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1		AN ACT to revise the law by combining multiple enactments
2		and making technical corrections.
3		Be it enacted by the People of the State of Illinois,
4		represented in the General Assembly:
5		Section 1. Nature of this Act.
6		(a) This Act may be cited as the First 2016 General
7		Revisory Act.
8		(b) This Act is not intended to make any substantive change
9		in the law. It reconciles conflicts that have arisen from
10		multiple amendments and enactments and makes technical
11		corrections and revisions in the law.
12		This Act revises and, where appropriate, renumbers certain
13		Sections that have been added or amended by more than one
14		Public Act. In certain cases in which a repealed Act or Section
15		has been replaced with a successor law, this Act may
16		incorporate amendments to the repealed Act or Section into the
17		successor law. This Act also corrects errors, revises
18		cross-references, and deletes obsolete text.
19		(c) In this Act, the reference at the end of each amended
20		Section indicates the sources in the Session Laws of Illinois
21		that were used in the preparation of the text of that Section.
22		The text of the Section included in this Act is intended to
23		include the different versions of the Section found in the
24		Public Acts included in the list of sources, but may not

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1		include other versions of the Section to be found in Public
2		Acts not included in the list of sources. The list of sources
3		is not a part of the text of the Section.
4		(d) Public Acts 98-1174 through 99-492 were considered in
5		the preparation of the combining revisories included in this
6		Act. Many of those combining revisories contain no striking or
7		underscoring because no additional changes are being made in
8		the material that is being combined.
9		Section 5. The Regulatory Sunset Act is amended by changing
10		Section 4.36 as follows:
11		(5 ILCS 80/4.36)
12		Sec. 4.36. Acts Act repealed on January 1, 2026. The
13		following Acts are Act is repealed on January 1, 2026:
14		The Barber, Cosmetology, Esthetics, Hair Braiding, and
15		Nail Technology Act of 1985.
16		The Collection Agency Act.
17		The Hearing Instrument Consumer Protection Act.
18		The Illinois Athletic Trainers Practice Act.
19		The Illinois Dental Practice Act.
20		The Illinois Roofing Industry Licensing Act.
21		The Illinois Physical Therapy Act.
22		The Professional Geologist Licensing Act.
23		The Respiratory Care Practice Act.
24		(Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;

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1		99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
2		99-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
3		12-31-15; revised 12-29-15.)
4		(5 ILCS 80/4.26 rep.)
5		Section 7. The Regulatory Sunset Act is amended by
6		repealing Section 4.26.
7		Section 10. The Illinois Administrative Procedure Act is
8		amended by changing Section 5-45 as follows:
9		(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
10		Sec. 5-45. Emergency rulemaking.
11		(a) "Emergency" means the existence of any situation that
12		any agency finds reasonably constitutes a threat to the public
13		interest, safety, or welfare.
14		(b) If any agency finds that an emergency exists that
15		requires adoption of a rule upon fewer days than is required by
16		Section 5-40 and states in writing its reasons for that
17		finding, the agency may adopt an emergency rule without prior
18		notice or hearing upon filing a notice of emergency rulemaking
19		with the Secretary of State under Section 5-70. The notice
20		shall include the text of the emergency rule and shall be
21		published in the Illinois Register. Consent orders or other
22		court orders adopting settlements negotiated by an agency may
23		be adopted under this Section. Subject to applicable

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1		constitutional or statutory provisions, an emergency rule
2		becomes effective immediately upon filing under Section 5-65 or
3		at a stated date less than 10 days thereafter. The agency's
4		finding and a statement of the specific reasons for the finding
5		shall be filed with the rule. The agency shall take reasonable
6		and appropriate measures to make emergency rules known to the
7		persons who may be affected by them.
8		(c) An emergency rule may be effective for a period of not
9		longer than 150 days, but the agency's authority to adopt an
10		identical rule under Section 5-40 is not precluded. No
11		emergency rule may be adopted more than once in any 24 month
12		period, except that this limitation on the number of emergency
13		rules that may be adopted in a 24 month period does not apply
14		to (i) emergency rules that make additions to and deletions
15		from the Drug Manual under Section 5-5.16 of the Illinois
16		Public Aid Code or the generic drug formulary under Section
17		3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
18		emergency rules adopted by the Pollution Control Board before
19		July 1, 1997 to implement portions of the Livestock Management
20		Facilities Act, (iii) emergency rules adopted by the Illinois
21		Department of Public Health under subsections (a) through (i)
22		of Section 2 of the Department of Public Health Act when
23		necessary to protect the public's health, (iv) emergency rules
24		adopted pursuant to subsection (n) of this Section, (v)
25		emergency rules adopted pursuant to subsection (o) of this
26		Section, or (vi) emergency rules adopted pursuant to subsection

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1		(c-5) of this Section. Two or more emergency rules having
2		substantially the same purpose and effect shall be deemed to be
3		a single rule for purposes of this Section.
4		(c-5) To facilitate the maintenance of the program of group
5		health benefits provided to annuitants, survivors, and retired
6		employees under the State Employees Group Insurance Act of
7		1971, rules to alter the contributions to be paid by the State,
8		annuitants, survivors, retired employees, or any combination
9		of those entities, for that program of group health benefits,
10		shall be adopted as emergency rules. The adoption of those
11		rules shall be considered an emergency and necessary for the
12		public interest, safety, and welfare.
13		(d) In order to provide for the expeditious and timely
14		implementation of the State's fiscal year 1999 budget,
15		emergency rules to implement any provision of Public Act 90-587
16		or 90-588 or any other budget initiative for fiscal year 1999
17		may be adopted in accordance with this Section by the agency
18		charged with administering that provision or initiative,
19		except that the 24-month limitation on the adoption of
20		emergency rules and the provisions of Sections 5-115 and 5-125
21		do not apply to rules adopted under this subsection (d). The
22		adoption of emergency rules authorized by this subsection (d)
23		shall be deemed to be necessary for the public interest,
24		safety, and welfare.
25		(e) In order to provide for the expeditious and timely
26		implementation of the State's fiscal year 2000 budget,

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1		emergency rules to implement any provision of Public Act 91-24
2		this amendatory Act of the 91st General Assembly or any other
3		budget initiative for fiscal year 2000 may be adopted in
4		accordance with this Section by the agency charged with
5		administering that provision or initiative, except that the
6		24-month limitation on the adoption of emergency rules and the
7		provisions of Sections 5-115 and 5-125 do not apply to rules
8		adopted under this subsection (e). The adoption of emergency
9		rules authorized by this subsection (e) shall be deemed to be
10		necessary for the public interest, safety, and welfare.
11		(f) In order to provide for the expeditious and timely
12		implementation of the State's fiscal year 2001 budget,
13		emergency rules to implement any provision of Public Act 91-712
14		this amendatory Act of the 91st General Assembly or any other
15		budget initiative for fiscal year 2001 may be adopted in
16		accordance with this Section by the agency charged with
17		administering that provision or initiative, except that the
18		24-month limitation on the adoption of emergency rules and the
19		provisions of Sections 5-115 and 5-125 do not apply to rules
20		adopted under this subsection (f). The adoption of emergency
21		rules authorized by this subsection (f) shall be deemed to be
22		necessary for the public interest, safety, and welfare.
23		(g) In order to provide for the expeditious and timely
24		implementation of the State's fiscal year 2002 budget,
25		emergency rules to implement any provision of Public Act 92-10
26		this amendatory Act of the 92nd General Assembly or any other

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1		budget initiative for fiscal year 2002 may be adopted in
2		accordance with this Section by the agency charged with
3		administering that provision or initiative, except that the
4		24-month limitation on the adoption of emergency rules and the
5		provisions of Sections 5-115 and 5-125 do not apply to rules
6		adopted under this subsection (g). The adoption of emergency
7		rules authorized by this subsection (g) shall be deemed to be
8		necessary for the public interest, safety, and welfare.
9		(h) In order to provide for the expeditious and timely
10		implementation of the State's fiscal year 2003 budget,
11		emergency rules to implement any provision of Public Act 92-597
12		this amendatory Act of the 92nd General Assembly or any other
13		budget initiative for fiscal year 2003 may be adopted in
14		accordance with this Section by the agency charged with
15		administering that provision or initiative, except that the
16		24-month limitation on the adoption of emergency rules and the
17		provisions of Sections 5-115 and 5-125 do not apply to rules
18		adopted under this subsection (h). The adoption of emergency
19		rules authorized by this subsection (h) shall be deemed to be
20		necessary for the public interest, safety, and welfare.
21		(i) In order to provide for the expeditious and timely
22		implementation of the State's fiscal year 2004 budget,
23		emergency rules to implement any provision of Public Act 93-20
24		this amendatory Act of the 93rd General Assembly or any other
25		budget initiative for fiscal year 2004 may be adopted in
26		accordance with this Section by the agency charged with

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1		administering that provision or initiative, except that the
2		24-month limitation on the adoption of emergency rules and the
3		provisions of Sections 5-115 and 5-125 do not apply to rules
4		adopted under this subsection (i). The adoption of emergency
5		rules authorized by this subsection (i) shall be deemed to be
6		necessary for the public interest, safety, and welfare.
7		(j) In order to provide for the expeditious and timely
8		implementation of the provisions of the State's fiscal year
9		2005 budget as provided under the Fiscal Year 2005 Budget
10		Implementation (Human Services) Act, emergency rules to
11		implement any provision of the Fiscal Year 2005 Budget
12		Implementation (Human Services) Act may be adopted in
13		accordance with this Section by the agency charged with
14		administering that provision, except that the 24-month
15		limitation on the adoption of emergency rules and the
16		provisions of Sections 5-115 and 5-125 do not apply to rules
17		adopted under this subsection (j). The Department of Public Aid
18		may also adopt rules under this subsection (j) necessary to
19		administer the Illinois Public Aid Code and the Children's
20		Health Insurance Program Act. The adoption of emergency rules
21		authorized by this subsection (j) shall be deemed to be
22		necessary for the public interest, safety, and welfare.
23		(k) In order to provide for the expeditious and timely
24		implementation of the provisions of the State's fiscal year
25		2006 budget, emergency rules to implement any provision of
26		Public Act 94-48 this amendatory Act of the 94th General

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1		Assembly or any other budget initiative for fiscal year 2006
2		may be adopted in accordance with this Section by the agency
3		charged with administering that provision or initiative,
4		except that the 24-month limitation on the adoption of
5		emergency rules and the provisions of Sections 5-115 and 5-125
6		do not apply to rules adopted under this subsection (k). The
7		Department of Healthcare and Family Services may also adopt
8		rules under this subsection (k) necessary to administer the
9		Illinois Public Aid Code, the Senior Citizens and Persons with
10		Disabilities Property Tax Relief Act, the Senior Citizens and
11		Disabled Persons Prescription Drug Discount Program Act (now
12		the Illinois Prescription Drug Discount Program Act), and the
13		Children's Health Insurance Program Act. The adoption of
14		emergency rules authorized by this subsection (k) shall be
15		deemed to be necessary for the public interest, safety, and
16		welfare.
17		(l) In order to provide for the expeditious and timely
18		implementation of the provisions of the State's fiscal year
19		2007 budget, the Department of Healthcare and Family Services
20		may adopt emergency rules during fiscal year 2007, including
21		rules effective July 1, 2007, in accordance with this
22		subsection to the extent necessary to administer the
23		Department's responsibilities with respect to amendments to
24		the State plans and Illinois waivers approved by the federal
25		Centers for Medicare and Medicaid Services necessitated by the
26		requirements of Title XIX and Title XXI of the federal Social

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1		Security Act. The adoption of emergency rules authorized by
2		this subsection (l) shall be deemed to be necessary for the
3		public interest, safety, and welfare.
4		(m) In order to provide for the expeditious and timely
5		implementation of the provisions of the State's fiscal year
6		2008 budget, the Department of Healthcare and Family Services
7		may adopt emergency rules during fiscal year 2008, including
8		rules effective July 1, 2008, in accordance with this
9		subsection to the extent necessary to administer the
10		Department's responsibilities with respect to amendments to
11		the State plans and Illinois waivers approved by the federal
12		Centers for Medicare and Medicaid Services necessitated by the
13		requirements of Title XIX and Title XXI of the federal Social
14		Security Act. The adoption of emergency rules authorized by
15		this subsection (m) shall be deemed to be necessary for the
16		public interest, safety, and welfare.
17		(n) In order to provide for the expeditious and timely
18		implementation of the provisions of the State's fiscal year
19		2010 budget, emergency rules to implement any provision of
20		Public Act 96-45 this amendatory Act of the 96th General
21		Assembly or any other budget initiative authorized by the 96th
22		General Assembly for fiscal year 2010 may be adopted in
23		accordance with this Section by the agency charged with
24		administering that provision or initiative. The adoption of
25		emergency rules authorized by this subsection (n) shall be
26		deemed to be necessary for the public interest, safety, and

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1		welfare. The rulemaking authority granted in this subsection
2		(n) shall apply only to rules promulgated during Fiscal Year
3		2010.
4		(o) In order to provide for the expeditious and timely
5		implementation of the provisions of the State's fiscal year
6		2011 budget, emergency rules to implement any provision of
7		Public Act 96-958 this amendatory Act of the 96th General
8		Assembly or any other budget initiative authorized by the 96th
9		General Assembly for fiscal year 2011 may be adopted in
10		accordance with this Section by the agency charged with
11		administering that provision or initiative. The adoption of
12		emergency rules authorized by this subsection (o) is deemed to
13		be necessary for the public interest, safety, and welfare. The
14		rulemaking authority granted in this subsection (o) applies
15		only to rules promulgated on or after the effective date of
16		Public Act 96-958 this amendatory Act of the 96th General
17		Assembly through June 30, 2011.
18		(p) In order to provide for the expeditious and timely
19		implementation of the provisions of Public Act 97-689,
20		emergency rules to implement any provision of Public Act 97-689
21		may be adopted in accordance with this subsection (p) by the
22		agency charged with administering that provision or
23		initiative. The 150-day limitation of the effective period of
24		emergency rules does not apply to rules adopted under this
25		subsection (p), and the effective period may continue through
26		June 30, 2013. The 24-month limitation on the adoption of

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1		emergency rules does not apply to rules adopted under this
2		subsection (p). The adoption of emergency rules authorized by
3		this subsection (p) is deemed to be necessary for the public
4		interest, safety, and welfare.
5		(q) In order to provide for the expeditious and timely
6		implementation of the provisions of Articles 7, 8, 9, 11, and
7		12 of Public Act 98-104 this amendatory Act of the 98th General
8		Assembly, emergency rules to implement any provision of
9		Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this
10		amendatory Act of the 98th General Assembly may be adopted in
11		accordance with this subsection (q) by the agency charged with
12		administering that provision or initiative. The 24-month
13		limitation on the adoption of emergency rules does not apply to
14		rules adopted under this subsection (q). The adoption of
15		emergency rules authorized by this subsection (q) is deemed to
16		be necessary for the public interest, safety, and welfare.
17		(r) In order to provide for the expeditious and timely
18		implementation of the provisions of Public Act 98-651 this
19		amendatory Act of the 98th General Assembly, emergency rules to
20		implement Public Act 98-651 this amendatory Act of the 98th
21		General Assembly may be adopted in accordance with this
22		subsection (r) by the Department of Healthcare and Family
23		Services. The 24-month limitation on the adoption of emergency
24		rules does not apply to rules adopted under this subsection
25		(r). The adoption of emergency rules authorized by this
26		subsection (r) is deemed to be necessary for the public

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1		interest, safety, and welfare.
2		(s) In order to provide for the expeditious and timely
3		implementation of the provisions of Sections 5-5b.1 and 5A-2 of
4		the Illinois Public Aid Code, emergency rules to implement any
5		provision of Section 5-5b.1 or Section 5A-2 of the Illinois
6		Public Aid Code may be adopted in accordance with this
7		subsection (s) by the Department of Healthcare and Family
8		Services. The rulemaking authority granted in this subsection
9		(s) shall apply only to those rules adopted prior to July 1,
10		2015. Notwithstanding any other provision of this Section, any
11		emergency rule adopted under this subsection (s) shall only
12		apply to payments made for State fiscal year 2015. The adoption
13		of emergency rules authorized by this subsection (s) is deemed
14		to be necessary for the public interest, safety, and welfare.
15		(t) In order to provide for the expeditious and timely
16		implementation of the provisions of Article II of Public Act
17		99-6 this amendatory Act of the 99th General Assembly,
18		emergency rules to implement the changes made by Article II of
19		Public Act 99-6 this amendatory Act of the 99th General
20		Assembly to the Emergency Telephone System Act may be adopted
21		in accordance with this subsection (t) by the Department of
22		State Police. The rulemaking authority granted in this
23		subsection (t) shall apply only to those rules adopted prior to
24		July 1, 2016. The 24-month limitation on the adoption of
25		emergency rules does not apply to rules adopted under this
26		subsection (t). The adoption of emergency rules authorized by

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1		this subsection (t) is deemed to be necessary for the public
2		interest, safety, and welfare.
3		(u) (t) In order to provide for the expeditious and timely
4		implementation of the provisions of the Burn Victims Relief
5		Act, emergency rules to implement any provision of the Act may
6		be adopted in accordance with this subsection (u) (t) by the
7		Department of Insurance. The rulemaking authority granted in
8		this subsection (u) (t) shall apply only to those rules adopted
9		prior to December 31, 2015. The adoption of emergency rules
10		authorized by this subsection (u) (t) is deemed to be necessary
11		for the public interest, safety, and welfare.
12		(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
13		98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
14		99-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised 10-15-15.)
15		Section 15. The Open Meetings Act is amended by changing
16		Section 2 as follows:
17		(5 ILCS 120/2) (from Ch. 102, par. 42)
18		Sec. 2. Open meetings.
19		(a) Openness required. All meetings of public bodies shall
20		be open to the public unless excepted in subsection (c) and
21		closed in accordance with Section 2a.
22		(b) Construction of exceptions. The exceptions contained
23		in subsection (c) are in derogation of the requirement that
24		public bodies meet in the open, and therefore, the exceptions

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1		are to be strictly construed, extending only to subjects
2		clearly within their scope. The exceptions authorize but do not
3		require the holding of a closed meeting to discuss a subject
4		included within an enumerated exception.
5		(c) Exceptions. A public body may hold closed meetings to
6		consider the following subjects:
7		(1) The appointment, employment, compensation,
8		discipline, performance, or dismissal of specific
9		employees of the public body or legal counsel for the
10		public body, including hearing testimony on a complaint
11		lodged against an employee of the public body or against
12		legal counsel for the public body to determine its
13		validity.
14		(2) Collective negotiating matters between the public
15		body and its employees or their representatives, or
16		deliberations concerning salary schedules for one or more
17		classes of employees.
18		(3) The selection of a person to fill a public office,
19		as defined in this Act, including a vacancy in a public
20		office, when the public body is given power to appoint
21		under law or ordinance, or the discipline, performance or
22		removal of the occupant of a public office, when the public
23		body is given power to remove the occupant under law or
24		ordinance.
25		(4) Evidence or testimony presented in open hearing, or
26		in closed hearing where specifically authorized by law, to

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1		a quasi-adjudicative body, as defined in this Act, provided
2		that the body prepares and makes available for public
3		inspection a written decision setting forth its
4		determinative reasoning.
5		(5) The purchase or lease of real property for the use
6		of the public body, including meetings held for the purpose
7		of discussing whether a particular parcel should be
8		acquired.
9		(6) The setting of a price for sale or lease of
10		property owned by the public body.
11		(7) The sale or purchase of securities, investments, or
12		investment contracts. This exception shall not apply to the
13		investment of assets or income of funds deposited into the
14		Illinois Prepaid Tuition Trust Fund.
15		(8) Security procedures, school building safety and
16		security, and the use of personnel and equipment to respond
17		to an actual, a threatened, or a reasonably potential
18		danger to the safety of employees, students, staff, the
19		public, or public property.
20		(9) Student disciplinary cases.
21		(10) The placement of individual students in special
22		education programs and other matters relating to
23		individual students.
24		(11) Litigation, when an action against, affecting or
25		on behalf of the particular public body has been filed and
26		is pending before a court or administrative tribunal, or

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1		when the public body finds that an action is probable or
2		imminent, in which case the basis for the finding shall be
3		recorded and entered into the minutes of the closed
4		meeting.
5		(12) The establishment of reserves or settlement of
6		claims as provided in the Local Governmental and
7		Governmental Employees Tort Immunity Act, if otherwise the
8		disposition of a claim or potential claim might be
9		prejudiced, or the review or discussion of claims, loss or
10		risk management information, records, data, advice or
11		communications from or with respect to any insurer of the
12		public body or any intergovernmental risk management
13		association or self insurance pool of which the public body
14		is a member.
15		(13) Conciliation of complaints of discrimination in
16		the sale or rental of housing, when closed meetings are
17		authorized by the law or ordinance prescribing fair housing
18		practices and creating a commission or administrative
19		agency for their enforcement.
20		(14) Informant sources, the hiring or assignment of
21		undercover personnel or equipment, or ongoing, prior or
22		future criminal investigations, when discussed by a public
23		body with criminal investigatory responsibilities.
24		(15) Professional ethics or performance when
25		considered by an advisory body appointed to advise a
26		licensing or regulatory agency on matters germane to the

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1		advisory body's field of competence.
2		(16) Self evaluation, practices and procedures or
3		professional ethics, when meeting with a representative of
4		a statewide association of which the public body is a
5		member.
6		(17) The recruitment, credentialing, discipline or
7		formal peer review of physicians or other health care
8		professionals for a hospital, or other institution
9		providing medical care, that is operated by the public
10		body.
11		(18) Deliberations for decisions of the Prisoner
12		Review Board.
13		(19) Review or discussion of applications received
14		under the Experimental Organ Transplantation Procedures
15		Act.
16		(20) The classification and discussion of matters
17		classified as confidential or continued confidential by
18		the State Government Suggestion Award Board.
19		(21) Discussion of minutes of meetings lawfully closed
20		under this Act, whether for purposes of approval by the
21		body of the minutes or semi-annual review of the minutes as
22		mandated by Section 2.06.
23		(22) Deliberations for decisions of the State
24		Emergency Medical Services Disciplinary Review Board.
25		(23) The operation by a municipality of a municipal
26		utility or the operation of a municipal power agency or

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1		municipal natural gas agency when the discussion involves
2		(i) contracts relating to the purchase, sale, or delivery
3		of electricity or natural gas or (ii) the results or
4		conclusions of load forecast studies.
5		(24) Meetings of a residential health care facility
6		resident sexual assault and death review team or the
7		Executive Council under the Abuse Prevention Review Team
8		Act.
9		(25) Meetings of an independent team of experts under
10		Brian's Law.
11		(26) Meetings of a mortality review team appointed
12		under the Department of Juvenile Justice Mortality Review
13		Team Act.
14		(27) (Blank).
15		(28) Correspondence and records (i) that may not be
16		disclosed under Section 11-9 of the Public Aid Code or (ii)
17		that pertain to appeals under Section 11-8 of the Public
18		Aid Code.
19		(29) Meetings between internal or external auditors
20		and governmental audit committees, finance committees, and
21		their equivalents, when the discussion involves internal
22		control weaknesses, identification of potential fraud risk
23		areas, known or suspected frauds, and fraud interviews
24		conducted in accordance with generally accepted auditing
25		standards of the United States of America.
26		(30) Those meetings or portions of meetings of a

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1		fatality review team or the Illinois Fatality Review Team
2		Advisory Council during which a review of the death of an
3		eligible adult in which abuse or neglect is suspected,
4		alleged, or substantiated is conducted pursuant to Section
5		15 of the Adult Protective Services Act.
6		(31) Meetings and deliberations for decisions of the
7		Concealed Carry Licensing Review Board under the Firearm
8		Concealed Carry Act.
9		(32) Meetings between the Regional Transportation
10		Authority Board and its Service Boards when the discussion
11		involves review by the Regional Transportation Authority
12		Board of employment contracts under Section 28d of the
13		Metropolitan Transit Authority Act and Sections 3A.18 and
14		3B.26 of the Regional Transportation Authority Act.
15		(33) Those meetings meeting or portions of meetings of
16		the advisory committee and peer review subcommittee
17		created under Section 320 of the Illinois Controlled
18		Substances Act during which specific controlled substance
19		prescriber, dispenser, or patient information is
20		discussed.
21		(d) Definitions. For purposes of this Section:
22		"Employee" means a person employed by a public body whose
23		relationship with the public body constitutes an
24		employer-employee relationship under the usual common law
25		rules, and who is not an independent contractor.
26		"Public office" means a position created by or under the

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1		Constitution or laws of this State, the occupant of which is
2		charged with the exercise of some portion of the sovereign
3		power of this State. The term "public office" shall include
4		members of the public body, but it shall not include
5		organizational positions filled by members thereof, whether
6		established by law or by a public body itself, that exist to
7		assist the body in the conduct of its business.
8		"Quasi-adjudicative body" means an administrative body
9		charged by law or ordinance with the responsibility to conduct
10		hearings, receive evidence or testimony and make
11		determinations based thereon, but does not include local
12		electoral boards when such bodies are considering petition
13		challenges.
14		(e) Final action. No final action may be taken at a closed
15		meeting. Final action shall be preceded by a public recital of
16		the nature of the matter being considered and other information
17		that will inform the public of the business being conducted.
18		(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
19		eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
20		99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
21		revised 10-14-15.)
22		Section 20. The Freedom of Information Act is amended by
23		changing Sections 7, 7.5, and 11 as follows:
24		(5 ILCS 140/7) (from Ch. 116, par. 207)

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1		Sec. 7. Exemptions.
2		(1) When a request is made to inspect or copy a public
3		record that contains information that is exempt from disclosure
4		under this Section, but also contains information that is not
5		exempt from disclosure, the public body may elect to redact the
6		information that is exempt. The public body shall make the
7		remaining information available for inspection and copying.
8		Subject to this requirement, the following shall be exempt from
9		inspection and copying:
10		(a) Information specifically prohibited from
11		disclosure by federal or State law or rules and regulations
12		implementing federal or State law.
13		(b) Private information, unless disclosure is required
14		by another provision of this Act, a State or federal law or
15		a court order.
16		(b-5) Files, documents, and other data or databases
17		maintained by one or more law enforcement agencies and
18		specifically designed to provide information to one or more
19		law enforcement agencies regarding the physical or mental
20		status of one or more individual subjects.
21		(c) Personal information contained within public
22		records, the disclosure of which would constitute a clearly
23		unwarranted invasion of personal privacy, unless the
24		disclosure is consented to in writing by the individual
25		subjects of the information. "Unwarranted invasion of
26		personal privacy" means the disclosure of information that

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1		is highly personal or objectionable to a reasonable person
2		and in which the subject's right to privacy outweighs any
3		legitimate public interest in obtaining the information.
4		The disclosure of information that bears on the public
5		duties of public employees and officials shall not be
6		considered an invasion of personal privacy.
7		(d) Records in the possession of any public body
8		created in the course of administrative enforcement
9		proceedings, and any law enforcement or correctional
10		agency for law enforcement purposes, but only to the extent
11		that disclosure would:
12		(i) interfere with pending or actually and
13		reasonably contemplated law enforcement proceedings
14		conducted by any law enforcement or correctional
15		agency that is the recipient of the request;
16		(ii) interfere with active administrative
17		enforcement proceedings conducted by the public body
18		that is the recipient of the request;
19		(iii) create a substantial likelihood that a
20		person will be deprived of a fair trial or an impartial
21		hearing;
22		(iv) unavoidably disclose the identity of a
23		confidential source, confidential information
24		furnished only by the confidential source, or persons
25		who file complaints with or provide information to
26		administrative, investigative, law enforcement, or

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1		penal agencies; except that the identities of
2		witnesses to traffic accidents, traffic accident
3		reports, and rescue reports shall be provided by
4		agencies of local government, except when disclosure
5		would interfere with an active criminal investigation
6		conducted by the agency that is the recipient of the
7		request;
8		(v) disclose unique or specialized investigative
9		techniques other than those generally used and known or
10		disclose internal documents of correctional agencies
11		related to detection, observation or investigation of
12		incidents of crime or misconduct, and disclosure would
13		result in demonstrable harm to the agency or public
14		body that is the recipient of the request;
15		(vi) endanger the life or physical safety of law
16		enforcement personnel or any other person; or
17		(vii) obstruct an ongoing criminal investigation
18		by the agency that is the recipient of the request.
19		(d-5) A law enforcement record created for law
20		enforcement purposes and contained in a shared electronic
21		record management system if the law enforcement agency that
22		is the recipient of the request did not create the record,
23		did not participate in or have a role in any of the events
24		which are the subject of the record, and only has access to
25		the record through the shared electronic record management
26		system.

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1		(e) Records that relate to or affect the security of
2		correctional institutions and detention facilities.
3		(e-5) Records requested by persons committed to the
4		Department of Corrections if those materials are available
5		in the library of the correctional facility where the
6		inmate is confined.
7		(e-6) Records requested by persons committed to the
8		Department of Corrections if those materials include
9		records from staff members' personnel files, staff
10		rosters, or other staffing assignment information.
11		(e-7) Records requested by persons committed to the
12		Department of Corrections if those materials are available
13		through an administrative request to the Department of
14		Corrections.
15		(f) Preliminary drafts, notes, recommendations,
16		memoranda and other records in which opinions are
17		expressed, or policies or actions are formulated, except
18		that a specific record or relevant portion of a record
19		shall not be exempt when the record is publicly cited and
20		identified by the head of the public body. The exemption
21		provided in this paragraph (f) extends to all those records
22		of officers and agencies of the General Assembly that
23		pertain to the preparation of legislative documents.
24		(g) Trade secrets and commercial or financial
25		information obtained from a person or business where the
26		trade secrets or commercial or financial information are

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1		furnished under a claim that they are proprietary,
2		privileged or confidential, and that disclosure of the
3		trade secrets or commercial or financial information would
4		cause competitive harm to the person or business, and only
5		insofar as the claim directly applies to the records
6		requested.
7		The information included under this exemption includes
8		all trade secrets and commercial or financial information
9		obtained by a public body, including a public pension fund,
10		from a private equity fund or a privately held company
11		within the investment portfolio of a private equity fund as
12		a result of either investing or evaluating a potential
13		investment of public funds in a private equity fund. The
14		exemption contained in this item does not apply to the
15		aggregate financial performance information of a private
16		equity fund, nor to the identity of the fund's managers or
17		general partners. The exemption contained in this item does
18		not apply to the identity of a privately held company
19		within the investment portfolio of a private equity fund,
20		unless the disclosure of the identity of a privately held
21		company may cause competitive harm.
22		Nothing contained in this paragraph (g) shall be
23		construed to prevent a person or business from consenting
24		to disclosure.
25		(h) Proposals and bids for any contract, grant, or
26		agreement, including information which if it were

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1		disclosed would frustrate procurement or give an advantage
2		to any person proposing to enter into a contractor
3		agreement with the body, until an award or final selection
4		is made. Information prepared by or for the body in
5		preparation of a bid solicitation shall be exempt until an
6		award or final selection is made.
7		(i) Valuable formulae, computer geographic systems,
8		designs, drawings and research data obtained or produced by
9		any public body when disclosure could reasonably be
10		expected to produce private gain or public loss. The
11		exemption for "computer geographic systems" provided in
12		this paragraph (i) does not extend to requests made by news
13		media as defined in Section 2 of this Act when the
14		requested information is not otherwise exempt and the only
15		purpose of the request is to access and disseminate
16		information regarding the health, safety, welfare, or
17		legal rights of the general public.
18		(j) The following information pertaining to
19		educational matters:
20		(i) test questions, scoring keys and other
21		examination data used to administer an academic
22		examination;
23		(ii) information received by a primary or
24		secondary school, college, or university under its
25		procedures for the evaluation of faculty members by
26		their academic peers;

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1		(iii) information concerning a school or
2		university's adjudication of student disciplinary
3		cases, but only to the extent that disclosure would
4		unavoidably reveal the identity of the student; and
5		(iv) course materials or research materials used
6		by faculty members.
7		(k) Architects' plans, engineers' technical
8		submissions, and other construction related technical
9		documents for projects not constructed or developed in
10		whole or in part with public funds and the same for
11		projects constructed or developed with public funds,
12		including but not limited to power generating and
13		distribution stations and other transmission and
14		distribution facilities, water treatment facilities,
15		airport facilities, sport stadiums, convention centers,
16		and all government owned, operated, or occupied buildings,
17		but only to the extent that disclosure would compromise
18		security.
19		(l) Minutes of meetings of public bodies closed to the
20		public as provided in the Open Meetings Act until the
21		public body makes the minutes available to the public under
22		Section 2.06 of the Open Meetings Act.
23		(m) Communications between a public body and an
24		attorney or auditor representing the public body that would
25		not be subject to discovery in litigation, and materials
26		prepared or compiled by or for a public body in

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1		anticipation of a criminal, civil or administrative
2		proceeding upon the request of an attorney advising the
3		public body, and materials prepared or compiled with
4		respect to internal audits of public bodies.
5		(n) Records relating to a public body's adjudication of
6		employee grievances or disciplinary cases; however, this
7		exemption shall not extend to the final outcome of cases in
8		which discipline is imposed.
9		(o) Administrative or technical information associated
10		with automated data processing operations, including but
11		not limited to software, operating protocols, computer
12		program abstracts, file layouts, source listings, object
13		modules, load modules, user guides, documentation
14		pertaining to all logical and physical design of
15		computerized systems, employee manuals, and any other
16		information that, if disclosed, would jeopardize the
17		security of the system or its data or the security of
18		materials exempt under this Section.
19		(p) Records relating to collective negotiating matters
20		between public bodies and their employees or
21		representatives, except that any final contract or
22		agreement shall be subject to inspection and copying.
23		(q) Test questions, scoring keys, and other
24		examination data used to determine the qualifications of an
25		applicant for a license or employment.
26		(r) The records, documents, and information relating

HB5540 Enrolled - 30 - LRB099 16003 AMC 40320 b
1		to real estate purchase negotiations until those
2		negotiations have been completed or otherwise terminated.
3		With regard to a parcel involved in a pending or actually
4		and reasonably contemplated eminent domain proceeding
5		under the Eminent Domain Act, records, documents and
6		information relating to that parcel shall be exempt except
7		as may be allowed under discovery rules adopted by the
8		Illinois Supreme Court. The records, documents and
9		information relating to a real estate sale shall be exempt
10		until a sale is consummated.
11		(s) Any and all proprietary information and records
12		related to the operation of an intergovernmental risk
13		management association or self-insurance pool or jointly
14		self-administered health and accident cooperative or pool.
15		Insurance or self insurance (including any
16		intergovernmental risk management association or self
17		insurance pool) claims, loss or risk management
18		information, records, data, advice or communications.
19		(t) Information contained in or related to
20		examination, operating, or condition reports prepared by,
21		on behalf of, or for the use of a public body responsible
22		for the regulation or supervision of financial
23		institutions or insurance companies, unless disclosure is
24		otherwise required by State law.
25		(u) Information that would disclose or might lead to
26		the disclosure of secret or confidential information,

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1		codes, algorithms, programs, or private keys intended to be
2		used to create electronic or digital signatures under the
3		Electronic Commerce Security Act.
4		(v) Vulnerability assessments, security measures, and
5		response policies or plans that are designed to identify,
6		prevent, or respond to potential attacks upon a community's
7		population or systems, facilities, or installations, the
8		destruction or contamination of which would constitute a
9		clear and present danger to the health or safety of the
10		community, but only to the extent that disclosure could
11		reasonably be expected to jeopardize the effectiveness of
12		the measures or the safety of the personnel who implement
13		them or the public. Information exempt under this item may
14		include such things as details pertaining to the
15		mobilization or deployment of personnel or equipment, to
16		the operation of communication systems or protocols, or to
17		tactical operations.
18		(w) (Blank).
19		(x) Maps and other records regarding the location or
20		security of generation, transmission, distribution,
21		storage, gathering, treatment, or switching facilities
22		owned by a utility, by a power generator, or by the
23		Illinois Power Agency.
24		(y) Information contained in or related to proposals,
25		bids, or negotiations related to electric power
26		procurement under Section 1-75 of the Illinois Power Agency

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1		Act and Section 16-111.5 of the Public Utilities Act that
2		is determined to be confidential and proprietary by the
3		Illinois Power Agency or by the Illinois Commerce
4		Commission.
5		(z) Information about students exempted from
6		disclosure under Sections 10-20.38 or 34-18.29 of the
7		School Code, and information about undergraduate students
8		enrolled at an institution of higher education exempted
9		from disclosure under Section 25 of the Illinois Credit
10		Card Marketing Act of 2009.
11		(aa) Information the disclosure of which is exempted
12		under the Viatical Settlements Act of 2009.
13		(bb) Records and information provided to a mortality
14		review team and records maintained by a mortality review
15		team appointed under the Department of Juvenile Justice
16		Mortality Review Team Act.
17		(cc) Information regarding interments, entombments, or
18		inurnments of human remains that are submitted to the
19		Cemetery Oversight Database under the Cemetery Care Act or
20		the Cemetery Oversight Act, whichever is applicable.
21		(dd) Correspondence and records (i) that may not be
22		disclosed under Section 11-9 of the Public Aid Code or (ii)
23		that pertain to appeals under Section 11-8 of the Public
24		Aid Code.
25		(ee) The names, addresses, or other personal
26		information of persons who are minors and are also

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1		participants and registrants in programs of park
2		districts, forest preserve districts, conservation
3		districts, recreation agencies, and special recreation
4		associations.
5		(ff) The names, addresses, or other personal
6		information of participants and registrants in programs of
7		park districts, forest preserve districts, conservation
8		districts, recreation agencies, and special recreation
9		associations where such programs are targeted primarily to
10		minors.
11		(gg) Confidential information described in Section
12		1-100 of the Illinois Independent Tax Tribunal Act of 2012.
13		(hh) The report submitted to the State Board of
14		Education by the School Security and Standards Task Force
15		under item (8) of subsection (d) of Section 2-3.160 of the
16		School Code and any information contained in that report.
17		(ii) Records requested by persons committed to or
18		detained by the Department of Human Services under the
19		Sexually Violent Persons Commitment Act or committed to the
20		Department of Corrections under the Sexually Dangerous
21		Persons Act if those materials: (i) are available in the
22		library of the facility where the individual is confined;
23		(ii) include records from staff members' personnel files,
24		staff rosters, or other staffing assignment information;
25		or (iii) are available through an administrative request to
26		the Department of Human Services or the Department of

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1		Corrections.
2		(jj) (ii) Confidential information described in
3		Section 5-535 of the Civil Administrative Code of Illinois.
4		(1.5) Any information exempt from disclosure under the
5		Judicial Privacy Act shall be redacted from public records
6		prior to disclosure under this Act.
7		(2) A public record that is not in the possession of a
8		public body but is in the possession of a party with whom the
9		agency has contracted to perform a governmental function on
10		behalf of the public body, and that directly relates to the
11		governmental function and is not otherwise exempt under this
12		Act, shall be considered a public record of the public body,
13		for purposes of this Act.
14		(3) This Section does not authorize withholding of
15		information or limit the availability of records to the public,
16		except as stated in this Section or otherwise provided in this
17		Act.
18		(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
19		98-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
20		revised 1-11-16.)
21		(5 ILCS 140/7.5)
22		Sec. 7.5. Statutory exemptions. To the extent provided for
23		by the statutes referenced below, the following shall be exempt
24		from inspection and copying:
25		(a) All information determined to be confidential

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1		under Section 4002 of the Technology Advancement and
2		Development Act.
3		(b) Library circulation and order records identifying
4		library users with specific materials under the Library
5		Records Confidentiality Act.
6		(c) Applications, related documents, and medical
7		records received by the Experimental Organ Transplantation
8		Procedures Board and any and all documents or other records
9		prepared by the Experimental Organ Transplantation
10		Procedures Board or its staff relating to applications it
11		has received.
12		(d) Information and records held by the Department of
13		Public Health and its authorized representatives relating
14		to known or suspected cases of sexually transmissible
15		disease or any information the disclosure of which is
16		restricted under the Illinois Sexually Transmissible
17		Disease Control Act.
18		(e) Information the disclosure of which is exempted
19		under Section 30 of the Radon Industry Licensing Act.
20		(f) Firm performance evaluations under Section 55 of
21		the Architectural, Engineering, and Land Surveying
22		Qualifications Based Selection Act.
23		(g) Information the disclosure of which is restricted
24		and exempted under Section 50 of the Illinois Prepaid
25		Tuition Act.
26		(h) Information the disclosure of which is exempted

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1		under the State Officials and Employees Ethics Act, and
2		records of any lawfully created State or local inspector
3		general's office that would be exempt if created or
4		obtained by an Executive Inspector General's office under
5		that Act.
6		(i) Information contained in a local emergency energy
7		plan submitted to a municipality in accordance with a local
8		emergency energy plan ordinance that is adopted under
9		Section 11-21.5-5 of the Illinois Municipal Code.
10		(j) Information and data concerning the distribution
11		of surcharge moneys collected and remitted by wireless
12		carriers under the Wireless Emergency Telephone Safety
13		Act.
14		(k) Law enforcement officer identification information
15		or driver identification information compiled by a law
16		enforcement agency or the Department of Transportation
17		under Section 11-212 of the Illinois Vehicle Code.
18		(l) Records and information provided to a residential
19		health care facility resident sexual assault and death
20		review team or the Executive Council under the Abuse
21		Prevention Review Team Act.
22		(m) Information provided to the predatory lending
23		database created pursuant to Article 3 of the Residential
24		Real Property Disclosure Act, except to the extent
25		authorized under that Article.
26		(n) Defense budgets and petitions for certification of

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1		compensation and expenses for court appointed trial
2		counsel as provided under Sections 10 and 15 of the Capital
3		Crimes Litigation Act. This subsection (n) shall apply
4		until the conclusion of the trial of the case, even if the
5		prosecution chooses not to pursue the death penalty prior
6		to trial or sentencing.
7		(o) Information that is prohibited from being
8		disclosed under Section 4 of the Illinois Health and
9		Hazardous Substances Registry Act.
10		(p) Security portions of system safety program plans,
11		investigation reports, surveys, schedules, lists, data, or
12		information compiled, collected, or prepared by or for the
13		Regional Transportation Authority under Section 2.11 of
14		the Regional Transportation Authority Act or the St. Clair
15		County Transit District under the Bi-State Transit Safety
16		Act.
17		(q) Information prohibited from being disclosed by the
18		Personnel Records Review Act.
19		(r) Information prohibited from being disclosed by the
20		Illinois School Student Records Act.
21		(s) Information the disclosure of which is restricted
22		under Section 5-108 of the Public Utilities Act.
23		(t) All identified or deidentified health information
24		in the form of health data or medical records contained in,
25		stored in, submitted to, transferred by, or released from
26		the Illinois Health Information Exchange, and identified

HB5540 Enrolled - 38 - LRB099 16003 AMC 40320 b
1		or deidentified health information in the form of health
2		data and medical records of the Illinois Health Information
3		Exchange in the possession of the Illinois Health
4		Information Exchange Authority due to its administration
5		of the Illinois Health Information Exchange. The terms
6		"identified" and "deidentified" shall be given the same
7		meaning as in the Health Insurance Portability and
8		Accountability and Portability Act of 1996, Public Law
9		104-191, or any subsequent amendments thereto, and any
10		regulations promulgated thereunder.
11		(u) Records and information provided to an independent
12		team of experts under Brian's Law.
13		(v) Names and information of people who have applied
14		for or received Firearm Owner's Identification Cards under
15		the Firearm Owners Identification Card Act or applied for
16		or received a concealed carry license under the Firearm
17		Concealed Carry Act, unless otherwise authorized by the
18		Firearm Concealed Carry Act; and databases under the
19		Firearm Concealed Carry Act, records of the Concealed Carry
20		Licensing Review Board under the Firearm Concealed Carry
21		Act, and law enforcement agency objections under the
22		Firearm Concealed Carry Act.
23		(w) Personally identifiable information which is
24		exempted from disclosure under subsection (g) of Section
25		19.1 of the Toll Highway Act.
26		(x) Information which is exempted from disclosure

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1		under Section 5-1014.3 of the Counties Code or Section
2		8-11-21 of the Illinois Municipal Code.
3		(y) Confidential information under the Adult
4		Protective Services Act and its predecessor enabling
5		statute, the Elder Abuse and Neglect Act, including
6		information about the identity and administrative finding
7		against any caregiver of a verified and substantiated
8		decision of abuse, neglect, or financial exploitation of an
9		eligible adult maintained in the Registry established
10		under Section 7.5 of the Adult Protective Services Act.
11		(z) Records and information provided to a fatality
12		review team or the Illinois Fatality Review Team Advisory
13		Council under Section 15 of the Adult Protective Services
14		Act.
15		(aa) Information which is exempted from disclosure
16		under Section 2.37 of the Wildlife Code.
17		(bb) Information which is or was prohibited from
18		disclosure by the Juvenile Court Act of 1987.
19		(cc) (bb) Recordings made under the Law Enforcement
20		Officer-Worn Body Camera Act, except to the extent
21		authorized under that Act.
22		(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
23		eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
24		99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
25		revised 10-14-15.)

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1		(5 ILCS 140/11) (from Ch. 116, par. 211)
2		Sec. 11. (a) Any person denied access to inspect or copy
3		any public record by a public body may file suit for injunctive
4		or declaratory relief.
5		(b) Where the denial is from a public body of the State,
6		suit may be filed in the circuit court for the county where the
7		public body has its principal office or where the person denied
8		access resides.
9		(c) Where the denial is from a municipality or other public
10		body, except as provided in subsection (b) of this Section,
11		suit may be filed in the circuit court for the county where the
12		public body is located.
13		(d) The circuit court shall have the jurisdiction to enjoin
14		the public body from withholding public records and to order
15		the production of any public records improperly withheld from
16		the person seeking access. If the public body can show that
17		exceptional circumstances exist, and that the body is
18		exercising due diligence in responding to the request, the
19		court may retain jurisdiction and allow the agency additional
20		time to complete its review of the records.
21		(e) On motion of the plaintiff, prior to or after in camera
22		inspection, the court shall order the public body to provide an
23		index of the records to which access has been denied. The index
24		shall include the following:
25		(i) A description of the nature or contents of each
26		document withheld, or each deletion from a released

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1		document, provided, however, that the public body shall not
2		be required to disclose the information which it asserts is
3		exempt; and
4		(ii) A statement of the exemption or exemptions claimed
5		for each such deletion or withheld document.
6		(f) In any action considered by the court, the court shall
7		consider the matter de novo, and shall conduct such in camera
8		examination of the requested records as it finds appropriate to
9		determine if such records or any part thereof may be withheld
10		under any provision of this Act. The burden shall be on the
11		public body to establish that its refusal to permit public
12		inspection or copying is in accordance with the provisions of
13		this Act. Any public body that asserts that a record is exempt
14		from disclosure has the burden of proving that it is exempt by
15		clear and convincing evidence.
16		(g) In the event of noncompliance with an order of the
17		court to disclose, the court may enforce its order against any
18		public official or employee so ordered or primarily responsible
19		for such noncompliance through the court's contempt powers.
20		(h) Except as to causes the court considers to be of
21		greater importance, proceedings arising under this Section
22		shall take precedence on the docket over all other causes and
23		be assigned for hearing and trial at the earliest practicable
24		date and expedited in every way.
25		(i) If a person seeking the right to inspect or receive a
26		copy of a public record prevails in a proceeding under this

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1		Section, the court shall award such person reasonable
2		attorney's attorneys' fees and costs. In determining what
3		amount of attorney's fees is reasonable, the court shall
4		consider the degree to which the relief obtained relates to the
5		relief sought. The changes contained in this subsection apply
6		to an action filed on or after January 1, 2010 (the effective
7		date of Public Act 96-542) this amendatory Act of the 96th
8		General Assembly.
9		(j) If the court determines that a public body willfully
10		and intentionally failed to comply with this Act, or otherwise
11		acted in bad faith, the court shall also impose upon the public
12		body a civil penalty of not less than $2,500 nor more than
13		$5,000 for each occurrence. In assessing the civil penalty, the
14		court shall consider in aggravation or mitigation the budget of
15		the public body and whether the public body has previously been
16		assessed penalties for violations of this Act. The changes
17		contained in this subsection apply to an action filed on or
18		after January 1, 2010 (the effective date of Public Act 96-542)
19		this amendatory Act of the 96th General Assembly.
20		(Source: P.A. 96-542, eff. 1-1-10; 97-813, eff. 7-13-12;
21		revised 10-14-15.)
22		Section 25. The State Records Act is amended by changing
23		Section 9 as follows:
24		(5 ILCS 160/9) (from Ch. 116, par. 43.12)

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1		Sec. 9. The head of each agency shall establish, and
2		maintain an active, continuing program for the economical and
3		efficient management of the records of the agency.
4		Such program:
5		(1) shall provide for effective controls over the
6		creation, maintenance, and use of records in the conduct of
7		current business and shall ensure that agency electronic
8		records, as specified in Section 5-135 of the Electronic
9		Commerce Security Act, are retained in a trustworthy manner
10		so that the records, and the information contained in the
11		records, are accessible and usable for reference for the
12		duration of the retention period; all computer tape or disk
13		maintenance and preservation procedures must be fully
14		applied and, if equipment or programs providing access to
15		the records are updated or replaced, the existing data must
16		remain accessible in the successor format for the duration
17		of the approved retention period;
18		(2) shall provide for cooperation with the Secretary in
19		appointing a records officer and in applying standards,
20		procedures, and techniques to improve the management of
21		records, promote the maintenance and security of records
22		deemed appropriate for preservation, and facilitate the
23		segregation and disposal of records of temporary value; and
24		(3) shall provide for compliance with the provisions of
25		this Act and the rules and regulations issued thereunder.
26		If an agency has delegated its authority to retain records

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1		to another agency, then the delegate agency shall maintain the
2		same, or a more diligent, record retention methodology and
3		record retention period as the original agency's program. If
4		the delegate is from the legislative or judicial branch, then
5		the delegate may use the same record retention methodology and
6		record retention period that the delegate uses for similar
7		records.
8		(Source: P.A. 97-932, eff. 8-10-12; revised 10-13-15.)
9		Section 30. The Filing of Copies Act is amended by changing
10		Section 2 as follows:
11		(5 ILCS 165/2) (from Ch. 116, par. 102)
12		Sec. 2. In order to be acceptable for filing, reproduced
13		copies shall conform to the following standards:
14		(a) be Be facsimiles of the official form, produced by
15		photo-offset, photoengraving, photocopying, or other
16		similar reproduction process;
17		(b) be Be on paper of substantially the same weight and
18		texture and of a quality at least as good as that used in
19		the official form;
20		(c) substantially Substantially duplicate the colors
21		of the official form;
22		(d) have Have a high degree of legibility, both as to
23		the original form and as to matter filled in; the . The
24		agency with which a report is required to be filed may

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1		reject any illegible reproduction and reject any process
2		which fails to meet this standard;
3		(e) be Be on paper perforated in the same manner as the
4		official form; and
5		(f) be Be of the same size as the official form, both
6		as to the dimensions of the paper and the image produced.
7		(Source: Laws 1961, p. 2551; revised 10-13-15.)
8		Section 35. The Intergovernmental Cooperation Act is
9		amended by changing Section 3.5 as follows:
10		(5 ILCS 220/3.5) (from Ch. 127, par. 743.5)
11		Sec. 3.5. Any expenditure of funds by a public agency
12		organized pursuant to an intergovernmental agreement in
13		accordance with the provisions of this Act and consisting of 5
14		public agencies or less, except for an intergovernmental risk
15		management association, self-insurance pool or
16		self-administered health and accident cooperative or pool,
17		shall be in accordance with the Illinois Purchasing Act if the
18		State is a party to the agreement, and shall be in accordance
19		with any law or ordinance applicable to the public agency with
20		the largest population which is a party to the agreement if the
21		State is not a party to the agreement. If the State is not a
22		party to the agreement and there is no such applicable law or
23		ordinance, all purchases shall be subject to the provisions of
24		the Governmental Joint Purchasing Act "An Act authorizing

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1		certain governmental units to purchase personal property,
2		supplies and services jointly", approved August 15, 1961, as
3		amended. Such self-insurance or insurance pools may enter into
4		reinsurance agreements for the protection of their members.
5		(Source: P.A. 84-1431; revised 10-13-15.)
6		Section 40. The Election Code is amended by changing
7		Sections 10-10, 11-6, and 19-12.1 as follows:
8		(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
9		Sec. 10-10. Within 24 hours after the receipt of the
10		certificate of nomination or nomination papers or proposed
11		question of public policy, as the case may be, and the
12		objector's petition, the chairman of the electoral board other
13		than the State Board of Elections shall send a call by
14		registered or certified mail to each of the members of the
15		electoral board, and to the objector who filed the objector's
16		petition, and either to the candidate whose certificate of
17		nomination or nomination papers are objected to or to the
18		principal proponent or attorney for proponents of a question of
19		public policy, as the case may be, whose petitions are objected
20		to, and shall also cause the sheriff of the county or counties
21		in which such officers and persons reside to serve a copy of
22		such call upon each of such officers and persons, which call
23		shall set out the fact that the electoral board is required to
24		meet to hear and pass upon the objections to nominations made

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1		for the office, designating it, and shall state the day, hour
2		and place at which the electoral board shall meet for the
3		purpose, which place shall be in the county court house in the
4		county in the case of the County Officers Electoral Board, the
5		Municipal Officers Electoral Board, the Township Officers
6		Electoral Board or the Education Officers Electoral Board,
7		except that the Municipal Officers Electoral Board, the
8		Township Officers Electoral Board, and the Education Officers
9		Electoral Board may meet at the location where the governing
10		body of the municipality, township, or community college
11		district, respectively, holds its regularly scheduled
12		meetings, if that location is available; provided that voter
13		records may be removed from the offices of an election
14		authority only at the discretion and under the supervision of
15		the election authority. In those cases where the State Board of
16		Elections is the electoral board designated under Section 10-9,
17		the chairman of the State Board of Elections shall, within 24
18		hours after the receipt of the certificate of nomination or
19		nomination papers or petitions for a proposed amendment to
20		Article IV of the Constitution or proposed statewide question
21		of public policy, send a call by registered or certified mail
22		to the objector who files the objector's petition, and either
23		to the candidate whose certificate of nomination or nomination
24		papers are objected to or to the principal proponent or
25		attorney for proponents of the proposed Constitutional
26		amendment or statewide question of public policy and shall

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1		state the day, hour, and place at which the electoral board
2		shall meet for the purpose, which place may be in the Capitol
3		Building or in the principal or permanent branch office of the
4		State Board. The day of the meeting shall not be less than 3
5		nor more than 5 days after the receipt of the certificate of
6		nomination or nomination papers and the objector's petition by
7		the chairman of the electoral board.
8		The electoral board shall have the power to administer
9		oaths and to subpoena and examine witnesses and, at the request
10		of either party and only upon a vote by a majority of its
11		members, may authorize the chairman to issue subpoenas
12		requiring the attendance of witnesses and subpoenas duces tecum
13		requiring the production of such books, papers, records and
14		documents as may be evidence of any matter under inquiry before
15		the electoral board, in the same manner as witnesses are
16		subpoenaed in the Circuit Court.
17		Service of such subpoenas shall be made by any sheriff or
18		other person in the same manner as in cases in such court and
19		the fees of such sheriff shall be the same as is provided by
20		law, and shall be paid by the objector or candidate who causes
21		the issuance of the subpoena. In case any person so served
22		shall knowingly neglect or refuse to obey any such subpoena, or
23		to testify, the electoral board shall at once file a petition
24		in the circuit court of the county in which such hearing is to
25		be heard, or has been attempted to be heard, setting forth the
26		facts, of such knowing refusal or neglect, and accompanying the

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1		petition with a copy of the citation and the answer, if one has
2		been filed, together with a copy of the subpoena and the return
3		of service thereon, and shall apply for an order of court
4		requiring such person to attend and testify, and forthwith
5		produce books and papers, before the electoral board. Any
6		circuit court of the state, excluding the judge who is sitting
7		on the electoral board, upon such showing shall order such
8		person to appear and testify, and to forthwith produce such
9		books and papers, before the electoral board at a place to be
10		fixed by the court. If such person shall knowingly fail or
11		refuse to obey such order of the court without lawful excuse,
12		the court shall punish him or her by fine and imprisonment, as
13		the nature of the case may require and may be lawful in cases
14		of contempt of court.
15		The electoral board on the first day of its meeting shall
16		adopt rules of procedure for the introduction of evidence and
17		the presentation of arguments and may, in its discretion,
18		provide for the filing of briefs by the parties to the
19		objection or by other interested persons.
20		In the event of a State Electoral Board hearing on
21		objections to a petition for an amendment to Article IV of the
22		Constitution pursuant to Section 3 of Article XIV of the
23		Constitution, or to a petition for a question of public policy
24		to be submitted to the voters of the entire State, the
25		certificates of the county clerks and boards of election
26		commissioners showing the results of the random sample of

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1		signatures on the petition shall be prima facie valid and
2		accurate, and shall be presumed to establish the number of
3		valid and invalid signatures on the petition sheets reviewed in
4		the random sample, as prescribed in Section 28-11 and 28-12 of
5		this Code. Either party, however, may introduce evidence at
6		such hearing to dispute the findings as to particular
7		signatures. In addition to the foregoing, in the absence of
8		competent evidence presented at such hearing by a party
9		substantially challenging the results of a random sample, or
10		showing a different result obtained by an additional sample,
11		this certificate of a county clerk or board of election
12		commissioners shall be presumed to establish the ratio of valid
13		to invalid signatures within the particular election
14		jurisdiction.
15		The electoral board shall take up the question as to
16		whether or not the certificate of nomination or nomination
17		papers or petitions are in proper form, and whether or not they
18		were filed within the time and under the conditions required by
19		law, and whether or not they are the genuine certificate of
20		nomination or nomination papers or petitions which they purport
21		to be, and whether or not in the case of the certificate of
22		nomination in question it represents accurately the decision of
23		the caucus or convention issuing it, and in general shall
24		decide whether or not the certificate of nomination or
25		nominating papers or petitions on file are valid or whether the
26		objections thereto should be sustained and the decision of a

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1		majority of the electoral board shall be final subject to
2		judicial review as provided in Section 10-10.1. The electoral
3		board must state its findings in writing and must state in
4		writing which objections, if any, it has sustained. A copy of
5		the decision shall be served upon the parties to the
6		proceedings in open proceedings before the electoral board. If
7		a party does not appear for receipt of the decision, the
8		decision shall be deemed to have been served on the absent
9		party on the date when a copy of the decision is personally
10		delivered or on the date when a copy of the decision is
11		deposited in the United Unites States mail, in a sealed
12		envelope or package, with postage prepaid, addressed to each
13		party affected by the decision or to such party's attorney of
14		record, if any, at the address on record for such person in the
15		files of the electoral board.
16		Upon the expiration of the period within which a proceeding
17		for judicial review must be commenced under Section 10-10.1,
18		the electoral board shall, unless a proceeding for judicial
19		review has been commenced within such period, transmit, by
20		registered or certified mail, a certified copy of its ruling,
21		together with the original certificate of nomination or
22		nomination papers or petitions and the original objector's
23		petition, to the officer or board with whom the certificate of
24		nomination or nomination papers or petitions, as objected to,
25		were on file, and such officer or board shall abide by and
26		comply with the ruling so made to all intents and purposes.

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1		(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 99-78,
2		eff. 7-20-15; revised 10-14-15.)
3		(10 ILCS 5/11-6) (from Ch. 46, par. 11-6)
4		Sec. 11-6. Within 60 days after July 1, 2014 (the effective
5		date of Public Act 98-691) this amendatory Act of the 98th
6		General Assembly, each election authority shall transmit to the
7		principal office of the State Board of Elections and publish on
8		any website maintained by the election authority maps in
9		electronic portable document format (PDF) (.PDF) showing the
10		current boundaries of all the precincts within its
11		jurisdiction. Whenever election precincts in an election
12		jurisdiction have been redivided or readjusted, the county
13		board or board of election commissioners shall prepare maps in
14		electronic portable document format (PDF) (.PDF) showing such
15		election precinct boundaries no later than 90 days before the
16		next scheduled election. The maps shall show the boundaries of
17		all political subdivisions and districts. The county board or
18		board of election commissioners shall immediately forward
19		copies thereof to the chairman of each county central committee
20		in the county, to each township, ward, or precinct
21		committeeman, and each local election official whose political
22		subdivision is wholly or partly in the county and, upon
23		request, shall furnish copies thereof to each candidate for
24		political or public office in the county and shall transmit
25		copies thereof to the principal office of the State Board of

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1		Elections and publish copies thereof on any website maintained
2		by the election authority.
3		(Source: P.A. 98-691, eff. 7-1-14; revised 10-14-15.)
4		(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
5		Sec. 19-12.1. Any qualified elector who has secured an
6		Illinois Person with a Disability Identification Card in
7		accordance with the Illinois Identification Card Act,
8		indicating that the person named thereon has a Class 1A or
9		Class 2 disability or any qualified voter who has a permanent
10		physical incapacity of such a nature as to make it improbable
11		that he will be able to be present at the polls at any future
12		election, or any voter who is a resident of (i) a federally
13		operated veterans' home, hospital, or facility located in
14		Illinois or (ii) a facility licensed or certified pursuant to
15		the Nursing Home Care Act, the Specialized Mental Health
16		Rehabilitation Act of 2013, the ID/DD Community Care Act, or
17		the MC/DD Act and has a condition or disability of such a
18		nature as to make it improbable that he will be able to be
19		present at the polls at any future election, may secure a
20		voter's identification card for persons with disabilities or a
21		nursing home resident's identification card, which will enable
22		him to vote under this Article as a physically incapacitated or
23		nursing home voter. For the purposes of this Section,
24		"federally operated veterans' home, hospital, or facility"
25		means the long-term care facilities at the Jesse Brown VA

HB5540 Enrolled - 54 - LRB099 16003 AMC 40320 b
1		Medical Center, Illiana Health Care System, Edward Hines, Jr.
2		VA Hospital, Marion VA Medical Center, and Captain James A.
3		Lovell Federal Health Care Center.
4		Application for a voter's identification card for persons
5		with disabilities or a nursing home resident's identification
6		card shall be made either: (a) in writing, with voter's sworn
7		affidavit, to the county clerk or board of election
8		commissioners, as the case may be, and shall be accompanied by
9		the affidavit of the attending physician specifically
10		describing the nature of the physical incapacity or the fact
11		that the voter is a nursing home resident and is physically
12		unable to be present at the polls on election days; or (b) by
13		presenting, in writing or otherwise, to the county clerk or
14		board of election commissioners, as the case may be, proof that
15		the applicant has secured an Illinois Person with a Disability
16		Identification Card indicating that the person named thereon
17		has a Class 1A or Class 2 disability. Upon the receipt of
18		either the sworn-to application and the physician's affidavit
19		or proof that the applicant has secured an Illinois Person with
20		a Disability Identification Card indicating that the person
21		named thereon has a Class 1A or Class 2 disability, the county
22		clerk or board of election commissioners shall issue a voter's
23		identification card for persons with disabilities or a nursing
24		home resident's identification card. Such identification cards
25		shall be issued for a period of 5 years, upon the expiration of
26		which time the voter may secure a new card by making

HB5540 Enrolled - 55 - LRB099 16003 AMC 40320 b
1		application in the same manner as is prescribed for the
2		issuance of an original card, accompanied by a new affidavit of
3		the attending physician. The date of expiration of such
4		five-year period shall be made known to any interested person
5		by the election authority upon the request of such person.
6		Applications for the renewal of the identification cards shall
7		be mailed to the voters holding such cards not less than 3
8		months prior to the date of expiration of the cards.
9		Each voter's identification card for persons with
10		disabilities or nursing home resident's identification card
11		shall bear an identification number, which shall be clearly
12		noted on the voter's original and duplicate registration record
13		cards. In the event the holder becomes physically capable of
14		resuming normal voting, he must surrender his voter's
15		identification card for persons with disabilities or nursing
16		home resident's identification card to the county clerk or
17		board of election commissioners before the next election.
18		The holder of a voter's identification card for persons
19		with disabilities or a nursing home resident's identification
20		card may make application by mail for an official ballot within
21		the time prescribed by Section 19-2. Such application shall
22		contain the same information as is included in the form of
23		application for ballot by a physically incapacitated elector
24		prescribed in Section 19-3 except that it shall also include
25		the applicant's voter's identification card for persons with
26		disabilities card number and except that it need not be sworn

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1		to. If an examination of the records discloses that the
2		applicant is lawfully entitled to vote, he shall be mailed a
3		ballot as provided in Section 19-4. The ballot envelope shall
4		be the same as that prescribed in Section 19-5 for voters with
5		physical disabilities, and the manner of voting and returning
6		the ballot shall be the same as that provided in this Article
7		for other vote by mail ballots, except that a statement to be
8		subscribed to by the voter but which need not be sworn to shall
9		be placed on the ballot envelope in lieu of the affidavit
10		prescribed by Section 19-5.
11		Any person who knowingly subscribes to a false statement in
12		connection with voting under this Section shall be guilty of a
13		Class A misdemeanor.
14		For the purposes of this Section, "nursing home resident"
15		includes a resident of (i) a federally operated veterans' home,
16		hospital, or facility located in Illinois or (ii) a facility
17		licensed under the ID/DD Community Care Act, the MC/DD Act, or
18		the Specialized Mental Health Rehabilitation Act of 2013. For
19		the purposes of this Section, "federally operated veterans'
20		home, hospital, or facility" means the long-term care
21		facilities at the Jesse Brown VA Medical Center, Illiana Health
22		Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
23		Center, and Captain James A. Lovell Federal Health Care Center.
24		(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
25		99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)

HB5540 Enrolled - 57 - LRB099 16003 AMC 40320 b
1		Section 45. The Secretary of State Merit Employment Code is
2		amended by changing Section 10a as follows:
3		(15 ILCS 310/10a) (from Ch. 124, par. 110a)
4		Sec. 10a. Jurisdiction A - classification and pay. For
5		positions in the Office of the Secretary of State with respect
6		to the classification and pay:
7		(1) For the preparation, maintenance, and revision by
8		the Director, subject to approval by the Commission, of a
9		position classification plan for all positions subject to
10		this Act, based upon similarity of duties performed,
11		responsibilities assigned, and conditions of employment so
12		that the same schedule of pay may be equitably applied to
13		all positions in the same class. Unless the Commission
14		disapproves such classification plan or any revision
15		thereof within 30 calendar days, the Director shall
16		allocate every such position to one of the classes in the
17		plan. Any employee affected by the allocation of a position
18		to a class shall after filing with the Director of
19		Personnel within 30 calendar days of the allocation a
20		request for reconsideration thereof in such manner and form
21		as the Director may prescribe, be given a reasonable
22		opportunity to be heard by the Director. If the employee
23		does not accept the decision of the Director he may, within
24		15 calendar days after receipt of the reconsidered
25		decision, appeal to the Merit Commission.

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1		(2) For a pay plan to be prepared by the Director for
2		all employees subject to this Act. Such pay plan may
3		include provisions for uniformity of starting pay, an
4		increment plan, area differentials, a delay not to exceed
5		one year in the reduction of the pay of employees whose
6		positions are reduced in rank or grade by reallocation
7		because of a loss of duties or responsibilities after their
8		appointments to such positions, prevailing rates of wages
9		in those classifications in which employers are now paying
10		or may hereafter pay such rates of wage and other
11		provisions. Such pay plan shall become effective only after
12		it has been approved by the Secretary of State. Amendments
13		to the pay plan will be made in the same manner. Such pay
14		plan shall provide that each employee shall be paid at one
15		of the rates set forth in the pay plan for the class of
16		position in which he is employed. Such pay plan shall
17		provide for a fair and reasonable compensation for far
18		services rendered.
19		(Source: P.A. 80-13; revised 10-13-15.)
20		Section 50. The Illinois Identification Card Act is amended
21		by changing Sections 2, 4, and 14C as follows:
22		(15 ILCS 335/2) (from Ch. 124, par. 22)
23		Sec. 2. Administration and powers and duties of the
24		Administrator.

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1		(a) The Secretary of State is the Administrator of this
2		Act, and he is charged with the duty of observing,
3		administering and enforcing the provisions of this Act.
4		(b) The Secretary is vested with the powers and duties for
5		the proper administration of this Act as follows:
6		1. He shall organize the administration of this Act as
7		he may deem necessary and appoint such subordinate
8		officers, clerks and other employees as may be necessary.
9		2. From time to time, he may make, amend or rescind
10		rules and regulations as may be in the public interest to
11		implement the Act.
12		3. He may prescribe or provide suitable forms as
13		necessary, including such forms as are necessary to
14		establish that an applicant for an Illinois Person with a
15		Disability Identification Card is a "person with a
16		disability" as defined in Section 4A of this Act, and
17		establish that an applicant for a State identification card
18		is a "homeless person" as defined in Section 1A of this
19		Act.
20		4. He may prepare under the seal of the Secretary of
21		State certified copies of any records utilized under this
22		Act and any such certified copy shall be admissible in any
23		proceeding in any court in like manner as the original
24		thereof.
25		5. Records compiled under this Act shall be maintained
26		for 6 years, but the Secretary may destroy such records

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1		with the prior approval of the State Records Commission.
2		6. He shall examine and determine the genuineness,
3		regularity and legality of every application filed with him
4		under this Act, and he may in all cases investigate the
5		same, require additional information or proof or
6		documentation from any applicant.
7		7. He shall require the payment of all fees prescribed
8		in this Act, and all such fees received by him shall be
9		placed in the Road Fund of the State treasury except as
10		otherwise provided in Section 12 of this Act. Whenever any
11		application to the Secretary for an identification card
12		under this Act is accompanied by any fee, as required by
13		law, and the application is denied after a review of
14		eligibility, which may include facial recognition
15		comparison, the applicant shall not be entitled to a refund
16		of any fees paid.
17		(Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
18		revised 10-14-15.)
19		(15 ILCS 335/4) (from Ch. 124, par. 24)
20		Sec. 4. Identification Card.
21		(a) The Secretary of State shall issue a standard Illinois
22		Identification Card to any natural person who is a resident of
23		the State of Illinois who applies for such card, or renewal
24		thereof, or who applies for a standard Illinois Identification
25		Card upon release as a committed person on parole, mandatory

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1		supervised release, aftercare release, final discharge, or
2		pardon from the Department of Corrections or Department of
3		Juvenile Justice by submitting an identification card issued by
4		the Department of Corrections or Department of Juvenile Justice
5		under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
6		Corrections, together with the prescribed fees. No
7		identification card shall be issued to any person who holds a
8		valid foreign state identification card, license, or permit
9		unless the person first surrenders to the Secretary of State
10		the valid foreign state identification card, license, or
11		permit. The card shall be prepared and supplied by the
12		Secretary of State and shall include a photograph and signature
13		or mark of the applicant. However, the Secretary of State may
14		provide by rule for the issuance of Illinois Identification
15		Cards without photographs if the applicant has a bona fide
16		religious objection to being photographed or to the display of
17		his or her photograph. The Illinois Identification Card may be
18		used for identification purposes in any lawful situation only
19		by the person to whom it was issued. As used in this Act,
20		"photograph" means any color photograph or digitally produced
21		and captured image of an applicant for an identification card.
22		As used in this Act, "signature" means the name of a person as
23		written by that person and captured in a manner acceptable to
24		the Secretary of State.
25		(a-5) If an applicant for an identification card has a
26		current driver's license or instruction permit issued by the

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1		Secretary of State, the Secretary may require the applicant to
2		utilize the same residence address and name on the
3		identification card, driver's license, and instruction permit
4		records maintained by the Secretary. The Secretary may
5		promulgate rules to implement this provision.
6		(a-10) If the applicant is a judicial officer as defined in
7		Section 1-10 of the Judicial Privacy Act or a peace officer,
8		the applicant may elect to have his or her office or work
9		address listed on the card instead of the applicant's residence
10		or mailing address. The Secretary may promulgate rules to
11		implement this provision. For the purposes of this subsection
12		(a-10), "peace officer" means any person who by virtue of his
13		or her office or public employment is vested by law with a duty
14		to maintain public order or to make arrests for a violation of
15		any penal statute of this State, whether that duty extends to
16		all violations or is limited to specific violations.
17		(a-15) The Secretary of State may provide for an expedited
18		process for the issuance of an Illinois Identification Card.
19		The Secretary shall charge an additional fee for the expedited
20		issuance of an Illinois Identification Card, to be set by rule,
21		not to exceed $75. All fees collected by the Secretary for
22		expedited Illinois Identification Card service shall be
23		deposited into the Secretary of State Special Services Fund.
24		The Secretary may adopt rules regarding the eligibility,
25		process, and fee for an expedited Illinois Identification Card.
26		If the Secretary of State determines that the volume of

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1		expedited identification card requests received on a given day
2		exceeds the ability of the Secretary to process those requests
3		in an expedited manner, the Secretary may decline to provide
4		expedited services, and the additional fee for the expedited
5		service shall be refunded to the applicant.
6		(b) The Secretary of State shall issue a special Illinois
7		Identification Card, which shall be known as an Illinois Person
8		with a Disability Identification Card, to any natural person
9		who is a resident of the State of Illinois, who is a person
10		with a disability as defined in Section 4A of this Act, who
11		applies for such card, or renewal thereof. No Illinois Person
12		with a Disability Identification Card shall be issued to any
13		person who holds a valid foreign state identification card,
14		license, or permit unless the person first surrenders to the
15		Secretary of State the valid foreign state identification card,
16		license, or permit. The Secretary of State shall charge no fee
17		to issue such card. The card shall be prepared and supplied by
18		the Secretary of State, and shall include a photograph and
19		signature or mark of the applicant, a designation indicating
20		that the card is an Illinois Person with a Disability
21		Identification Card, and shall include a comprehensible
22		designation of the type and classification of the applicant's
23		disability as set out in Section 4A of this Act. However, the
24		Secretary of State may provide by rule for the issuance of
25		Illinois Person with a Disability Identification Cards without
26		photographs if the applicant has a bona fide religious

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1		objection to being photographed or to the display of his or her
2		photograph. If the applicant so requests, the card shall
3		include a description of the applicant's disability and any
4		information about the applicant's disability or medical
5		history which the Secretary determines would be helpful to the
6		applicant in securing emergency medical care. If a mark is used
7		in lieu of a signature, such mark shall be affixed to the card
8		in the presence of two witnesses who attest to the authenticity
9		of the mark. The Illinois Person with a Disability
10		Identification Card may be used for identification purposes in
11		any lawful situation by the person to whom it was issued.
12		The Illinois Person with a Disability Identification Card
13		may be used as adequate documentation of disability in lieu of
14		a physician's determination of disability, a determination of
15		disability from a physician assistant, a determination of
16		disability from an advanced practice nurse, or any other
17		documentation of disability whenever any State law requires
18		that a person with a disability provide such documentation of
19		disability, however an Illinois Person with a Disability
20		Identification Card shall not qualify the cardholder to
21		participate in any program or to receive any benefit which is
22		not available to all persons with like disabilities.
23		Notwithstanding any other provisions of law, an Illinois Person
24		with a Disability Identification Card, or evidence that the
25		Secretary of State has issued an Illinois Person with a
26		Disability Identification Card, shall not be used by any person

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1		other than the person named on such card to prove that the
2		person named on such card is a person with a disability or for
3		any other purpose unless the card is used for the benefit of
4		the person named on such card, and the person named on such
5		card consents to such use at the time the card is so used.
6		An optometrist's determination of a visual disability
7		under Section 4A of this Act is acceptable as documentation for
8		the purpose of issuing an Illinois Person with a Disability
9		Identification Card.
10		When medical information is contained on an Illinois Person
11		with a Disability Identification Card, the Office of the
12		Secretary of State shall not be liable for any actions taken
13		based upon that medical information.
14		(c) The Secretary of State shall provide that each original
15		or renewal Illinois Identification Card or Illinois Person with
16		a Disability Identification Card issued to a person under the
17		age of 21 shall be of a distinct nature from those Illinois
18		Identification Cards or Illinois Person with a Disability
19		Identification Cards issued to individuals 21 years of age or
20		older. The color designated for Illinois Identification Cards
21		or Illinois Person with a Disability Identification Cards for
22		persons under the age of 21 shall be at the discretion of the
23		Secretary of State.
24		(c-1) Each original or renewal Illinois Identification
25		Card or Illinois Person with a Disability Identification Card
26		issued to a person under the age of 21 shall display the date

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1		upon which the person becomes 18 years of age and the date upon
2		which the person becomes 21 years of age.
3		(c-3) The General Assembly recognizes the need to identify
4		military veterans living in this State for the purpose of
5		ensuring that they receive all of the services and benefits to
6		which they are legally entitled, including healthcare,
7		education assistance, and job placement. To assist the State in
8		identifying these veterans and delivering these vital services
9		and benefits, the Secretary of State is authorized to issue
10		Illinois Identification Cards and Illinois Person with a
11		Disability Identification Cards with the word "veteran"
12		appearing on the face of the cards. This authorization is
13		predicated on the unique status of veterans. The Secretary may
14		not issue any other identification card which identifies an
15		occupation, status, affiliation, hobby, or other unique
16		characteristics of the identification card holder which is
17		unrelated to the purpose of the identification card.
18		(c-5) Beginning on or before July 1, 2015, the Secretary of
19		State shall designate a space on each original or renewal
20		identification card where, at the request of the applicant, the
21		word "veteran" shall be placed. The veteran designation shall
22		be available to a person identified as a veteran under
23		subsection (b) of Section 5 of this Act who was discharged or
24		separated under honorable conditions.
25		(d) The Secretary of State may issue a Senior Citizen
26		discount card, to any natural person who is a resident of the

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1		State of Illinois who is 60 years of age or older and who
2		applies for such a card or renewal thereof. The Secretary of
3		State shall charge no fee to issue such card. The card shall be
4		issued in every county and applications shall be made available
5		at, but not limited to, nutrition sites, senior citizen centers
6		and Area Agencies on Aging. The applicant, upon receipt of such
7		card and prior to its use for any purpose, shall have affixed
8		thereon in the space provided therefor his signature or mark.
9		(e) The Secretary of State, in his or her discretion, may
10		designate on each Illinois Identification Card or Illinois
11		Person with a Disability Identification Card a space where the
12		card holder may place a sticker or decal, issued by the
13		Secretary of State, of uniform size as the Secretary may
14		specify, that shall indicate in appropriate language that the
15		card holder has renewed his or her Illinois Identification Card
16		or Illinois Person with a Disability Identification Card.
17		(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
18		98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
19		7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised
20		10-14-15.)
21		(15 ILCS 335/14C) (from Ch. 124, par. 34C)
22		Sec. 14C. Making false application or affidavit.
23		(a) It is a violation of this Section for any person:
24		1. To display or present any document for the purpose
25		of making application for an Illinois Identification Card

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1		or Illinois Person with a Disability Identification Card
2		knowing that such document contains false information
3		concerning the identity of the applicant;
4		2. To accept or allow to be accepted any document
5		displayed or presented for the purpose of making
6		application for an Illinois Identification Card or
7		Illinois Person with a Disability Identification Card
8		knowing that such document contains false information
9		concerning the identity identify of the applicant;
10		3. To knowingly make any false affidavit or swear or
11		affirm falsely to any matter or thing required by the terms
12		of this Act to be sworn to or affirmed.
13		(b) Sentence.
14		1. Any person convicted of a violation of this Section
15		shall be guilty of a Class 4 felony.
16		2. A person convicted of a second or subsequent
17		violation of this Section shall be guilty of a Class 3
18		felony.
19		(c) This Section does not prohibit any lawfully authorized
20		investigative, protective, law enforcement or other activity
21		of any agency of the United States, State of Illinois or any
22		other state or political subdivision thereof.
23		(d) The Secretary of State may confiscate any suspected
24		fraudulent, fictitious, or altered documents submitted by an
25		applicant in support of an application for an Illinois
26		Identification Card or Illinois Person with a Disability

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1		Identification Card.
2		(Source: P.A. 97-1064, eff. 1-1-13; revised 10-13-15.)
3		Section 55. The Alcoholism and Other Drug Abuse and
4		Dependency Act is amended by changing Section 5-23 as follows:
5		(20 ILCS 301/5-23)
6		Sec. 5-23. Drug Overdose Prevention Program.
7		(a) Reports of drug overdose.
8		(1) The Director of the Division of Alcoholism and
9		Substance Abuse shall publish annually a report on drug
10		overdose trends statewide that reviews State death rates
11		from available data to ascertain changes in the causes or
12		rates of fatal and nonfatal drug overdose. The report shall
13		also provide information on interventions that would be
14		effective in reducing the rate of fatal or nonfatal drug
15		overdose and shall include an analysis of drug overdose
16		information reported to the Department of Public Health
17		pursuant to subsection (e) of Section 3-3013 of the
18		Counties Code, Section 6.14g of the Hospital Licensing Act,
19		and subsection (j) of Section 22-30 of the School Code.
20		(2) The report may include:
21		(A) Trends in drug overdose death rates.
22		(B) Trends in emergency room utilization related
23		to drug overdose and the cost impact of emergency room
24		utilization.

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1		(C) Trends in utilization of pre-hospital and
2		emergency services and the cost impact of emergency
3		services utilization.
4		(D) Suggested improvements in data collection.
5		(E) A description of other interventions effective
6		in reducing the rate of fatal or nonfatal drug
7		overdose.
8		(F) A description of efforts undertaken to educate
9		the public about unused medication and about how to
10		properly dispose of unused medication, including the
11		number of registered collection receptacles in this
12		State, mail-back programs, and drug take-back events.
13		(b) Programs; drug overdose prevention.
14		(1) The Director may establish a program to provide for
15		the production and publication, in electronic and other
16		formats, of drug overdose prevention, recognition, and
17		response literature. The Director may develop and
18		disseminate curricula for use by professionals,
19		organizations, individuals, or committees interested in
20		the prevention of fatal and nonfatal drug overdose,
21		including, but not limited to, drug users, jail and prison
22		personnel, jail and prison inmates, drug treatment
23		professionals, emergency medical personnel, hospital
24		staff, families and associates of drug users, peace
25		officers, firefighters, public safety officers, needle
26		exchange program staff, and other persons. In addition to

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1		information regarding drug overdose prevention,
2		recognition, and response, literature produced by the
3		Department shall stress that drug use remains illegal and
4		highly dangerous and that complete abstinence from illegal
5		drug use is the healthiest choice. The literature shall
6		provide information and resources for substance abuse
7		treatment.
8		The Director may establish or authorize programs for
9		prescribing, dispensing, or distributing opioid
10		antagonists for the treatment of drug overdose. Such
11		programs may include the prescribing of opioid antagonists
12		for the treatment of drug overdose to a person who is not
13		at risk of opioid overdose but who, in the judgment of the
14		health care professional, may be in a position to assist
15		another individual during an opioid-related drug overdose
16		and who has received basic instruction on how to administer
17		an opioid antagonist.
18		(2) The Director may provide advice to State and local
19		officials on the growing drug overdose crisis, including
20		the prevalence of drug overdose incidents, programs
21		promoting the disposal of unused prescription drugs,
22		trends in drug overdose incidents, and solutions to the
23		drug overdose crisis.
24		(c) Grants.
25		(1) The Director may award grants, in accordance with
26		this subsection, to create or support local drug overdose

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1		prevention, recognition, and response projects. Local
2		health departments, correctional institutions, hospitals,
3		universities, community-based organizations, and
4		faith-based organizations may apply to the Department for a
5		grant under this subsection at the time and in the manner
6		the Director prescribes.
7		(2) In awarding grants, the Director shall consider the
8		necessity for overdose prevention projects in various
9		settings and shall encourage all grant applicants to
10		develop interventions that will be effective and viable in
11		their local areas.
12		(3) The Director shall give preference for grants to
13		proposals that, in addition to providing life-saving
14		interventions and responses, provide information to drug
15		users on how to access drug treatment or other strategies
16		for abstaining from illegal drugs. The Director shall give
17		preference to proposals that include one or more of the
18		following elements:
19		(A) Policies and projects to encourage persons,
20		including drug users, to call 911 when they witness a
21		potentially fatal drug overdose.
22		(B) Drug overdose prevention, recognition, and
23		response education projects in drug treatment centers,
24		outreach programs, and other organizations that work
25		with, or have access to, drug users and their families
26		and communities.

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1		(C) Drug overdose recognition and response
2		training, including rescue breathing, in drug
3		treatment centers and for other organizations that
4		work with, or have access to, drug users and their
5		families and communities.
6		(D) The production and distribution of targeted or
7		mass media materials on drug overdose prevention and
8		response, the potential dangers of keeping unused
9		prescription drugs in the home, and methods to properly
10		dispose of unused prescription drugs.
11		(E) Prescription and distribution of opioid
12		antagonists.
13		(F) The institution of education and training
14		projects on drug overdose response and treatment for
15		emergency services and law enforcement personnel.
16		(G) A system of parent, family, and survivor
17		education and mutual support groups.
18		(4) In addition to moneys appropriated by the General
19		Assembly, the Director may seek grants from private
20		foundations, the federal government, and other sources to
21		fund the grants under this Section and to fund an
22		evaluation of the programs supported by the grants.
23		(d) Health care professional prescription of opioid
24		antagonists.
25		(1) A health care professional who, acting in good
26		faith, directly or by standing order, prescribes or

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1		dispenses an opioid antagonist to: (a) a patient who, in
2		the judgment of the health care professional, is capable of
3		administering the drug in an emergency, or (b) a person who
4		is not at risk of opioid overdose but who, in the judgment
5		of the health care professional, may be in a position to
6		assist another individual during an opioid-related drug
7		overdose and who has received basic instruction on how to
8		administer an opioid antagonist shall not, as a result of
9		his or her acts or omissions, be subject to: (i) any
10		disciplinary or other adverse action under the Medical
11		Practice Act of 1987, the Physician Assistant Practice Act
12		of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
13		or any other professional licensing statute or (ii) any
14		criminal liability, except for willful and wanton
15		misconduct.
16		(2) A person who is not otherwise licensed to
17		administer an opioid antagonist may in an emergency
18		administer without fee an opioid antagonist if the person
19		has received the patient information specified in
20		paragraph (4) of this subsection and believes in good faith
21		that another person is experiencing a drug overdose. The
22		person shall not, as a result of his or her acts or
23		omissions, be (i) liable for any violation of the Medical
24		Practice Act of 1987, the Physician Assistant Practice Act
25		of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
26		or any other professional licensing statute, or (ii)

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1		subject to any criminal prosecution or civil liability,
2		except for willful and wanton misconduct.
3		(3) A health care professional prescribing an opioid
4		antagonist to a patient shall ensure that the patient
5		receives the patient information specified in paragraph
6		(4) of this subsection. Patient information may be provided
7		by the health care professional or a community-based
8		organization, substance abuse program, or other
9		organization with which the health care professional
10		establishes a written agreement that includes a
11		description of how the organization will provide patient
12		information, how employees or volunteers providing
13		information will be trained, and standards for documenting
14		the provision of patient information to patients.
15		Provision of patient information shall be documented in the
16		patient's medical record or through similar means as
17		determined by agreement between the health care
18		professional and the organization. The Director of the
19		Division of Alcoholism and Substance Abuse, in
20		consultation with statewide organizations representing
21		physicians, pharmacists, advanced practice nurses,
22		physician assistants, substance abuse programs, and other
23		interested groups, shall develop and disseminate to health
24		care professionals, community-based organizations,
25		substance abuse programs, and other organizations training
26		materials in video, electronic, or other formats to

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1		facilitate the provision of such patient information.
2		(4) For the purposes of this subsection:
3		"Opioid antagonist" means a drug that binds to opioid
4		receptors and blocks or inhibits the effect of opioids
5		acting on those receptors, including, but not limited to,
6		naloxone hydrochloride or any other similarly acting drug
7		approved by the U.S. Food and Drug Administration.
8		"Health care professional" means a physician licensed
9		to practice medicine in all its branches, a licensed
10		physician assistant prescriptive authority, a licensed
11		advanced practice nurse prescriptive authority, or an
12		advanced practice nurse or physician assistant who
13		practices in a hospital, hospital affiliate, or ambulatory
14		surgical treatment center and possesses appropriate
15		clinical privileges in accordance with the Nurse Practice
16		Act, or a pharmacist licensed to practice pharmacy under
17		the Pharmacy Practice Act.
18		"Patient" includes a person who is not at risk of
19		opioid overdose but who, in the judgment of the physician,
20		may be in a position to assist another individual during an
21		overdose and who has received patient information as
22		required in paragraph (2) of this subsection on the
23		indications for and administration of an opioid
24		antagonist.
25		"Patient information" includes information provided to
26		the patient on drug overdose prevention and recognition;

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1		how to perform rescue breathing and resuscitation; opioid
2		antagonist dosage and administration; the importance of
3		calling 911; care for the overdose victim after
4		administration of the overdose antagonist; and other
5		issues as necessary.
6		(e) Drug overdose response policy.
7		(1) Every State and local government agency that
8		employs a law enforcement officer or fireman as those terms
9		are defined in the Line of Duty Compensation Act must
10		possess opioid antagonists and must establish a policy to
11		control the acquisition, storage, transportation, and
12		administration of such opioid antagonists and to provide
13		training in the administration of opioid antagonists. A
14		State or local government agency that employs a fireman as
15		defined in the Line of Duty Compensation Act but does not
16		respond to emergency medical calls or provide medical
17		services shall be exempt from this subsection.
18		(2) Every publicly or privately owned ambulance,
19		special emergency medical services vehicle, non-transport
20		vehicle, or ambulance assist vehicle, as described in the
21		Emergency Medical Services (EMS) Systems Act, which
22		responds to requests for emergency services or transports
23		patients between hospitals in emergency situations must
24		possess opioid antagonists.
25		(3) Entities that are required under paragraphs (1) and
26		(2) to possess opioid antagonists may also apply to the

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1		Department for a grant to fund the acquisition of opioid
2		antagonists and training programs on the administration of
3		opioid antagonists.
4		(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
5		revised 10-19-15.)
6		Section 60. The Children and Family Services Act is amended
7		by changing Section 7 as follows:
8		(20 ILCS 505/7) (from Ch. 23, par. 5007)
9		Sec. 7. Placement of children; considerations.
10		(a) In placing any child under this Act, the Department
11		shall place the child, as far as possible, in the care and
12		custody of some individual holding the same religious belief as
13		the parents of the child, or with some child care facility
14		which is operated by persons of like religious faith as the
15		parents of such child.
16		(a-5) In placing a child under this Act, the Department
17		shall place the child with the child's sibling or siblings
18		under Section 7.4 of this Act unless the placement is not in
19		each child's best interest, or is otherwise not possible under
20		the Department's rules. If the child is not placed with a
21		sibling under the Department's rules, the Department shall
22		consider placements that are likely to develop, preserve,
23		nurture, and support sibling relationships, where doing so is
24		in each child's best interest.

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1		(b) In placing a child under this Act, the Department may
2		place a child with a relative if the Department determines that
3		the relative will be able to adequately provide for the child's
4		safety and welfare based on the factors set forth in the
5		Department's rules governing relative placements, and that the
6		placement is consistent with the child's best interests, taking
7		into consideration the factors set out in subsection (4.05) of
8		Section 1-3 of the Juvenile Court Act of 1987.
9		When the Department first assumes custody of a child, in
10		placing that child under this Act, the Department shall make
11		reasonable efforts to identify, locate, and provide notice to
12		all adult grandparents and other adult relatives of the child
13		who are ready, willing, and able to care for the child. At a
14		minimum, these efforts shall be renewed each time the child
15		requires a placement change and it is appropriate for the child
16		to be cared for in a home environment. The Department must
17		document its efforts to identify, locate, and provide notice to
18		such potential relative placements and maintain the
19		documentation in the child's case file.
20		If the Department determines that a placement with any
21		identified relative is not in the child's best interests or
22		that the relative does not meet the requirements to be a
23		relative caregiver, as set forth in Department rules or by
24		statute, the Department must document the basis for that
25		decision and maintain the documentation in the child's case
26		file.

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1		If, pursuant to the Department's rules, any person files an
2		administrative appeal of the Department's decision not to place
3		a child with a relative, it is the Department's burden to prove
4		that the decision is consistent with the child's best
5		interests.
6		When the Department determines that the child requires
7		placement in an environment, other than a home environment, the
8		Department shall continue to make reasonable efforts to
9		identify and locate relatives to serve as visitation resources
10		for the child and potential future placement resources, except
11		when the Department determines that those efforts would be
12		futile or inconsistent with the child's best interests.
13		If the Department determines that efforts to identify and
14		locate relatives would be futile or inconsistent with the
15		child's best interests, the Department shall document the basis
16		of its determination and maintain the documentation in the
17		child's case file.
18		If the Department determines that an individual or a group
19		of relatives are inappropriate to serve as visitation resources
20		or possible placement resources, the Department shall document
21		the basis of its determination and maintain the documentation
22		in the child's case file.
23		When the Department determines that an individual or a
24		group of relatives are appropriate to serve as visitation
25		resources or possible future placement resources, the
26		Department shall document the basis of its determination,

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1		maintain the documentation in the child's case file, create a
2		visitation or transition plan, or both, and incorporate the
3		visitation or transition plan, or both, into the child's case
4		plan. For the purpose of this subsection, any determination as
5		to the child's best interests shall include consideration of
6		the factors set out in subsection (4.05) of Section 1-3 of the
7		Juvenile Court Act of 1987.
8		The Department may not place a child with a relative, with
9		the exception of certain circumstances which may be waived as
10		defined by the Department in rules, if the results of a check
11		of the Law Enforcement Agencies Data System (LEADS) identifies
12		a prior criminal conviction of the relative or any adult member
13		of the relative's household for any of the following offenses
14		under the Criminal Code of 1961 or the Criminal Code of 2012:
15		(1) murder;
16		(1.1) solicitation of murder;
17		(1.2) solicitation of murder for hire;
18		(1.3) intentional homicide of an unborn child;
19		(1.4) voluntary manslaughter of an unborn child;
20		(1.5) involuntary manslaughter;
21		(1.6) reckless homicide;
22		(1.7) concealment of a homicidal death;
23		(1.8) involuntary manslaughter of an unborn child;
24		(1.9) reckless homicide of an unborn child;
25		(1.10) drug-induced homicide;
26		(2) a sex offense under Article 11, except offenses

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1		described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
2		11-40, and 11-45;
3		(3) kidnapping;
4		(3.1) aggravated unlawful restraint;
5		(3.2) forcible detention;
6		(3.3) aiding and abetting child abduction;
7		(4) aggravated kidnapping;
8		(5) child abduction;
9		(6) aggravated battery of a child as described in
10		Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
11		(7) criminal sexual assault;
12		(8) aggravated criminal sexual assault;
13		(8.1) predatory criminal sexual assault of a child;
14		(9) criminal sexual abuse;
15		(10) aggravated sexual abuse;
16		(11) heinous battery as described in Section 12-4.1 or
17		subdivision (a)(2) of Section 12-3.05;
18		(12) aggravated battery with a firearm as described in
19		Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
20		(e)(4) of Section 12-3.05;
21		(13) tampering with food, drugs, or cosmetics;
22		(14) drug-induced infliction of great bodily harm as
23		described in Section 12-4.7 or subdivision (g)(1) of
24		Section 12-3.05;
25		(15) aggravated stalking;
26		(16) home invasion;

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1		(17) vehicular invasion;
2		(18) criminal transmission of HIV;
3		(19) criminal abuse or neglect of an elderly person or
4		person with a disability as described in Section 12-21 or
5		subsection (b) of Section 12-4.4a;
6		(20) child abandonment;
7		(21) endangering the life or health of a child;
8		(22) ritual mutilation;
9		(23) ritualized abuse of a child;
10		(24) an offense in any other state the elements of
11		which are similar and bear a substantial relationship to
12		any of the foregoing offenses.
13		For the purpose of this subsection, "relative" shall
14		include any person, 21 years of age or over, other than the
15		parent, who (i) is currently related to the child in any of the
16		following ways by blood or adoption: grandparent, sibling,
17		great-grandparent, uncle, aunt, nephew, niece, first cousin,
18		second cousin, godparent, great-uncle, or great-aunt; or (ii)
19		is the spouse of such a relative; or (iii) is the child's
20		step-father, step-mother, or adult step-brother or
21		step-sister; or (iv) is a fictive kin; "relative" also includes
22		a person related in any of the foregoing ways to a sibling of a
23		child, even though the person is not related to the child, when
24		the child and its sibling are placed together with that person.
25		For children who have been in the guardianship of the
26		Department, have been adopted, and are subsequently returned to

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1		the temporary custody or guardianship of the Department, a
2		"relative" may also include any person who would have qualified
3		as a relative under this paragraph prior to the adoption, but
4		only if the Department determines, and documents, that it would
5		be in the child's best interests to consider this person a
6		relative, based upon the factors for determining best interests
7		set forth in subsection (4.05) of Section 1-3 of the Juvenile
8		Court Act of 1987. A relative with whom a child is placed
9		pursuant to this subsection may, but is not required to, apply
10		for licensure as a foster family home pursuant to the Child
11		Care Act of 1969; provided, however, that as of July 1, 1995,
12		foster care payments shall be made only to licensed foster
13		family homes pursuant to the terms of Section 5 of this Act.
14		Notwithstanding any other provision under this subsection
15		to the contrary, a fictive kin with whom a child is placed
16		pursuant to this subsection shall apply for licensure as a
17		foster family home pursuant to the Child Care Act of 1969
18		within 6 months of the child's placement with the fictive kin.
19		The Department shall not remove a child from the home of a
20		fictive kin on the basis that the fictive kin fails to apply
21		for licensure within 6 months of the child's placement with the
22		fictive kin, or fails to meet the standard for licensure. All
23		other requirements established under the rules and procedures
24		of the Department concerning the placement of a child, for whom
25		the Department is legally responsible, with a relative shall
26		apply. By June 1, 2015, the Department shall promulgate rules

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1		establishing criteria and standards for placement,
2		identification, and licensure of fictive kin.
3		For purposes of this subsection, "fictive kin" means any
4		individual, unrelated by birth or marriage, who is shown to
5		have close personal or emotional ties with the child or the
6		child's family prior to the child's placement with the
7		individual.
8		The provisions added to this subsection (b) by Public Act
9		98-846 this amendatory Act of the 98th General Assembly shall
10		become operative on and after June 1, 2015.
11		(c) In placing a child under this Act, the Department shall
12		ensure that the child's health, safety, and best interests are
13		met. In rejecting placement of a child with an identified
14		relative, the Department shall ensure that the child's health,
15		safety, and best interests are met. In evaluating the best
16		interests of the child, the Department shall take into
17		consideration the factors set forth in subsection (4.05) of
18		Section 1-3 of the Juvenile Court Act of 1987.
19		The Department shall consider the individual needs of the
20		child and the capacity of the prospective foster or adoptive
21		parents to meet the needs of the child. When a child must be
22		placed outside his or her home and cannot be immediately
23		returned to his or her parents or guardian, a comprehensive,
24		individualized assessment shall be performed of that child at
25		which time the needs of the child shall be determined. Only if
26		race, color, or national origin is identified as a legitimate

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1		factor in advancing the child's best interests shall it be
2		considered. Race, color, or national origin shall not be
3		routinely considered in making a placement decision. The
4		Department shall make special efforts for the diligent
5		recruitment of potential foster and adoptive families that
6		reflect the ethnic and racial diversity of the children for
7		whom foster and adoptive homes are needed. "Special efforts"
8		shall include contacting and working with community
9		organizations and religious organizations and may include
10		contracting with those organizations, utilizing local media
11		and other local resources, and conducting outreach activities.
12		(c-1) At the time of placement, the Department shall
13		consider concurrent planning, as described in subsection (l-1)
14		of Section 5, so that permanency may occur at the earliest
15		opportunity. Consideration should be given so that if
16		reunification fails or is delayed, the placement made is the
17		best available placement to provide permanency for the child.
18		(d) The Department may accept gifts, grants, offers of
19		services, and other contributions to use in making special
20		recruitment efforts.
21		(e) The Department in placing children in adoptive or
22		foster care homes may not, in any policy or practice relating
23		to the placement of children for adoption or foster care,
24		discriminate against any child or prospective adoptive or
25		foster parent on the basis of race.
26		(Source: P.A. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15;

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1		99-340, eff. 1-1-16; revised 10-19-15.)
2		Section 65. The Department of Commerce and Economic
3		Opportunity Law of the Civil Administrative Code of Illinois is
4		amended by changing Section 605-817 as follows:
5		(20 ILCS 605/605-817) (was 20 ILCS 605/46.19k)
6		Sec. 605-817. Family loan program.
7		(a) From amounts appropriated for such purpose, the
8		Department in consultation with the Department of Human
9		Services shall solicit proposals to establish programs to be
10		known as family loan programs. Such programs shall provide
11		small, no-interest loans to custodial parents with income below
12		200% of the federal poverty level and an who are working or
13		enrolled in a post-secondary education program, to aid in
14		covering the costs of unexpected expenses that could interfere
15		with their ability to maintain employment or continue
16		education. Loans awarded through a family loan program may be
17		paid directly to a third party on behalf of a loan recipient
18		and in either case shall not constitute income or resources for
19		the purposes of public assistance and care so long as the funds
20		are used for the intended purpose.
21		(b) The Director shall enter into written agreements with
22		not-for-profit organizations or local government agencies to
23		administer loan pools. Agreements shall be entered into with no
24		more than 4 organizations or agencies, no more than one of

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1		which shall be located in the city of Chicago.
2		(c) Program sites shall be approved based on the
3		demonstrated ability of the organization or governmental
4		agency to secure funding from private or public sources
5		sufficient to establish a loan pool to be maintained through
6		repayment agreements entered into by eligible low-income
7		families. Funds awarded by the Department to approved program
8		sites shall be used for the express purposes of covering
9		staffing and administration costs associated with
10		administering the loan pool.
11		(Source: P.A. 91-372, eff. 1-1-00; 92-16, eff. 6-28-01; revised
12		10-19-15.)
13		Section 70. The Department of Natural Resources
14		(Conservation) Law of the Civil Administrative Code of Illinois
15		is amended by changing Section 805-305 as follows:
16		(20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
17		Sec. 805-305. Campsites and housing facilities. The
18		Department has the power to provide facilities for overnight
19		tent and trailer campsites camp sites and to provide suitable
20		housing facilities for student and juvenile overnight camping
21		groups. The Department of Natural Resources may regulate, by
22		administrative order, the fees to be charged for tent and
23		trailer camping units at individual park areas based upon the
24		facilities available. However, for campsites with access to

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1		showers or electricity, any Illinois resident who is age 62 or
2		older or has a Class 2 disability as defined in Section 4A of
3		the Illinois Identification Card Act shall be charged only
4		one-half of the camping fee charged to the general public
5		during the period Monday through Thursday of any week and shall
6		be charged the same camping fee as the general public on all
7		other days. For campsites without access to showers or
8		electricity, no camping fee authorized by this Section shall be
9		charged to any resident of Illinois who has a Class 2
10		disability as defined in Section 4A of the Illinois
11		Identification Card Act. For campsites without access to
12		showers or electricity, no camping fee authorized by this
13		Section shall be charged to any resident of Illinois who is age
14		62 or older for the use of a campsite camp site unit during the
15		period Monday through Thursday of any week. No camping fee
16		authorized by this Section shall be charged to any resident of
17		Illinois who is a veteran with a disability or a former
18		prisoner of war, as defined in Section 5 of the Department of
19		Veterans Affairs Act. No camping fee authorized by this Section
20		shall be charged to any resident of Illinois after returning
21		from service abroad or mobilization by the President of the
22		United States as an active duty member of the United States
23		Armed Forces, the Illinois National Guard, or the Reserves of
24		the United States Armed Forces for the amount of time that the
25		active duty member spent in service abroad or mobilized if the
26		person (i) applies for a pass at the Department office in

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1		Springfield within 2 years after returning and provides
2		acceptable verification of service or mobilization to the
3		Department or (ii) applies for a pass at a Regional Office of
4		the Department within 2 years after returning and provides
5		acceptable verification of service or mobilization to the
6		Department; any portion of a year that the active duty member
7		spent in service abroad or mobilized shall count as a full
8		year. Nonresidents shall be charged the same fees as are
9		authorized for the general public regardless of age. The
10		Department shall provide by regulation for suitable proof of
11		age, or either a valid driver's license or a "Golden Age
12		Passport" issued by the federal government shall be acceptable
13		as proof of age. The Department shall further provide by
14		regulation that notice of these reduced admission fees be
15		posted in a conspicuous place and manner.
16		Reduced fees authorized in this Section shall not apply to
17		any charge for utility service.
18		For the purposes of this Section, "acceptable verification
19		of service or mobilization" means official documentation from
20		the Department of Defense or the appropriate Major Command
21		showing mobilization dates or service abroad dates, including:
22		(i) a DD-214, (ii) a letter from the Illinois Department of
23		Military Affairs for members of the Illinois National Guard,
24		(iii) a letter from the Regional Reserve Command for members of
25		the Armed Forces Reserve, (iv) a letter from the Major Command
26		covering Illinois for active duty members, (v) personnel

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1		records for mobilized State employees, and (vi) any other
2		documentation that the Department, by administrative rule,
3		deems acceptable to establish dates of mobilization or service
4		abroad.
5		For the purposes of this Section, the term "service abroad"
6		means active duty service outside of the 50 United States and
7		the District of Columbia, and includes all active duty service
8		in territories and possessions of the United States.
9		(Source: P.A. 99-143, eff. 7-27-15; revised 10-14-15.)
10		Section 75. The Recreational Trails of Illinois Act is
11		amended by changing Section 34 as follows:
12		(20 ILCS 862/34)
13		Sec. 34. Exception from display of Off-Highway Vehicle
14		Usage Stamps. The operator of an off-highway vehicle shall not
15		be required to display an Off-Highway Vehicle Usage Stamp if
16		the off-highway vehicle is:
17		(1) owned and used by the United States, the State of
18		Illinois, another state, or a political subdivision
19		thereof, but these off-highway vehicles shall prominently
20		display the name of the owner on the off-highway vehicle;
21		(2) operated on lands where the operator, his or her
22		immediate family, or both are the sole owners of the land;
23		this exception shall not apply to clubs, associations, or
24		lands leased for hunting or recreational purposes;

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1		(3) used only on local, national, or international
2		competition circuits in events for which written
3		permission has been obtained by the sponsoring or
4		sanctioning body from the governmental unit having
5		jurisdiction over the location of any event held in this
6		State;
7		(4) (blank);
8		(5) used on an off-highway vehicle grant assisted site
9		and the off-highway vehicle displays an a Off-Highway
10		Vehicle Access decal;
11		(6) used in conjunction with a bona fide commercial
12		business, including, but not limited to, agricultural and
13		livestock production;
14		(7) a golf cart, regardless of whether the golf cart is
15		currently being used for golfing purposes;
16		(8) displaying a valid motor vehicle registration
17		issued by the Secretary of State or any other state;
18		(9) operated by an individual who either possesses an
19		Illinois Identification Card issued to the operator by the
20		Secretary of State that lists a Class P2 (or P2O or any
21		successor classification) or P2A disability or an original
22		or photocopy of a valid motor vehicle disability placard
23		issued to the operator by the Secretary of State, or is
24		assisting a person with a disability who has a Class P2 (or
25		P2O or any successor classification) or P2A disability
26		while using the same off-highway vehicle as the individual

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1		with a disability; or
2		(10) used only at commercial riding parks.
3		For the purposes of this Section, "golf cart" means a
4		machine specifically designed for the purposes of transporting
5		one or more persons and their golf clubs.
6		For the purposes of this Section, "local, national, or
7		international competition circuit" means any competition
8		circuit sponsored or sanctioned by an international, national,
9		or state organization, including, but not limited to, the
10		American Motorcyclist Association, or sponsored, sanctioned,
11		or both by an affiliate organization of an international,
12		national, or state organization which sanctions competitions,
13		including trials or practices leading up to or in connection
14		with those competitions.
15		For the purposes of this Section, "commercial riding parks"
16		mean commercial properties used for the recreational operation
17		of off-highway vehicles by the paying members of the park or
18		paying guests.
19		(Source: P.A. 98-820, eff. 8-1-14; 99-143, eff. 7-27-15;
20		revised 10-14-15.)
21		Section 80. The Department of Human Services Act is amended
22		by changing Sections 1-17 and 1-42 as follows:
23		(20 ILCS 1305/1-17)
24		Sec. 1-17. Inspector General.

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1		(a) Nature and purpose. It is the express intent of the
2		General Assembly to ensure the health, safety, and financial
3		condition of individuals receiving services in this State due
4		to mental illness, developmental disability, or both by
5		protecting those persons from acts of abuse, neglect, or both
6		by service providers. To that end, the Office of the Inspector
7		General for the Department of Human Services is created to
8		investigate and report upon allegations of the abuse, neglect,
9		or financial exploitation of individuals receiving services
10		within mental health facilities, developmental disabilities
11		facilities, and community agencies operated, licensed, funded
12		or certified by the Department of Human Services, but not
13		licensed or certified by any other State agency.
14		(b) Definitions. The following definitions apply to this
15		Section:
16		"Adult student with a disability" means an adult student,
17		age 18 through 21, inclusive, with an Individual Education
18		Program, other than a resident of a facility licensed by the
19		Department of Children and Family Services in accordance with
20		the Child Care Act of 1969. For purposes of this definition,
21		"through age 21, inclusive", means through the day before the
22		student's 22nd birthday.
23		"Agency" or "community agency" means (i) a community agency
24		licensed, funded, or certified by the Department, but not
25		licensed or certified by any other human services agency of the
26		State, to provide mental health service or developmental

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1		disabilities service, or (ii) a program licensed, funded, or
2		certified by the Department, but not licensed or certified by
3		any other human services agency of the State, to provide mental
4		health service or developmental disabilities service.
5		"Aggravating circumstance" means a factor that is
6		attendant to a finding and that tends to compound or increase
7		the culpability of the accused.
8		"Allegation" means an assertion, complaint, suspicion, or
9		incident involving any of the following conduct by an employee,
10		facility, or agency against an individual or individuals:
11		mental abuse, physical abuse, sexual abuse, neglect, or
12		financial exploitation.
13		"Day" means working day, unless otherwise specified.
14		"Deflection" means a situation in which an individual is
15		presented for admission to a facility or agency, and the
16		facility staff or agency staff do not admit the individual.
17		"Deflection" includes triage, redirection, and denial of
18		admission.
19		"Department" means the Department of Human Services.
20		"Developmental disability" means "developmental
21		disability" as defined in the Mental Health and Developmental
22		Disabilities Code.
23		"Egregious neglect" means a finding of neglect as
24		determined by the Inspector General that (i) represents a gross
25		failure to adequately provide for, or a callused indifference
26		to, the health, safety, or medical needs of an individual and

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1		(ii) results in an individual's death or other serious
2		deterioration of an individual's physical condition or mental
3		condition.
4		"Employee" means any person who provides services at the
5		facility or agency on-site or off-site. The service
6		relationship can be with the individual or with the facility or
7		agency. Also, "employee" includes any employee or contractual
8		agent of the Department of Human Services or the community
9		agency involved in providing or monitoring or administering
10		mental health or developmental disability services. This
11		includes but is not limited to: owners, operators, payroll
12		personnel, contractors, subcontractors, and volunteers.
13		"Facility" or "State-operated facility" means a mental
14		health facility or developmental disabilities facility
15		operated by the Department.
16		"Financial exploitation" means taking unjust advantage of
17		an individual's assets, property, or financial resources
18		through deception, intimidation, or conversion for the
19		employee's, facility's, or agency's own advantage or benefit.
20		"Finding" means the Office of Inspector General's
21		determination regarding whether an allegation is
22		substantiated, unsubstantiated, or unfounded.
23		"Health care worker registry" or "registry" means the
24		health care worker registry created by the Nursing Home Care
25		Act.
26		"Individual" means any person receiving mental health

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1		service, developmental disabilities service, or both from a
2		facility or agency, while either on-site or off-site.
3		"Mental abuse" means the use of demeaning, intimidating, or
4		threatening words, signs, gestures, or other actions by an
5		employee about an individual and in the presence of an
6		individual or individuals that results in emotional distress or
7		maladaptive behavior, or could have resulted in emotional
8		distress or maladaptive behavior, for any individual present.
9		"Mental illness" means "mental illness" as defined in the
10		Mental Health and Developmental Disabilities Code.
11		"Mentally ill" means having a mental illness.
12		"Mitigating circumstance" means a condition that (i) is
13		attendant to a finding, (ii) does not excuse or justify the
14		conduct in question, but (iii) may be considered in evaluating
15		the severity of the conduct, the culpability of the accused, or
16		both the severity of the conduct and the culpability of the
17		accused.
18		"Neglect" means an employee's, agency's, or facility's
19		failure to provide adequate medical care, personal care, or
20		maintenance and that, as a consequence, (i) causes an
21		individual pain, injury, or emotional distress, (ii) results in
22		either an individual's maladaptive behavior or the
23		deterioration of an individual's physical condition or mental
24		condition, or (iii) places the individual's health or safety at
25		substantial risk.
26		"Person with a developmental disability" means a person

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1		having a developmental disability.
2		"Physical abuse" means an employee's non-accidental and
3		inappropriate contact with an individual that causes bodily
4		harm. "Physical abuse" includes actions that cause bodily harm
5		as a result of an employee directing an individual or person to
6		physically abuse another individual.
7		"Recommendation" means an admonition, separate from a
8		finding, that requires action by the facility, agency, or
9		Department to correct a systemic issue, problem, or deficiency
10		identified during an investigation.
11		"Required reporter" means any employee who suspects,
12		witnesses, or is informed of an allegation of any one or more
13		of the following: mental abuse, physical abuse, sexual abuse,
14		neglect, or financial exploitation.
15		"Secretary" means the Chief Administrative Officer of the
16		Department.
17		"Sexual abuse" means any sexual contact or intimate
18		physical contact between an employee and an individual,
19		including an employee's coercion or encouragement of an
20		individual to engage in sexual behavior that results in sexual
21		contact, intimate physical contact, sexual behavior, or
22		intimate physical behavior. Sexual abuse also includes (i) an
23		employee's actions that result in the sending or showing of
24		sexually explicit images to an individual via computer,
25		cellular phone, electronic mail, portable electronic device,
26		or other media with or without contact with the individual or

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1		(ii) an employee's posting of sexually explicit images of an
2		individual online or elsewhere whether or not there is contact
3		with the individual.
4		"Sexually explicit images" includes, but is not limited to,
5		any material which depicts nudity, sexual conduct, or
6		sado-masochistic abuse, or which contains explicit and
7		detailed verbal descriptions or narrative accounts of sexual
8		excitement, sexual conduct, or sado-masochistic abuse.
9		"Substantiated" means there is a preponderance of the
10		evidence to support the allegation.
11		"Unfounded" means there is no credible evidence to support
12		the allegation.
13		"Unsubstantiated" means there is credible evidence, but
14		less than a preponderance of evidence to support the
15		allegation.
16		(c) Appointment. The Governor shall appoint, and the Senate
17		shall confirm, an Inspector General. The Inspector General
18		shall be appointed for a term of 4 years and shall function
19		within the Department of Human Services and report to the
20		Secretary and the Governor.
21		(d) Operation and appropriation. The Inspector General
22		shall function independently within the Department with
23		respect to the operations of the Office, including the
24		performance of investigations and issuance of findings and
25		recommendations. The appropriation for the Office of Inspector
26		General shall be separate from the overall appropriation for

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1		the Department.
2		(e) Powers and duties. The Inspector General shall
3		investigate reports of suspected mental abuse, physical abuse,
4		sexual abuse, neglect, or financial exploitation of
5		individuals in any mental health or developmental disabilities
6		facility or agency and shall have authority to take immediate
7		action to prevent any one or more of the following from
8		happening to individuals under its jurisdiction: mental abuse,
9		physical abuse, sexual abuse, neglect, or financial
10		exploitation. Upon written request of an agency of this State,
11		the Inspector General may assist another agency of the State in
12		investigating reports of the abuse, neglect, or abuse and
13		neglect of persons with mental illness, persons with
14		developmental disabilities, or persons with both. To comply
15		with the requirements of subsection (k) of this Section, the
16		Inspector General shall also review all reportable deaths for
17		which there is no allegation of abuse or neglect. Nothing in
18		this Section shall preempt any duties of the Medical Review
19		Board set forth in the Mental Health and Developmental
20		Disabilities Code. The Inspector General shall have no
21		authority to investigate alleged violations of the State
22		Officials and Employees Ethics Act. Allegations of misconduct
23		under the State Officials and Employees Ethics Act shall be
24		referred to the Office of the Governor's Executive Inspector
25		General for investigation.
26		(f) Limitations. The Inspector General shall not conduct an

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1		investigation within an agency or facility if that
2		investigation would be redundant to or interfere with an
3		investigation conducted by another State agency. The Inspector
4		General shall have no supervision over, or involvement in, the
5		routine programmatic, licensing, funding, or certification
6		operations of the Department. Nothing in this subsection limits
7		investigations by the Department that may otherwise be required
8		by law or that may be necessary in the Department's capacity as
9		central administrative authority responsible for the operation
10		of the State's mental health and developmental disabilities
11		facilities.
12		(g) Rulemaking authority. The Inspector General shall
13		promulgate rules establishing minimum requirements for
14		reporting allegations as well as for initiating, conducting,
15		and completing investigations based upon the nature of the
16		allegation or allegations. The rules shall clearly establish
17		that if 2 or more State agencies could investigate an
18		allegation, the Inspector General shall not conduct an
19		investigation that would be redundant to, or interfere with, an
20		investigation conducted by another State agency. The rules
21		shall further clarify the method and circumstances under which
22		the Office of Inspector General may interact with the
23		licensing, funding, or certification units of the Department in
24		preventing further occurrences of mental abuse, physical
25		abuse, sexual abuse, neglect, egregious neglect, and financial
26		exploitation.

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1		(h) Training programs. The Inspector General shall (i)
2		establish a comprehensive program to ensure that every person
3		authorized to conduct investigations receives ongoing training
4		relative to investigation techniques, communication skills,
5		and the appropriate means of interacting with persons receiving
6		treatment for mental illness, developmental disability, or
7		both mental illness and developmental disability, and (ii)
8		establish and conduct periodic training programs for facility
9		and agency employees concerning the prevention and reporting of
10		any one or more of the following: mental abuse, physical abuse,
11		sexual abuse, neglect, egregious neglect, or financial
12		exploitation. Nothing in this Section shall be deemed to
13		prevent the Office of Inspector General from conducting any
14		other training as determined by the Inspector General to be
15		necessary or helpful.
16		(i) Duty to cooperate.
17		(1) The Inspector General shall at all times be granted
18		access to any facility or agency for the purpose of
19		investigating any allegation, conducting unannounced site
20		visits, monitoring compliance with a written response, or
21		completing any other statutorily assigned duty. The
22		Inspector General shall conduct unannounced site visits to
23		each facility at least annually for the purpose of
24		reviewing and making recommendations on systemic issues
25		relative to preventing, reporting, investigating, and
26		responding to all of the following: mental abuse, physical

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1		abuse, sexual abuse, neglect, egregious neglect, or
2		financial exploitation.
3		(2) Any employee who fails to cooperate with an Office
4		of the Inspector General investigation is in violation of
5		this Act. Failure to cooperate with an investigation
6		includes, but is not limited to, any one or more of the
7		following: (i) creating and transmitting a false report to
8		the Office of the Inspector General hotline, (ii) providing
9		false information to an Office of the Inspector General
10		Investigator during an investigation, (iii) colluding with
11		other employees to cover up evidence, (iv) colluding with
12		other employees to provide false information to an Office
13		of the Inspector General investigator, (v) destroying
14		evidence, (vi) withholding evidence, or (vii) otherwise
15		obstructing an Office of the Inspector General
16		investigation. Additionally, any employee who, during an
17		unannounced site visit or written response compliance
18		check, fails to cooperate with requests from the Office of
19		the Inspector General is in violation of this Act.
20		(j) Subpoena powers. The Inspector General shall have the
21		power to subpoena witnesses and compel the production of all
22		documents and physical evidence relating to his or her
23		investigations and any hearings authorized by this Act. This
24		subpoena power shall not extend to persons or documents of a
25		labor organization or its representatives insofar as the
26		persons are acting in a representative capacity to an employee

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1		whose conduct is the subject of an investigation or the
2		documents relate to that representation. Any person who
3		otherwise fails to respond to a subpoena or who knowingly
4		provides false information to the Office of the Inspector
5		General by subpoena during an investigation is guilty of a
6		Class A misdemeanor.
7		(k) Reporting allegations and deaths.
8		(1) Allegations. If an employee witnesses, is told of,
9		or has reason to believe an incident of mental abuse,
10		physical abuse, sexual abuse, neglect, or financial
11		exploitation has occurred, the employee, agency, or
12		facility shall report the allegation by phone to the Office
13		of the Inspector General hotline according to the agency's
14		or facility's procedures, but in no event later than 4
15		hours after the initial discovery of the incident,
16		allegation, or suspicion of any one or more of the
17		following: mental abuse, physical abuse, sexual abuse,
18		neglect, or financial exploitation. A required reporter as
19		defined in subsection (b) of this Section who knowingly or
20		intentionally fails to comply with these reporting
21		requirements is guilty of a Class A misdemeanor.
22		(2) Deaths. Absent an allegation, a required reporter
23		shall, within 24 hours after initial discovery, report by
24		phone to the Office of the Inspector General hotline each
25		of the following:
26		(i) Any death of an individual occurring within 14

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1		calendar days after discharge or transfer of the
2		individual from a residential program or facility.
3		(ii) Any death of an individual occurring within 24
4		hours after deflection from a residential program or
5		facility.
6		(iii) Any other death of an individual occurring at
7		an agency or facility or at any Department-funded site.
8		(3) Retaliation. It is a violation of this Act for any
9		employee or administrator of an agency or facility to take
10		retaliatory action against an employee who acts in good
11		faith in conformance with his or her duties as a required
12		reporter.
13		(l) Reporting to law enforcement.
14		(1) Reporting criminal acts. Within 24 hours after
15		determining that there is credible evidence indicating
16		that a criminal act may have been committed or that special
17		expertise may be required in an investigation, the
18		Inspector General shall notify the Department of State
19		Police or other appropriate law enforcement authority, or
20		ensure that such notification is made. The Department of
21		State Police shall investigate any report from a
22		State-operated facility indicating a possible murder,
23		sexual assault, or other felony by an employee. All
24		investigations conducted by the Inspector General shall be
25		conducted in a manner designed to ensure the preservation
26		of evidence for possible use in a criminal prosecution.

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1		(2) Reporting allegations of adult students with
2		disabilities. Upon receipt of a reportable allegation
3		regarding an adult student with a disability, the
4		Department's Office of the Inspector General shall
5		determine whether the allegation meets the criteria for the
6		Domestic Abuse Program under the Abuse of Adults with
7		Disabilities Intervention Act. If the allegation is
8		reportable to that program, the Office of the Inspector
9		General shall initiate an investigation. If the allegation
10		is not reportable to the Domestic Abuse Program, the Office
11		of the Inspector General shall make an expeditious referral
12		to the respective law enforcement entity. If the alleged
13		victim is already receiving services from the Department,
14		the Office of the Inspector General shall also make a
15		referral to the respective Department of Human Services'
16		Division or Bureau.
17		(m) Investigative reports. Upon completion of an
18		investigation, the Office of Inspector General shall issue an
19		investigative report identifying whether the allegations are
20		substantiated, unsubstantiated, or unfounded. Within 10
21		business days after the transmittal of a completed
22		investigative report substantiating an allegation, or if a
23		recommendation is made, the Inspector General shall provide the
24		investigative report on the case to the Secretary and to the
25		director of the facility or agency where any one or more of the
26		following occurred: mental abuse, physical abuse, sexual

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1		abuse, neglect, egregious neglect, or financial exploitation.
2		In a substantiated case, the investigative report shall include
3		any mitigating or aggravating circumstances that were
4		identified during the investigation. If the case involves
5		substantiated neglect, the investigative report shall also
6		state whether egregious neglect was found. An investigative
7		report may also set forth recommendations. All investigative
8		reports prepared by the Office of the Inspector General shall
9		be considered confidential and shall not be released except as
10		provided by the law of this State or as required under
11		applicable federal law. Unsubstantiated and unfounded reports
12		shall not be disclosed except as allowed under Section 6 of the
13		Abused and Neglected Long Term Care Facility Residents
14		Reporting Act. Raw data used to compile the investigative
15		report shall not be subject to release unless required by law
16		or a court order. "Raw data used to compile the investigative
17		report" includes, but is not limited to, any one or more of the
18		following: the initial complaint, witness statements,
19		photographs, investigator's notes, police reports, or incident
20		reports. If the allegations are substantiated, the accused
21		shall be provided with a redacted copy of the investigative
22		report. Death reports where there was no allegation of abuse or
23		neglect shall only be released pursuant to applicable State or
24		federal law or a valid court order.
25		(n) Written responses and reconsideration requests.
26		(1) Written responses. Within 30 calendar days from

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1		receipt of a substantiated investigative report or an
2		investigative report which contains recommendations,
3		absent a reconsideration request, the facility or agency
4		shall file a written response that addresses, in a concise
5		and reasoned manner, the actions taken to: (i) protect the
6		individual; (ii) prevent recurrences; and (iii) eliminate
7		the problems identified. The response shall include the
8		implementation and completion dates of such actions. If the
9		written response is not filed within the allotted 30
10		calendar day period, the Secretary shall determine the
11		appropriate corrective action to be taken.
12		(2) Reconsideration requests. The facility, agency,
13		victim or guardian, or the subject employee may request
14		that the Office of Inspector General reconsider or clarify
15		its finding based upon additional information.
16		(o) Disclosure of the finding by the Inspector General. The
17		Inspector General shall disclose the finding of an
18		investigation to the following persons: (i) the Governor, (ii)
19		the Secretary, (iii) the director of the facility or agency,
20		(iv) the alleged victims and their guardians, (v) the
21		complainant, and (vi) the accused. This information shall
22		include whether the allegations were deemed substantiated,
23		unsubstantiated, or unfounded.
24		(p) Secretary review. Upon review of the Inspector
25		General's investigative report and any agency's or facility's
26		written response, the Secretary shall accept or reject the

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1		written response and notify the Inspector General of that
2		determination. The Secretary may further direct that other
3		administrative action be taken, including, but not limited to,
4		any one or more of the following: (i) additional site visits,
5		(ii) training, (iii) provision of technical assistance
6		relative to administrative needs, licensure or certification,
7		or (iv) the imposition of appropriate sanctions.
8		(q) Action by facility or agency. Within 30 days of the
9		date the Secretary approves the written response or directs
10		that further administrative action be taken, the facility or
11		agency shall provide an implementation report to the Inspector
12		General that provides the status of the action taken. The
13		facility or agency shall be allowed an additional 30 days to
14		send notice of completion of the action or to send an updated
15		implementation report. If the action has not been completed
16		within the additional 30 day period, the facility or agency
17		shall send updated implementation reports every 60 days until
18		completion. The Inspector General shall conduct a review of any
19		implementation plan that takes more than 120 days after
20		approval to complete, and shall monitor compliance through a
21		random review of approved written responses, which may include,
22		but are not limited to: (i) site visits, (ii) telephone
23		contact, and (iii) requests for additional documentation
24		evidencing compliance.
25		(r) Sanctions. Sanctions, if imposed by the Secretary under
26		Subdivision (p)(iv) of this Section, shall be designed to

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1		prevent further acts of mental abuse, physical abuse, sexual
2		abuse, neglect, egregious neglect, or financial exploitation
3		or some combination of one or more of those acts at a facility
4		or agency, and may include any one or more of the following:
5		(1) Appointment of on-site monitors.
6		(2) Transfer or relocation of an individual or
7		individuals.
8		(3) Closure of units.
9		(4) Termination of any one or more of the following:
10		(i) Department licensing, (ii) funding, or (iii)
11		certification.
12		The Inspector General may seek the assistance of the
13		Illinois Attorney General or the office of any State's Attorney
14		in implementing sanctions.
15		(s) Health care worker registry.
16		(1) Reporting to the registry. The Inspector General
17		shall report to the Department of Public Health's health
18		care worker registry, a public registry, the identity and
19		finding of each employee of a facility or agency against
20		whom there is a final investigative report containing a
21		substantiated allegation of physical or sexual abuse,
22		financial exploitation, or egregious neglect of an
23		individual.
24		(2) Notice to employee. Prior to reporting the name of
25		an employee, the employee shall be notified of the
26		Department's obligation to report and shall be granted an

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1		opportunity to request an administrative hearing, the sole
2		purpose of which is to determine if the substantiated
3		finding warrants reporting to the registry. Notice to the
4		employee shall contain a clear and concise statement of the
5		grounds on which the report to the registry is based, offer
6		the employee an opportunity for a hearing, and identify the
7		process for requesting such a hearing. Notice is sufficient
8		if provided by certified mail to the employee's last known
9		address. If the employee fails to request a hearing within
10		30 days from the date of the notice, the Inspector General
11		shall report the name of the employee to the registry.
12		Nothing in this subdivision (s)(2) shall diminish or impair
13		the rights of a person who is a member of a collective
14		bargaining unit under the Illinois Public Labor Relations
15		Act or under any other federal labor statute.
16		(3) Registry hearings. If the employee requests an
17		administrative hearing, the employee shall be granted an
18		opportunity to appear before an administrative law judge to
19		present reasons why the employee's name should not be
20		reported to the registry. The Department shall bear the
21		burden of presenting evidence that establishes, by a
22		preponderance of the evidence, that the substantiated
23		finding warrants reporting to the registry. After
24		considering all the evidence presented, the administrative
25		law judge shall make a recommendation to the Secretary as
26		to whether the substantiated finding warrants reporting

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1		the name of the employee to the registry. The Secretary
2		shall render the final decision. The Department and the
3		employee shall have the right to request that the
4		administrative law judge consider a stipulated disposition
5		of these proceedings.
6		(4) Testimony at registry hearings. A person who makes
7		a report or who investigates a report under this Act shall
8		testify fully in any judicial proceeding resulting from
9		such a report, as to any evidence of abuse or neglect, or
10		the cause thereof. No evidence shall be excluded by reason
11		of any common law or statutory privilege relating to
12		communications between the alleged perpetrator of abuse or
13		neglect, or the individual alleged as the victim in the
14		report, and the person making or investigating the report.
15		Testimony at hearings is exempt from the confidentiality
16		requirements of subsection (f) of Section 10 of the Mental
17		Health and Developmental Disabilities Confidentiality Act.
18		(5) Employee's rights to collateral action. No
19		reporting to the registry shall occur and no hearing shall
20		be set or proceed if an employee notifies the Inspector
21		General in writing, including any supporting
22		documentation, that he or she is formally contesting an
23		adverse employment action resulting from a substantiated
24		finding by complaint filed with the Illinois Civil Service
25		Commission, or which otherwise seeks to enforce the
26		employee's rights pursuant to any applicable collective

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1		bargaining agreement. If an action taken by an employer
2		against an employee as a result of a finding of physical
3		abuse, sexual abuse, or egregious neglect is overturned
4		through an action filed with the Illinois Civil Service
5		Commission or under any applicable collective bargaining
6		agreement and if that employee's name has already been sent
7		to the registry, the employee's name shall be removed from
8		the registry.
9		(6) Removal from registry. At any time after the report
10		to the registry, but no more than once in any 12-month
11		period, an employee may petition the Department in writing
12		to remove his or her name from the registry. Upon receiving
13		notice of such request, the Inspector General shall conduct
14		an investigation into the petition. Upon receipt of such
15		request, an administrative hearing will be set by the
16		Department. At the hearing, the employee shall bear the
17		burden of presenting evidence that establishes, by a
18		preponderance of the evidence, that removal of the name
19		from the registry is in the public interest. The parties
20		may jointly request that the administrative law judge
21		consider a stipulated disposition of these proceedings.
22		(t) Review of Administrative Decisions. The Department
23		shall preserve a record of all proceedings at any formal
24		hearing conducted by the Department involving health care
25		worker registry hearings. Final administrative decisions of
26		the Department are subject to judicial review pursuant to

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1		provisions of the Administrative Review Law.
2		(u) Quality Care Board. There is created, within the Office
3		of the Inspector General, a Quality Care Board to be composed
4		of 7 members appointed by the Governor with the advice and
5		consent of the Senate. One of the members shall be designated
6		as chairman by the Governor. Of the initial appointments made
7		by the Governor, 4 Board members shall each be appointed for a
8		term of 4 years and 3 members shall each be appointed for a
9		term of 2 years. Upon the expiration of each member's term, a
10		successor shall be appointed for a term of 4 years. In the case
11		of a vacancy in the office of any member, the Governor shall
12		appoint a successor for the remainder of the unexpired term.
13		Members appointed by the Governor shall be qualified by
14		professional knowledge or experience in the area of law,
15		investigatory techniques, or in the area of care of the
16		mentally ill or care of persons with developmental
17		disabilities. Two members appointed by the Governor shall be
18		persons with a disability or a parent of a person with a
19		disability. Members shall serve without compensation, but
20		shall be reimbursed for expenses incurred in connection with
21		the performance of their duties as members.
22		The Board shall meet quarterly, and may hold other meetings
23		on the call of the chairman. Four members shall constitute a
24		quorum allowing the Board to conduct its business. The Board
25		may adopt rules and regulations it deems necessary to govern
26		its own procedures.

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1		The Board shall monitor and oversee the operations,
2		policies, and procedures of the Inspector General to ensure the
3		prompt and thorough investigation of allegations of neglect and
4		abuse. In fulfilling these responsibilities, the Board may do
5		the following:
6		(1) Provide independent, expert consultation to the
7		Inspector General on policies and protocols for
8		investigations of alleged abuse, neglect, or both abuse and
9		neglect.
10		(2) Review existing regulations relating to the
11		operation of facilities.
12		(3) Advise the Inspector General as to the content of
13		training activities authorized under this Section.
14		(4) Recommend policies concerning methods for
15		improving the intergovernmental relationships between the
16		Office of the Inspector General and other State or federal
17		offices.
18		(v) Annual report. The Inspector General shall provide to
19		the General Assembly and the Governor, no later than January 1
20		of each year, a summary of reports and investigations made
21		under this Act for the prior fiscal year with respect to
22		individuals receiving mental health or developmental
23		disabilities services. The report shall detail the imposition
24		of sanctions, if any, and the final disposition of any
25		corrective or administrative action directed by the Secretary.
26		The summaries shall not contain any confidential or identifying

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1		information of any individual, but shall include objective data
2		identifying any trends in the number of reported allegations,
3		the timeliness of the Office of the Inspector General's
4		investigations, and their disposition, for each facility and
5		Department-wide, for the most recent 3-year time period. The
6		report shall also identify, by facility, the staff-to-patient
7		ratios taking account of direct care staff only. The report
8		shall also include detailed recommended administrative actions
9		and matters for consideration by the General Assembly.
10		(w) Program audit. The Auditor General shall conduct a
11		program audit of the Office of the Inspector General on an
12		as-needed basis, as determined by the Auditor General. The
13		audit shall specifically include the Inspector General's
14		compliance with the Act and effectiveness in investigating
15		reports of allegations occurring in any facility or agency. The
16		Auditor General shall conduct the program audit according to
17		the provisions of the Illinois State Auditing Act and shall
18		report its findings to the General Assembly no later than
19		January 1 following the audit period.
20		(x) Nothing in this Section shall be construed to mean that
21		a patient is a victim of abuse or neglect because of health
22		care services appropriately provided or not provided by health
23		care professionals.
24		(y) Nothing in this Section shall require a facility,
25		including its employees, agents, medical staff members, and
26		health care professionals, to provide a service to a patient in

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1		contravention of that patient's stated or implied objection to
2		the provision of that service on the ground that that service
3		conflicts with the patient's religious beliefs or practices,
4		nor shall the failure to provide a service to a patient be
5		considered abuse under this Section if the patient has objected
6		to the provision of that service based on his or her religious
7		beliefs or practices.
8		(Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14; 99-143,
9		eff. 7-27-15; 99-323, eff. 8-7-15; revised 10-19-15.)
10		(20 ILCS 1305/1-42)
11		Sec. 1-42. Department Ambassador. Subject to
12		appropriation, as part of a pilot program, the Department shall
13		designate one or more officials or employees to serve as
14		Department Ambassadors Ambassador. Department Ambassadors
15		shall serve as a liaison between the Department and the public
16		and shall have the following duties: (i) to inform the public
17		about services available through the Department, (ii) to assist
18		the public in accessing those services, (iii) to review the
19		Department's methods of disseminating information, and (iv) to
20		recommend and implement more efficient practices of providing
21		services and information to the public where possible.
22		(Source: P.A. 98-1065, eff. 8-26-14; revised 10-19-15.)
23		Section 85. The Burn Victims Relief Act is amended by
24		changing Section 15 as follows:

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1		(20 ILCS 1410/15)
2		Sec. 15. Rulemaking. The Department of Insurance may adopt
3		rules to implement the provisions of this Act. In order to
4		provide for the expeditious and timely implementation of the
5		provisions of this Act, emergency rules to implement any
6		provision of this Act may be adopted by the Department in
7		accordance with subsection (u) (t) of Section 5-45 of the
8		Illinois Administrative Procedure Act.
9		(Source: P.A. 99-455, eff. 1-1-16; revised 10-26-15.)
10		Section 90. The Department of Professional Regulation Law
11		of the Civil Administrative Code of Illinois is amended by
12		changing Section 2105-15 as follows:
13		(20 ILCS 2105/2105-15)
14		Sec. 2105-15. General powers and duties.
15		(a) The Department has, subject to the provisions of the
16		Civil Administrative Code of Illinois, the following powers and
17		duties:
18		(1) To authorize examinations in English to ascertain
19		the qualifications and fitness of applicants to exercise
20		the profession, trade, or occupation for which the
21		examination is held.
22		(2) To prescribe rules and regulations for a fair and
23		wholly impartial method of examination of candidates to

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1		exercise the respective professions, trades, or
2		occupations.
3		(3) To pass upon the qualifications of applicants for
4		licenses, certificates, and authorities, whether by
5		examination, by reciprocity, or by endorsement.
6		(4) To prescribe rules and regulations defining, for
7		the respective professions, trades, and occupations, what
8		shall constitute a school, college, or university, or
9		department of a university, or other institution,
10		reputable and in good standing, and to determine the
11		reputability and good standing of a school, college, or
12		university, or department of a university, or other
13		institution, reputable and in good standing, by reference
14		to a compliance with those rules and regulations; provided,
15		that no school, college, or university, or department of a
16		university, or other institution that refuses admittance
17		to applicants solely on account of race, color, creed, sex,
18		sexual orientation, or national origin shall be considered
19		reputable and in good standing.
20		(5) To conduct hearings on proceedings to revoke,
21		suspend, refuse to renew, place on probationary status, or
22		take other disciplinary action as authorized in any
23		licensing Act administered by the Department with regard to
24		licenses, certificates, or authorities of persons
25		exercising the respective professions, trades, or
26		occupations and to revoke, suspend, refuse to renew, place

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1		on probationary status, or take other disciplinary action
2		as authorized in any licensing Act administered by the
3		Department with regard to those licenses, certificates, or
4		authorities.
5		The Department shall issue a monthly disciplinary
6		report.
7		The Department shall deny any license or renewal
8		authorized by the Civil Administrative Code of Illinois to
9		any person who has defaulted on an educational loan or
10		scholarship provided by or guaranteed by the Illinois
11		Student Assistance Commission or any governmental agency
12		of this State; however, the Department may issue a license
13		or renewal if the aforementioned persons have established a
14		satisfactory repayment record as determined by the
15		Illinois Student Assistance Commission or other
16		appropriate governmental agency of this State.
17		Additionally, beginning June 1, 1996, any license issued by
18		the Department may be suspended or revoked if the
19		Department, after the opportunity for a hearing under the
20		appropriate licensing Act, finds that the licensee has
21		failed to make satisfactory repayment to the Illinois
22		Student Assistance Commission for a delinquent or
23		defaulted loan. For the purposes of this Section,
24		"satisfactory repayment record" shall be defined by rule.
25		The Department shall refuse to issue or renew a license
26		to, or shall suspend or revoke a license of, any person

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1		who, after receiving notice, fails to comply with a
2		subpoena or warrant relating to a paternity or child
3		support proceeding. However, the Department may issue a
4		license or renewal upon compliance with the subpoena or
5		warrant.
6		The Department, without further process or hearings,
7		shall revoke, suspend, or deny any license or renewal
8		authorized by the Civil Administrative Code of Illinois to
9		a person who is certified by the Department of Healthcare
10		and Family Services (formerly Illinois Department of
11		Public Aid) as being more than 30 days delinquent in
12		complying with a child support order or who is certified by
13		a court as being in violation of the Non-Support Punishment
14		Act for more than 60 days. The Department may, however,
15		issue a license or renewal if the person has established a
16		satisfactory repayment record as determined by the
17		Department of Healthcare and Family Services (formerly
18		Illinois Department of Public Aid) or if the person is
19		determined by the court to be in compliance with the
20		Non-Support Punishment Act. The Department may implement
21		this paragraph as added by Public Act 89-6 through the use
22		of emergency rules in accordance with Section 5-45 of the
23		Illinois Administrative Procedure Act. For purposes of the
24		Illinois Administrative Procedure Act, the adoption of
25		rules to implement this paragraph shall be considered an
26		emergency and necessary for the public interest, safety,

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1		and welfare.
2		(6) To transfer jurisdiction of any realty under the
3		control of the Department to any other department of the
4		State Government or to acquire or accept federal lands when
5		the transfer, acquisition, or acceptance is advantageous
6		to the State and is approved in writing by the Governor.
7		(7) To formulate rules and regulations necessary for
8		the enforcement of any Act administered by the Department.
9		(8) To exchange with the Department of Healthcare and
10		Family Services information that may be necessary for the
11		enforcement of child support orders entered pursuant to the
12		Illinois Public Aid Code, the Illinois Marriage and
13		Dissolution of Marriage Act, the Non-Support of Spouse and
14		Children Act, the Non-Support Punishment Act, the Revised
15		Uniform Reciprocal Enforcement of Support Act, the Uniform
16		Interstate Family Support Act, the Illinois Parentage Act
17		of 1984, or the Illinois Parentage Act of 2015.
18		Notwithstanding any provisions in this Code to the
19		contrary, the Department of Professional Regulation shall
20		not be liable under any federal or State law to any person
21		for any disclosure of information to the Department of
22		Healthcare and Family Services (formerly Illinois
23		Department of Public Aid) under this paragraph (8) or for
24		any other action taken in good faith to comply with the
25		requirements of this paragraph (8).
26		(8.5) To accept continuing education credit for

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1		mandated reporter training on how to recognize and report
2		child abuse offered by the Department of Children and
3		Family Services and completed by any person who holds a
4		professional license issued by the Department and who is a
5		mandated reporter under the Abused and Neglected Child
6		Reporting Act. The Department shall adopt any rules
7		necessary to implement this paragraph.
8		(9) To perform other duties prescribed by law.
9		(a-5) Except in cases involving default on an educational
10		loan or scholarship provided by or guaranteed by the Illinois
11		Student Assistance Commission or any governmental agency of
12		this State or in cases involving delinquency in complying with
13		a child support order or violation of the Non-Support
14		Punishment Act and notwithstanding anything that may appear in
15		any individual licensing Act or administrative rule, no person
16		or entity whose license, certificate, or authority has been
17		revoked as authorized in any licensing Act administered by the
18		Department may apply for restoration of that license,
19		certification, or authority until 3 years after the effective
20		date of the revocation.
21		(b) The Department may, when a fee is payable to the
22		Department for a wall certificate of registration provided by
23		the Department of Central Management Services, require that
24		portion of the payment for printing and distribution costs be
25		made directly or through the Department to the Department of
26		Central Management Services for deposit into the Paper and

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

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1		signatures of 2 persons designated by the Director to write
2		those checks and make those withdrawals. Vouchers for those
3		expenditures must be signed by the Director. All such
4		expenditures shall be audited by the Director, and the audit
5		shall be submitted to the Department of Central Management
6		Services for approval.
7		(d) Whenever the Department is authorized or required by
8		law to consider some aspect of criminal history record
9		information for the purpose of carrying out its statutory
10		powers and responsibilities, then, upon request and payment of
11		fees in conformance with the requirements of Section 2605-400
12		of the Department of State Police Law (20 ILCS 2605/2605-400),
13		the Department of State Police is authorized to furnish,
14		pursuant to positive identification, the information contained
15		in State files that is necessary to fulfill the request.
16		(e) The provisions of this Section do not apply to private
17		business and vocational schools as defined by Section 15 of the
18		Private Business and Vocational Schools Act of 2012.
19		(f) (Blank).
20		(g) Notwithstanding anything that may appear in any
21		individual licensing statute or administrative rule, the
22		Department shall deny any license application or renewal
23		authorized under any licensing Act administered by the
24		Department to any person who has failed to file a return, or to
25		pay the tax, penalty, or interest shown in a filed return, or
26		to pay any final assessment of tax, penalty, or interest, as

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1		required by any tax Act administered by the Illinois Department
2		of Revenue, until such time as the requirement of any such tax
3		Act are satisfied; however, the Department may issue a license
4		or renewal if the person has established a satisfactory
5		repayment record as determined by the Illinois Department of
6		Revenue. For the purpose of this Section, "satisfactory
7		repayment record" shall be defined by rule.
8		In addition, a complaint filed with the Department by the
9		Illinois Department of Revenue that includes a certification,
10		signed by its Director or designee, attesting to the amount of
11		the unpaid tax liability or the years for which a return was
12		not filed, or both, is prima facie evidence of the licensee's
13		failure to comply with the tax laws administered by the
14		Illinois Department of Revenue. Upon receipt of that
15		certification, the Department shall, without a hearing,
16		immediately suspend all licenses held by the licensee.
17		Enforcement of the Department's order shall be stayed for 60
18		days. The Department shall provide notice of the suspension to
19		the licensee by mailing a copy of the Department's order by
20		certified and regular mail to the licensee's last known address
21		as registered with the Department. The notice shall advise the
22		licensee that the suspension shall be effective 60 days after
23		the issuance of the Department's order unless the Department
24		receives, from the licensee, a request for a hearing before the
25		Department to dispute the matters contained in the order.
26		Any suspension imposed under this subsection (g) shall be

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1		terminated by the Department upon notification from the
2		Illinois Department of Revenue that the licensee is in
3		compliance with all tax laws administered by the Illinois
4		Department of Revenue.
5		The Department may promulgate rules for the administration
6		of this subsection (g).
7		(h) The Department may grant the title "Retired", to be
8		used immediately adjacent to the title of a profession
9		regulated by the Department, to eligible retirees. For
10		individuals licensed under the Medical Practice Act of 1987,
11		the title "Retired" may be used in the profile required by the
12		Patients' Right to Know Act. The use of the title "Retired"
13		shall not constitute representation of current licensure,
14		registration, or certification. Any person without an active
15		license, registration, or certificate in a profession that
16		requires licensure, registration, or certification shall not
17		be permitted to practice that profession.
18		(i) Within 180 days after December 23, 2009 (the effective
19		date of Public Act 96-852), the Department shall promulgate
20		rules which permit a person with a criminal record, who seeks a
21		license or certificate in an occupation for which a criminal
22		record is not expressly a per se bar, to apply to the
23		Department for a non-binding, advisory opinion to be provided
24		by the Board or body with the authority to issue the license or
25		certificate as to whether his or her criminal record would bar
26		the individual from the licensure or certification sought,

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1		should the individual meet all other licensure requirements
2		including, but not limited to, the successful completion of the
3		relevant examinations.
4		(Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85,
5		eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; revised
6		10-16-15.)
7		Section 95. The Department of Public Health Powers and
8		Duties Law of the Civil Administrative Code of Illinois is
9		amended by setting forth, renumbering, and changing multiple
10		versions of Section 2310-685 as follows:
11		(20 ILCS 2310/2310-685)
12		Sec. 2310-685. Health care facility; policy to encourage
13		participation in capital projects.
14		(a) A health care facility shall develop a policy to
15		encourage the participation of minority-owned, women-owned,
16		veteran-owned, and small business enterprises in capital
17		projects undertaken by the health care facility.
18		(b) A health care system may develop a system-wide policy
19		in order to comply with the requirement of subsection (a) of
20		this Section.
21		(c) The policy required under this Section must be
22		developed no later than 6 months after January 1, 2016 (the
23		effective date of Public Act 99-315) this amendatory Act of the
24		99th General Assembly.

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1		(d) This Section does not apply to health care facilities
2		with 100 or fewer beds, health care facilities located in a
3		county with a total census population of less than 3,000,000,
4		or health care facilities owned or operated by a unit of local
5		government or the State or federal government.
6		(e) For the purpose of this Section, "health care facility"
7		has the same meaning as set forth in the Illinois Health
8		Facilities Planning Act.
9		(Source: P.A. 99-315, eff. 1-1-16; revised 9-28-15.)
10		(20 ILCS 2310/2310-690)
11		Sec. 2310-690 2310-685. Cytomegalovirus public education.
12		(a) In this Section:
13		"CMV" means cytomegalovirus.
14		"Health care provider" means any physician, hospital
15		facility, or other person that is licensed or otherwise
16		authorized to deliver health care services.
17		(b) The Department shall develop or approve and publish
18		informational materials for women who may become pregnant,
19		expectant parents, and parents of infants regarding:
20		(1) the incidence of CMV;
21		(2) the transmission of CMV to pregnant women and women
22		who may become pregnant;
23		(3) birth defects caused by congenital CMV;
24		(4) methods of diagnosing congenital CMV; and
25		(5) available preventive measures to avoid the

HB5540 Enrolled - 130 - LRB099 16003 AMC 40320 b
1		infection of women who are pregnant or may become pregnant.
2		(c) The Department shall publish the information required
3		under subsection (b) on its Internet website.
4		(d) The Department shall publish information to:
5		(1) educate women who may become pregnant, expectant
6		parents, and parents of infants about CMV; and
7		(2) raise awareness of CMV among health care providers
8		who provide care to expectant mothers or infants.
9		(e) The Department may solicit and accept the assistance of
10		any relevant medical associations or community resources,
11		including faith-based resources, to promote education about
12		CMV under this Section.
13		(f) If a newborn infant fails the 2 initial hearing
14		screenings in the hospital, then the hospital performing that
15		screening shall provide to the parents of the newborn infant
16		information regarding: (i) birth defects caused by congenital
17		CMV; (ii) testing opportunities and options for CMV, including
18		the opportunity to test for CMV before leaving the hospital;
19		and (iii) early intervention services. Health care providers
20		may use the materials developed by the Department for
21		distribution to parents of newborn infants.
22		(Source: P.A. 99-424, eff. 1-1-16; revised 9-28-15.)
23		Section 100. The Disabilities Services Act of 2003 is
24		amended by changing Section 52 as follows:

HB5540 Enrolled - 131 - LRB099 16003 AMC 40320 b
1		(20 ILCS 2407/52)
2		Sec. 52. Applicability; definitions. In accordance with
3		Section 6071 of the Deficit Reduction Act of 2005 (P.L.
4		109-171), as used in this Article:
5		"Departments". The term "Departments" means for the
6		purposes of this Act, the Department of Human Services, the
7		Department on Aging, Department of Healthcare and Family
8		Services and Department of Public Health, unless otherwise
9		noted.
10		"Home and community-based long-term care services". The
11		term "home and community-based long-term care services" means,
12		with respect to the State Medicaid program, a service aid, or
13		benefit, home and community-based services, including, but not
14		limited to, home health and personal care services, that are
15		provided to a person with a disability, and are voluntarily
16		accepted, as part of his or her long-term care that: (i) is
17		provided under the State's qualified home and community-based
18		program or that could be provided under such a program but is
19		otherwise provided under the Medicaid program; (ii) is
20		delivered in a qualified residence; and (iii) is necessary for
21		the person with a disability to live in the community.
22		"ID/DD community care facility". The term "ID/DD community
23		care facility", for the purposes of this Article, means a
24		skilled nursing or intermediate long-term care facility
25		subject to licensure by the Department of Public Health under
26		the ID/DD Community Care Act or the MC/DD Act, an intermediate

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1		care facility for persons with developmental disabilities
2		(ICF-DDs), and a State-operated developmental center or mental
3		health center, whether publicly or privately owned.
4		"Money Follows the Person" Demonstration. Enacted by the
5		Deficit Reduction Act of 2005, the Money Follows the Person
6		(MFP) Rebalancing Demonstration is part of a comprehensive,
7		coordinated strategy to assist states, in collaboration with
8		stakeholders, to make widespread changes to their long-term
9		care support systems. This initiative will assist states in
10		their efforts to reduce their reliance on institutional care
11		while developing community-based long-term care opportunities,
12		enabling the elderly and people with disabilities to fully
13		participate in their communities.
14		"Public funds" mean any funds appropriated by the General
15		Assembly to the Departments of Human Services, on Aging, of
16		Healthcare and Family Services and of Public Health for
17		settings and services as defined in this Article.
18		"Qualified residence". The term "qualified residence"
19		means, with respect to an eligible individual: (i) a home owned
20		or leased by the individual or the individual's authorized
21		representative (as defined by P.L. 109-171); (ii) an apartment
22		with an individual lease, with lockable access and egress, and
23		which includes living, sleeping, bathing, and cooking areas
24		over which the individual or the individual's family has domain
25		and control; or (iii) a residence, in a community-based
26		residential setting, in which no more than 4 unrelated

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1		individuals reside. Where qualified residences are not
2		sufficient to meet the demand of eligible individuals,
3		time-limited exceptions to this definition may be developed
4		through administrative rule.
5		"Self-directed services". The term "self-directed
6		services" means, with respect to home and community-based
7		long-term services for an eligible individual, those services
8		for the individual that are planned and purchased under the
9		direction and control of the individual or the individual's
10		authorized representative, including the amount, duration,
11		scope, provider, and location of such services, under the State
12		Medicaid program consistent with the following requirements:
13		(a) Assessment: there is an assessment of the needs,
14		capabilities, and preference of the individual with
15		respect to such services.
16		(b) Individual service care or treatment plan: based on
17		the assessment, there is development jointly with such
18		individual or individual's authorized representative, a
19		plan for such services for the individual that (i)
20		specifies those services, if any, that the individual or
21		the individual's authorized representative would be
22		responsible for directing; (ii) identifies the methods by
23		which the individual or the individual's authorized
24		representative or an agency designated by an individual or
25		representative will select, manage, and dismiss providers
26		of such services.

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1		(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
2		revised 11-3-15.)
3		Section 105. The Criminal Identification Act is amended by
4		changing Section 5.2 as follows:
5		(20 ILCS 2630/5.2)
6		Sec. 5.2. Expungement and sealing.
7		(a) General Provisions.
8		(1) Definitions. In this Act, words and phrases have
9		the meanings set forth in this subsection, except when a
10		particular context clearly requires a different meaning.
11		(A) The following terms shall have the meanings
12		ascribed to them in the Unified Code of Corrections,
13		730 ILCS 5/5-1-2 through 5/5-1-22:
14		(i) Business Offense (730 ILCS 5/5-1-2),
15		(ii) Charge (730 ILCS 5/5-1-3),
16		(iii) Court (730 ILCS 5/5-1-6),
17		(iv) Defendant (730 ILCS 5/5-1-7),
18		(v) Felony (730 ILCS 5/5-1-9),
19		(vi) Imprisonment (730 ILCS 5/5-1-10),
20		(vii) Judgment (730 ILCS 5/5-1-12),
21		(viii) Misdemeanor (730 ILCS 5/5-1-14),
22		(ix) Offense (730 ILCS 5/5-1-15),
23		(x) Parole (730 ILCS 5/5-1-16),
24		(xi) Petty Offense (730 ILCS 5/5-1-17),

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1		(xii) Probation (730 ILCS 5/5-1-18),
2		(xiii) Sentence (730 ILCS 5/5-1-19),
3		(xiv) Supervision (730 ILCS 5/5-1-21), and
4		(xv) Victim (730 ILCS 5/5-1-22).
5		(B) As used in this Section, "charge not initiated
6		by arrest" means a charge (as defined by 730 ILCS
7		5/5-1-3) brought against a defendant where the
8		defendant is not arrested prior to or as a direct
9		result of the charge.
10		(C) "Conviction" means a judgment of conviction or
11		sentence entered upon a plea of guilty or upon a
12		verdict or finding of guilty of an offense, rendered by
13		a legally constituted jury or by a court of competent
14		jurisdiction authorized to try the case without a jury.
15		An order of supervision successfully completed by the
16		petitioner is not a conviction. An order of qualified
17		probation (as defined in subsection (a)(1)(J))
18		successfully completed by the petitioner is not a
19		conviction. An order of supervision or an order of
20		qualified probation that is terminated
21		unsatisfactorily is a conviction, unless the
22		unsatisfactory termination is reversed, vacated, or
23		modified and the judgment of conviction, if any, is
24		reversed or vacated.
25		(D) "Criminal offense" means a petty offense,
26		business offense, misdemeanor, felony, or municipal

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1		ordinance violation (as defined in subsection
2		(a)(1)(H)). As used in this Section, a minor traffic
3		offense (as defined in subsection (a)(1)(G)) shall not
4		be considered a criminal offense.
5		(E) "Expunge" means to physically destroy the
6		records or return them to the petitioner and to
7		obliterate the petitioner's name from any official
8		index or public record, or both. Nothing in this Act
9		shall require the physical destruction of the circuit
10		court file, but such records relating to arrests or
11		charges, or both, ordered expunged shall be impounded
12		as required by subsections (d)(9)(A)(ii) and
13		(d)(9)(B)(ii).
14		(F) As used in this Section, "last sentence" means
15		the sentence, order of supervision, or order of
16		qualified probation (as defined by subsection
17		(a)(1)(J)), for a criminal offense (as defined by
18		subsection (a)(1)(D)) that terminates last in time in
19		any jurisdiction, regardless of whether the petitioner
20		has included the criminal offense for which the
21		sentence or order of supervision or qualified
22		probation was imposed in his or her petition. If
23		multiple sentences, orders of supervision, or orders
24		of qualified probation terminate on the same day and
25		are last in time, they shall be collectively considered
26		the "last sentence" regardless of whether they were

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1		ordered to run concurrently.
2		(G) "Minor traffic offense" means a petty offense,
3		business offense, or Class C misdemeanor under the
4		Illinois Vehicle Code or a similar provision of a
5		municipal or local ordinance.
6		(H) "Municipal ordinance violation" means an
7		offense defined by a municipal or local ordinance that
8		is criminal in nature and with which the petitioner was
9		charged or for which the petitioner was arrested and
10		released without charging.
11		(I) "Petitioner" means an adult or a minor
12		prosecuted as an adult who has applied for relief under
13		this Section.
14		(J) "Qualified probation" means an order of
15		probation under Section 10 of the Cannabis Control Act,
16		Section 410 of the Illinois Controlled Substances Act,
17		Section 70 of the Methamphetamine Control and
18		Community Protection Act, Section 5-6-3.3 or 5-6-3.4
19		of the Unified Code of Corrections, Section
20		12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
21		those provisions existed before their deletion by
22		Public Act 89-313), Section 10-102 of the Illinois
23		Alcoholism and Other Drug Dependency Act, Section
24		40-10 of the Alcoholism and Other Drug Abuse and
25		Dependency Act, or Section 10 of the Steroid Control
26		Act. For the purpose of this Section, "successful

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1		completion" of an order of qualified probation under
2		Section 10-102 of the Illinois Alcoholism and Other
3		Drug Dependency Act and Section 40-10 of the Alcoholism
4		and Other Drug Abuse and Dependency Act means that the
5		probation was terminated satisfactorily and the
6		judgment of conviction was vacated.
7		(K) "Seal" means to physically and electronically
8		maintain the records, unless the records would
9		otherwise be destroyed due to age, but to make the
10		records unavailable without a court order, subject to
11		the exceptions in Sections 12 and 13 of this Act. The
12		petitioner's name shall also be obliterated from the
13		official index required to be kept by the circuit court
14		clerk under Section 16 of the Clerks of Courts Act, but
15		any index issued by the circuit court clerk before the
16		entry of the order to seal shall not be affected.
17		(L) "Sexual offense committed against a minor"
18		includes but is not limited to the offenses of indecent
19		solicitation of a child or criminal sexual abuse when
20		the victim of such offense is under 18 years of age.
21		(M) "Terminate" as it relates to a sentence or
22		order of supervision or qualified probation includes
23		either satisfactory or unsatisfactory termination of
24		the sentence, unless otherwise specified in this
25		Section.
26		(2) Minor Traffic Offenses. Orders of supervision or

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1		convictions for minor traffic offenses shall not affect a
2		petitioner's eligibility to expunge or seal records
3		pursuant to this Section.
4		(3) Exclusions. Except as otherwise provided in
5		subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
6		of this Section, the court shall not order:
7		(A) the sealing or expungement of the records of
8		arrests or charges not initiated by arrest that result
9		in an order of supervision for or conviction of: (i)
10		any sexual offense committed against a minor; (ii)
11		Section 11-501 of the Illinois Vehicle Code or a
12		similar provision of a local ordinance; or (iii)
13		Section 11-503 of the Illinois Vehicle Code or a
14		similar provision of a local ordinance, unless the
15		arrest or charge is for a misdemeanor violation of
16		subsection (a) of Section 11-503 or a similar provision
17		of a local ordinance, that occurred prior to the
18		offender reaching the age of 25 years and the offender
19		has no other conviction for violating Section 11-501 or
20		11-503 of the Illinois Vehicle Code or a similar
21		provision of a local ordinance.
22		(B) the sealing or expungement of records of minor
23		traffic offenses (as defined in subsection (a)(1)(G)),
24		unless the petitioner was arrested and released
25		without charging.
26		(C) the sealing of the records of arrests or

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1		charges not initiated by arrest which result in an
2		order of supervision or a conviction for the following
3		offenses:
4		(i) offenses included in Article 11 of the
5		Criminal Code of 1961 or the Criminal Code of 2012
6		or a similar provision of a local ordinance, except
7		Section 11-14 of the Criminal Code of 1961 or the
8		Criminal Code of 2012, or a similar provision of a
9		local ordinance;
10		(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
11		26-5, or 48-1 of the Criminal Code of 1961 or the
12		Criminal Code of 2012, or a similar provision of a
13		local ordinance;
14		(iii) Sections 12-3.1 or 12-3.2 of the
15		Criminal Code of 1961 or the Criminal Code of 2012,
16		or Section 125 of the Stalking No Contact Order
17		Act, or Section 219 of the Civil No Contact Order
18		Act, or a similar provision of a local ordinance;
19		(iv) offenses which are Class A misdemeanors
20		under the Humane Care for Animals Act; or
21		(v) any offense or attempted offense that
22		would subject a person to registration under the
23		Sex Offender Registration Act.
24		(D) the sealing of the records of an arrest which
25		results in the petitioner being charged with a felony
26		offense or records of a charge not initiated by arrest

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1		for a felony offense unless:
2		(i) the charge is amended to a misdemeanor and
3		is otherwise eligible to be sealed pursuant to
4		subsection (c);
5		(ii) the charge is brought along with another
6		charge as a part of one case and the charge results
7		in acquittal, dismissal, or conviction when the
8		conviction was reversed or vacated, and another
9		charge brought in the same case results in a
10		disposition for a misdemeanor offense that is
11		eligible to be sealed pursuant to subsection (c) or
12		a disposition listed in paragraph (i), (iii), or
13		(iv) of this subsection;
14		(iii) the charge results in first offender
15		probation as set forth in subsection (c)(2)(E);
16		(iv) the charge is for a felony offense listed
17		in subsection (c)(2)(F) or the charge is amended to
18		a felony offense listed in subsection (c)(2)(F);
19		(v) the charge results in acquittal,
20		dismissal, or the petitioner's release without
21		conviction; or
22		(vi) the charge results in a conviction, but
23		the conviction was reversed or vacated.
24		(b) Expungement.
25		(1) A petitioner may petition the circuit court to
26		expunge the records of his or her arrests and charges not

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1		initiated by arrest when:
2		(A) He or she has never been convicted of a
3		criminal offense; and
4		(B) Each arrest or charge not initiated by arrest
5		sought to be expunged resulted in: (i) acquittal,
6		dismissal, or the petitioner's release without
7		charging, unless excluded by subsection (a)(3)(B);
8		(ii) a conviction which was vacated or reversed, unless
9		excluded by subsection (a)(3)(B); (iii) an order of
10		supervision and such supervision was successfully
11		completed by the petitioner, unless excluded by
12		subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
13		qualified probation (as defined in subsection
14		(a)(1)(J)) and such probation was successfully
15		completed by the petitioner.
16		(2) Time frame for filing a petition to expunge.
17		(A) When the arrest or charge not initiated by
18		arrest sought to be expunged resulted in an acquittal,
19		dismissal, the petitioner's release without charging,
20		or the reversal or vacation of a conviction, there is
21		no waiting period to petition for the expungement of
22		such records.
23		(B) When the arrest or charge not initiated by
24		arrest sought to be expunged resulted in an order of
25		supervision, successfully completed by the petitioner,
26		the following time frames will apply:

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1		(i) Those arrests or charges that resulted in
2		orders of supervision under Section 3-707, 3-708,
3		3-710, or 5-401.3 of the Illinois Vehicle Code or a
4		similar provision of a local ordinance, or under
5		Section 11-1.50, 12-3.2, or 12-15 of the Criminal
6		Code of 1961 or the Criminal Code of 2012, or a
7		similar provision of a local ordinance, shall not
8		be eligible for expungement until 5 years have
9		passed following the satisfactory termination of
10		the supervision.
11		(i-5) Those arrests or charges that resulted
12		in orders of supervision for a misdemeanor
13		violation of subsection (a) of Section 11-503 of
14		the Illinois Vehicle Code or a similar provision of
15		a local ordinance, that occurred prior to the
16		offender reaching the age of 25 years and the
17		offender has no other conviction for violating
18		Section 11-501 or 11-503 of the Illinois Vehicle
19		Code or a similar provision of a local ordinance
20		shall not be eligible for expungement until the
21		petitioner has reached the age of 25 years.
22		(ii) Those arrests or charges that resulted in
23		orders of supervision for any other offenses shall
24		not be eligible for expungement until 2 years have
25		passed following the satisfactory termination of
26		the supervision.

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1		(C) When the arrest or charge not initiated by
2		arrest sought to be expunged resulted in an order of
3		qualified probation, successfully completed by the
4		petitioner, such records shall not be eligible for
5		expungement until 5 years have passed following the
6		satisfactory termination of the probation.
7		(3) Those records maintained by the Department for
8		persons arrested prior to their 17th birthday shall be
9		expunged as provided in Section 5-915 of the Juvenile Court
10		Act of 1987.
11		(4) Whenever a person has been arrested for or
12		convicted of any offense, in the name of a person whose
13		identity he or she has stolen or otherwise come into
14		possession of, the aggrieved person from whom the identity
15		was stolen or otherwise obtained without authorization,
16		upon learning of the person having been arrested using his
17		or her identity, may, upon verified petition to the chief
18		judge of the circuit wherein the arrest was made, have a
19		court order entered nunc pro tunc by the Chief Judge to
20		correct the arrest record, conviction record, if any, and
21		all official records of the arresting authority, the
22		Department, other criminal justice agencies, the
23		prosecutor, and the trial court concerning such arrest, if
24		any, by removing his or her name from all such records in
25		connection with the arrest and conviction, if any, and by
26		inserting in the records the name of the offender, if known

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1		or ascertainable, in lieu of the aggrieved's name. The
2		records of the circuit court clerk shall be sealed until
3		further order of the court upon good cause shown and the
4		name of the aggrieved person obliterated on the official
5		index required to be kept by the circuit court clerk under
6		Section 16 of the Clerks of Courts Act, but the order shall
7		not affect any index issued by the circuit court clerk
8		before the entry of the order. Nothing in this Section
9		shall limit the Department of State Police or other
10		criminal justice agencies or prosecutors from listing
11		under an offender's name the false names he or she has
12		used.
13		(5) Whenever a person has been convicted of criminal
14		sexual assault, aggravated criminal sexual assault,
15		predatory criminal sexual assault of a child, criminal
16		sexual abuse, or aggravated criminal sexual abuse, the
17		victim of that offense may request that the State's
18		Attorney of the county in which the conviction occurred
19		file a verified petition with the presiding trial judge at
20		the petitioner's trial to have a court order entered to
21		seal the records of the circuit court clerk in connection
22		with the proceedings of the trial court concerning that
23		offense. However, the records of the arresting authority
24		and the Department of State Police concerning the offense
25		shall not be sealed. The court, upon good cause shown,
26		shall make the records of the circuit court clerk in

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1		connection with the proceedings of the trial court
2		concerning the offense available for public inspection.
3		(6) If a conviction has been set aside on direct review
4		or on collateral attack and the court determines by clear
5		and convincing evidence that the petitioner was factually
6		innocent of the charge, the court that finds the petitioner
7		factually innocent of the charge shall enter an expungement
8		order for the conviction for which the petitioner has been
9		determined to be innocent as provided in subsection (b) of
10		Section 5-5-4 of the Unified Code of Corrections.
11		(7) Nothing in this Section shall prevent the
12		Department of State Police from maintaining all records of
13		any person who is admitted to probation upon terms and
14		conditions and who fulfills those terms and conditions
15		pursuant to Section 10 of the Cannabis Control Act, Section
16		410 of the Illinois Controlled Substances Act, Section 70
17		of the Methamphetamine Control and Community Protection
18		Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
19		Corrections, Section 12-4.3 or subdivision (b)(1) of
20		Section 12-3.05 of the Criminal Code of 1961 or the
21		Criminal Code of 2012, Section 10-102 of the Illinois
22		Alcoholism and Other Drug Dependency Act, Section 40-10 of
23		the Alcoholism and Other Drug Abuse and Dependency Act, or
24		Section 10 of the Steroid Control Act.
25		(8) If the petitioner has been granted a certificate of
26		innocence under Section 2-702 of the Code of Civil

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1		Procedure, the court that grants the certificate of
2		innocence shall also enter an order expunging the
3		conviction for which the petitioner has been determined to
4		be innocent as provided in subsection (h) of Section 2-702
5		of the Code of Civil Procedure.
6		(c) Sealing.
7		(1) Applicability. Notwithstanding any other provision
8		of this Act to the contrary, and cumulative with any rights
9		to expungement of criminal records, this subsection
10		authorizes the sealing of criminal records of adults and of
11		minors prosecuted as adults.
12		(2) Eligible Records. The following records may be
13		sealed:
14		(A) All arrests resulting in release without
15		charging;
16		(B) Arrests or charges not initiated by arrest
17		resulting in acquittal, dismissal, or conviction when
18		the conviction was reversed or vacated, except as
19		excluded by subsection (a)(3)(B);
20		(C) Arrests or charges not initiated by arrest
21		resulting in orders of supervision, including orders
22		of supervision for municipal ordinance violations,
23		successfully completed by the petitioner, unless
24		excluded by subsection (a)(3);
25		(D) Arrests or charges not initiated by arrest
26		resulting in convictions, including convictions on

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1		municipal ordinance violations, unless excluded by
2		subsection (a)(3);
3		(E) Arrests or charges not initiated by arrest
4		resulting in orders of first offender probation under
5		Section 10 of the Cannabis Control Act, Section 410 of
6		the Illinois Controlled Substances Act, Section 70 of
7		the Methamphetamine Control and Community Protection
8		Act, or Section 5-6-3.3 of the Unified Code of
9		Corrections; and
10		(F) Arrests or charges not initiated by arrest
11		resulting in felony convictions for the following
12		offenses:
13		(i) Class 4 felony convictions for:
14		Prostitution under Section 11-14 of the
15		Criminal Code of 1961 or the Criminal Code of
16		2012.
17		Possession of cannabis under Section 4 of
18		the Cannabis Control Act.
19		Possession of a controlled substance under
20		Section 402 of the Illinois Controlled
21		Substances Act.
22		Offenses under the Methamphetamine
23		Precursor Control Act.
24		Offenses under the Steroid Control Act.
25		Theft under Section 16-1 of the Criminal
26		Code of 1961 or the Criminal Code of 2012.

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1		Retail theft under Section 16A-3 or
2		paragraph (a) of 16-25 of the Criminal Code of
3		1961 or the Criminal Code of 2012.
4		Deceptive practices under Section 17-1 of
5		the Criminal Code of 1961 or the Criminal Code
6		of 2012.
7		Forgery under Section 17-3 of the Criminal
8		Code of 1961 or the Criminal Code of 2012.
9		Possession of burglary tools under Section
10		19-2 of the Criminal Code of 1961 or the
11		Criminal Code of 2012.
12		(ii) Class 3 felony convictions for:
13		Theft under Section 16-1 of the Criminal
14		Code of 1961 or the Criminal Code of 2012.
15		Retail theft under Section 16A-3 or
16		paragraph (a) of 16-25 of the Criminal Code of
17		1961 or the Criminal Code of 2012.
18		Deceptive practices under Section 17-1 of
19		the Criminal Code of 1961 or the Criminal Code
20		of 2012.
21		Forgery under Section 17-3 of the Criminal
22		Code of 1961 or the Criminal Code of 2012.
23		Possession with intent to manufacture or
24		deliver a controlled substance under Section
25		401 of the Illinois Controlled Substances Act.
26		(3) When Records Are Eligible to Be Sealed. Records

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1		identified as eligible under subsection (c)(2) may be
2		sealed as follows:
3		(A) Records identified as eligible under
4		subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
5		time.
6		(B) Except as otherwise provided in subparagraph
7		(E) of this paragraph (3), records identified as
8		eligible under subsection (c)(2)(C) may be sealed 2
9		years after the termination of petitioner's last
10		sentence (as defined in subsection (a)(1)(F)).
11		(C) Except as otherwise provided in subparagraph
12		(E) of this paragraph (3), records identified as
13		eligible under subsections (c)(2)(D), (c)(2)(E), and
14		(c)(2)(F) may be sealed 3 years after the termination
15		of the petitioner's last sentence (as defined in
16		subsection (a)(1)(F)).
17		(D) Records identified in subsection
18		(a)(3)(A)(iii) may be sealed after the petitioner has
19		reached the age of 25 years.
20		(E) Records identified as eligible under
21		subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
22		(c)(2)(F) may be sealed upon termination of the
23		petitioner's last sentence if the petitioner earned a
24		high school diploma, associate's degree, career
25		certificate, vocational technical certification, or
26		bachelor's degree, or passed the high school level Test

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1		of General Educational Development, during the period
2		of his or her sentence, aftercare release, or mandatory
3		supervised release. This subparagraph shall apply only
4		to a petitioner who has not completed the same
5		educational goal prior to the period of his or her
6		sentence, aftercare release, or mandatory supervised
7		release. If a petition for sealing eligible records
8		filed under this subparagraph is denied by the court,
9		the time periods under subparagraph (B) or (C) shall
10		apply to any subsequent petition for sealing filed by
11		the petitioner.
12		(4) Subsequent felony convictions. A person may not
13		have subsequent felony conviction records sealed as
14		provided in this subsection (c) if he or she is convicted
15		of any felony offense after the date of the sealing of
16		prior felony convictions as provided in this subsection
17		(c). The court may, upon conviction for a subsequent felony
18		offense, order the unsealing of prior felony conviction
19		records previously ordered sealed by the court.
20		(5) Notice of eligibility for sealing. Upon entry of a
21		disposition for an eligible record under this subsection
22		(c), the petitioner shall be informed by the court of the
23		right to have the records sealed and the procedures for the
24		sealing of the records.
25		(d) Procedure. The following procedures apply to
26		expungement under subsections (b), (e), and (e-6) and sealing

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1		under subsections (c) and (e-5):
2		(1) Filing the petition. Upon becoming eligible to
3		petition for the expungement or sealing of records under
4		this Section, the petitioner shall file a petition
5		requesting the expungement or sealing of records with the
6		clerk of the court where the arrests occurred or the
7		charges were brought, or both. If arrests occurred or
8		charges were brought in multiple jurisdictions, a petition
9		must be filed in each such jurisdiction. The petitioner
10		shall pay the applicable fee, if not waived.
11		(2) Contents of petition. The petition shall be
12		verified and shall contain the petitioner's name, date of
13		birth, current address and, for each arrest or charge not
14		initiated by arrest sought to be sealed or expunged, the
15		case number, the date of arrest (if any), the identity of
16		the arresting authority, and such other information as the
17		court may require. During the pendency of the proceeding,
18		the petitioner shall promptly notify the circuit court
19		clerk of any change of his or her address. If the
20		petitioner has received a certificate of eligibility for
21		sealing from the Prisoner Review Board under paragraph (10)
22		of subsection (a) of Section 3-3-2 of the Unified Code of
23		Corrections, the certificate shall be attached to the
24		petition.
25		(3) Drug test. The petitioner must attach to the
26		petition proof that the petitioner has passed a test taken

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1		within 30 days before the filing of the petition showing
2		the absence within his or her body of all illegal
3		substances as defined by the Illinois Controlled
4		Substances Act, the Methamphetamine Control and Community
5		Protection Act, and the Cannabis Control Act if he or she
6		is petitioning to:
7		(A) seal felony records under clause (c)(2)(E);
8		(B) seal felony records for a violation of the
9		Illinois Controlled Substances Act, the
10		Methamphetamine Control and Community Protection Act,
11		or the Cannabis Control Act under clause (c)(2)(F);
12		(C) seal felony records under subsection (e-5); or
13		(D) expunge felony records of a qualified
14		probation under clause (b)(1)(B)(iv).
15		(4) Service of petition. The circuit court clerk shall
16		promptly serve a copy of the petition and documentation to
17		support the petition under subsection (e-5) or (e-6) on the
18		State's Attorney or prosecutor charged with the duty of
19		prosecuting the offense, the Department of State Police,
20		the arresting agency and the chief legal officer of the
21		unit of local government effecting the arrest.
22		(5) Objections.
23		(A) Any party entitled to notice of the petition
24		may file an objection to the petition. All objections
25		shall be in writing, shall be filed with the circuit
26		court clerk, and shall state with specificity the basis

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1		of the objection. Whenever a person who has been
2		convicted of an offense is granted a pardon by the
3		Governor which specifically authorizes expungement, an
4		objection to the petition may not be filed.
5		(B) Objections to a petition to expunge or seal
6		must be filed within 60 days of the date of service of
7		the petition.
8		(6) Entry of order.
9		(A) The Chief Judge of the circuit wherein the
10		charge was brought, any judge of that circuit
11		designated by the Chief Judge, or in counties of less
12		than 3,000,000 inhabitants, the presiding trial judge
13		at the petitioner's trial, if any, shall rule on the
14		petition to expunge or seal as set forth in this
15		subsection (d)(6).
16		(B) Unless the State's Attorney or prosecutor, the
17		Department of State Police, the arresting agency, or
18		the chief legal officer files an objection to the
19		petition to expunge or seal within 60 days from the
20		date of service of the petition, the court shall enter
21		an order granting or denying the petition.
22		(7) Hearings. If an objection is filed, the court shall
23		set a date for a hearing and notify the petitioner and all
24		parties entitled to notice of the petition of the hearing
25		date at least 30 days prior to the hearing. Prior to the
26		hearing, the State's Attorney shall consult with the

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1		Department as to the appropriateness of the relief sought
2		in the petition to expunge or seal. At the hearing, the
3		court shall hear evidence on whether the petition should or
4		should not be granted, and shall grant or deny the petition
5		to expunge or seal the records based on the evidence
6		presented at the hearing. The court may consider the
7		following:
8		(A) the strength of the evidence supporting the
9		defendant's conviction;
10		(B) the reasons for retention of the conviction
11		records by the State;
12		(C) the petitioner's age, criminal record history,
13		and employment history;
14		(D) the period of time between the petitioner's
15		arrest on the charge resulting in the conviction and
16		the filing of the petition under this Section; and
17		(E) the specific adverse consequences the
18		petitioner may be subject to if the petition is denied.
19		(8) Service of order. After entering an order to
20		expunge or seal records, the court must provide copies of
21		the order to the Department, in a form and manner
22		prescribed by the Department, to the petitioner, to the
23		State's Attorney or prosecutor charged with the duty of
24		prosecuting the offense, to the arresting agency, to the
25		chief legal officer of the unit of local government
26		effecting the arrest, and to such other criminal justice

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1		agencies as may be ordered by the court.
2		(9) Implementation of order.
3		(A) Upon entry of an order to expunge records
4		pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
5		(i) the records shall be expunged (as defined
6		in subsection (a)(1)(E)) by the arresting agency,
7		the Department, and any other agency as ordered by
8		the court, within 60 days of the date of service of
9		the order, unless a motion to vacate, modify, or
10		reconsider the order is filed pursuant to
11		paragraph (12) of subsection (d) of this Section;
12		(ii) the records of the circuit court clerk
13		shall be impounded until further order of the court
14		upon good cause shown and the name of the
15		petitioner obliterated on the official index
16		required to be kept by the circuit court clerk
17		under Section 16 of the Clerks of Courts Act, but
18		the order shall not affect any index issued by the
19		circuit court clerk before the entry of the order;
20		and
21		(iii) in response to an inquiry for expunged
22		records, the court, the Department, or the agency
23		receiving such inquiry, shall reply as it does in
24		response to inquiries when no records ever
25		existed.
26		(B) Upon entry of an order to expunge records

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1		pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
2		(i) the records shall be expunged (as defined
3		in subsection (a)(1)(E)) by the arresting agency
4		and any other agency as ordered by the court,
5		within 60 days of the date of service of the order,
6		unless a motion to vacate, modify, or reconsider
7		the order is filed pursuant to paragraph (12) of
8		subsection (d) of this Section;
9		(ii) the records of the circuit court clerk
10		shall be impounded until further order of the court
11		upon good cause shown and the name of the
12		petitioner obliterated on the official index
13		required to be kept by the circuit court clerk
14		under Section 16 of the Clerks of Courts Act, but
15		the order shall not affect any index issued by the
16		circuit court clerk before the entry of the order;
17		(iii) the records shall be impounded by the
18		Department within 60 days of the date of service of
19		the order as ordered by the court, unless a motion
20		to vacate, modify, or reconsider the order is filed
21		pursuant to paragraph (12) of subsection (d) of
22		this Section;
23		(iv) records impounded by the Department may
24		be disseminated by the Department only as required
25		by law or to the arresting authority, the State's
26		Attorney, and the court upon a later arrest for the

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1		same or a similar offense or for the purpose of
2		sentencing for any subsequent felony, and to the
3		Department of Corrections upon conviction for any
4		offense; and
5		(v) in response to an inquiry for such records
6		from anyone not authorized by law to access such
7		records, the court, the Department, or the agency
8		receiving such inquiry shall reply as it does in
9		response to inquiries when no records ever
10		existed.
11		(B-5) Upon entry of an order to expunge records
12		under subsection (e-6):
13		(i) the records shall be expunged (as defined
14		in subsection (a)(1)(E)) by the arresting agency
15		and any other agency as ordered by the court,
16		within 60 days of the date of service of the order,
17		unless a motion to vacate, modify, or reconsider
18		the order is filed under paragraph (12) of
19		subsection (d) of this Section;
20		(ii) the records of the circuit court clerk
21		shall be impounded until further order of the court
22		upon good cause shown and the name of the
23		petitioner obliterated on the official index
24		required to be kept by the circuit court clerk
25		under Section 16 of the Clerks of Courts Act, but
26		the order shall not affect any index issued by the

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1		circuit court clerk before the entry of the order;
2		(iii) the records shall be impounded by the
3		Department within 60 days of the date of service of
4		the order as ordered by the court, unless a motion
5		to vacate, modify, or reconsider the order is filed
6		under paragraph (12) of subsection (d) of this
7		Section;
8		(iv) records impounded by the Department may
9		be disseminated by the Department only as required
10		by law or to the arresting authority, the State's
11		Attorney, and the court upon a later arrest for the
12		same or a similar offense or for the purpose of
13		sentencing for any subsequent felony, and to the
14		Department of Corrections upon conviction for any
15		offense; and
16		(v) in response to an inquiry for these records
17		from anyone not authorized by law to access the
18		records, the court, the Department, or the agency
19		receiving the inquiry shall reply as it does in
20		response to inquiries when no records ever
21		existed.
22		(C) Upon entry of an order to seal records under
23		subsection (c), the arresting agency, any other agency
24		as ordered by the court, the Department, and the court
25		shall seal the records (as defined in subsection
26		(a)(1)(K)). In response to an inquiry for such records,

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1		from anyone not authorized by law to access such
2		records, the court, the Department, or the agency
3		receiving such inquiry shall reply as it does in
4		response to inquiries when no records ever existed.
5		(D) The Department shall send written notice to the
6		petitioner of its compliance with each order to expunge
7		or seal records within 60 days of the date of service
8		of that order or, if a motion to vacate, modify, or
9		reconsider is filed, within 60 days of service of the
10		order resolving the motion, if that order requires the
11		Department to expunge or seal records. In the event of
12		an appeal from the circuit court order, the Department
13		shall send written notice to the petitioner of its
14		compliance with an Appellate Court or Supreme Court
15		judgment to expunge or seal records within 60 days of
16		the issuance of the court's mandate. The notice is not
17		required while any motion to vacate, modify, or
18		reconsider, or any appeal or petition for
19		discretionary appellate review, is pending.
20		(10) Fees. The Department may charge the petitioner a
21		fee equivalent to the cost of processing any order to
22		expunge or seal records. Notwithstanding any provision of
23		the Clerks of Courts Act to the contrary, the circuit court
24		clerk may charge a fee equivalent to the cost associated
25		with the sealing or expungement of records by the circuit
26		court clerk. From the total filing fee collected for the

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1		petition to seal or expunge, the circuit court clerk shall
2		deposit $10 into the Circuit Court Clerk Operation and
3		Administrative Fund, to be used to offset the costs
4		incurred by the circuit court clerk in performing the
5		additional duties required to serve the petition to seal or
6		expunge on all parties. The circuit court clerk shall
7		collect and forward the Department of State Police portion
8		of the fee to the Department and it shall be deposited in
9		the State Police Services Fund.
10		(11) Final Order. No court order issued under the
11		expungement or sealing provisions of this Section shall
12		become final for purposes of appeal until 30 days after
13		service of the order on the petitioner and all parties
14		entitled to notice of the petition.
15		(12) Motion to Vacate, Modify, or Reconsider. Under
16		Section 2-1203 of the Code of Civil Procedure, the
17		petitioner or any party entitled to notice may file a
18		motion to vacate, modify, or reconsider the order granting
19		or denying the petition to expunge or seal within 60 days
20		of service of the order. If filed more than 60 days after
21		service of the order, a petition to vacate, modify, or
22		reconsider shall comply with subsection (c) of Section
23		2-1401 of the Code of Civil Procedure. Upon filing of a
24		motion to vacate, modify, or reconsider, notice of the
25		motion shall be served upon the petitioner and all parties
26		entitled to notice of the petition.

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1		(13) Effect of Order. An order granting a petition
2		under the expungement or sealing provisions of this Section
3		shall not be considered void because it fails to comply
4		with the provisions of this Section or because of any error
5		asserted in a motion to vacate, modify, or reconsider. The
6		circuit court retains jurisdiction to determine whether
7		the order is voidable and to vacate, modify, or reconsider
8		its terms based on a motion filed under paragraph (12) of
9		this subsection (d).
10		(14) Compliance with Order Granting Petition to Seal
11		Records. Unless a court has entered a stay of an order
12		granting a petition to seal, all parties entitled to notice
13		of the petition must fully comply with the terms of the
14		order within 60 days of service of the order even if a
15		party is seeking relief from the order through a motion
16		filed under paragraph (12) of this subsection (d) or is
17		appealing the order.
18		(15) Compliance with Order Granting Petition to
19		Expunge Records. While a party is seeking relief from the
20		order granting the petition to expunge through a motion
21		filed under paragraph (12) of this subsection (d) or is
22		appealing the order, and unless a court has entered a stay
23		of that order, the parties entitled to notice of the
24		petition must seal, but need not expunge, the records until
25		there is a final order on the motion for relief or, in the
26		case of an appeal, the issuance of that court's mandate.

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1		(16) The changes to this subsection (d) made by Public
2		Act 98-163 apply to all petitions pending on August 5, 2013
3		(the effective date of Public Act 98-163) and to all orders
4		ruling on a petition to expunge or seal on or after August
5		5, 2013 (the effective date of Public Act 98-163).
6		(e) Whenever a person who has been convicted of an offense
7		is granted a pardon by the Governor which specifically
8		authorizes expungement, he or she may, upon verified petition
9		to the Chief Judge of the circuit where the person had been
10		convicted, any judge of the circuit designated by the Chief
11		Judge, or in counties of less than 3,000,000 inhabitants, the
12		presiding trial judge at the defendant's trial, have a court
13		order entered expunging the record of arrest from the official
14		records of the arresting authority and order that the records
15		of the circuit court clerk and the Department be sealed until
16		further order of the court upon good cause shown or as
17		otherwise provided herein, and the name of the defendant
18		obliterated from the official index requested to be kept by the
19		circuit court clerk under Section 16 of the Clerks of Courts
20		Act in connection with the arrest and conviction for the
21		offense for which he or she had been pardoned but the order
22		shall not affect any index issued by the circuit court clerk
23		before the entry of the order. All records sealed by the
24		Department may be disseminated by the Department only to the
25		arresting authority, the State's Attorney, and the court upon a
26		later arrest for the same or similar offense or for the purpose

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1		of sentencing for any subsequent felony. Upon conviction for
2		any subsequent offense, the Department of Corrections shall
3		have access to all sealed records of the Department pertaining
4		to that individual. Upon entry of the order of expungement, the
5		circuit court clerk shall promptly mail a copy of the order to
6		the person who was pardoned.
7		(e-5) Whenever a person who has been convicted of an
8		offense is granted a certificate of eligibility for sealing by
9		the Prisoner Review Board which specifically authorizes
10		sealing, he or she may, upon verified petition to the Chief
11		Judge of the circuit where the person had been convicted, any
12		judge of the circuit designated by the Chief Judge, or in
13		counties of less than 3,000,000 inhabitants, the presiding
14		trial judge at the petitioner's trial, have a court order
15		entered sealing the record of arrest from the official records
16		of the arresting authority and order that the records of the
17		circuit court clerk and the Department be sealed until further
18		order of the court upon good cause shown or as otherwise
19		provided herein, and the name of the petitioner obliterated
20		from the official index requested to be kept by the circuit
21		court clerk under Section 16 of the Clerks of Courts Act in
22		connection with the arrest and conviction for the offense for
23		which he or she had been granted the certificate but the order
24		shall not affect any index issued by the circuit court clerk
25		before the entry of the order. All records sealed by the
26		Department may be disseminated by the Department only as

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1		required by this Act or to the arresting authority, a law
2		enforcement agency, the State's Attorney, and the court upon a
3		later arrest for the same or similar offense or for the purpose
4		of sentencing for any subsequent felony. Upon conviction for
5		any subsequent offense, the Department of Corrections shall
6		have access to all sealed records of the Department pertaining
7		to that individual. Upon entry of the order of sealing, the
8		circuit court clerk shall promptly mail a copy of the order to
9		the person who was granted the certificate of eligibility for
10		sealing.
11		(e-6) Whenever a person who has been convicted of an
12		offense is granted a certificate of eligibility for expungement
13		by the Prisoner Review Board which specifically authorizes
14		expungement, he or she may, upon verified petition to the Chief
15		Judge of the circuit where the person had been convicted, any
16		judge of the circuit designated by the Chief Judge, or in
17		counties of less than 3,000,000 inhabitants, the presiding
18		trial judge at the petitioner's trial, have a court order
19		entered expunging the record of arrest from the official
20		records of the arresting authority and order that the records
21		of the circuit court clerk and the Department be sealed until
22		further order of the court upon good cause shown or as
23		otherwise provided herein, and the name of the petitioner
24		obliterated from the official index requested to be kept by the
25		circuit court clerk under Section 16 of the Clerks of Courts
26		Act in connection with the arrest and conviction for the

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1		offense for which he or she had been granted the certificate
2		but the order shall not affect any index issued by the circuit
3		court clerk before the entry of the order. All records sealed
4		by the Department may be disseminated by the Department only as
5		required by this Act or to the arresting authority, a law
6		enforcement agency, the State's Attorney, and the court upon a
7		later arrest for the same or similar offense or for the purpose
8		of sentencing for any subsequent felony. Upon conviction for
9		any subsequent offense, the Department of Corrections shall
10		have access to all expunged records of the Department
11		pertaining to that individual. Upon entry of the order of
12		expungement, the circuit court clerk shall promptly mail a copy
13		of the order to the person who was granted the certificate of
14		eligibility for expungement.
15		(f) Subject to available funding, the Illinois Department
16		of Corrections shall conduct a study of the impact of sealing,
17		especially on employment and recidivism rates, utilizing a
18		random sample of those who apply for the sealing of their
19		criminal records under Public Act 93-211. At the request of the
20		Illinois Department of Corrections, records of the Illinois
21		Department of Employment Security shall be utilized as
22		appropriate to assist in the study. The study shall not
23		disclose any data in a manner that would allow the
24		identification of any particular individual or employing unit.
25		The study shall be made available to the General Assembly no
26		later than September 1, 2010.

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1		(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
2		eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
3		eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
4		98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
5		99-385, eff. 1-1-16; revised 10-15-15.)
6		Section 110. The Department of Transportation Law of the
7		Civil Administrative Code of Illinois is amended by changing
8		Sections 2705-565 and 2705-605 as follows:
9		(20 ILCS 2705/2705-565)
10		Sec. 2705-565. North Chicago property; study; conveyance.
11		(a) The Department shall perform a study of property owned
12		by the Department consisting of approximately 160 acres located
13		in North Chicago, south of IL Route 137, between IL Route 43
14		and US Route 41. The study shall include, but not be limited
15		to, a survey of the property for the purpose of delineating
16		jurisdictional wetlands in accordance with the Interagency
17		Wetland Policy Act of 1989 and identifying threatened and
18		endangered species in accordance with the Illinois Endangered
19		Species Protection Act, for the purpose of identifying property
20		no longer needed for highway purposes.
21		(b) Upon completion of the study and for a period ending 3
22		years after the effective date of this amendatory Act of the
23		94th General Assembly, the City of North Chicago shall have an
24		exclusive option to purchase for public purposes those portions

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1		of the property no longer needed for highway purposes for a
2		consideration, which may be de minimis minimus, negotiated by
3		the parties. The Department of Transportation is authorized to
4		convey the excess property to the City of North Chicago
5		pursuant to this Section within 3 years after the effective
6		date of this amendatory Act of the 94th General Assembly, but
7		may not otherwise convey or transfer the property during that
8		period.
9		(c) Any conveyance to the City of North Chicago under this
10		Section shall provide (i) that title to the property reverts to
11		the State of Illinois if the property ceases to be used for
12		public purposes and (ii) the City of North Chicago may lease
13		the property but may not convey its ownership of the property
14		to any party, other than the State of Illinois.
15		(Source: P.A. 94-1045, eff. 7-24-06; revised 10-19-15.)
16		(20 ILCS 2705/2705-605)
17		Sec. 2705-605. Construction projects; notification of the
18		public.
19		(a) The Department shall develop and publish a policy for
20		the notification of members of the public prior to the
21		commencement of construction projects which impact their
22		communities. The policy shall include procedures for ensuring
23		that the public is informed of construction projects, excluding
24		emergency projects, which are estimated to require the closure
25		of a street or lane of traffic for a period longer than 5

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1		consecutive business days. The policy shall include procedures
2		for the notification of local public officials and affected
3		businesses of affected communities and shall provide the local
4		public officials the opportunity to request a meeting with the
5		Department prior to the initiation of the closure.
6		(b) The policy shall be completed and published on the
7		Department's Internet website by January 1, 2013.
8		(c) The Department shall work with affected stakeholders,
9		including residents, businesses, and other community members,
10		before and during construction by considering various methods
11		to mitigate and reduce project impacts to better serve those
12		directly impacted by the improvement. Those methods could
13		include, but need not be limited to, detour routing and
14		temporary signage.
15		(Source: P.A. 97-992, eff. 1-1-13; 98-412, eff. 1-1-14; revised
16		10-19-15.)
17		Section 115. The Department of Veterans Affairs Act is
18		amended by changing Section 2.01 as follows:
19		(20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
20		Sec. 2.01. Veterans Home admissions.
21		(a) Any honorably discharged veteran is entitled to
22		admission to an Illinois Veterans Home if the applicant meets
23		the requirements of this Section.
24		(b) The veteran must:

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1		(1) have served in the armed forces of the United
2		States at least 1 day in World War II, the Korean Conflict,
3		the Viet Nam Campaign, or the Persian Gulf Conflict between
4		the dates recognized by the U.S. Department of Veterans
5		Affairs or between any other present or future dates
6		recognized by the U.S. Department of Veterans Affairs as a
7		war period, or have served in a hostile fire environment
8		and has been awarded a campaign or expeditionary medal
9		signifying his or her service, for purposes of eligibility
10		for domiciliary or nursing home care;
11		(2) have served and been honorably discharged or
12		retired from the armed forces of the United States for a
13		service connected disability or injury, for purposes of
14		eligibility for domiciliary or nursing home care;
15		(3) have served as an enlisted person at least 90 days
16		on active duty in the armed forces of the United States,
17		excluding service on active duty for training purposes
18		only, and entered active duty before September 8, 1980, for
19		purposes of eligibility for domiciliary or nursing home
20		care;
21		(4) have served as an officer at least 90 days on
22		active duty in the armed forces of the United States,
23		excluding service on active duty for training purposes
24		only, and entered active duty before October 17, 1981, for
25		purposes of eligibility for domiciliary or nursing home
26		care;

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1		(5) have served on active duty in the armed forces of
2		the United States for 24 months of continuous service or
3		more, excluding active duty for training purposes only, and
4		enlisted after September 7, 1980, for purposes of
5		eligibility for domiciliary or nursing home care;
6		(6) have served as a reservist in the armed forces of
7		the United States or the National Guard and the service
8		included being called to federal active duty, excluding
9		service on active duty for training purposes only, and who
10		completed the term, for purposes of eligibility for
11		domiciliary or nursing home care;
12		(7) have been discharged for reasons of hardship or
13		released from active duty due to a reduction in the United
14		States armed forces prior to the completion of the required
15		period of service, regardless of the actual time served,
16		for purposes of eligibility for domiciliary or nursing home
17		care; or
18		(8) have served in the National Guard or Reserve Forces
19		of the United States and completed 20 years of satisfactory
20		service, be otherwise eligible to receive reserve or active
21		duty retirement benefits, and have been an Illinois
22		resident for at least one year before applying for
23		admission for purposes of eligibility for domiciliary care
24		only.
25		(c) The veteran must have service accredited to the State
26		of Illinois or have been a resident of this State for one year

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1		immediately preceding the date of application.
2		(d) For admission to the Illinois Veterans Homes at Anna
3		and Quincy, the veteran must have developed a disability by
4		disease, wounds, or otherwise and because of the disability be
5		incapable of earning a living.
6		(e) For admission to the Illinois Veterans Homes at LaSalle
7		and Manteno, the veteran must have developed a disability by
8		disease, wounds, or otherwise and, for purposes of eligibility
9		for nursing home care, require nursing care because of the
10		disability.
11		(f) An individual who served during a time of conflict as
12		set forth in paragraph (1) of subsection (b) subsection (a)(1)
13		of this Section has preference over all other qualifying
14		candidates, for purposes of eligibility for domiciliary or
15		nursing home care at any Illinois Veterans Home.
16		(g) A veteran or spouse, once admitted to an Illinois
17		Veterans Home facility, is considered a resident for
18		interfacility purposes.
19		(Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15;
20		revised 10-19-15.)
21		Section 120. The Historic Preservation Agency Act is
22		amended by changing Section 16 as follows:
23		(20 ILCS 3405/16) (from Ch. 127, par. 2716)
24		Sec. 16. The Historic Sites and Preservation Division of

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1		the Agency shall have the following additional powers:
2		(a) To hire agents and employees necessary to carry out the
3		duties and purposes of the Historic Sites and Preservation
4		Division of the Agency.
5		(b) To take all measures necessary to erect, maintain,
6		preserve, restore, and conserve all State Historic Sites and
7		State Memorials, except when supervision and maintenance is
8		otherwise provided by law. This authorization includes the
9		power, with the consent of the Board, to enter into contracts,
10		acquire and dispose of real and personal property, and enter
11		into leases of real and personal property. The Agency has the
12		power to acquire, for purposes authorized by law, any real
13		property in fee simple subject to a life estate in the seller
14		in not more than 3 acres of the real property acquired, subject
15		to the restrictions that the life estate shall be used for
16		residential purposes only and that it shall be
17		non-transferable.
18		(c) To provide recreational facilities, including
19		campsites camp sites, lodges and cabins, trails, picnic areas,
20		and related recreational facilities, at all sites under the
21		jurisdiction of the Agency.
22		(d) To lay out, construct, and maintain all needful roads,
23		parking areas, paths or trails, bridges, camp or lodge sites,
24		picnic areas, lodges and cabins, and any other structures and
25		improvements necessary and appropriate in any State historic
26		site or easement thereto; and to provide water supplies, heat

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1		and light, and sanitary facilities for the public and living
2		quarters for the custodians and keepers of State historic
3		sites.
4		(e) To grant licenses and rights-of-way within the areas
5		controlled by the Historic Sites and Preservation Division of
6		the Agency for the construction, operation, and maintenance
7		upon, under or across the property, of facilities for water,
8		sewage, telephone, telegraph, electric, gas, or other public
9		service, subject to the terms and conditions as may be
10		determined by the Agency.
11		(f) To authorize the officers, employees, and agents of the
12		Historic Sites and Preservation Division of the Agency, for the
13		purposes of investigation and to exercise the rights, powers,
14		and duties vested and that may be vested in it, to enter and
15		cross all lands and waters in this State, doing no damage to
16		private property.
17		(g) To transfer jurisdiction of or exchange any realty
18		under the control of the Historic Sites and Preservation
19		Division of the Agency to any other Department of the State
20		Government, or to any agency of the Federal Government, or to
21		acquire or accept Federal lands, when any transfer, exchange,
22		acquisition, or acceptance is advantageous to the State and is
23		approved in writing by the Governor.
24		(h) To erect, supervise, and maintain all public monuments
25		and memorials erected by the State, except when the supervision
26		and maintenance of public monuments and memorials is otherwise

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1		provided by law.
2		(i) To accept, hold, maintain, and administer, as trustee,
3		property given in trust for educational or historic purposes
4		for the benefit of the People of the State of Illinois and to
5		dispose, with the consent of the Board, of any property under
6		the terms of the instrument creating the trust.
7		(j) To lease concessions on any property under the
8		jurisdiction of the Agency for a period not exceeding 25 years
9		and to lease a concession complex at Lincoln's New Salem State
10		Historic Site for which a cash incentive has been authorized
11		under Section 5.1 of the Historic Preservation Agency Act for a
12		period not to exceed 40 years. All leases, for whatever period,
13		shall be made subject to the written approval of the Governor.
14		All concession leases extending for a period in excess of 10
15		years, will contain provisions for the Agency to participate,
16		on a percentage basis, in the revenues generated by any
17		concession operation.
18		The Agency is authorized to allow for provisions for a
19		reserve account and a leasehold account within Agency
20		concession lease agreements for the purpose of setting aside
21		revenues for the maintenance, rehabilitation, repair,
22		improvement, and replacement of the concession facility,
23		structure, and equipment of the Agency that are part of the
24		leased premises.
25		The lessee shall be required to pay into the reserve
26		account a percentage of gross receipts, as set forth in the

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1		lease, to be set aside and expended in a manner acceptable to
2		the Agency by the concession lessee for the purpose of ensuring
3		that an appropriate amount of the lessee's moneys are provided
4		by the lessee to satisfy the lessee's incurred responsibilities
5		for the operation of the concession facility under the terms
6		and conditions of the concession lease.
7		The lessee account shall allow for the amortization of
8		certain authorized expenses that are incurred by the concession
9		lessee but that are not an obligation of the lessee under the
10		terms and conditions of the lease agreement. The Agency may
11		allow a reduction of up to 50% of the monthly rent due for the
12		purpose of enabling the recoupment of the lessee's authorized
13		expenditures during the term of the lease.
14		(k) To sell surplus agricultural products grown on land
15		owned by or under the jurisdiction of the Historic Sites and
16		Preservation Division of the Agency, when the products cannot
17		be used by the Agency.
18		(l) To enforce the laws of the State and the rules and
19		regulations of the Agency in or on any lands owned, leased, or
20		managed by the Historic Sites and Preservation Division of the
21		Agency.
22		(m) To cooperate with private organizations and agencies of
23		the State of Illinois by providing areas and the use of staff
24		personnel where feasible for the sale of publications on the
25		historic and cultural heritage of the State and craft items
26		made by Illinois craftsmen. These sales shall not conflict with

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1		existing concession agreements. The Historic Sites and
2		Preservation Division of the Agency is authorized to negotiate
3		with the organizations and agencies for a portion of the monies
4		received from sales to be returned to the Historic Sites and
5		Preservation Division of the Agency's Historic Sites Fund for
6		the furtherance of interpretive and restoration programs.
7		(n) To establish local bank or savings and loan association
8		accounts, upon the written authorization of the Director, to
9		temporarily hold income received at any of its properties. The
10		local accounts established under this Section shall be in the
11		name of the Historic Preservation Agency and shall be subject
12		to regular audits. The balance in a local bank or savings and
13		loan association account shall be forwarded to the Agency for
14		deposit with the State Treasurer on Monday of each week if the
15		amount to be deposited in a fund exceeds $500.
16		No bank or savings and loan association shall receive
17		public funds as permitted by this Section, unless it has
18		complied with the requirements established under Section 6 of
19		the Public Funds Investment Act.
20		(o) To accept, with the consent of the Board, offers of
21		gifts, gratuities, or grants from the federal government, its
22		agencies, or offices, or from any person, firm, or corporation.
23		(p) To make reasonable rules and regulations as may be
24		necessary to discharge the duties of the Agency.
25		(q) With appropriate cultural organizations, to further
26		and advance the goals of the Agency.

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1		(r) To make grants for the purposes of planning, survey,
2		rehabilitation, restoration, reconstruction, landscaping, and
3		acquisition of Illinois properties (i) designated individually
4		in the National Register of Historic Places, (ii) designated as
5		a landmark under a county or municipal landmark ordinance, or
6		(iii) located within a National Register of Historic Places
7		historic district or a locally designated historic district
8		when the Director determines that the property is of historic
9		significance whenever an appropriation is made therefor by the
10		General Assembly or whenever gifts or grants are received for
11		that purpose and to promulgate regulations as may be necessary
12		or desirable to carry out the purposes of the grants.
13		Grantees may, as prescribed by rule, be required to provide
14		matching funds for each grant. Grants made under this
15		subsection shall be known as Illinois Heritage Grants.
16		Every owner of a historic property, or the owner's agent,
17		is eligible to apply for a grant under this subsection.
18		(s) To establish and implement a pilot program for charging
19		admission to State historic sites. Fees may be charged for
20		special events, admissions, and parking or any combination;
21		fees may be charged at all sites or selected sites. All fees
22		shall be deposited into the Illinois Historic Sites Fund. The
23		Historic Sites and Preservation Division of the Agency shall
24		have the discretion to set and adjust reasonable fees at the
25		various sites, taking into consideration various factors,
26		including, but not limited to: cost of services furnished to

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1		each visitor, impact of fees on attendance and tourism, and the
2		costs expended collecting the fees. The Agency shall keep
3		careful records of the income and expenses resulting from the
4		imposition of fees, shall keep records as to the attendance at
5		each historic site, and shall report to the Governor and
6		General Assembly by January 31 after the close of each year.
7		The report shall include information on costs, expenses,
8		attendance, comments by visitors, and any other information the
9		Agency may believe pertinent, including:
10		(1) Recommendations as to whether fees should be
11		continued at each State historic site.
12		(2) How the fees should be structured and imposed.
13		(3) Estimates of revenues and expenses associated with
14		each site.
15		(t) To provide for overnight tent and trailer campsites and
16		to provide suitable housing facilities for student and juvenile
17		overnight camping groups. The Historic Sites and Preservation
18		Division of the Agency shall charge rates similar to those
19		charged by the Department of Conservation for the same or
20		similar facilities and services.
21		(u) To engage in marketing activities designed to promote
22		the sites and programs administered by the Agency. In
23		undertaking these activities, the Agency may take all necessary
24		steps with respect to products and services, including, but not
25		limited to, retail sales, wholesale sales, direct marketing,
26		mail order sales, telephone sales, advertising and promotion,

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1		purchase of product and materials inventory, design, printing
2		and manufacturing of new products, reproductions, and
3		adaptations, copyright and trademark licensing and royalty
4		agreements, and payment of applicable taxes. In addition, the
5		Agency shall have the authority to sell advertising in its
6		publications and printed materials. All income from marketing
7		activities shall be deposited into the Illinois Historic Sites
8		Fund.
9		(Source: P.A. 95-140, eff. 1-1-08; revised 10-14-15.)
10		Section 125. The Illinois Health Information Exchange and
11		Technology Act is amended by changing Section 20 as follows:
12		(20 ILCS 3860/20)
13		(Section scheduled to be repealed on January 1, 2021)
14		Sec. 20. Powers and duties of the Illinois Health
15		Information Exchange Authority. The Authority has the
16		following powers, together with all powers incidental or
17		necessary to accomplish the purposes of this Act:
18		(1) The Authority shall create and administer the ILHIE
19		using information systems and processes that are secure,
20		are cost effective, and meet all other relevant privacy and
21		security requirements under State and federal law.
22		(2) The Authority shall establish and adopt standards
23		and requirements for the use of health information and the
24		requirements for participation in the ILHIE by persons or

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1		entities including, but not limited to, health care
2		providers, payors, and local health information exchanges.
3		(3) The Authority shall establish minimum standards
4		for accessing the ILHIE to ensure that the appropriate
5		security and privacy protections apply to health
6		information, consistent with applicable federal and State
7		standards and laws. The Authority shall have the power to
8		suspend, limit, or terminate the right to participate in
9		the ILHIE for non-compliance or failure to act, with
10		respect to applicable standards and laws, in the best
11		interests of patients, users of the ILHIE, or the public.
12		The Authority may seek all remedies allowed by law to
13		address any violation of the terms of participation in the
14		ILHIE.
15		(4) The Authority shall identify barriers to the
16		adoption of electronic health records systems, including
17		researching the rates and patterns of dissemination and use
18		of electronic health record systems throughout the State.
19		The Authority shall make the results of the research
20		available on its website.
21		(5) The Authority shall prepare educational materials
22		and educate the general public on the benefits of
23		electronic health records, the ILHIE, and the safeguards
24		available to prevent unauthorized disclosure of health
25		information.
26		(6) The Authority may appoint or designate an

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1		institutional review board in accordance with federal and
2		State law to review and approve requests for research in
3		order to ensure compliance with standards and patient
4		privacy and security protections as specified in paragraph
5		(3) of this Section.
6		(7) The Authority may enter into all contracts and
7		agreements necessary or incidental to the performance of
8		its powers under this Act. The Authority's expenditures of
9		private funds are exempt from the Illinois Procurement
10		Code, pursuant to Section 1-10 of that Act. Notwithstanding
11		this exception, the Authority shall comply with the
12		Business Enterprise for Minorities, Females, and Persons
13		with Disabilities Act.
14		(8) The Authority may solicit and accept grants, loans,
15		contributions, or appropriations from any public or
16		private source and may expend those moneys, through
17		contracts, grants, loans, or agreements, on activities it
18		considers suitable to the performance of its duties under
19		this Act.
20		(9) The Authority may determine, charge, and collect
21		any fees, charges, costs, and expenses from any healthcare
22		provider or entity in connection with its duties under this
23		Act. Moneys collected under this paragraph (9) shall be
24		deposited into the Health Information Exchange Fund.
25		(10) The Authority may, under the direction of the
26		Executive Director, employ and discharge staff, including

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1		administrative, technical, expert, professional, and legal
2		staff, as is necessary or convenient to carry out the
3		purposes of this Act. The Authority may establish and
4		administer standards of classification regarding
5		compensation, benefits, duties, performance, and tenure
6		for that staff and may enter into contracts of employment
7		with members of that staff for such periods and on such
8		terms as the Authority deems desirable. All employees of
9		the Authority are exempt from the Personnel Code as
10		provided by Section 4 of the Personnel Code.
11		(11) The Authority shall consult and coordinate with
12		the Department of Public Health to further the Authority's
13		collection of health information from health care
14		providers for public health purposes. The collection of
15		public health information shall include identifiable
16		information for use by the Authority or other State
17		agencies to comply with State and federal laws. Any
18		identifiable information so collected shall be privileged
19		and confidential in accordance with Sections 8-2101,
20		8-2102, 8-2103, 8-2104, and 8-2105 of the Code of Civil
21		Procedure.
22		(12) All identified or deidentified health information
23		in the form of health data or medical records contained in,
24		stored in, submitted to, transferred by, or released from
25		the Illinois Health Information Exchange, and identified
26		or deidentified health information in the form of health

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1		data and medical records of the Illinois Health Information
2		Exchange in the possession of the Illinois Health
3		Information Exchange Authority due to its administration
4		of the Illinois Health Information Exchange, shall be
5		exempt from inspection and copying under the Freedom of
6		Information Act. The terms "identified" and "deidentified"
7		shall be given the same meaning as in the Health Insurance
8		Portability and Accountability and Portability Act of
9		1996, Public Law 104-191, or any subsequent amendments
10		thereto, and any regulations promulgated thereunder.
11		(13) To address gaps in the adoption of, workforce
12		preparation for, and exchange of electronic health records
13		that result in regional and socioeconomic disparities in
14		the delivery of care, the Authority may evaluate such gaps
15		and provide resources as available, giving priority to
16		healthcare providers serving a significant percentage of
17		Medicaid or uninsured patients and in medically
18		underserved or rural areas.
19		(Source: P.A. 96-1331, eff. 7-27-10; revised 10-13-15.)
20		Section 130. The Illinois Health Facilities Planning Act is
21		amended by changing Sections 12 and 14.1 as follows:
22		(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
23		(Section scheduled to be repealed on December 31, 2019)
24		Sec. 12. Powers and duties of State Board. For purposes of

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1		this Act, the State Board shall exercise the following powers
2		and duties:
3		(1) Prescribe rules, regulations, standards, criteria,
4		procedures or reviews which may vary according to the purpose
5		for which a particular review is being conducted or the type of
6		project reviewed and which are required to carry out the
7		provisions and purposes of this Act. Policies and procedures of
8		the State Board shall take into consideration the priorities
9		and needs of medically underserved areas and other health care
10		services identified through the comprehensive health planning
11		process, giving special consideration to the impact of projects
12		on access to safety net services.
13		(2) Adopt procedures for public notice and hearing on all
14		proposed rules, regulations, standards, criteria, and plans
15		required to carry out the provisions of this Act.
16		(3) (Blank).
17		(4) Develop criteria and standards for health care
18		facilities planning, conduct statewide inventories of health
19		care facilities, maintain an updated inventory on the Board's
20		web site reflecting the most recent bed and service changes and
21		updated need determinations when new census data become
22		available or new need formulae are adopted, and develop health
23		care facility plans which shall be utilized in the review of
24		applications for permit under this Act. Such health facility
25		plans shall be coordinated by the Board with pertinent State
26		Plans. Inventories pursuant to this Section of skilled or

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1		intermediate care facilities licensed under the Nursing Home
2		Care Act, skilled or intermediate care facilities licensed
3		under the ID/DD Community Care Act, skilled or intermediate
4		care facilities licensed under the MC/DD Act, facilities
5		licensed under the Specialized Mental Health Rehabilitation
6		Act of 2013, or nursing homes licensed under the Hospital
7		Licensing Act shall be conducted on an annual basis no later
8		than July 1 of each year and shall include among the
9		information requested a list of all services provided by a
10		facility to its residents and to the community at large and
11		differentiate between active and inactive beds.
12		In developing health care facility plans, the State Board
13		shall consider, but shall not be limited to, the following:
14		(a) The size, composition and growth of the population
15		of the area to be served;
16		(b) The number of existing and planned facilities
17		offering similar programs;
18		(c) The extent of utilization of existing facilities;
19		(d) The availability of facilities which may serve as
20		alternatives or substitutes;
21		(e) The availability of personnel necessary to the
22		operation of the facility;
23		(f) Multi-institutional planning and the establishment
24		of multi-institutional systems where feasible;
25		(g) The financial and economic feasibility of proposed
26		construction or modification; and

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1		(h) In the case of health care facilities established
2		by a religious body or denomination, the needs of the
3		members of such religious body or denomination may be
4		considered to be public need.
5		The health care facility plans which are developed and
6		adopted in accordance with this Section shall form the basis
7		for the plan of the State to deal most effectively with
8		statewide health needs in regard to health care facilities.
9		(5) Coordinate with the Center for Comprehensive Health
10		Planning and other state agencies having responsibilities
11		affecting health care facilities, including those of licensure
12		and cost reporting. Beginning no later than January 1, 2013,
13		the Department of Public Health shall produce a written annual
14		report to the Governor and the General Assembly regarding the
15		development of the Center for Comprehensive Health Planning.
16		The Chairman of the State Board and the State Board
17		Administrator shall also receive a copy of the annual report.
18		(6) Solicit, accept, hold and administer on behalf of the
19		State any grants or bequests of money, securities or property
20		for use by the State Board or Center for Comprehensive Health
21		Planning in the administration of this Act; and enter into
22		contracts consistent with the appropriations for purposes
23		enumerated in this Act.
24		(7) The State Board shall prescribe procedures for review,
25		standards, and criteria which shall be utilized to make
26		periodic reviews and determinations of the appropriateness of

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1		any existing health services being rendered by health care
2		facilities subject to the Act. The State Board shall consider
3		recommendations of the Board in making its determinations.
4		(8) Prescribe, in consultation with the Center for
5		Comprehensive Health Planning, rules, regulations, standards,
6		and criteria for the conduct of an expeditious review of
7		applications for permits for projects of construction or
8		modification of a health care facility, which projects are
9		classified as emergency, substantive, or non-substantive in
10		nature.
11		Six months after June 30, 2009 (the effective date of
12		Public Act 96-31), substantive projects shall include no more
13		than the following:
14		(a) Projects to construct (1) a new or replacement
15		facility located on a new site or (2) a replacement
16		facility located on the same site as the original facility
17		and the cost of the replacement facility exceeds the
18		capital expenditure minimum, which shall be reviewed by the
19		Board within 120 days;
20		(b) Projects proposing a (1) new service within an
21		existing healthcare facility or (2) discontinuation of a
22		service within an existing healthcare facility, which
23		shall be reviewed by the Board within 60 days; or
24		(c) Projects proposing a change in the bed capacity of
25		a health care facility by an increase in the total number
26		of beds or by a redistribution of beds among various

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1		categories of service or by a relocation of beds from one
2		physical facility or site to another by more than 20 beds
3		or more than 10% of total bed capacity, as defined by the
4		State Board, whichever is less, over a 2-year period.
5		The Chairman may approve applications for exemption that
6		meet the criteria set forth in rules or refer them to the full
7		Board. The Chairman may approve any unopposed application that
8		meets all of the review criteria or refer them to the full
9		Board.
10		Such rules shall not abridge the right of the Center for
11		Comprehensive Health Planning to make recommendations on the
12		classification and approval of projects, nor shall such rules
13		prevent the conduct of a public hearing upon the timely request
14		of an interested party. Such reviews shall not exceed 60 days
15		from the date the application is declared to be complete.
16		(9) Prescribe rules, regulations, standards, and criteria
17		pertaining to the granting of permits for construction and
18		modifications which are emergent in nature and must be
19		undertaken immediately to prevent or correct structural
20		deficiencies or hazardous conditions that may harm or injure
21		persons using the facility, as defined in the rules and
22		regulations of the State Board. This procedure is exempt from
23		public hearing requirements of this Act.
24		(10) Prescribe rules, regulations, standards and criteria
25		for the conduct of an expeditious review, not exceeding 60
26		days, of applications for permits for projects to construct or

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1		modify health care facilities which are needed for the care and
2		treatment of persons who have acquired immunodeficiency
3		syndrome (AIDS) or related conditions.
4		(10.5) Provide its rationale when voting on an item before
5		it at a State Board meeting in order to comply with subsection
6		(b) of Section 3-108 of the Code of Civil Procedure.
7		(11) Issue written decisions upon request of the applicant
8		or an adversely affected party to the Board. Requests for a
9		written decision shall be made within 15 days after the Board
10		meeting in which a final decision has been made. A "final
11		decision" for purposes of this Act is the decision to approve
12		or deny an application, or take other actions permitted under
13		this Act, at the time and date of the meeting that such action
14		is scheduled by the Board. The transcript of the State Board
15		meeting shall be incorporated into the Board's final decision.
16		The staff of the Board shall prepare a written copy of the
17		final decision and the Board shall approve a final copy for
18		inclusion in the formal record. The Board shall consider, for
19		approval, the written draft of the final decision no later than
20		the next scheduled Board meeting. The written decision shall
21		identify the applicable criteria and factors listed in this Act
22		and the Board's regulations that were taken into consideration
23		by the Board when coming to a final decision. If the Board
24		denies or fails to approve an application for permit or
25		exemption, the Board shall include in the final decision a
26		detailed explanation as to why the application was denied and

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1		identify what specific criteria or standards the applicant did
2		not fulfill.
3		(12) Require at least one of its members to participate in
4		any public hearing, after the appointment of a majority of the
5		members to the Board.
6		(13) Provide a mechanism for the public to comment on, and
7		request changes to, draft rules and standards.
8		(14) Implement public information campaigns to regularly
9		inform the general public about the opportunity for public
10		hearings and public hearing procedures.
11		(15) Establish a separate set of rules and guidelines for
12		long-term care that recognizes that nursing homes are a
13		different business line and service model from other regulated
14		facilities. An open and transparent process shall be developed
15		that considers the following: how skilled nursing fits in the
16		continuum of care with other care providers, modernization of
17		nursing homes, establishment of more private rooms,
18		development of alternative services, and current trends in
19		long-term care services. The Chairman of the Board shall
20		appoint a permanent Health Services Review Board Long-term Care
21		Facility Advisory Subcommittee that shall develop and
22		recommend to the Board the rules to be established by the Board
23		under this paragraph (15). The Subcommittee shall also provide
24		continuous review and commentary on policies and procedures
25		relative to long-term care and the review of related projects.
26		The Subcommittee shall make recommendations to the Board no

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1		later than January 1, 2016 and every January thereafter
2		pursuant to the Subcommittee's responsibility for the
3		continuous review and commentary on policies and procedures
4		relative to long-term care. In consultation with other experts
5		from the health field of long-term care, the Board and the
6		Subcommittee shall study new approaches to the current bed need
7		formula and Health Service Area boundaries to encourage
8		flexibility and innovation in design models reflective of the
9		changing long-term care marketplace and consumer preferences
10		and submit its recommendations to the Chairman of the Board no
11		later than January 1, 2017. The Subcommittee shall evaluate,
12		and make recommendations to the State Board regarding, the
13		buying, selling, and exchange of beds between long-term care
14		facilities within a specified geographic area or drive time.
15		The Board shall file the proposed related administrative rules
16		for the separate rules and guidelines for long-term care
17		required by this paragraph (15) by no later than September 30,
18		2011. The Subcommittee shall be provided a reasonable and
19		timely opportunity to review and comment on any review,
20		revision, or updating of the criteria, standards, procedures,
21		and rules used to evaluate project applications as provided
22		under Section 12.3 of this Act.
23		The Chairman of the Board shall appoint voting members of
24		the Subcommittee, who shall serve for a period of 3 years, with
25		one-third of the terms expiring each January, to be determined
26		by lot. Appointees shall include, but not be limited to,

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1		recommendations from each of the 3 statewide long-term care
2		associations, with an equal number to be appointed from each.
3		Compliance with this provision shall be through the appointment
4		and reappointment process. All appointees serving as of April
5		1, 2015 shall serve to the end of their term as determined by
6		lot or until the appointee voluntarily resigns, whichever is
7		earlier.
8		One representative from the Department of Public Health,
9		the Department of Healthcare and Family Services, the
10		Department on Aging, and the Department of Human Services may
11		each serve as an ex-officio non-voting member of the
12		Subcommittee. The Chairman of the Board shall select a
13		Subcommittee Chair, who shall serve for a period of 3 years.
14		(16) Prescribe the format of the State Board Staff Report.
15		A State Board Staff Report shall pertain to applications that
16		include, but are not limited to, applications for permit or
17		exemption, applications for permit renewal, applications for
18		extension of the obligation period, applications requesting a
19		declaratory ruling, or applications under the Health Care
20		Worker Self-Referral Act. State Board Staff Reports shall
21		compare applications to the relevant review criteria under the
22		Board's rules.
23		(17) Establish a separate set of rules and guidelines for
24		facilities licensed under the Specialized Mental Health
25		Rehabilitation Act of 2013. An application for the
26		re-establishment of a facility in connection with the

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1		relocation of the facility shall not be granted unless the
2		applicant has a contractual relationship with at least one
3		hospital to provide emergency and inpatient mental health
4		services required by facility consumers, and at least one
5		community mental health agency to provide oversight and
6		assistance to facility consumers while living in the facility,
7		and appropriate services, including case management, to assist
8		them to prepare for discharge and reside stably in the
9		community thereafter. No new facilities licensed under the
10		Specialized Mental Health Rehabilitation Act of 2013 shall be
11		established after June 16, 2014 (the effective date of Public
12		Act 98-651) except in connection with the relocation of an
13		existing facility to a new location. An application for a new
14		location shall not be approved unless there are adequate
15		community services accessible to the consumers within a
16		reasonable distance, or by use of public transportation, so as
17		to facilitate the goal of achieving maximum individual
18		self-care and independence. At no time shall the total number
19		of authorized beds under this Act in facilities licensed under
20		the Specialized Mental Health Rehabilitation Act of 2013 exceed
21		the number of authorized beds on June 16, 2014 (the effective
22		date of Public Act 98-651).
23		(Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13;
24		98-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff.
25		7-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277,
26		eff. 8-5-15; revised 10-15-15.)

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1		(20 ILCS 3960/14.1)
2		Sec. 14.1. Denial of permit; other sanctions.
3		(a) The State Board may deny an application for a permit or
4		may revoke or take other action as permitted by this Act with
5		regard to a permit as the State Board deems appropriate,
6		including the imposition of fines as set forth in this Section,
7		for any one or a combination of the following:
8		(1) The acquisition of major medical equipment without
9		a permit or in violation of the terms of a permit.
10		(2) The establishment, construction, modification, or
11		change of ownership of a health care facility without a
12		permit or exemption or in violation of the terms of a
13		permit.
14		(3) The violation of any provision of this Act or any
15		rule adopted under this Act.
16		(4) The failure, by any person subject to this Act, to
17		provide information requested by the State Board or Agency
18		within 30 days after a formal written request for the
19		information.
20		(5) The failure to pay any fine imposed under this
21		Section within 30 days of its imposition.
22		(a-5) For facilities licensed under the ID/DD Community
23		Care Act, no permit shall be denied on the basis of prior
24		operator history, other than for actions specified under item
25		(2), (4), or (5) of Section 3-117 of the ID/DD Community Care

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1		Act. For facilities licensed under the MC/DD Act, no permit
2		shall be denied on the basis of prior operator history, other
3		than for actions specified under item (2), (4), or (5) of
4		Section 3-117 of the MC/DD Act. For facilities licensed under
5		the Specialized Mental Health Rehabilitation Act of 2013, no
6		permit shall be denied on the basis of prior operator history,
7		other than for actions specified under item (2), (4), or (5) of
8		Section 3-117 of the Specialized Mental Health Rehabilitation
9		Act of 2013. For facilities licensed under the Nursing Home
10		Care Act, no permit shall be denied on the basis of prior
11		operator history, other than for: (i) actions specified under
12		item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing
13		Home Care Act; (ii) actions specified under item (a)(6) of
14		Section 3-119 of the Nursing Home Care Act; or (iii) actions
15		within the preceding 5 years constituting a substantial and
16		repeated failure to comply with the Nursing Home Care Act or
17		the rules and regulations adopted by the Department under that
18		Act. The State Board shall not deny a permit on account of any
19		action described in this subsection (a-5) without also
20		considering all such actions in the light of all relevant
21		information available to the State Board, including whether the
22		permit is sought to substantially comply with a mandatory or
23		voluntary plan of correction associated with any action
24		described in this subsection (a-5).
25		(b) Persons shall be subject to fines as follows:
26		(1) A permit holder who fails to comply with the

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1		requirements of maintaining a valid permit shall be fined
2		an amount not to exceed 1% of the approved permit amount
3		plus an additional 1% of the approved permit amount for
4		each 30-day period, or fraction thereof, that the violation
5		continues.
6		(2) A permit holder who alters the scope of an approved
7		project or whose project costs exceed the allowable permit
8		amount without first obtaining approval from the State
9		Board shall be fined an amount not to exceed the sum of (i)
10		the lesser of $25,000 or 2% of the approved permit amount
11		and (ii) in those cases where the approved permit amount is
12		exceeded by more than $1,000,000, an additional $20,000 for
13		each $1,000,000, or fraction thereof, in excess of the
14		approved permit amount.
15		(2.5) A permit holder who fails to comply with the
16		post-permit and reporting requirements set forth in
17		Section 5 shall be fined an amount not to exceed $10,000
18		plus an additional $10,000 for each 30-day period, or
19		fraction thereof, that the violation continues. This fine
20		shall continue to accrue until the date that (i) the
21		post-permit requirements are met and the post-permit
22		reports are received by the State Board or (ii) the matter
23		is referred by the State Board to the State Board's legal
24		counsel. The accrued fine is not waived by the permit
25		holder submitting the required information and reports.
26		Prior to any fine beginning to accrue, the Board shall

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1		notify, in writing, a permit holder of the due date for the
2		post-permit and reporting requirements no later than 30
3		days before the due date for the requirements. This
4		paragraph (2.5) takes effect 6 months after August 27, 2012
5		(the effective date of Public Act 97-1115).
6		(3) A person who acquires major medical equipment or
7		who establishes a category of service without first
8		obtaining a permit or exemption, as the case may be, shall
9		be fined an amount not to exceed $10,000 for each such
10		acquisition or category of service established plus an
11		additional $10,000 for each 30-day period, or fraction
12		thereof, that the violation continues.
13		(4) A person who constructs, modifies, establishes, or
14		changes ownership of a health care facility without first
15		obtaining a permit or exemption shall be fined an amount
16		not to exceed $25,000 plus an additional $25,000 for each
17		30-day period, or fraction thereof, that the violation
18		continues.
19		(5) A person who discontinues a health care facility or
20		a category of service without first obtaining a permit or
21		exemption shall be fined an amount not to exceed $10,000
22		plus an additional $10,000 for each 30-day period, or
23		fraction thereof, that the violation continues. For
24		purposes of this subparagraph (5), facilities licensed
25		under the Nursing Home Care Act, the ID/DD Community Care
26		Act, or the MC/DD Act, with the exceptions of facilities

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1		operated by a county or Illinois Veterans Homes, are exempt
2		from this permit requirement. However, facilities licensed
3		under the Nursing Home Care Act, the ID/DD Community Care
4		Act, or the MC/DD Act must comply with Section 3-423 of the
5		Nursing Home Care Act, Section 3-423 of the ID/DD Community
6		Care Act, or Section 3-423 of the MC/DD Act and must
7		provide the Board and the Department of Human Services with
8		30 days' written notice of their intent to close.
9		Facilities licensed under the ID/DD Community Care Act or
10		the MC/DD Act also must provide the Board and the
11		Department of Human Services with 30 days' written notice
12		of their intent to reduce the number of beds for a
13		facility.
14		(6) A person subject to this Act who fails to provide
15		information requested by the State Board or Agency within
16		30 days of a formal written request shall be fined an
17		amount not to exceed $1,000 plus an additional $1,000 for
18		each 30-day period, or fraction thereof, that the
19		information is not received by the State Board or Agency.
20		(b-5) The State Board may accept in-kind services instead
21		of or in combination with the imposition of a fine. This
22		authorization is limited to cases where the non-compliant
23		individual or entity has waived the right to an administrative
24		hearing or opportunity to appear before the Board regarding the
25		non-compliant matter.
26		(c) Before imposing any fine authorized under this Section,

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1		the State Board shall afford the person or permit holder, as
2		the case may be, an appearance before the State Board and an
3		opportunity for a hearing before a hearing officer appointed by
4		the State Board. The hearing shall be conducted in accordance
5		with Section 10. Requests for an appearance before the State
6		Board must be made within 30 days after receiving notice that a
7		fine will be imposed.
8		(d) All fines collected under this Act shall be transmitted
9		to the State Treasurer, who shall deposit them into the
10		Illinois Health Facilities Planning Fund.
11		(e) Fines imposed under this Section shall continue to
12		accrue until: (i) the date that the matter is referred by the
13		State Board to the Board's legal counsel; or (ii) the date that
14		the health care facility becomes compliant with the Act,
15		whichever is earlier.
16		(Source: P.A. 98-463, eff. 8-16-13; 99-114, eff. 7-23-15;
17		99-180, eff. 7-29-15; revised 10-14-15.)
18		Section 135. The Illinois Holocaust and Genocide
19		Commission Act is amended by changing Section 10 as follows:
20		(20 ILCS 5010/10)
21		(Section scheduled to be repealed on January 1, 2021)
22		Sec. 10. Composition of the Commission.
23		(a) The Commission is composed of 22 members as follows:
24		(1) 19 public members appointed by the Governor, one of

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1		whom which shall be a student; and
2		(2) 3 ex officio members as follows:
3		(A) the State Superintendent of Education;
4		(B) the Executive Director of the Board of Higher
5		Education; and
6		(C) the Director of Veterans' Affairs.
7		(b) The President and Minority Leader of the Senate shall
8		each designate a member or former member of the Senate and the
9		Speaker and Minority Leader of the House of Representatives
10		shall each designate a member or former member of the House of
11		Representatives to advise the Commission.
12		(Source: P.A. 98-793, eff. 7-28-14; revised 10-13-15.)
13		Section 140. The State Finance Act is amended by setting
14		forth and renumbering multiple versions of Sections 5.866 and
15		5.867 as follows:
16		(30 ILCS 105/5.866)
17		Sec. 5.866. The Illinois Telecommunications Access
18		Corporation Fund.
19		(Source: P.A. 99-6, eff. 6-29-15.)
20		(30 ILCS 105/5.867)
21		Sec. 5.867. The Illinois Secure Choice Administrative
22		Fund.
23		(Source: P.A. 98-1150, eff. 6-1-15; 99-78, eff. 7-20-15.)

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1		(30 ILCS 105/5.868)
2		Sec. 5.868 5.866. The Illinois ABLE Accounts
3		Administrative Fund.
4		(Source: P.A. 99-145, eff. 1-1-16; revised 9-29-15.)
5		(30 ILCS 105/5.869)
6		Sec. 5.869 5.866. The Women's Business Ownership Fund.
7		(Source: P.A. 99-233, eff. 8-3-15; revised 9-29-15.)
8		(30 ILCS 105/5.870)
9		(Section scheduled to be repealed on December 31, 2017)
10		Sec. 5.870 5.866. The U.S.S. Illinois Commissioning Fund.
11		This Section is repealed on December 31, 2017.
12		(Source: P.A. 99-423, eff. 8-20-15; revised 9-29-15.)
13		(30 ILCS 105/5.871)
14		Sec. 5.871 5.866. The George Bailey Memorial Fund.
15		(Source: P.A. 99-455, eff. 1-1-16; revised 9-29-15.)
16		(30 ILCS 105/5.872)
17		Sec. 5.872 5.866. The Parity Education Fund.
18		(Source: P.A. 99-480, eff. 9-9-15; revised 9-29-15.)
19		(30 ILCS 105/5.873)
20		Sec. 5.873 5.867. The Autism Care Fund.

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1		(Source: P.A. 99-423, eff. 8-20-15; revised 9-29-15.)
2		Section 145. The Business Enterprise for Minorities,
3		Females, and Persons with Disabilities Act is amended by
4		changing Sections 2 and 4f as follows:
5		(30 ILCS 575/2)
6		(Section scheduled to be repealed on June 30, 2016)
7		Sec. 2. Definitions.
8		(A) For the purpose of this Act, the following terms shall
9		have the following definitions:
10		(1) "Minority person" shall mean a person who is a
11		citizen or lawful permanent resident of the United States
12		and who is any of the following:
13		(a) American Indian or Alaska Native (a person
14		having origins in any of the original peoples of North
15		and South America, including Central America, and who
16		maintains tribal affiliation or community attachment).
17		(b) Asian (a person having origins in any of the
18		original peoples of the Far East, Southeast Asia, or
19		the Indian subcontinent, including, but not limited
20		to, Cambodia, China, India, Japan, Korea, Malaysia,
21		Pakistan, the Philippine Islands, Thailand, and
22		Vietnam).
23		(c) Black or African American (a person having
24		origins in any of the black racial groups of Africa).

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1		Terms such as "Haitian" or "Negro" can be used in
2		addition to "Black or African American".
3		(d) Hispanic or Latino (a person of Cuban, Mexican,
4		Puerto Rican, South or Central American, or other
5		Spanish culture or origin, regardless of race).
6		(e) Native Hawaiian or Other Pacific Islander (a
7		person having origins in any of the original peoples of
8		Hawaii, Guam, Samoa, or other Pacific Islands).
9		(2) "Female" shall mean a person who is a citizen or
10		lawful permanent resident of the United States and who is
11		of the female gender.
12		(2.05) "Person with a disability" means a person who is
13		a citizen or lawful resident of the United States and is a
14		person qualifying as a person with a disability under
15		subdivision (2.1) of this subsection (A).
16		(2.1) "Person with a disability" means a person with a
17		severe physical or mental disability that:
18		(a) results from:
19		amputation,
20		arthritis,
21		autism,
22		blindness,
23		burn injury,
24		cancer,
25		cerebral palsy,
26		Crohn's disease,

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1		cystic fibrosis,
2		deafness,
3		head injury,
4		heart disease,
5		hemiplegia,
6		hemophilia,
7		respiratory or pulmonary dysfunction,
8		an intellectual disability,
9		mental illness,
10		multiple sclerosis,
11		muscular dystrophy,
12		musculoskeletal disorders,
13		neurological disorders, including stroke and
14		epilepsy,
15		paraplegia,
16		quadriplegia and other spinal cord conditions,
17		sickle cell anemia,
18		ulcerative colitis,
19		specific learning disabilities, or
20		end stage renal failure disease; and
21		(b) substantially limits one or more of the
22		person's major life activities.
23		Another disability or combination of disabilities may
24		also be considered as a severe disability for the purposes
25		of item (a) of this subdivision (2.1) if it is determined
26		by an evaluation of rehabilitation potential to cause a

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1		comparable degree of substantial functional limitation
2		similar to the specific list of disabilities listed in item
3		(a) of this subdivision (2.1).
4		(3) "Minority owned business" means a business which is
5		at least 51% owned by one or more minority persons, or in
6		the case of a corporation, at least 51% of the stock in
7		which is owned by one or more minority persons; and the
8		management and daily business operations of which are
9		controlled by one or more of the minority individuals who
10		own it.
11		(4) "Female owned business" means a business which is
12		at least 51% owned by one or more females, or, in the case
13		of a corporation, at least 51% of the stock in which is
14		owned by one or more females; and the management and daily
15		business operations of which are controlled by one or more
16		of the females who own it.
17		(4.1) "Business owned by a person with a disability"
18		means a business that is at least 51% owned by one or more
19		persons with a disability and the management and daily
20		business operations of which are controlled by one or more
21		of the persons with disabilities who own it. A
22		not-for-profit agency for persons with disabilities that
23		is exempt from taxation under Section 501 of the Internal
24		Revenue Code of 1986 is also considered a "business owned
25		by a person with a disability".
26		(4.2) "Council" means the Business Enterprise Council

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1		for Minorities, Females, and Persons with Disabilities
2		created under Section 5 of this Act.
3		(5) "State contracts" means all contracts entered into
4		by the State, any agency or department thereof, or any
5		public institution of higher education, including
6		community college districts, regardless of the source of
7		the funds with which the contracts are paid, which are not
8		subject to federal reimbursement. "State contracts" does
9		not include contracts awarded by a retirement system,
10		pension fund, or investment board subject to Section
11		1-109.1 of the Illinois Pension Code. This definition shall
12		control over any existing definition under this Act or
13		applicable administrative rule.
14		"State construction contracts" means all State
15		contracts entered into by a State agency or public
16		institution of higher education for the repair,
17		remodeling, renovation or construction of a building or
18		structure, or for the construction or maintenance of a
19		highway defined in Article 2 of the Illinois Highway Code.
20		(6) "State agencies" shall mean all departments,
21		officers, boards, commissions, institutions and bodies
22		politic and corporate of the State, but does not include
23		the Board of Trustees of the University of Illinois, the
24		Board of Trustees of Southern Illinois University, the
25		Board of Trustees of Chicago State University, the Board of
26		Trustees of Eastern Illinois University, the Board of

HB5540 Enrolled - 208 - LRB099 16003 AMC 40320 b
1		Trustees of Governors State University, the Board of
2		Trustees of Illinois State University, the Board of
3		Trustees of Northeastern Illinois University, the Board of
4		Trustees of Northern Illinois University, the Board of
5		Trustees of Western Illinois University, municipalities or
6		other local governmental units, or other State
7		constitutional officers.
8		(7) "Public institutions of higher education" means
9		the University of Illinois, Southern Illinois University,
10		Chicago State University, Eastern Illinois University,
11		Governors State University, Illinois State University,
12		Northeastern Illinois University, Northern Illinois
13		University, Western Illinois University, the public
14		community colleges of the State, and any other public
15		universities, colleges, and community colleges now or
16		hereafter established or authorized by the General
17		Assembly.
18		(8) "Certification" means a determination made by the
19		Council or by one delegated authority from the Council to
20		make certifications, or by a State agency with statutory
21		authority to make such a certification, that a business
22		entity is a business owned by a minority, female, or person
23		with a disability for whatever purpose. A business owned
24		and controlled by females shall be certified as a "female
25		owned business". A business owned and controlled by females
26		who are also minorities shall be certified as both a

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1		"female owned business" and a "minority owned business".
2		(9) "Control" means the exclusive or ultimate and sole
3		control of the business including, but not limited to,
4		capital investment and all other financial matters,
5		property, acquisitions, contract negotiations, legal
6		matters, officer-director-employee selection and
7		comprehensive hiring, operating responsibilities,
8		cost-control matters, income and dividend matters,
9		financial transactions and rights of other shareholders or
10		joint partners. Control shall be real, substantial and
11		continuing, not pro forma. Control shall include the power
12		to direct or cause the direction of the management and
13		policies of the business and to make the day-to-day as well
14		as major decisions in matters of policy, management and
15		operations. Control shall be exemplified by possessing the
16		requisite knowledge and expertise to run the particular
17		business and control shall not include simple majority or
18		absentee ownership.
19		(10) "Business" means a business that has annual gross
20		sales of less than $75,000,000 as evidenced by the federal
21		income tax return of the business. A firm with gross sales
22		in excess of this cap may apply to the Council for
23		certification for a particular contract if the firm can
24		demonstrate that the contract would have significant
25		impact on businesses owned by minorities, females, or
26		persons with disabilities as suppliers or subcontractors

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1		or in employment of minorities, females, or persons with
2		disabilities.
3		(B) When a business is owned at least 51% by any
4		combination of minority persons, females, or persons with
5		disabilities, even though none of the 3 classes alone holds at
6		least a 51% interest, the ownership requirement for purposes of
7		this Act is considered to be met. The certification category
8		for the business is that of the class holding the largest
9		ownership interest in the business. If 2 or more classes have
10		equal ownership interests, the certification category shall be
11		determined by the business.
12		(Source: P.A. 98-95, eff. 7-17-13; 99-143, eff. 7-27-15;
13		99-462, eff. 8-25-15; revised 10-16-15.)
14		(30 ILCS 575/4f)
15		(Section scheduled to be repealed on June 30, 2016)
16		Sec. 4f. Award of State contracts.
17		(1) It is hereby declared to be the public policy of the
18		State of Illinois to promote and encourage each State agency
19		and public institution of higher education to use businesses
20		owned by minorities, females, and persons with disabilities in
21		the area of goods and services, including, but not limited to,
22		insurance services, investment management services,
23		information technology services, accounting services,
24		architectural and engineering services, and legal services.
25		Furthermore, each State agency and public institution of higher

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1		education shall utilize such firms to the greatest extent
2		feasible within the bounds of financial and fiduciary prudence,
3		and take affirmative steps to remove any barriers to the full
4		participation of such firms in the procurement and contracting
5		opportunities afforded.
6		(a) When a State agency or public institution of higher
7		education, other than a community college, awards a
8		contract for insurance services, for each State agency or
9		public institution of higher education, it shall be the
10		aspirational goal to use insurance brokers owned by
11		minorities, females, and persons with disabilities as
12		defined by this Act, for not less than 20% of the total
13		annual premiums or fees.
14		(b) When a State agency or public institution of higher
15		education, other than a community college, awards a
16		contract for investment services, for each State agency or
17		public institution of higher education, it shall be the
18		aspirational goal to use emerging investment managers
19		owned by minorities, females, and persons with
20		disabilities as defined by this Act, for not less than 20%
21		of the total funds under management. Furthermore, it is the
22		aspirational goal that not less than 20% of the direct
23		asset managers of the State funds be minorities, females,
24		and persons with disabilities.
25		(c) When a State agency or public institution of higher
26		education, other than a community college, awards

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1		contracts for information technology services, accounting
2		services, architectural and engineering services, and
3		legal services, for each State agency and public
4		institution of higher education, it shall be the
5		aspirational goal to use such firms owned by minorities,
6		females, and persons with disabilities as defined by this
7		Act and lawyers who are minorities, females, and persons
8		with disabilities as defined by this Act, for not less than
9		20% of the total dollar amount of State contracts.
10		(d) When a community college awards a contract for
11		insurance services, investment services, information
12		technology services, accounting services, architectural
13		and engineering services, and legal services, it shall be
14		the aspirational goal of each community college to use
15		businesses owned by minorities, females, and persons with
16		disabilities as defined in this Act for not less than 20%
17		of the total amount spent on contracts for these services
18		collectively. When a community college awards contracts
19		for investment services, contracts awarded to investment
20		managers who are not emerging investment managers as
21		defined in this Act shall not be considered businesses
22		owned by minorities, females, or persons with disabilities
23		for the purposes of this Section.
24		(2) As used in this Section:
25		"Accounting services" means the measurement,
26		processing and communication of financial information

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1		about economic entities including, but is not limited to,
2		financial accounting, management accounting, auditing,
3		cost containment and auditing services, taxation and
4		accounting information systems.
5		"Architectural and engineering services" means
6		professional services of an architectural or engineering
7		nature, or incidental services, that members of the
8		architectural and engineering professions, and individuals
9		in their employ, may logically or justifiably perform,
10		including studies, investigations, surveying and mapping,
11		tests, evaluations, consultations, comprehensive planning,
12		program management, conceptual designs, plans and
13		specifications, value engineering, construction phase
14		services, soils engineering, drawing reviews, preparation
15		of operating and maintenance manuals, and other related
16		services.
17		"Emerging investment manager" means an investment
18		manager or claims consultant having assets under
19		management below $10 billion or otherwise adjudicating
20		claims.
21		"Information technology services" means, but is not
22		limited to, specialized technology-oriented solutions by
23		combining the processes and functions of software,
24		hardware, networks, telecommunications, web designers,
25		cloud developing resellers, and electronics.
26		"Insurance broker" means an insurance brokerage firm,

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1		claims administrator, or both, that procures, places all
2		lines of insurance, or administers claims with annual
3		premiums or fees of at least $5,000,000 but not more than
4		$10,000,000.
5		"Legal services" means work performed by a lawyer
6		including, but not limited to, contracts in anticipation of
7		litigation, enforcement actions, or investigations.
8		(3) Each State agency and public institution institutions
9		of higher education shall adopt policies that identify its plan
10		and implementation procedures for increasing the use of service
11		firms owned by minorities, females, and persons with
12		disabilities.
13		(4) Except as provided in subsection (5), the Council shall
14		file no later than March 1 of each year an annual report to the
15		Governor and the General Assembly. The report filed with the
16		General Assembly shall be filed as required in Section 3.1 of
17		the General Assembly Organization Act. This report shall: (i)
18		identify the service firms used by each State agency and public
19		institution of higher education, (ii) identify the actions it
20		has undertaken to increase the use of service firms owned by
21		minorities, females, and persons with disabilities, including
22		encouraging non-minority owned firms to use other service firms
23		owned by minorities, females, and persons with disabilities as
24		subcontractors when the opportunities arise, (iii) state any
25		recommendations made by the Council to each State agency and
26		public institution of higher education to increase

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1		participation by the use of service firms owned by minorities,
2		females, and persons with disabilities, and (iv) include the
3		following:
4		(A) For insurance services: the names of the insurance
5		brokers or claims consultants used, the total of risk
6		managed by each State agency and public institution of
7		higher education by insurance brokers, the total
8		commissions, fees paid, or both, the lines or insurance
9		policies placed, and the amount of premiums placed; and the
10		percentage of the risk managed by insurance brokers, the
11		percentage of total commission, fees paid, or both, the
12		lines or insurance policies placed, and the amount of
13		premiums placed with each by the insurance brokers owned by
14		minorities, females, and persons with disabilities by each
15		State agency and public institution of higher education.
16		(B) For investment management services: the names of
17		the investment managers used, the total funds under
18		management of investment managers; the total commissions,
19		fees paid, or both; the total and percentage of funds under
20		management of emerging investment managers owned by
21		minorities, females, and persons with disabilities,
22		including the total and percentage of total commissions,
23		fees paid, or both by each State agency and public
24		institution of higher education.
25		(C) The names of service firms, the percentage and
26		total dollar amount paid for professional services by

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1		category by each State agency and public institution of
2		higher education.
3		(D) The names of service firms, the percentage and
4		total dollar amount paid for services by category to firms
5		owned by minorities, females, and persons with
6		disabilities by each State agency and public institution of
7		higher education.
8		(E) The total number of contracts awarded for services
9		by category and the total number of contracts awarded to
10		firms owned by minorities, females, and persons with
11		disabilities by each State agency and public institution of
12		higher education.
13		(5) For community college districts, the Business
14		Enterprise Council shall only report the following information
15		for each community college district: (i) the name of the
16		community colleges in the district, (ii) the name and contact
17		information of a person at each community college appointed to
18		be the single point of contact for vendors owned by minorities,
19		females, or persons with disabilities, (iii) the policy of the
20		community college district concerning certified vendors, (iv)
21		the certifications recognized by the community college
22		district for determining whether a business is owned or
23		controlled by a minority, female, or person with a disability,
24		(v) outreach efforts conducted by the community college
25		district to increase the use of certified vendors, (vi) the
26		total expenditures by the community college district in the

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1		prior fiscal year in the divisions of work specified in
2		paragraphs (a), (b), and (c) of subsection (1) of this Section
3		and the amount paid to certified vendors in those divisions of
4		work, and (vii) the total number of contracts entered into for
5		the divisions of work specified in paragraphs (a), (b), and (c)
6		of subsection (1) of this Section and the total number of
7		contracts awarded to certified vendors providing these
8		services to the community college district. The Business
9		Enterprise Council shall not make any utilization reports under
10		this Act for community college districts for Fiscal Year 2015
11		and Fiscal Year 2016, but shall make the report required by
12		this subsection for Fiscal Year 2017 and for each fiscal year
13		thereafter. The Business Enterprise Council shall report the
14		information in items (i), (ii), (iii), and (iv) of this
15		subsection beginning in September of 2016. The Business
16		Enterprise Council may collect the data needed to make its
17		report from the Illinois Community College Board.
18		(6) The status of the utilization of services shall be
19		discussed at each of the regularly scheduled Business
20		Enterprise Council meetings. Time shall be allotted for the
21		Council to receive, review, and discuss the progress of the use
22		of service firms owned by minorities, females, and persons with
23		disabilities by each State agency and public institution
24		institutions of higher education; and any evidence regarding
25		past or present racial, ethnic, or gender-based discrimination
26		which directly impacts a State agency or public institution

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1		institutions of higher education contracting with such firms.
2		If after reviewing such evidence the Council finds that there
3		is or has been such discrimination against a specific group,
4		race or sex, the Council shall establish sheltered markets or
5		adjust existing sheltered markets tailored to address the
6		Council's specific findings for the divisions of work specified
7		in paragraphs (a), (b), and (c) of subsection (1) of this
8		Section.
9		(Source: P.A. 99-462, eff. 8-25-15; revised 10-15-15.)
10		Section 150. The State Mandates Act is amended by changing
11		Section 8.39 as follows:
12		(30 ILCS 805/8.39)
13		Sec. 8.39. Exempt mandate.
14		(a) Notwithstanding Sections 6 and 8 of this Act, no
15		reimbursement by the State is required for the implementation
16		of any mandate created by Public Act 99-176, 99-180, 99-228, or
17		99-466 this amendatory Act of the 99th General Assembly.
18		(b) Notwithstanding Sections 6 and 8 of this Act, no
19		reimbursement by the State is required for the implementation
20		of any mandate created by the Student Transfer Achievement
21		Reform Act.
22		(Source: P.A. 99-176, eff. 7-29-15; 99-180, eff. 7-29-15;
23		99-228, eff. 1-1-16; 99-316, eff. 1-1-16; 99-466, eff. 8-26-15;
24		revised 10-9-15.)

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1		Section 155. The Illinois Income Tax Act is amended by
2		changing Sections 304 and 507DDD as follows:
3		(35 ILCS 5/304) (from Ch. 120, par. 3-304)
4		Sec. 304. Business income of persons other than residents.
5		(a) In general. The business income of a person other than
6		a resident shall be allocated to this State if such person's
7		business income is derived solely from this State. If a person
8		other than a resident derives business income from this State
9		and one or more other states, then, for tax years ending on or
10		before December 30, 1998, and except as otherwise provided by
11		this Section, such person's business income shall be
12		apportioned to this State by multiplying the income by a
13		fraction, the numerator of which is the sum of the property
14		factor (if any), the payroll factor (if any) and 200% of the
15		sales factor (if any), and the denominator of which is 4
16		reduced by the number of factors other than the sales factor
17		which have a denominator of zero and by an additional 2 if the
18		sales factor has a denominator of zero. For tax years ending on
19		or after December 31, 1998, and except as otherwise provided by
20		this Section, persons other than residents who derive business
21		income from this State and one or more other states shall
22		compute their apportionment factor by weighting their
23		property, payroll, and sales factors as provided in subsection
24		(h) of this Section.

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1		(1) Property factor.
2		(A) The property factor is a fraction, the numerator of
3		which is the average value of the person's real and
4		tangible personal property owned or rented and used in the
5		trade or business in this State during the taxable year and
6		the denominator of which is the average value of all the
7		person's real and tangible personal property owned or
8		rented and used in the trade or business during the taxable
9		year.
10		(B) Property owned by the person is valued at its
11		original cost. Property rented by the person is valued at 8
12		times the net annual rental rate. Net annual rental rate is
13		the annual rental rate paid by the person less any annual
14		rental rate received by the person from sub-rentals.
15		(C) The average value of property shall be determined
16		by averaging the values at the beginning and ending of the
17		taxable year but the Director may require the averaging of
18		monthly values during the taxable year if reasonably
19		required to reflect properly the average value of the
20		person's property.
21		(2) Payroll factor.
22		(A) The payroll factor is a fraction, the numerator of
23		which is the total amount paid in this State during the
24		taxable year by the person for compensation, and the
25		denominator of which is the total compensation paid
26		everywhere during the taxable year.

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1		(B) Compensation is paid in this State if:
2		(i) The individual's service is performed entirely
3		within this State;
4		(ii) The individual's service is performed both
5		within and without this State, but the service
6		performed without this State is incidental to the
7		individual's service performed within this State; or
8		(iii) Some of the service is performed within this
9		State and either the base of operations, or if there is
10		no base of operations, the place from which the service
11		is directed or controlled is within this State, or the
12		base of operations or the place from which the service
13		is directed or controlled is not in any state in which
14		some part of the service is performed, but the
15		individual's residence is in this State.
16		(iv) Compensation paid to nonresident professional
17		athletes.
18		(a) General. The Illinois source income of a
19		nonresident individual who is a member of a
20		professional athletic team includes the portion of the
21		individual's total compensation for services performed
22		as a member of a professional athletic team during the
23		taxable year which the number of duty days spent within
24		this State performing services for the team in any
25		manner during the taxable year bears to the total
26		number of duty days spent both within and without this

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1		State during the taxable year.
2		(b) Travel days. Travel days that do not involve
3		either a game, practice, team meeting, or other similar
4		team event are not considered duty days spent in this
5		State. However, such travel days are considered in the
6		total duty days spent both within and without this
7		State.
8		(c) Definitions. For purposes of this subpart
9		(iv):
10		(1) The term "professional athletic team"
11		includes, but is not limited to, any professional
12		baseball, basketball, football, soccer, or hockey
13		team.
14		(2) The term "member of a professional
15		athletic team" includes those employees who are
16		active players, players on the disabled list, and
17		any other persons required to travel and who travel
18		with and perform services on behalf of a
19		professional athletic team on a regular basis.
20		This includes, but is not limited to, coaches,
21		managers, and trainers.
22		(3) Except as provided in items (C) and (D) of
23		this subpart (3), the term "duty days" means all
24		days during the taxable year from the beginning of
25		the professional athletic team's official
26		pre-season training period through the last game

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1		in which the team competes or is scheduled to
2		compete. Duty days shall be counted for the year in
3		which they occur, including where a team's
4		official pre-season training period through the
5		last game in which the team competes or is
6		scheduled to compete, occurs during more than one
7		tax year.
8		(A) Duty days shall also include days on
9		which a member of a professional athletic team
10		performs service for a team on a date that does
11		not fall within the foregoing period (e.g.,
12		participation in instructional leagues, the
13		"All Star Game", or promotional "caravans").
14		Performing a service for a professional
15		athletic team includes conducting training and
16		rehabilitation activities, when such
17		activities are conducted at team facilities.
18		(B) Also included in duty days are game
19		days, practice days, days spent at team
20		meetings, promotional caravans, preseason
21		training camps, and days served with the team
22		through all post-season games in which the team
23		competes or is scheduled to compete.
24		(C) Duty days for any person who joins a
25		team during the period from the beginning of
26		the professional athletic team's official

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1		pre-season training period through the last
2		game in which the team competes, or is
3		scheduled to compete, shall begin on the day
4		that person joins the team. Conversely, duty
5		days for any person who leaves a team during
6		this period shall end on the day that person
7		leaves the team. Where a person switches teams
8		during a taxable year, a separate duty-day
9		calculation shall be made for the period the
10		person was with each team.
11		(D) Days for which a member of a
12		professional athletic team is not compensated
13		and is not performing services for the team in
14		any manner, including days when such member of
15		a professional athletic team has been
16		suspended without pay and prohibited from
17		performing any services for the team, shall not
18		be treated as duty days.
19		(E) Days for which a member of a
20		professional athletic team is on the disabled
21		list and does not conduct rehabilitation
22		activities at facilities of the team, and is
23		not otherwise performing services for the team
24		in Illinois, shall not be considered duty days
25		spent in this State. All days on the disabled
26		list, however, are considered to be included in

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1		total duty days spent both within and without
2		this State.
3		(4) The term "total compensation for services
4		performed as a member of a professional athletic
5		team" means the total compensation received during
6		the taxable year for services performed:
7		(A) from the beginning of the official
8		pre-season training period through the last
9		game in which the team competes or is scheduled
10		to compete during that taxable year; and
11		(B) during the taxable year on a date which
12		does not fall within the foregoing period
13		(e.g., participation in instructional leagues,
14		the "All Star Game", or promotional caravans).
15		This compensation shall include, but is not
16		limited to, salaries, wages, bonuses as described
17		in this subpart, and any other type of compensation
18		paid during the taxable year to a member of a
19		professional athletic team for services performed
20		in that year. This compensation does not include
21		strike benefits, severance pay, termination pay,
22		contract or option year buy-out payments,
23		expansion or relocation payments, or any other
24		payments not related to services performed for the
25		team.
26		For purposes of this subparagraph, "bonuses"

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1		included in "total compensation for services
2		performed as a member of a professional athletic
3		team" subject to the allocation described in
4		Section 302(c)(1) are: bonuses earned as a result
5		of play (i.e., performance bonuses) during the
6		season, including bonuses paid for championship,
7		playoff or "bowl" games played by a team, or for
8		selection to all-star league or other honorary
9		positions; and bonuses paid for signing a
10		contract, unless the payment of the signing bonus
11		is not conditional upon the signee playing any
12		games for the team or performing any subsequent
13		services for the team or even making the team, the
14		signing bonus is payable separately from the
15		salary and any other compensation, and the signing
16		bonus is nonrefundable.
17		(3) Sales factor.
18		(A) The sales factor is a fraction, the numerator of
19		which is the total sales of the person in this State during
20		the taxable year, and the denominator of which is the total
21		sales of the person everywhere during the taxable year.
22		(B) Sales of tangible personal property are in this
23		State if:
24		(i) The property is delivered or shipped to a
25		purchaser, other than the United States government,
26		within this State regardless of the f. o. b. point or

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1		other conditions of the sale; or
2		(ii) The property is shipped from an office, store,
3		warehouse, factory or other place of storage in this
4		State and either the purchaser is the United States
5		government or the person is not taxable in the state of
6		the purchaser; provided, however, that premises owned
7		or leased by a person who has independently contracted
8		with the seller for the printing of newspapers,
9		periodicals or books shall not be deemed to be an
10		office, store, warehouse, factory or other place of
11		storage for purposes of this Section. Sales of tangible
12		personal property are not in this State if the seller
13		and purchaser would be members of the same unitary
14		business group but for the fact that either the seller
15		or purchaser is a person with 80% or more of total
16		business activity outside of the United States and the
17		property is purchased for resale.
18		(B-1) Patents, copyrights, trademarks, and similar
19		items of intangible personal property.
20		(i) Gross receipts from the licensing, sale, or
21		other disposition of a patent, copyright, trademark,
22		or similar item of intangible personal property, other
23		than gross receipts governed by paragraph (B-7) of this
24		item (3), are in this State to the extent the item is
25		utilized in this State during the year the gross
26		receipts are included in gross income.

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1		(ii) Place of utilization.
2		(I) A patent is utilized in a state to the
3		extent that it is employed in production,
4		fabrication, manufacturing, or other processing in
5		the state or to the extent that a patented product
6		is produced in the state. If a patent is utilized
7		in more than one state, the extent to which it is
8		utilized in any one state shall be a fraction equal
9		to the gross receipts of the licensee or purchaser
10		from sales or leases of items produced,
11		fabricated, manufactured, or processed within that
12		state using the patent and of patented items
13		produced within that state, divided by the total of
14		such gross receipts for all states in which the
15		patent is utilized.
16		(II) A copyright is utilized in a state to the
17		extent that printing or other publication
18		originates in the state. If a copyright is utilized
19		in more than one state, the extent to which it is
20		utilized in any one state shall be a fraction equal
21		to the gross receipts from sales or licenses of
22		materials printed or published in that state
23		divided by the total of such gross receipts for all
24		states in which the copyright is utilized.
25		(III) Trademarks and other items of intangible
26		personal property governed by this paragraph (B-1)

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1		are utilized in the state in which the commercial
2		domicile of the licensee or purchaser is located.
3		(iii) If the state of utilization of an item of
4		property governed by this paragraph (B-1) cannot be
5		determined from the taxpayer's books and records or
6		from the books and records of any person related to the
7		taxpayer within the meaning of Section 267(b) of the
8		Internal Revenue Code, 26 U.S.C. 267, the gross
9		receipts attributable to that item shall be excluded
10		from both the numerator and the denominator of the
11		sales factor.
12		(B-2) Gross receipts from the license, sale, or other
13		disposition of patents, copyrights, trademarks, and
14		similar items of intangible personal property, other than
15		gross receipts governed by paragraph (B-7) of this item
16		(3), may be included in the numerator or denominator of the
17		sales factor only if gross receipts from licenses, sales,
18		or other disposition of such items comprise more than 50%
19		of the taxpayer's total gross receipts included in gross
20		income during the tax year and during each of the 2
21		immediately preceding tax years; provided that, when a
22		taxpayer is a member of a unitary business group, such
23		determination shall be made on the basis of the gross
24		receipts of the entire unitary business group.
25		(B-5) For taxable years ending on or after December 31,
26		2008, except as provided in subsections (ii) through (vii),

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1		receipts from the sale of telecommunications service or
2		mobile telecommunications service are in this State if the
3		customer's service address is in this State.
4		(i) For purposes of this subparagraph (B-5), the
5		following terms have the following meanings:
6		"Ancillary services" means services that are
7		associated with or incidental to the provision of
8		"telecommunications services", including but not
9		limited to "detailed telecommunications billing",
10		"directory assistance", "vertical service", and "voice
11		mail services".
12		"Air-to-Ground Radiotelephone service" means a
13		radio service, as that term is defined in 47 CFR 22.99,
14		in which common carriers are authorized to offer and
15		provide radio telecommunications service for hire to
16		subscribers in aircraft.
17		"Call-by-call Basis" means any method of charging
18		for telecommunications services where the price is
19		measured by individual calls.
20		"Communications Channel" means a physical or
21		virtual path of communications over which signals are
22		transmitted between or among customer channel
23		termination points.
24		"Conference bridging service" means an "ancillary
25		service" that links two or more participants of an
26		audio or video conference call and may include the

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1		provision of a telephone number. "Conference bridging
2		service" does not include the "telecommunications
3		services" used to reach the conference bridge.
4		"Customer Channel Termination Point" means the
5		location where the customer either inputs or receives
6		the communications.
7		"Detailed telecommunications billing service"
8		means an "ancillary service" of separately stating
9		information pertaining to individual calls on a
10		customer's billing statement.
11		"Directory assistance" means an "ancillary
12		service" of providing telephone number information,
13		and/or address information.
14		"Home service provider" means the facilities based
15		carrier or reseller with which the customer contracts
16		for the provision of mobile telecommunications
17		services.
18		"Mobile telecommunications service" means
19		commercial mobile radio service, as defined in Section
20		20.3 of Title 47 of the Code of Federal Regulations as
21		in effect on June 1, 1999.
22		"Place of primary use" means the street address
23		representative of where the customer's use of the
24		telecommunications service primarily occurs, which
25		must be the residential street address or the primary
26		business street address of the customer. In the case of

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1		mobile telecommunications services, "place of primary
2		use" must be within the licensed service area of the
3		home service provider.
4		"Post-paid telecommunication service" means the
5		telecommunications service obtained by making a
6		payment on a call-by-call basis either through the use
7		of a credit card or payment mechanism such as a bank
8		card, travel card, credit card, or debit card, or by
9		charge made to a telephone number which is not
10		associated with the origination or termination of the
11		telecommunications service. A post-paid calling
12		service includes telecommunications service, except a
13		prepaid wireless calling service, that would be a
14		prepaid calling service except it is not exclusively a
15		telecommunication service.
16		"Prepaid telecommunication service" means the
17		right to access exclusively telecommunications
18		services, which must be paid for in advance and which
19		enables the origination of calls using an access number
20		or authorization code, whether manually or
21		electronically dialed, and that is sold in
22		predetermined units or dollars of which the number
23		declines with use in a known amount.
24		"Prepaid Mobile telecommunication service" means a
25		telecommunications service that provides the right to
26		utilize mobile wireless service as well as other

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1		non-telecommunication services, including but not
2		limited to ancillary services, which must be paid for
3		in advance that is sold in predetermined units or
4		dollars of which the number declines with use in a
5		known amount.
6		"Private communication service" means a
7		telecommunication service that entitles the customer
8		to exclusive or priority use of a communications
9		channel or group of channels between or among
10		termination points, regardless of the manner in which
11		such channel or channels are connected, and includes
12		switching capacity, extension lines, stations, and any
13		other associated services that are provided in
14		connection with the use of such channel or channels.
15		"Service address" means:
16		(a) The location of the telecommunications
17		equipment to which a customer's call is charged and
18		from which the call originates or terminates,
19		regardless of where the call is billed or paid;
20		(b) If the location in line (a) is not known,
21		service address means the origination point of the
22		signal of the telecommunications services first
23		identified by either the seller's
24		telecommunications system or in information
25		received by the seller from its service provider
26		where the system used to transport such signals is

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1		not that of the seller; and
2		(c) If the locations in line (a) and line (b)
3		are not known, the service address means the
4		location of the customer's place of primary use.
5		"Telecommunications service" means the electronic
6		transmission, conveyance, or routing of voice, data,
7		audio, video, or any other information or signals to a
8		point, or between or among points. The term
9		"telecommunications service" includes such
10		transmission, conveyance, or routing in which computer
11		processing applications are used to act on the form,
12		code or protocol of the content for purposes of
13		transmission, conveyance or routing without regard to
14		whether such service is referred to as voice over
15		Internet protocol services or is classified by the
16		Federal Communications Commission as enhanced or value
17		added. "Telecommunications service" does not include:
18		(a) Data processing and information services
19		that allow data to be generated, acquired, stored,
20		processed, or retrieved and delivered by an
21		electronic transmission to a purchaser when such
22		purchaser's primary purpose for the underlying
23		transaction is the processed data or information;
24		(b) Installation or maintenance of wiring or
25		equipment on a customer's premises;
26		(c) Tangible personal property;

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1		(d) Advertising, including but not limited to
2		directory advertising.
3		(e) Billing and collection services provided
4		to third parties;
5		(f) Internet access service;
6		(g) Radio and television audio and video
7		programming services, regardless of the medium,
8		including the furnishing of transmission,
9		conveyance and routing of such services by the
10		programming service provider. Radio and television
11		audio and video programming services shall include
12		but not be limited to cable service as defined in
13		47 USC 522(6) and audio and video programming
14		services delivered by commercial mobile radio
15		service providers, as defined in 47 CFR 20.3;
16		(h) "Ancillary services"; or
17		(i) Digital products "delivered
18		electronically", including but not limited to
19		software, music, video, reading materials or ring
20		tones.
21		"Vertical service" means an "ancillary service"
22		that is offered in connection with one or more
23		"telecommunications services", which offers advanced
24		calling features that allow customers to identify
25		callers and to manage multiple calls and call
26		connections, including "conference bridging services".

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1		"Voice mail service" means an "ancillary service"
2		that enables the customer to store, send or receive
3		recorded messages. "Voice mail service" does not
4		include any "vertical services" that the customer may
5		be required to have in order to utilize the "voice mail
6		service".
7		(ii) Receipts from the sale of telecommunications
8		service sold on an individual call-by-call basis are in
9		this State if either of the following applies:
10		(a) The call both originates and terminates in
11		this State.
12		(b) The call either originates or terminates
13		in this State and the service address is located in
14		this State.
15		(iii) Receipts from the sale of postpaid
16		telecommunications service at retail are in this State
17		if the origination point of the telecommunication
18		signal, as first identified by the service provider's
19		telecommunication system or as identified by
20		information received by the seller from its service
21		provider if the system used to transport
22		telecommunication signals is not the seller's, is
23		located in this State.
24		(iv) Receipts from the sale of prepaid
25		telecommunications service or prepaid mobile
26		telecommunications service at retail are in this State

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1		if the purchaser obtains the prepaid card or similar
2		means of conveyance at a location in this State.
3		Receipts from recharging a prepaid telecommunications
4		service or mobile telecommunications service is in
5		this State if the purchaser's billing information
6		indicates a location in this State.
7		(v) Receipts from the sale of private
8		communication services are in this State as follows:
9		(a) 100% of receipts from charges imposed at
10		each channel termination point in this State.
11		(b) 100% of receipts from charges for the total
12		channel mileage between each channel termination
13		point in this State.
14		(c) 50% of the total receipts from charges for
15		service segments when those segments are between 2
16		customer channel termination points, 1 of which is
17		located in this State and the other is located
18		outside of this State, which segments are
19		separately charged.
20		(d) The receipts from charges for service
21		segments with a channel termination point located
22		in this State and in two or more other states, and
23		which segments are not separately billed, are in
24		this State based on a percentage determined by
25		dividing the number of customer channel
26		termination points in this State by the total

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1		number of customer channel termination points.
2		(vi) Receipts from charges for ancillary services
3		for telecommunications service sold to customers at
4		retail are in this State if the customer's primary
5		place of use of telecommunications services associated
6		with those ancillary services is in this State. If the
7		seller of those ancillary services cannot determine
8		where the associated telecommunications are located,
9		then the ancillary services shall be based on the
10		location of the purchaser.
11		(vii) Receipts to access a carrier's network or
12		from the sale of telecommunication services or
13		ancillary services for resale are in this State as
14		follows:
15		(a) 100% of the receipts from access fees
16		attributable to intrastate telecommunications
17		service that both originates and terminates in
18		this State.
19		(b) 50% of the receipts from access fees
20		attributable to interstate telecommunications
21		service if the interstate call either originates
22		or terminates in this State.
23		(c) 100% of the receipts from interstate end
24		user access line charges, if the customer's
25		service address is in this State. As used in this
26		subdivision, "interstate end user access line

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1		charges" includes, but is not limited to, the
2		surcharge approved by the federal communications
3		commission and levied pursuant to 47 CFR 69.
4		(d) Gross receipts from sales of
5		telecommunication services or from ancillary
6		services for telecommunications services sold to
7		other telecommunication service providers for
8		resale shall be sourced to this State using the
9		apportionment concepts used for non-resale
10		receipts of telecommunications services if the
11		information is readily available to make that
12		determination. If the information is not readily
13		available, then the taxpayer may use any other
14		reasonable and consistent method.
15		(B-7) For taxable years ending on or after December 31,
16		2008, receipts from the sale of broadcasting services are
17		in this State if the broadcasting services are received in
18		this State. For purposes of this paragraph (B-7), the
19		following terms have the following meanings:
20		"Advertising revenue" means consideration received
21		by the taxpayer in exchange for broadcasting services
22		or allowing the broadcasting of commercials or
23		announcements in connection with the broadcasting of
24		film or radio programming, from sponsorships of the
25		programming, or from product placements in the
26		programming.

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1		"Audience factor" means the ratio that the
2		audience or subscribers located in this State of a
3		station, a network, or a cable system bears to the
4		total audience or total subscribers for that station,
5		network, or cable system. The audience factor for film
6		or radio programming shall be determined by reference
7		to the books and records of the taxpayer or by
8		reference to published rating statistics provided the
9		method used by the taxpayer is consistently used from
10		year to year for this purpose and fairly represents the
11		taxpayer's activity in this State.
12		"Broadcast" or "broadcasting" or "broadcasting
13		services" means the transmission or provision of film
14		or radio programming, whether through the public
15		airwaves, by cable, by direct or indirect satellite
16		transmission, or by any other means of communication,
17		either through a station, a network, or a cable system.
18		"Film" or "film programming" means the broadcast
19		on television of any and all performances, events, or
20		productions, including but not limited to news,
21		sporting events, plays, stories, or other literary,
22		commercial, educational, or artistic works, either
23		live or through the use of video tape, disc, or any
24		other type of format or medium. Each episode of a
25		series of films produced for television shall
26		constitute separate "film" notwithstanding that the

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1		series relates to the same principal subject and is
2		produced during one or more tax periods.
3		"Radio" or "radio programming" means the broadcast
4		on radio of any and all performances, events, or
5		productions, including but not limited to news,
6		sporting events, plays, stories, or other literary,
7		commercial, educational, or artistic works, either
8		live or through the use of an audio tape, disc, or any
9		other format or medium. Each episode in a series of
10		radio programming produced for radio broadcast shall
11		constitute a separate "radio programming"
12		notwithstanding that the series relates to the same
13		principal subject and is produced during one or more
14		tax periods.
15		(i) In the case of advertising revenue from
16		broadcasting, the customer is the advertiser and
17		the service is received in this State if the
18		commercial domicile of the advertiser is in this
19		State.
20		(ii) In the case where film or radio
21		programming is broadcast by a station, a network,
22		or a cable system for a fee or other remuneration
23		received from the recipient of the broadcast, the
24		portion of the service that is received in this
25		State is measured by the portion of the recipients
26		of the broadcast located in this State.

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1		Accordingly, the fee or other remuneration for
2		such service that is included in the Illinois
3		numerator of the sales factor is the total of those
4		fees or other remuneration received from
5		recipients in Illinois. For purposes of this
6		paragraph, a taxpayer may determine the location
7		of the recipients of its broadcast using the
8		address of the recipient shown in its contracts
9		with the recipient or using the billing address of
10		the recipient in the taxpayer's records.
11		(iii) In the case where film or radio
12		programming is broadcast by a station, a network,
13		or a cable system for a fee or other remuneration
14		from the person providing the programming, the
15		portion of the broadcast service that is received
16		by such station, network, or cable system in this
17		State is measured by the portion of recipients of
18		the broadcast located in this State. Accordingly,
19		the amount of revenue related to such an
20		arrangement that is included in the Illinois
21		numerator of the sales factor is the total fee or
22		other total remuneration from the person providing
23		the programming related to that broadcast
24		multiplied by the Illinois audience factor for
25		that broadcast.
26		(iv) In the case where film or radio

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1		programming is provided by a taxpayer that is a
2		network or station to a customer for broadcast in
3		exchange for a fee or other remuneration from that
4		customer the broadcasting service is received at
5		the location of the office of the customer from
6		which the services were ordered in the regular
7		course of the customer's trade or business.
8		Accordingly, in such a case the revenue derived by
9		the taxpayer that is included in the taxpayer's
10		Illinois numerator of the sales factor is the
11		revenue from such customers who receive the
12		broadcasting service in Illinois.
13		(v) In the case where film or radio programming
14		is provided by a taxpayer that is not a network or
15		station to another person for broadcasting in
16		exchange for a fee or other remuneration from that
17		person, the broadcasting service is received at
18		the location of the office of the customer from
19		which the services were ordered in the regular
20		course of the customer's trade or business.
21		Accordingly, in such a case the revenue derived by
22		the taxpayer that is included in the taxpayer's
23		Illinois numerator of the sales factor is the
24		revenue from such customers who receive the
25		broadcasting service in Illinois.
26		(B-8) Gross receipts from winnings under the Illinois

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1		Lottery Law from the assignment of a prize under Section
2		13.1 13-1 of the Illinois Lottery Law are received in this
3		State. This paragraph (B-8) applies only to taxable years
4		ending on or after December 31, 2013.
5		(C) For taxable years ending before December 31, 2008,
6		sales, other than sales governed by paragraphs (B), (B-1),
7		(B-2), and (B-8) are in this State if:
8		(i) The income-producing activity is performed in
9		this State; or
10		(ii) The income-producing activity is performed
11		both within and without this State and a greater
12		proportion of the income-producing activity is
13		performed within this State than without this State,
14		based on performance costs.
15		(C-5) For taxable years ending on or after December 31,
16		2008, sales, other than sales governed by paragraphs (B),
17		(B-1), (B-2), (B-5), and (B-7), are in this State if any of
18		the following criteria are met:
19		(i) Sales from the sale or lease of real property
20		are in this State if the property is located in this
21		State.
22		(ii) Sales from the lease or rental of tangible
23		personal property are in this State if the property is
24		located in this State during the rental period. Sales
25		from the lease or rental of tangible personal property
26		that is characteristically moving property, including,

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1		but not limited to, motor vehicles, rolling stock,
2		aircraft, vessels, or mobile equipment are in this
3		State to the extent that the property is used in this
4		State.
5		(iii) In the case of interest, net gains (but not
6		less than zero) and other items of income from
7		intangible personal property, the sale is in this State
8		if:
9		(a) in the case of a taxpayer who is a dealer
10		in the item of intangible personal property within
11		the meaning of Section 475 of the Internal Revenue
12		Code, the income or gain is received from a
13		customer in this State. For purposes of this
14		subparagraph, a customer is in this State if the
15		customer is an individual, trust or estate who is a
16		resident of this State and, for all other
17		customers, if the customer's commercial domicile
18		is in this State. Unless the dealer has actual
19		knowledge of the residence or commercial domicile
20		of a customer during a taxable year, the customer
21		shall be deemed to be a customer in this State if
22		the billing address of the customer, as shown in
23		the records of the dealer, is in this State; or
24		(b) in all other cases, if the
25		income-producing activity of the taxpayer is
26		performed in this State or, if the

HB5540 Enrolled - 246 - LRB099 16003 AMC 40320 b
1		income-producing activity of the taxpayer is
2		performed both within and without this State, if a
3		greater proportion of the income-producing
4		activity of the taxpayer is performed within this
5		State than in any other state, based on performance
6		costs.
7		(iv) Sales of services are in this State if the
8		services are received in this State. For the purposes
9		of this section, gross receipts from the performance of
10		services provided to a corporation, partnership, or
11		trust may only be attributed to a state where that
12		corporation, partnership, or trust has a fixed place of
13		business. If the state where the services are received
14		is not readily determinable or is a state where the
15		corporation, partnership, or trust receiving the
16		service does not have a fixed place of business, the
17		services shall be deemed to be received at the location
18		of the office of the customer from which the services
19		were ordered in the regular course of the customer's
20		trade or business. If the ordering office cannot be
21		determined, the services shall be deemed to be received
22		at the office of the customer to which the services are
23		billed. If the taxpayer is not taxable in the state in
24		which the services are received, the sale must be
25		excluded from both the numerator and the denominator of
26		the sales factor. The Department shall adopt rules

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1		prescribing where specific types of service are
2		received, including, but not limited to, publishing,
3		and utility service.
4		(D) For taxable years ending on or after December 31,
5		1995, the following items of income shall not be included
6		in the numerator or denominator of the sales factor:
7		dividends; amounts included under Section 78 of the
8		Internal Revenue Code; and Subpart F income as defined in
9		Section 952 of the Internal Revenue Code. No inference
10		shall be drawn from the enactment of this paragraph (D) in
11		construing this Section for taxable years ending before
12		December 31, 1995.
13		(E) Paragraphs (B-1) and (B-2) shall apply to tax years
14		ending on or after December 31, 1999, provided that a
15		taxpayer may elect to apply the provisions of these
16		paragraphs to prior tax years. Such election shall be made
17		in the form and manner prescribed by the Department, shall
18		be irrevocable, and shall apply to all tax years; provided
19		that, if a taxpayer's Illinois income tax liability for any
20		tax year, as assessed under Section 903 prior to January 1,
21		1999, was computed in a manner contrary to the provisions
22		of paragraphs (B-1) or (B-2), no refund shall be payable to
23		the taxpayer for that tax year to the extent such refund is
24		the result of applying the provisions of paragraph (B-1) or
25		(B-2) retroactively. In the case of a unitary business
26		group, such election shall apply to all members of such

HB5540 Enrolled - 248 - LRB099 16003 AMC 40320 b
1		group for every tax year such group is in existence, but
2		shall not apply to any taxpayer for any period during which
3		that taxpayer is not a member of such group.
4		(b) Insurance companies.
5		(1) In general. Except as otherwise provided by
6		paragraph (2), business income of an insurance company for
7		a taxable year shall be apportioned to this State by
8		multiplying such income by a fraction, the numerator of
9		which is the direct premiums written for insurance upon
10		property or risk in this State, and the denominator of
11		which is the direct premiums written for insurance upon
12		property or risk everywhere. For purposes of this
13		subsection, the term "direct premiums written" means the
14		total amount of direct premiums written, assessments and
15		annuity considerations as reported for the taxable year on
16		the annual statement filed by the company with the Illinois
17		Director of Insurance in the form approved by the National
18		Convention of Insurance Commissioners or such other form as
19		may be prescribed in lieu thereof.
20		(2) Reinsurance. If the principal source of premiums
21		written by an insurance company consists of premiums for
22		reinsurance accepted by it, the business income of such
23		company shall be apportioned to this State by multiplying
24		such income by a fraction, the numerator of which is the
25		sum of (i) direct premiums written for insurance upon
26		property or risk in this State, plus (ii) premiums written

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1		for reinsurance accepted in respect of property or risk in
2		this State, and the denominator of which is the sum of
3		(iii) direct premiums written for insurance upon property
4		or risk everywhere, plus (iv) premiums written for
5		reinsurance accepted in respect of property or risk
6		everywhere. For purposes of this paragraph, premiums
7		written for reinsurance accepted in respect of property or
8		risk in this State, whether or not otherwise determinable,
9		may, at the election of the company, be determined on the
10		basis of the proportion which premiums written for
11		reinsurance accepted from companies commercially domiciled
12		in Illinois bears to premiums written for reinsurance
13		accepted from all sources, or, alternatively, in the
14		proportion which the sum of the direct premiums written for
15		insurance upon property or risk in this State by each
16		ceding company from which reinsurance is accepted bears to
17		the sum of the total direct premiums written by each such
18		ceding company for the taxable year. The election made by a
19		company under this paragraph for its first taxable year
20		ending on or after December 31, 2011, shall be binding for
21		that company for that taxable year and for all subsequent
22		taxable years, and may be altered only with the written
23		permission of the Department, which shall not be
24		unreasonably withheld.
25		(c) Financial organizations.
26		(1) In general. For taxable years ending before

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1		December 31, 2008, business income of a financial
2		organization shall be apportioned to this State by
3		multiplying such income by a fraction, the numerator of
4		which is its business income from sources within this
5		State, and the denominator of which is its business income
6		from all sources. For the purposes of this subsection, the
7		business income of a financial organization from sources
8		within this State is the sum of the amounts referred to in
9		subparagraphs (A) through (E) following, but excluding the
10		adjusted income of an international banking facility as
11		determined in paragraph (2):
12		(A) Fees, commissions or other compensation for
13		financial services rendered within this State;
14		(B) Gross profits from trading in stocks, bonds or
15		other securities managed within this State;
16		(C) Dividends, and interest from Illinois
17		customers, which are received within this State;
18		(D) Interest charged to customers at places of
19		business maintained within this State for carrying
20		debit balances of margin accounts, without deduction
21		of any costs incurred in carrying such accounts; and
22		(E) Any other gross income resulting from the
23		operation as a financial organization within this
24		State. In computing the amounts referred to in
25		paragraphs (A) through (E) of this subsection, any
26		amount received by a member of an affiliated group

HB5540 Enrolled - 251 - LRB099 16003 AMC 40320 b
1		(determined under Section 1504(a) of the Internal
2		Revenue Code but without reference to whether any such
3		corporation is an "includible corporation" under
4		Section 1504(b) of the Internal Revenue Code) from
5		another member of such group shall be included only to
6		the extent such amount exceeds expenses of the
7		recipient directly related thereto.
8		(2) International Banking Facility. For taxable years
9		ending before December 31, 2008:
10		(A) Adjusted Income. The adjusted income of an
11		international banking facility is its income reduced
12		by the amount of the floor amount.
13		(B) Floor Amount. The floor amount shall be the
14		amount, if any, determined by multiplying the income of
15		the international banking facility by a fraction, not
16		greater than one, which is determined as follows:
17		(i) The numerator shall be:
18		The average aggregate, determined on a
19		quarterly basis, of the financial organization's
20		loans to banks in foreign countries, to foreign
21		domiciled borrowers (except where secured
22		primarily by real estate) and to foreign
23		governments and other foreign official
24		institutions, as reported for its branches,
25		agencies and offices within the state on its
26		"Consolidated Report of Condition", Schedule A,

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1		Lines 2.c., 5.b., and 7.a., which was filed with
2		the Federal Deposit Insurance Corporation and
3		other regulatory authorities, for the year 1980,
4		minus
5		The average aggregate, determined on a
6		quarterly basis, of such loans (other than loans of
7		an international banking facility), as reported by
8		the financial institution for its branches,
9		agencies and offices within the state, on the
10		corresponding Schedule and lines of the
11		Consolidated Report of Condition for the current
12		taxable year, provided, however, that in no case
13		shall the amount determined in this clause (the
14		subtrahend) exceed the amount determined in the
15		preceding clause (the minuend); and
16		(ii) the denominator shall be the average
17		aggregate, determined on a quarterly basis, of the
18		international banking facility's loans to banks in
19		foreign countries, to foreign domiciled borrowers
20		(except where secured primarily by real estate)
21		and to foreign governments and other foreign
22		official institutions, which were recorded in its
23		financial accounts for the current taxable year.
24		(C) Change to Consolidated Report of Condition and
25		in Qualification. In the event the Consolidated Report
26		of Condition which is filed with the Federal Deposit

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1		Insurance Corporation and other regulatory authorities
2		is altered so that the information required for
3		determining the floor amount is not found on Schedule
4		A, lines 2.c., 5.b. and 7.a., the financial institution
5		shall notify the Department and the Department may, by
6		regulations or otherwise, prescribe or authorize the
7		use of an alternative source for such information. The
8		financial institution shall also notify the Department
9		should its international banking facility fail to
10		qualify as such, in whole or in part, or should there
11		be any amendment or change to the Consolidated Report
12		of Condition, as originally filed, to the extent such
13		amendment or change alters the information used in
14		determining the floor amount.
15		(3) For taxable years ending on or after December 31,
16		2008, the business income of a financial organization shall
17		be apportioned to this State by multiplying such income by
18		a fraction, the numerator of which is its gross receipts
19		from sources in this State or otherwise attributable to
20		this State's marketplace and the denominator of which is
21		its gross receipts everywhere during the taxable year.
22		"Gross receipts" for purposes of this subparagraph (3)
23		means gross income, including net taxable gain on
24		disposition of assets, including securities and money
25		market instruments, when derived from transactions and
26		activities in the regular course of the financial

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1		organization's trade or business. The following examples
2		are illustrative:
3		(i) Receipts from the lease or rental of real or
4		tangible personal property are in this State if the
5		property is located in this State during the rental
6		period. Receipts from the lease or rental of tangible
7		personal property that is characteristically moving
8		property, including, but not limited to, motor
9		vehicles, rolling stock, aircraft, vessels, or mobile
10		equipment are from sources in this State to the extent
11		that the property is used in this State.
12		(ii) Interest income, commissions, fees, gains on
13		disposition, and other receipts from assets in the
14		nature of loans that are secured primarily by real
15		estate or tangible personal property are from sources
16		in this State if the security is located in this State.
17		(iii) Interest income, commissions, fees, gains on
18		disposition, and other receipts from consumer loans
19		that are not secured by real or tangible personal
20		property are from sources in this State if the debtor
21		is a resident of this State.
22		(iv) Interest income, commissions, fees, gains on
23		disposition, and other receipts from commercial loans
24		and installment obligations that are not secured by
25		real or tangible personal property are from sources in
26		this State if the proceeds of the loan are to be

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1		applied in this State. If it cannot be determined where
2		the funds are to be applied, the income and receipts
3		are from sources in this State if the office of the
4		borrower from which the loan was negotiated in the
5		regular course of business is located in this State. If
6		the location of this office cannot be determined, the
7		income and receipts shall be excluded from the
8		numerator and denominator of the sales factor.
9		(v) Interest income, fees, gains on disposition,
10		service charges, merchant discount income, and other
11		receipts from credit card receivables are from sources
12		in this State if the card charges are regularly billed
13		to a customer in this State.
14		(vi) Receipts from the performance of services,
15		including, but not limited to, fiduciary, advisory,
16		and brokerage services, are in this State if the
17		services are received in this State within the meaning
18		of subparagraph (a)(3)(C-5)(iv) of this Section.
19		(vii) Receipts from the issuance of travelers
20		checks and money orders are from sources in this State
21		if the checks and money orders are issued from a
22		location within this State.
23		(viii) Receipts from investment assets and
24		activities and trading assets and activities are
25		included in the receipts factor as follows:
26		(1) Interest, dividends, net gains (but not

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1		less than zero) and other income from investment
2		assets and activities from trading assets and
3		activities shall be included in the receipts
4		factor. Investment assets and activities and
5		trading assets and activities include but are not
6		limited to: investment securities; trading account
7		assets; federal funds; securities purchased and
8		sold under agreements to resell or repurchase;
9		options; futures contracts; forward contracts;
10		notional principal contracts such as swaps;
11		equities; and foreign currency transactions. With
12		respect to the investment and trading assets and
13		activities described in subparagraphs (A) and (B)
14		of this paragraph, the receipts factor shall
15		include the amounts described in such
16		subparagraphs.
17		(A) The receipts factor shall include the
18		amount by which interest from federal funds
19		sold and securities purchased under resale
20		agreements exceeds interest expense on federal
21		funds purchased and securities sold under
22		repurchase agreements.
23		(B) The receipts factor shall include the
24		amount by which interest, dividends, gains and
25		other income from trading assets and
26		activities, including but not limited to

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1		assets and activities in the matched book, in
2		the arbitrage book, and foreign currency
3		transactions, exceed amounts paid in lieu of
4		interest, amounts paid in lieu of dividends,
5		and losses from such assets and activities.
6		(2) The numerator of the receipts factor
7		includes interest, dividends, net gains (but not
8		less than zero), and other income from investment
9		assets and activities and from trading assets and
10		activities described in paragraph (1) of this
11		subsection that are attributable to this State.
12		(A) The amount of interest, dividends, net
13		gains (but not less than zero), and other
14		income from investment assets and activities
15		in the investment account to be attributed to
16		this State and included in the numerator is
17		determined by multiplying all such income from
18		such assets and activities by a fraction, the
19		numerator of which is the gross income from
20		such assets and activities which are properly
21		assigned to a fixed place of business of the
22		taxpayer within this State and the denominator
23		of which is the gross income from all such
24		assets and activities.
25		(B) The amount of interest from federal
26		funds sold and purchased and from securities

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1		purchased under resale agreements and
2		securities sold under repurchase agreements
3		attributable to this State and included in the
4		numerator is determined by multiplying the
5		amount described in subparagraph (A) of
6		paragraph (1) of this subsection from such
7		funds and such securities by a fraction, the
8		numerator of which is the gross income from
9		such funds and such securities which are
10		properly assigned to a fixed place of business
11		of the taxpayer within this State and the
12		denominator of which is the gross income from
13		all such funds and such securities.
14		(C) The amount of interest, dividends,
15		gains, and other income from trading assets and
16		activities, including but not limited to
17		assets and activities in the matched book, in
18		the arbitrage book and foreign currency
19		transactions (but excluding amounts described
20		in subparagraphs (A) or (B) of this paragraph),
21		attributable to this State and included in the
22		numerator is determined by multiplying the
23		amount described in subparagraph (B) of
24		paragraph (1) of this subsection by a fraction,
25		the numerator of which is the gross income from
26		such trading assets and activities which are

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1		properly assigned to a fixed place of business
2		of the taxpayer within this State and the
3		denominator of which is the gross income from
4		all such assets and activities.
5		(D) Properly assigned, for purposes of
6		this paragraph (2) of this subsection, means
7		the investment or trading asset or activity is
8		assigned to the fixed place of business with
9		which it has a preponderance of substantive
10		contacts. An investment or trading asset or
11		activity assigned by the taxpayer to a fixed
12		place of business without the State shall be
13		presumed to have been properly assigned if:
14		(i) the taxpayer has assigned, in the
15		regular course of its business, such asset
16		or activity on its records to a fixed place
17		of business consistent with federal or
18		state regulatory requirements;
19		(ii) such assignment on its records is
20		based upon substantive contacts of the
21		asset or activity to such fixed place of
22		business; and
23		(iii) the taxpayer uses such records
24		reflecting assignment of such assets or
25		activities for the filing of all state and
26		local tax returns for which an assignment

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1		of such assets or activities to a fixed
2		place of business is required.
3		(E) The presumption of proper assignment
4		of an investment or trading asset or activity
5		provided in subparagraph (D) of paragraph (2)
6		of this subsection may be rebutted upon a
7		showing by the Department, supported by a
8		preponderance of the evidence, that the
9		preponderance of substantive contacts
10		regarding such asset or activity did not occur
11		at the fixed place of business to which it was
12		assigned on the taxpayer's records. If the
13		fixed place of business that has a
14		preponderance of substantive contacts cannot
15		be determined for an investment or trading
16		asset or activity to which the presumption in
17		subparagraph (D) of paragraph (2) of this
18		subsection does not apply or with respect to
19		which that presumption has been rebutted, that
20		asset or activity is properly assigned to the
21		state in which the taxpayer's commercial
22		domicile is located. For purposes of this
23		subparagraph (E), it shall be presumed,
24		subject to rebuttal, that taxpayer's
25		commercial domicile is in the state of the
26		United States or the District of Columbia to

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1		which the greatest number of employees are
2		regularly connected with the management of the
3		investment or trading income or out of which
4		they are working, irrespective of where the
5		services of such employees are performed, as of
6		the last day of the taxable year.
7		(4) (Blank).
8		(5) (Blank).
9		(c-1) Federally regulated exchanges. For taxable years
10		ending on or after December 31, 2012, business income of a
11		federally regulated exchange shall, at the option of the
12		federally regulated exchange, be apportioned to this State by
13		multiplying such income by a fraction, the numerator of which
14		is its business income from sources within this State, and the
15		denominator of which is its business income from all sources.
16		For purposes of this subsection, the business income within
17		this State of a federally regulated exchange is the sum of the
18		following:
19		(1) Receipts attributable to transactions executed on
20		a physical trading floor if that physical trading floor is
21		located in this State.
22		(2) Receipts attributable to all other matching,
23		execution, or clearing transactions, including without
24		limitation receipts from the provision of matching,
25		execution, or clearing services to another entity,
26		multiplied by (i) for taxable years ending on or after

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1		December 31, 2012 but before December 31, 2013, 63.77%; and
2		(ii) for taxable years ending on or after December 31,
3		2013, 27.54%.
4		(3) All other receipts not governed by subparagraphs
5		(1) or (2) of this subsection (c-1), to the extent the
6		receipts would be characterized as "sales in this State"
7		under item (3) of subsection (a) of this Section.
8		"Federally regulated exchange" means (i) a "registered
9		entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B),
10		or (C), (ii) an "exchange" or "clearing agency" within the
11		meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such
12		entities regulated under any successor regulatory structure to
13		the foregoing, and (iv) all taxpayers who are members of the
14		same unitary business group as a federally regulated exchange,
15		determined without regard to the prohibition in Section
16		1501(a)(27) of this Act against including in a unitary business
17		group taxpayers who are ordinarily required to apportion
18		business income under different subsections of this Section;
19		provided that this subparagraph (iv) shall apply only if 50% or
20		more of the business receipts of the unitary business group
21		determined by application of this subparagraph (iv) for the
22		taxable year are attributable to the matching, execution, or
23		clearing of transactions conducted by an entity described in
24		subparagraph (i), (ii), or (iii) of this paragraph.
25		In no event shall the Illinois apportionment percentage
26		computed in accordance with this subsection (c-1) for any

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1		taxpayer for any tax year be less than the Illinois
2		apportionment percentage computed under this subsection (c-1)
3		for that taxpayer for the first full tax year ending on or
4		after December 31, 2013 for which this subsection (c-1) applied
5		to the taxpayer.
6		(d) Transportation services. For taxable years ending
7		before December 31, 2008, business income derived from
8		furnishing transportation services shall be apportioned to
9		this State in accordance with paragraphs (1) and (2):
10		(1) Such business income (other than that derived from
11		transportation by pipeline) shall be apportioned to this
12		State by multiplying such income by a fraction, the
13		numerator of which is the revenue miles of the person in
14		this State, and the denominator of which is the revenue
15		miles of the person everywhere. For purposes of this
16		paragraph, a revenue mile is the transportation of 1
17		passenger or 1 net ton of freight the distance of 1 mile
18		for a consideration. Where a person is engaged in the
19		transportation of both passengers and freight, the
20		fraction above referred to shall be determined by means of
21		an average of the passenger revenue mile fraction and the
22		freight revenue mile fraction, weighted to reflect the
23		person's
24		(A) relative railway operating income from total
25		passenger and total freight service, as reported to the
26		Interstate Commerce Commission, in the case of

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1		transportation by railroad, and
2		(B) relative gross receipts from passenger and
3		freight transportation, in case of transportation
4		other than by railroad.
5		(2) Such business income derived from transportation
6		by pipeline shall be apportioned to this State by
7		multiplying such income by a fraction, the numerator of
8		which is the revenue miles of the person in this State, and
9		the denominator of which is the revenue miles of the person
10		everywhere. For the purposes of this paragraph, a revenue
11		mile is the transportation by pipeline of 1 barrel of oil,
12		1,000 cubic feet of gas, or of any specified quantity of
13		any other substance, the distance of 1 mile for a
14		consideration.
15		(3) For taxable years ending on or after December 31,
16		2008, business income derived from providing
17		transportation services other than airline services shall
18		be apportioned to this State by using a fraction, (a) the
19		numerator of which shall be (i) all receipts from any
20		movement or shipment of people, goods, mail, oil, gas, or
21		any other substance (other than by airline) that both
22		originates and terminates in this State, plus (ii) that
23		portion of the person's gross receipts from movements or
24		shipments of people, goods, mail, oil, gas, or any other
25		substance (other than by airline) that originates in one
26		state or jurisdiction and terminates in another state or

HB5540 Enrolled - 265 - LRB099 16003 AMC 40320 b
1		jurisdiction, that is determined by the ratio that the
2		miles traveled in this State bears to total miles
3		everywhere and (b) the denominator of which shall be all
4		revenue derived from the movement or shipment of people,
5		goods, mail, oil, gas, or any other substance (other than
6		by airline). Where a taxpayer is engaged in the
7		transportation of both passengers and freight, the
8		fraction above referred to shall first be determined
9		separately for passenger miles and freight miles. Then an
10		average of the passenger miles fraction and the freight
11		miles fraction shall be weighted to reflect the taxpayer's:
12		(A) relative railway operating income from total
13		passenger and total freight service, as reported to the
14		Surface Transportation Board, in the case of
15		transportation by railroad; and
16		(B) relative gross receipts from passenger and
17		freight transportation, in case of transportation
18		other than by railroad.
19		(4) For taxable years ending on or after December 31,
20		2008, business income derived from furnishing airline
21		transportation services shall be apportioned to this State
22		by multiplying such income by a fraction, the numerator of
23		which is the revenue miles of the person in this State, and
24		the denominator of which is the revenue miles of the person
25		everywhere. For purposes of this paragraph, a revenue mile
26		is the transportation of one passenger or one net ton of

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1		freight the distance of one mile for a consideration. If a
2		person is engaged in the transportation of both passengers
3		and freight, the fraction above referred to shall be
4		determined by means of an average of the passenger revenue
5		mile fraction and the freight revenue mile fraction,
6		weighted to reflect the person's relative gross receipts
7		from passenger and freight airline transportation.
8		(e) Combined apportionment. Where 2 or more persons are
9		engaged in a unitary business as described in subsection
10		(a)(27) of Section 1501, a part of which is conducted in this
11		State by one or more members of the group, the business income
12		attributable to this State by any such member or members shall
13		be apportioned by means of the combined apportionment method.
14		(f) Alternative allocation. If the allocation and
15		apportionment provisions of subsections (a) through (e) and of
16		subsection (h) do not, for taxable years ending before December
17		31, 2008, fairly represent the extent of a person's business
18		activity in this State, or, for taxable years ending on or
19		after December 31, 2008, fairly represent the market for the
20		person's goods, services, or other sources of business income,
21		the person may petition for, or the Director may, without a
22		petition, permit or require, in respect of all or any part of
23		the person's business activity, if reasonable:
24		(1) Separate accounting;
25		(2) The exclusion of any one or more factors;
26		(3) The inclusion of one or more additional factors

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1		which will fairly represent the person's business
2		activities or market in this State; or
3		(4) The employment of any other method to effectuate an
4		equitable allocation and apportionment of the person's
5		business income.
6		(g) Cross reference. For allocation of business income by
7		residents, see Section 301(a).
8		(h) For tax years ending on or after December 31, 1998, the
9		apportionment factor of persons who apportion their business
10		income to this State under subsection (a) shall be equal to:
11		(1) for tax years ending on or after December 31, 1998
12		and before December 31, 1999, 16 2/3% of the property
13		factor plus 16 2/3% of the payroll factor plus 66 2/3% of
14		the sales factor;
15		(2) for tax years ending on or after December 31, 1999
16		and before December 31, 2000, 8 1/3% of the property factor
17		plus 8 1/3% of the payroll factor plus 83 1/3% of the sales
18		factor;
19		(3) for tax years ending on or after December 31, 2000,
20		the sales factor.
21		If, in any tax year ending on or after December 31, 1998 and
22		before December 31, 2000, the denominator of the payroll,
23		property, or sales factor is zero, the apportionment factor
24		computed in paragraph (1) or (2) of this subsection for that
25		year shall be divided by an amount equal to 100% minus the
26		percentage weight given to each factor whose denominator is

HB5540 Enrolled - 268 - LRB099 16003 AMC 40320 b
1		equal to zero.
2		(Source: P.A. 97-507, eff. 8-23-11; 97-636, eff. 6-1-12;
3		98-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756, eff. 7-16-14;
4		revised 10-19-15.)
5		(35 ILCS 5/507DDD)
6		Sec. 507DDD. Special Olympics Illinois and Special
7		Children's Checkoff. For taxable years beginning on or after
8		January 1, 2015, the Department shall print on its standard
9		individual income tax form a provision indicating that if the
10		taxpayer wishes to contribute to the Special Olympics Illinois
11		and Special Children's Charities Checkoff Fund as authorized by
12		Public Act 99-423 this amendatory Act of the 99th General
13		Assembly, he or she may do so by stating the amount of the
14		contribution (not less than $1) on the return and that the
15		contribution will reduce the taxpayer's refund or increase the
16		amount of payment to accompany the return. Failure to remit any
17		amount of increased payment shall reduce the contribution
18		accordingly. This Section shall not apply to an amended return.
19		For the purpose of this Section, the Department of Revenue must
20		distribute the moneys as provided in subsection 21.9(b) of the
21		Illinois Lottery Law: (i) 75% of the moneys to Special Olympics
22		Illinois to support the statewide training, competitions, and
23		programs for future Special Olympics athletes; and (ii) 25% of
24		the moneys to Special Children's Charities to support the City
25		of Chicago-wide training, competitions, and programs for

HB5540 Enrolled - 269 - LRB099 16003 AMC 40320 b
1		future Special Olympics athletes.
2		(Source: P.A. 99-423, eff. 8-20-15; revised 10-20-15.)
3		Section 160. The Service Use Tax Act is amended by changing
4		Section 3-10 as follows:
5		(35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
6		Sec. 3-10. Rate of tax. Unless otherwise provided in this
7		Section, the tax imposed by this Act is at the rate of 6.25% of
8		the selling price of tangible personal property transferred as
9		an incident to the sale of service, but, for the purpose of
10		computing this tax, in no event shall the selling price be less
11		than the cost price of the property to the serviceman.
12		Beginning on July 1, 2000 and through December 31, 2000,
13		with respect to motor fuel, as defined in Section 1.1 of the
14		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
15		the Use Tax Act, the tax is imposed at the rate of 1.25%.
16		With respect to gasohol, as defined in the Use Tax Act, the
17		tax imposed by this Act applies to (i) 70% of the selling price
18		of property transferred as an incident to the sale of service
19		on or after January 1, 1990, and before July 1, 2003, (ii) 80%
20		of the selling price of property transferred as an incident to
21		the sale of service on or after July 1, 2003 and on or before
22		December 31, 2018, and (iii) 100% of the selling price
23		thereafter. If, at any time, however, the tax under this Act on
24		sales of gasohol, as defined in the Use Tax Act, is imposed at

HB5540 Enrolled - 270 - LRB099 16003 AMC 40320 b
1		the rate of 1.25%, then the tax imposed by this Act applies to
2		100% of the proceeds of sales of gasohol made during that time.
3		With respect to majority blended ethanol fuel, as defined
4		in the Use Tax Act, the tax imposed by this Act does not apply
5		to the selling price of property transferred as an incident to
6		the sale of service on or after July 1, 2003 and on or before
7		December 31, 2018 but applies to 100% of the selling price
8		thereafter.
9		With respect to biodiesel blends, as defined in the Use Tax
10		Act, with no less than 1% and no more than 10% biodiesel, the
11		tax imposed by this Act applies to (i) 80% of the selling price
12		of property transferred as an incident to the sale of service
13		on or after July 1, 2003 and on or before December 31, 2018 and
14		(ii) 100% of the proceeds of the selling price thereafter. If,
15		at any time, however, the tax under this Act on sales of
16		biodiesel blends, as defined in the Use Tax Act, with no less
17		than 1% and no more than 10% biodiesel is imposed at the rate
18		of 1.25%, then the tax imposed by this Act applies to 100% of
19		the proceeds of sales of biodiesel blends with no less than 1%
20		and no more than 10% biodiesel made during that time.
21		With respect to 100% biodiesel, as defined in the Use Tax
22		Act, and biodiesel blends, as defined in the Use Tax Act, with
23		more than 10% but no more than 99% biodiesel, the tax imposed
24		by this Act does not apply to the proceeds of the selling price
25		of property transferred as an incident to the sale of service
26		on or after July 1, 2003 and on or before December 31, 2018 but

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1		applies to 100% of the selling price thereafter.
2		At the election of any registered serviceman made for each
3		fiscal year, sales of service in which the aggregate annual
4		cost price of tangible personal property transferred as an
5		incident to the sales of service is less than 35%, or 75% in
6		the case of servicemen transferring prescription drugs or
7		servicemen engaged in graphic arts production, of the aggregate
8		annual total gross receipts from all sales of service, the tax
9		imposed by this Act shall be based on the serviceman's cost
10		price of the tangible personal property transferred as an
11		incident to the sale of those services.
12		The tax shall be imposed at the rate of 1% on food prepared
13		for immediate consumption and transferred incident to a sale of
14		service subject to this Act or the Service Occupation Tax Act
15		by an entity licensed under the Hospital Licensing Act, the
16		Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
17		Act, the Specialized Mental Health Rehabilitation Act of 2013,
18		or the Child Care Act of 1969. The tax shall also be imposed at
19		the rate of 1% on food for human consumption that is to be
20		consumed off the premises where it is sold (other than
21		alcoholic beverages, soft drinks, and food that has been
22		prepared for immediate consumption and is not otherwise
23		included in this paragraph) and prescription and
24		nonprescription medicines, drugs, medical appliances,
25		modifications to a motor vehicle for the purpose of rendering
26		it usable by a person with a disability, and insulin, urine

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1		testing materials, syringes, and needles used by diabetics, for
2		human use. For the purposes of this Section, until September 1,
3		2009: the term "soft drinks" means any complete, finished,
4		ready-to-use, non-alcoholic drink, whether carbonated or not,
5		including but not limited to soda water, cola, fruit juice,
6		vegetable juice, carbonated water, and all other preparations
7		commonly known as soft drinks of whatever kind or description
8		that are contained in any closed or sealed bottle, can, carton,
9		or container, regardless of size; but "soft drinks" does not
10		include coffee, tea, non-carbonated water, infant formula,
11		milk or milk products as defined in the Grade A Pasteurized
12		Milk and Milk Products Act, or drinks containing 50% or more
13		natural fruit or vegetable juice.
14		Notwithstanding any other provisions of this Act,
15		beginning September 1, 2009, "soft drinks" means non-alcoholic
16		beverages that contain natural or artificial sweeteners. "Soft
17		drinks" do not include beverages that contain milk or milk
18		products, soy, rice or similar milk substitutes, or greater
19		than 50% of vegetable or fruit juice by volume.
20		Until August 1, 2009, and notwithstanding any other
21		provisions of this Act, "food for human consumption that is to
22		be consumed off the premises where it is sold" includes all
23		food sold through a vending machine, except soft drinks and
24		food products that are dispensed hot from a vending machine,
25		regardless of the location of the vending machine. Beginning
26		August 1, 2009, and notwithstanding any other provisions of

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1		this Act, "food for human consumption that is to be consumed
2		off the premises where it is sold" includes all food sold
3		through a vending machine, except soft drinks, candy, and food
4		products that are dispensed hot from a vending machine,
5		regardless of the location of the vending machine.
6		Notwithstanding any other provisions of this Act,
7		beginning September 1, 2009, "food for human consumption that
8		is to be consumed off the premises where it is sold" does not
9		include candy. For purposes of this Section, "candy" means a
10		preparation of sugar, honey, or other natural or artificial
11		sweeteners in combination with chocolate, fruits, nuts or other
12		ingredients or flavorings in the form of bars, drops, or
13		pieces. "Candy" does not include any preparation that contains
14		flour or requires refrigeration.
15		Notwithstanding any other provisions of this Act,
16		beginning September 1, 2009, "nonprescription medicines and
17		drugs" does not include grooming and hygiene products. For
18		purposes of this Section, "grooming and hygiene products"
19		includes, but is not limited to, soaps and cleaning solutions,
20		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
21		lotions and screens, unless those products are available by
22		prescription only, regardless of whether the products meet the
23		definition of "over-the-counter-drugs". For the purposes of
24		this paragraph, "over-the-counter-drug" means a drug for human
25		use that contains a label that identifies the product as a drug
26		as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"

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1		label includes:
2		(A) A "Drug Facts" panel; or
3		(B) A statement of the "active ingredient(s)" with a
4		list of those ingredients contained in the compound,
5		substance or preparation.
6		Beginning on January 1, 2014 (the effective date of Public
7		Act 98-122), "prescription and nonprescription medicines and
8		drugs" includes medical cannabis purchased from a registered
9		dispensing organization under the Compassionate Use of Medical
10		Cannabis Pilot Program Act.
11		If the property that is acquired from a serviceman is
12		acquired outside Illinois and used outside Illinois before
13		being brought to Illinois for use here and is taxable under
14		this Act, the "selling price" on which the tax is computed
15		shall be reduced by an amount that represents a reasonable
16		allowance for depreciation for the period of prior out-of-state
17		use.
18		(Source: P.A. 98-104, eff. 7-22-13; 98-122, eff. 1-1-14;
19		98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-180, eff.
20		7-29-15; revised 10-16-15.)
21		Section 165. The Service Occupation Tax Act is amended by
22		changing Section 3-10 as follows:
23		(35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
24		Sec. 3-10. Rate of tax. Unless otherwise provided in this

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1		Section, the tax imposed by this Act is at the rate of 6.25% of
2		the "selling price", as defined in Section 2 of the Service Use
3		Tax Act, of the tangible personal property. For the purpose of
4		computing this tax, in no event shall the "selling price" be
5		less than the cost price to the serviceman of the tangible
6		personal property transferred. The selling price of each item
7		of tangible personal property transferred as an incident of a
8		sale of service may be shown as a distinct and separate item on
9		the serviceman's billing to the service customer. If the
10		selling price is not so shown, the selling price of the
11		tangible personal property is deemed to be 50% of the
12		serviceman's entire billing to the service customer. When,
13		however, a serviceman contracts to design, develop, and produce
14		special order machinery or equipment, the tax imposed by this
15		Act shall be based on the serviceman's cost price of the
16		tangible personal property transferred incident to the
17		completion of the contract.
18		Beginning on July 1, 2000 and through December 31, 2000,
19		with respect to motor fuel, as defined in Section 1.1 of the
20		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
21		the Use Tax Act, the tax is imposed at the rate of 1.25%.
22		With respect to gasohol, as defined in the Use Tax Act, the
23		tax imposed by this Act shall apply to (i) 70% of the cost
24		price of property transferred as an incident to the sale of
25		service on or after January 1, 1990, and before July 1, 2003,
26		(ii) 80% of the selling price of property transferred as an

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1		incident to the sale of service on or after July 1, 2003 and on
2		or before December 31, 2018, and (iii) 100% of the cost price
3		thereafter. If, at any time, however, the tax under this Act on
4		sales of gasohol, as defined in the Use Tax Act, is imposed at
5		the rate of 1.25%, then the tax imposed by this Act applies to
6		100% of the proceeds of sales of gasohol made during that time.
7		With respect to majority blended ethanol fuel, as defined
8		in the Use Tax Act, the tax imposed by this Act does not apply
9		to the selling price of property transferred as an incident to
10		the sale of service on or after July 1, 2003 and on or before
11		December 31, 2018 but applies to 100% of the selling price
12		thereafter.
13		With respect to biodiesel blends, as defined in the Use Tax
14		Act, with no less than 1% and no more than 10% biodiesel, the
15		tax imposed by this Act applies to (i) 80% of the selling price
16		of property transferred as an incident to the sale of service
17		on or after July 1, 2003 and on or before December 31, 2018 and
18		(ii) 100% of the proceeds of the selling price thereafter. If,
19		at any time, however, the tax under this Act on sales of
20		biodiesel blends, as defined in the Use Tax Act, with no less
21		than 1% and no more than 10% biodiesel is imposed at the rate
22		of 1.25%, then the tax imposed by this Act applies to 100% of
23		the proceeds of sales of biodiesel blends with no less than 1%
24		and no more than 10% biodiesel made during that time.
25		With respect to 100% biodiesel, as defined in the Use Tax
26		Act, and biodiesel blends, as defined in the Use Tax Act, with

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1		more than 10% but no more than 99% biodiesel material, the tax
2		imposed by this Act does not apply to the proceeds of the
3		selling price of property transferred as an incident to the
4		sale of service on or after July 1, 2003 and on or before
5		December 31, 2018 but applies to 100% of the selling price
6		thereafter.
7		At the election of any registered serviceman made for each
8		fiscal year, sales of service in which the aggregate annual
9		cost price of tangible personal property transferred as an
10		incident to the sales of service is less than 35%, or 75% in
11		the case of servicemen transferring prescription drugs or
12		servicemen engaged in graphic arts production, of the aggregate
13		annual total gross receipts from all sales of service, the tax
14		imposed by this Act shall be based on the serviceman's cost
15		price of the tangible personal property transferred incident to
16		the sale of those services.
17		The tax shall be imposed at the rate of 1% on food prepared
18		for immediate consumption and transferred incident to a sale of
19		service subject to this Act or the Service Occupation Tax Act
20		by an entity licensed under the Hospital Licensing Act, the
21		Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
22		Act, the Specialized Mental Health Rehabilitation Act of 2013,
23		or the Child Care Act of 1969. The tax shall also be imposed at
24		the rate of 1% on food for human consumption that is to be
25		consumed off the premises where it is sold (other than
26		alcoholic beverages, soft drinks, and food that has been

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1		prepared for immediate consumption and is not otherwise
2		included in this paragraph) and prescription and
3		nonprescription medicines, drugs, medical appliances,
4		modifications to a motor vehicle for the purpose of rendering
5		it usable by a person with a disability, and insulin, urine
6		testing materials, syringes, and needles used by diabetics, for
7		human use. For the purposes of this Section, until September 1,
8		2009: the term "soft drinks" means any complete, finished,
9		ready-to-use, non-alcoholic drink, whether carbonated or not,
10		including but not limited to soda water, cola, fruit juice,
11		vegetable juice, carbonated water, and all other preparations
12		commonly known as soft drinks of whatever kind or description
13		that are contained in any closed or sealed can, carton, or
14		container, regardless of size; but "soft drinks" does not
15		include coffee, tea, non-carbonated water, infant formula,
16		milk or milk products as defined in the Grade A Pasteurized
17		Milk and Milk Products Act, or drinks containing 50% or more
18		natural fruit or vegetable juice.
19		Notwithstanding any other provisions of this Act,
20		beginning September 1, 2009, "soft drinks" means non-alcoholic
21		beverages that contain natural or artificial sweeteners. "Soft
22		drinks" do not include beverages that contain milk or milk
23		products, soy, rice or similar milk substitutes, or greater
24		than 50% of vegetable or fruit juice by volume.
25		Until August 1, 2009, and notwithstanding any other
26		provisions of this Act, "food for human consumption that is to

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1		be consumed off the premises where it is sold" includes all
2		food sold through a vending machine, except soft drinks and
3		food products that are dispensed hot from a vending machine,
4		regardless of the location of the vending machine. Beginning
5		August 1, 2009, and notwithstanding any other provisions of
6		this Act, "food for human consumption that is to be consumed
7		off the premises where it is sold" includes all food sold
8		through a vending machine, except soft drinks, candy, and food
9		products that are dispensed hot from a vending machine,
10		regardless of the location of the vending machine.
11		Notwithstanding any other provisions of this Act,
12		beginning September 1, 2009, "food for human consumption that
13		is to be consumed off the premises where it is sold" does not
14		include candy. For purposes of this Section, "candy" means a
15		preparation of sugar, honey, or other natural or artificial
16		sweeteners in combination with chocolate, fruits, nuts or other
17		ingredients or flavorings in the form of bars, drops, or
18		pieces. "Candy" does not include any preparation that contains
19		flour or requires refrigeration.
20		Notwithstanding any other provisions of this Act,
21		beginning September 1, 2009, "nonprescription medicines and
22		drugs" does not include grooming and hygiene products. For
23		purposes of this Section, "grooming and hygiene products"
24		includes, but is not limited to, soaps and cleaning solutions,
25		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
26		lotions and screens, unless those products are available by

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1		prescription only, regardless of whether the products meet the
2		definition of "over-the-counter-drugs". For the purposes of
3		this paragraph, "over-the-counter-drug" means a drug for human
4		use that contains a label that identifies the product as a drug
5		as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
6		label includes:
7		(A) A "Drug Facts" panel; or
8		(B) A statement of the "active ingredient(s)" with a
9		list of those ingredients contained in the compound,
10		substance or preparation.
11		Beginning on January 1, 2014 (the effective date of Public
12		Act 98-122), "prescription and nonprescription medicines and
13		drugs" includes medical cannabis purchased from a registered
14		dispensing organization under the Compassionate Use of Medical
15		Cannabis Pilot Program Act.
16		(Source: P.A. 98-104, eff. 7-22-13; 98-122, eff. 1-1-14;
17		98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-180, eff.
18		7-29-15; revised 10-16-15.)
19		Section 170. The Property Tax Code is amended by changing
20		Sections 9-195, 15-168, 15-169, 15-172, and 15-175 as follows:
21		(35 ILCS 200/9-195)
22		Sec. 9-195. Leasing of exempt property.
23		(a) Except as provided in Sections 15-35, 15-55, 15-60,
24		15-100, 15-103, 15-160, and 15-185, when property which is

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1		exempt from taxation is leased to another whose property is not
2		exempt, and the leasing of which does not make the property
3		taxable, the leasehold estate and the appurtenances shall be
4		listed as the property of the lessee thereof, or his or her
5		assignee. Taxes on that property shall be collected in the same
6		manner as on property that is not exempt, and the lessee shall
7		be liable for those taxes. However, no tax lien shall attach to
8		the exempt real estate. The changes made by Public Act 90-562
9		this amendatory Act of 1997 and by Public Act 91-513 this
10		amendatory Act of the 91st General Assembly are declaratory of
11		existing law and shall not be construed as a new enactment. The
12		changes made by Public Acts 88-221 and 88-420 that are
13		incorporated into this Section by Public Act 88-670 this
14		amendatory Act of 1993 are declarative of existing law and are
15		not a new enactment.
16		(b) The provisions of this Section regarding taxation of
17		leasehold interests in exempt property do not apply to any
18		leasehold interest created pursuant to any transaction
19		described in subsection (e) of Section 15-35, subsection (c-5)
20		of Section 15-60, subsection (b) of Section 15-100, Section
21		15-103, Section 15-160, or Section 15-185 of this Code , or
22		Section 6c of the Downstate Forest Preserve District Act.
23		(Source: P.A. 99-219, eff. 7-31-15; revised 10-20-15.)
24		(35 ILCS 200/15-168)
25		Sec. 15-168. Homestead exemption for persons with

HB5540 Enrolled - 282 - LRB099 16003 AMC 40320 b
1		disabilities.
2		(a) Beginning with taxable year 2007, an annual homestead
3		exemption is granted to persons with disabilities in the amount
4		of $2,000, except as provided in subsection (c), to be deducted
5		from the property's value as equalized or assessed by the
6		Department of Revenue. The person with a disability shall
7		receive the homestead exemption upon meeting the following
8		requirements:
9		(1) The property must be occupied as the primary
10		residence by the person with a disability.
11		(2) The person with a disability must be liable for
12		paying the real estate taxes on the property.
13		(3) The person with a disability must be an owner of
14		record of the property or have a legal or equitable
15		interest in the property as evidenced by a written
16		instrument. In the case of a leasehold interest in
17		property, the lease must be for a single family residence.
18		A person who has a disability during the taxable year is
19		eligible to apply for this homestead exemption during that
20		taxable year. Application must be made during the application
21		period in effect for the county of residence. If a homestead
22		exemption has been granted under this Section and the person
23		awarded the exemption subsequently becomes a resident of a
24		facility licensed under the Nursing Home Care Act, the
25		Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
26		Community Care Act, or the MC/DD Act, then the exemption shall

HB5540 Enrolled - 283 - LRB099 16003 AMC 40320 b
1		continue (i) so long as the residence continues to be occupied
2		by the qualifying person's spouse or (ii) if the residence
3		remains unoccupied but is still owned by the person qualified
4		for the homestead exemption.
5		(b) For the purposes of this Section, "person with a
6		disability" means a person unable to engage in any substantial
7		gainful activity by reason of a medically determinable physical
8		or mental impairment which can be expected to result in death
9		or has lasted or can be expected to last for a continuous
10		period of not less than 12 months. Persons with disabilities
11		filing claims under this Act shall submit proof of disability
12		in such form and manner as the Department shall by rule and
13		regulation prescribe. Proof that a claimant is eligible to
14		receive disability benefits under the Federal Social Security
15		Act shall constitute proof of disability for purposes of this
16		Act. Issuance of an Illinois Person with a Disability
17		Identification Card stating that the claimant is under a Class
18		2 disability, as defined in Section 4A of the Illinois
19		Identification Card Act, shall constitute proof that the person
20		named thereon is a person with a disability for purposes of
21		this Act. A person with a disability not covered under the
22		Federal Social Security Act and not presenting an Illinois
23		Person with a Disability Identification Card stating that the
24		claimant is under a Class 2 disability shall be examined by a
25		physician designated by the Department, and his status as a
26		person with a disability determined using the same standards as

HB5540 Enrolled - 284 - LRB099 16003 AMC 40320 b
1		used by the Social Security Administration. The costs of any
2		required examination shall be borne by the claimant.
3		(c) For land improved with (i) an apartment building owned
4		and operated as a cooperative or (ii) a life care facility as
5		defined under Section 2 of the Life Care Facilities Act that is
6		considered to be a cooperative, the maximum reduction from the
7		value of the property, as equalized or assessed by the
8		Department, shall be multiplied by the number of apartments or
9		units occupied by a person with a disability. The person with a
10		disability shall receive the homestead exemption upon meeting
11		the following requirements:
12		(1) The property must be occupied as the primary
13		residence by the person with a disability.
14		(2) The person with a disability must be liable by
15		contract with the owner or owners of record for paying the
16		apportioned property taxes on the property of the
17		cooperative or life care facility. In the case of a life
18		care facility, the person with a disability must be liable
19		for paying the apportioned property taxes under a life care
20		contract as defined in Section 2 of the Life Care
21		Facilities Act.
22		(3) The person with a disability must be an owner of
23		record of a legal or equitable interest in the cooperative
24		apartment building. A leasehold interest does not meet this
25		requirement.
26		If a homestead exemption is granted under this subsection, the

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1		cooperative association or management firm shall credit the
2		savings resulting from the exemption to the apportioned tax
3		liability of the qualifying person with a disability. The chief
4		county assessment officer may request reasonable proof that the
5		association or firm has properly credited the exemption. A
6		person who willfully refuses to credit an exemption to the
7		qualified person with a disability is guilty of a Class B
8		misdemeanor.
9		(d) The chief county assessment officer shall determine the
10		eligibility of property to receive the homestead exemption
11		according to guidelines established by the Department. After a
12		person has received an exemption under this Section, an annual
13		verification of eligibility for the exemption shall be mailed
14		to the taxpayer.
15		In counties with fewer than 3,000,000 inhabitants, the
16		chief county assessment officer shall provide to each person
17		granted a homestead exemption under this Section a form to
18		designate any other person to receive a duplicate of any notice
19		of delinquency in the payment of taxes assessed and levied
20		under this Code on the person's qualifying property. The
21		duplicate notice shall be in addition to the notice required to
22		be provided to the person receiving the exemption and shall be
23		given in the manner required by this Code. The person filing
24		the request for the duplicate notice shall pay an
25		administrative fee of $5 to the chief county assessment
26		officer. The assessment officer shall then file the executed

HB5540 Enrolled - 286 - LRB099 16003 AMC 40320 b
1		designation with the county collector, who shall issue the
2		duplicate notices as indicated by the designation. A
3		designation may be rescinded by the person with a disability in
4		the manner required by the chief county assessment officer.
5		(e) A taxpayer who claims an exemption under Section 15-165
6		or 15-169 may not claim an exemption under this Section.
7		(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
8		99-180, eff. 7-29-15; revised 10-20-15.)
9		(35 ILCS 200/15-169)
10		Sec. 15-169. Homestead exemption for veterans with
11		disabilities.
12		(a) Beginning with taxable year 2007, an annual homestead
13		exemption, limited to the amounts set forth in subsections (b)
14		and (b-3), is granted for property that is used as a qualified
15		residence by a veteran with a disability.
16		(b) For taxable years prior to 2015, the amount of the
17		exemption under this Section is as follows:
18		(1) for veterans with a service-connected disability
19		of at least (i) 75% for exemptions granted in taxable years
20		2007 through 2009 and (ii) 70% for exemptions granted in
21		taxable year 2010 and each taxable year thereafter, as
22		certified by the United States Department of Veterans
23		Affairs, the annual exemption is $5,000; and
24		(2) for veterans with a service-connected disability
25		of at least 50%, but less than (i) 75% for exemptions

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1		granted in taxable years 2007 through 2009 and (ii) 70% for
2		exemptions granted in taxable year 2010 and each taxable
3		year thereafter, as certified by the United States
4		Department of Veterans Affairs, the annual exemption is
5		$2,500.
6		(b-3) For taxable years 2015 and thereafter:
7		(1) if the veteran has a service connected disability
8		of 30% or more but less than 50%, as certified by the
9		United States Department of Veterans Affairs, then the
10		annual exemption is $2,500;
11		(2) if the veteran has a service connected disability
12		of 50% or more but less than 70%, as certified by the
13		United States Department of Veterans Affairs, then the
14		annual exemption is $5,000; and
15		(3) if the veteran has a service connected disability
16		of 70% or more, as certified by the United States
17		Department of Veterans Affairs, then the property is exempt
18		from taxation under this Code.
19		(b-5) If a homestead exemption is granted under this
20		Section and the person awarded the exemption subsequently
21		becomes a resident of a facility licensed under the Nursing
22		Home Care Act or a facility operated by the United States
23		Department of Veterans Affairs, then the exemption shall
24		continue (i) so long as the residence continues to be occupied
25		by the qualifying person's spouse or (ii) if the residence
26		remains unoccupied but is still owned by the person who

HB5540 Enrolled - 288 - LRB099 16003 AMC 40320 b
1		qualified for the homestead exemption.
2		(c) The tax exemption under this Section carries over to
3		the benefit of the veteran's surviving spouse as long as the
4		spouse holds the legal or beneficial title to the homestead,
5		permanently resides thereon, and does not remarry. If the
6		surviving spouse sells the property, an exemption not to exceed
7		the amount granted from the most recent ad valorem tax roll may
8		be transferred to his or her new residence as long as it is
9		used as his or her primary residence and he or she does not
10		remarry.
11		(c-1) Beginning with taxable year 2015, nothing in this
12		Section shall require the veteran to have qualified for or
13		obtained the exemption before death if the veteran was killed
14		in the line of duty.
15		(d) The exemption under this Section applies for taxable
16		year 2007 and thereafter. A taxpayer who claims an exemption
17		under Section 15-165 or 15-168 may not claim an exemption under
18		this Section.
19		(e) Each taxpayer who has been granted an exemption under
20		this Section must reapply on an annual basis. Application must
21		be made during the application period in effect for the county
22		of his or her residence. The assessor or chief county
23		assessment officer may determine the eligibility of
24		residential property to receive the homestead exemption
25		provided by this Section by application, visual inspection,
26		questionnaire, or other reasonable methods. The determination

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1		must be made in accordance with guidelines established by the
2		Department.
3		(f) For the purposes of this Section:
4		"Qualified residence" means real property, but less any
5		portion of that property that is used for commercial purposes,
6		with an equalized assessed value of less than $250,000 that is
7		the primary residence of a veteran with a disability. Property
8		rented for more than 6 months is presumed to be used for
9		commercial purposes.
10		"Veteran" means an Illinois resident who has served as a
11		member of the United States Armed Forces on active duty or
12		State active duty, a member of the Illinois National Guard, or
13		a member of the United States Reserve Forces and who has
14		received an honorable discharge.
15		(Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15;
16		99-375, eff. 8-17-15; revised 10-9-15.)
17		(35 ILCS 200/15-172)
18		Sec. 15-172. Senior Citizens Assessment Freeze Homestead
19		Exemption.
20		(a) This Section may be cited as the Senior Citizens
21		Assessment Freeze Homestead Exemption.
22		(b) As used in this Section:
23		"Applicant" means an individual who has filed an
24		application under this Section.
25		"Base amount" means the base year equalized assessed value

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1		of the residence plus the first year's equalized assessed value
2		of any added improvements which increased the assessed value of
3		the residence after the base year.
4		"Base year" means the taxable year prior to the taxable
5		year for which the applicant first qualifies and applies for
6		the exemption provided that in the prior taxable year the
7		property was improved with a permanent structure that was
8		occupied as a residence by the applicant who was liable for
9		paying real property taxes on the property and who was either
10		(i) an owner of record of the property or had legal or
11		equitable interest in the property as evidenced by a written
12		instrument or (ii) had a legal or equitable interest as a
13		lessee in the parcel of property that was single family
14		residence. If in any subsequent taxable year for which the
15		applicant applies and qualifies for the exemption the equalized
16		assessed value of the residence is less than the equalized
17		assessed value in the existing base year (provided that such
18		equalized assessed value is not based on an assessed value that
19		results from a temporary irregularity in the property that
20		reduces the assessed value for one or more taxable years), then
21		that subsequent taxable year shall become the base year until a
22		new base year is established under the terms of this paragraph.
23		For taxable year 1999 only, the Chief County Assessment Officer
24		shall review (i) all taxable years for which the applicant
25		applied and qualified for the exemption and (ii) the existing
26		base year. The assessment officer shall select as the new base

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1		year the year with the lowest equalized assessed value. An
2		equalized assessed value that is based on an assessed value
3		that results from a temporary irregularity in the property that
4		reduces the assessed value for one or more taxable years shall
5		not be considered the lowest equalized assessed value. The
6		selected year shall be the base year for taxable year 1999 and
7		thereafter until a new base year is established under the terms
8		of this paragraph.
9		"Chief County Assessment Officer" means the County
10		Assessor or Supervisor of Assessments of the county in which
11		the property is located.
12		"Equalized assessed value" means the assessed value as
13		equalized by the Illinois Department of Revenue.
14		"Household" means the applicant, the spouse of the
15		applicant, and all persons using the residence of the applicant
16		as their principal place of residence.
17		"Household income" means the combined income of the members
18		of a household for the calendar year preceding the taxable
19		year.
20		"Income" has the same meaning as provided in Section 3.07
21		of the Senior Citizens and Persons with Disabilities Property
22		Tax Relief Act, except that, beginning in assessment year 2001,
23		"income" does not include veteran's benefits.
24		"Internal Revenue Code of 1986" means the United States
25		Internal Revenue Code of 1986 or any successor law or laws
26		relating to federal income taxes in effect for the year

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1		preceding the taxable year.
2		"Life care facility that qualifies as a cooperative" means
3		a facility as defined in Section 2 of the Life Care Facilities
4		Act.
5		"Maximum income limitation" means:
6		(1) $35,000 prior to taxable year 1999;
7		(2) $40,000 in taxable years 1999 through 2003;
8		(3) $45,000 in taxable years 2004 through 2005;
9		(4) $50,000 in taxable years 2006 and 2007; and
10		(5) $55,000 in taxable year 2008 and thereafter.
11		"Residence" means the principal dwelling place and
12		appurtenant structures used for residential purposes in this
13		State occupied on January 1 of the taxable year by a household
14		and so much of the surrounding land, constituting the parcel
15		upon which the dwelling place is situated, as is used for
16		residential purposes. If the Chief County Assessment Officer
17		has established a specific legal description for a portion of
18		property constituting the residence, then that portion of
19		property shall be deemed the residence for the purposes of this
20		Section.
21		"Taxable year" means the calendar year during which ad
22		valorem property taxes payable in the next succeeding year are
23		levied.
24		(c) Beginning in taxable year 1994, a senior citizens
25		assessment freeze homestead exemption is granted for real
26		property that is improved with a permanent structure that is

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1		occupied as a residence by an applicant who (i) is 65 years of
2		age or older during the taxable year, (ii) has a household
3		income that does not exceed the maximum income limitation,
4		(iii) is liable for paying real property taxes on the property,
5		and (iv) is an owner of record of the property or has a legal or
6		equitable interest in the property as evidenced by a written
7		instrument. This homestead exemption shall also apply to a
8		leasehold interest in a parcel of property improved with a
9		permanent structure that is a single family residence that is
10		occupied as a residence by a person who (i) is 65 years of age
11		or older during the taxable year, (ii) has a household income
12		that does not exceed the maximum income limitation, (iii) has a
13		legal or equitable ownership interest in the property as
14		lessee, and (iv) is liable for the payment of real property
15		taxes on that property.
16		In counties of 3,000,000 or more inhabitants, the amount of
17		the exemption for all taxable years is the equalized assessed
18		value of the residence in the taxable year for which
19		application is made minus the base amount. In all other
20		counties, the amount of the exemption is as follows: (i)
21		through taxable year 2005 and for taxable year 2007 and
22		thereafter, the amount of this exemption shall be the equalized
23		assessed value of the residence in the taxable year for which
24		application is made minus the base amount; and (ii) for taxable
25		year 2006, the amount of the exemption is as follows:
26		(1) For an applicant who has a household income of

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1		$45,000 or less, the amount of the exemption is the
2		equalized assessed value of the residence in the taxable
3		year for which application is made minus the base amount.
4		(2) For an applicant who has a household income
5		exceeding $45,000 but not exceeding $46,250, the amount of
6		the exemption is (i) the equalized assessed value of the
7		residence in the taxable year for which application is made
8		minus the base amount (ii) multiplied by 0.8.
9		(3) For an applicant who has a household income
10		exceeding $46,250 but not exceeding $47,500, the amount of
11		the exemption is (i) the equalized assessed value of the
12		residence in the taxable year for which application is made
13		minus the base amount (ii) multiplied by 0.6.
14		(4) For an applicant who has a household income
15		exceeding $47,500 but not exceeding $48,750, the amount of
16		the exemption is (i) the equalized assessed value of the
17		residence in the taxable year for which application is made
18		minus the base amount (ii) multiplied by 0.4.
19		(5) For an applicant who has a household income
20		exceeding $48,750 but not exceeding $50,000, the amount of
21		the exemption is (i) the equalized assessed value of the
22		residence in the taxable year for which application is made
23		minus the base amount (ii) multiplied by 0.2.
24		When the applicant is a surviving spouse of an applicant
25		for a prior year for the same residence for which an exemption
26		under this Section has been granted, the base year and base

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1		amount for that residence are the same as for the applicant for
2		the prior year.
3		Each year at the time the assessment books are certified to
4		the County Clerk, the Board of Review or Board of Appeals shall
5		give to the County Clerk a list of the assessed values of
6		improvements on each parcel qualifying for this exemption that
7		were added after the base year for this parcel and that
8		increased the assessed value of the property.
9		In the case of land improved with an apartment building
10		owned and operated as a cooperative or a building that is a
11		life care facility that qualifies as a cooperative, the maximum
12		reduction from the equalized assessed value of the property is
13		limited to the sum of the reductions calculated for each unit
14		occupied as a residence by a person or persons (i) 65 years of
15		age or older, (ii) with a household income that does not exceed
16		the maximum income limitation, (iii) who is liable, by contract
17		with the owner or owners of record, for paying real property
18		taxes on the property, and (iv) who is an owner of record of a
19		legal or equitable interest in the cooperative apartment
20		building, other than a leasehold interest. In the instance of a
21		cooperative where a homestead exemption has been granted under
22		this Section, the cooperative association or its management
23		firm shall credit the savings resulting from that exemption
24		only to the apportioned tax liability of the owner who
25		qualified for the exemption. Any person who willfully refuses
26		to credit that savings to an owner who qualifies for the

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1		exemption is guilty of a Class B misdemeanor.
2		When a homestead exemption has been granted under this
3		Section and an applicant then becomes a resident of a facility
4		licensed under the Assisted Living and Shared Housing Act, the
5		Nursing Home Care Act, the Specialized Mental Health
6		Rehabilitation Act of 2013, the ID/DD Community Care Act, or
7		the MC/DD Act, the exemption shall be granted in subsequent
8		years so long as the residence (i) continues to be occupied by
9		the qualified applicant's spouse or (ii) if remaining
10		unoccupied, is still owned by the qualified applicant for the
11		homestead exemption.
12		Beginning January 1, 1997, when an individual dies who
13		would have qualified for an exemption under this Section, and
14		the surviving spouse does not independently qualify for this
15		exemption because of age, the exemption under this Section
16		shall be granted to the surviving spouse for the taxable year
17		preceding and the taxable year of the death, provided that,
18		except for age, the surviving spouse meets all other
19		qualifications for the granting of this exemption for those
20		years.
21		When married persons maintain separate residences, the
22		exemption provided for in this Section may be claimed by only
23		one of such persons and for only one residence.
24		For taxable year 1994 only, in counties having less than
25		3,000,000 inhabitants, to receive the exemption, a person shall
26		submit an application by February 15, 1995 to the Chief County

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1		Assessment Officer of the county in which the property is
2		located. In counties having 3,000,000 or more inhabitants, for
3		taxable year 1994 and all subsequent taxable years, to receive
4		the exemption, a person may submit an application to the Chief
5		County Assessment Officer of the county in which the property
6		is located during such period as may be specified by the Chief
7		County Assessment Officer. The Chief County Assessment Officer
8		in counties of 3,000,000 or more inhabitants shall annually
9		give notice of the application period by mail or by
10		publication. In counties having less than 3,000,000
11		inhabitants, beginning with taxable year 1995 and thereafter,
12		to receive the exemption, a person shall submit an application
13		by July 1 of each taxable year to the Chief County Assessment
14		Officer of the county in which the property is located. A
15		county may, by ordinance, establish a date for submission of
16		applications that is different than July 1. The applicant shall
17		submit with the application an affidavit of the applicant's
18		total household income, age, marital status (and if married the
19		name and address of the applicant's spouse, if known), and
20		principal dwelling place of members of the household on January
21		1 of the taxable year. The Department shall establish, by rule,
22		a method for verifying the accuracy of affidavits filed by
23		applicants under this Section, and the Chief County Assessment
24		Officer may conduct audits of any taxpayer claiming an
25		exemption under this Section to verify that the taxpayer is
26		eligible to receive the exemption. Each application shall

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1		contain or be verified by a written declaration that it is made
2		under the penalties of perjury. A taxpayer's signing a
3		fraudulent application under this Act is perjury, as defined in
4		Section 32-2 of the Criminal Code of 2012. The applications
5		shall be clearly marked as applications for the Senior Citizens
6		Assessment Freeze Homestead Exemption and must contain a notice
7		that any taxpayer who receives the exemption is subject to an
8		audit by the Chief County Assessment Officer.
9		Notwithstanding any other provision to the contrary, in
10		counties having fewer than 3,000,000 inhabitants, if an
11		applicant fails to file the application required by this
12		Section in a timely manner and this failure to file is due to a
13		mental or physical condition sufficiently severe so as to
14		render the applicant incapable of filing the application in a
15		timely manner, the Chief County Assessment Officer may extend
16		the filing deadline for a period of 30 days after the applicant
17		regains the capability to file the application, but in no case
18		may the filing deadline be extended beyond 3 months of the
19		original filing deadline. In order to receive the extension
20		provided in this paragraph, the applicant shall provide the
21		Chief County Assessment Officer with a signed statement from
22		the applicant's physician stating the nature and extent of the
23		condition, that, in the physician's opinion, the condition was
24		so severe that it rendered the applicant incapable of filing
25		the application in a timely manner, and the date on which the
26		applicant regained the capability to file the application.

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1		Beginning January 1, 1998, notwithstanding any other
2		provision to the contrary, in counties having fewer than
3		3,000,000 inhabitants, if an applicant fails to file the
4		application required by this Section in a timely manner and
5		this failure to file is due to a mental or physical condition
6		sufficiently severe so as to render the applicant incapable of
7		filing the application in a timely manner, the Chief County
8		Assessment Officer may extend the filing deadline for a period
9		of 3 months. In order to receive the extension provided in this
10		paragraph, the applicant shall provide the Chief County
11		Assessment Officer with a signed statement from the applicant's
12		physician stating the nature and extent of the condition, and
13		that, in the physician's opinion, the condition was so severe
14		that it rendered the applicant incapable of filing the
15		application in a timely manner.
16		In counties having less than 3,000,000 inhabitants, if an
17		applicant was denied an exemption in taxable year 1994 and the
18		denial occurred due to an error on the part of an assessment
19		official, or his or her agent or employee, then beginning in
20		taxable year 1997 the applicant's base year, for purposes of
21		determining the amount of the exemption, shall be 1993 rather
22		than 1994. In addition, in taxable year 1997, the applicant's
23		exemption shall also include an amount equal to (i) the amount
24		of any exemption denied to the applicant in taxable year 1995
25		as a result of using 1994, rather than 1993, as the base year,
26		(ii) the amount of any exemption denied to the applicant in

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1		taxable year 1996 as a result of using 1994, rather than 1993,
2		as the base year, and (iii) the amount of the exemption
3		erroneously denied for taxable year 1994.
4		For purposes of this Section, a person who will be 65 years
5		of age during the current taxable year shall be eligible to
6		apply for the homestead exemption during that taxable year.
7		Application shall be made during the application period in
8		effect for the county of his or her residence.
9		The Chief County Assessment Officer may determine the
10		eligibility of a life care facility that qualifies as a
11		cooperative to receive the benefits provided by this Section by
12		use of an affidavit, application, visual inspection,
13		questionnaire, or other reasonable method in order to insure
14		that the tax savings resulting from the exemption are credited
15		by the management firm to the apportioned tax liability of each
16		qualifying resident. The Chief County Assessment Officer may
17		request reasonable proof that the management firm has so
18		credited that exemption.
19		Except as provided in this Section, all information
20		received by the chief county assessment officer or the
21		Department from applications filed under this Section, or from
22		any investigation conducted under the provisions of this
23		Section, shall be confidential, except for official purposes or
24		pursuant to official procedures for collection of any State or
25		local tax or enforcement of any civil or criminal penalty or
26		sanction imposed by this Act or by any statute or ordinance

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1		imposing a State or local tax. Any person who divulges any such
2		information in any manner, except in accordance with a proper
3		judicial order, is guilty of a Class A misdemeanor.
4		Nothing contained in this Section shall prevent the
5		Director or chief county assessment officer from publishing or
6		making available reasonable statistics concerning the
7		operation of the exemption contained in this Section in which
8		the contents of claims are grouped into aggregates in such a
9		way that information contained in any individual claim shall
10		not be disclosed.
11		(d) Each Chief County Assessment Officer shall annually
12		publish a notice of availability of the exemption provided
13		under this Section. The notice shall be published at least 60
14		days but no more than 75 days prior to the date on which the
15		application must be submitted to the Chief County Assessment
16		Officer of the county in which the property is located. The
17		notice shall appear in a newspaper of general circulation in
18		the county.
19		Notwithstanding Sections 6 and 8 of the State Mandates Act,
20		no reimbursement by the State is required for the
21		implementation of any mandate created by this Section.
22		(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
23		99-180, eff. 7-29-15; revised 10-21-15.)
24		(35 ILCS 200/15-175)
25		Sec. 15-175. General homestead exemption.

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1		(a) Except as provided in Sections 15-176 and 15-177,
2		homestead property is entitled to an annual homestead exemption
3		limited, except as described here with relation to
4		cooperatives, to a reduction in the equalized assessed value of
5		homestead property equal to the increase in equalized assessed
6		value for the current assessment year above the equalized
7		assessed value of the property for 1977, up to the maximum
8		reduction set forth below. If however, the 1977 equalized
9		assessed value upon which taxes were paid is subsequently
10		determined by local assessing officials, the Property Tax
11		Appeal Board, or a court to have been excessive, the equalized
12		assessed value which should have been placed on the property
13		for 1977 shall be used to determine the amount of the
14		exemption.
15		(b) Except as provided in Section 15-176, the maximum
16		reduction before taxable year 2004 shall be $4,500 in counties
17		with 3,000,000 or more inhabitants and $3,500 in all other
18		counties. Except as provided in Sections 15-176 and 15-177, for
19		taxable years 2004 through 2007, the maximum reduction shall be
20		$5,000, for taxable year 2008, the maximum reduction is $5,500,
21		and, for taxable years 2009 through 2011, the maximum reduction
22		is $6,000 in all counties. For taxable years 2012 and
23		thereafter, the maximum reduction is $7,000 in counties with
24		3,000,000 or more inhabitants and $6,000 in all other counties.
25		If a county has elected to subject itself to the provisions of
26		Section 15-176 as provided in subsection (k) of that Section,

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1		then, for the first taxable year only after the provisions of
2		Section 15-176 no longer apply, for owners who, for the taxable
3		year, have not been granted a senior citizens assessment freeze
4		homestead exemption under Section 15-172 or a long-time
5		occupant homestead exemption under Section 15-177, there shall
6		be an additional exemption of $5,000 for owners with a
7		household income of $30,000 or less.
8		(c) In counties with fewer than 3,000,000 inhabitants, if,
9		based on the most recent assessment, the equalized assessed
10		value of the homestead property for the current assessment year
11		is greater than the equalized assessed value of the property
12		for 1977, the owner of the property shall automatically receive
13		the exemption granted under this Section in an amount equal to
14		the increase over the 1977 assessment up to the maximum
15		reduction set forth in this Section.
16		(d) If in any assessment year beginning with the 2000
17		assessment year, homestead property has a pro-rata valuation
18		under Section 9-180 resulting in an increase in the assessed
19		valuation, a reduction in equalized assessed valuation equal to
20		the increase in equalized assessed value of the property for
21		the year of the pro-rata valuation above the equalized assessed
22		value of the property for 1977 shall be applied to the property
23		on a proportionate basis for the period the property qualified
24		as homestead property during the assessment year. The maximum
25		proportionate homestead exemption shall not exceed the maximum
26		homestead exemption allowed in the county under this Section

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1		divided by 365 and multiplied by the number of days the
2		property qualified as homestead property.
3		(e) The chief county assessment officer may, when
4		considering whether to grant a leasehold exemption under this
5		Section, require the following conditions to be met:
6		(1) that a notarized application for the exemption,
7		signed by both the owner and the lessee of the property,
8		must be submitted each year during the application period
9		in effect for the county in which the property is located;
10		(2) that a copy of the lease must be filed with the
11		chief county assessment officer by the owner of the
12		property at the time the notarized application is
13		submitted;
14		(3) that the lease must expressly state that the lessee
15		is liable for the payment of property taxes; and
16		(4) that the lease must include the following language
17		in substantially the following form:
18		"Lessee shall be liable for the payment of real
19		estate taxes with respect to the residence in
20		accordance with the terms and conditions of Section
21		15-175 of the Property Tax Code (35 ILCS 200/15-175).
22		The permanent real estate index number for the premises
23		is (insert number), and, according to the most recent
24		property tax bill, the current amount of real estate
25		taxes associated with the premises is (insert amount)
26		per year. The parties agree that the monthly rent set

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1		forth above shall be increased or decreased pro rata
2		(effective January 1 of each calendar year) to reflect
3		any increase or decrease in real estate taxes. Lessee
4		shall be deemed to be satisfying Lessee's liability for
5		the above mentioned real estate taxes with the monthly
6		rent payments as set forth above (or increased or
7		decreased as set forth herein).".
8		In addition, if there is a change in lessee, or if the
9		lessee vacates the property, then the chief county assessment
10		officer may require the owner of the property to notify the
11		chief county assessment officer of that change.
12		This subsection (e) does not apply to leasehold interests
13		in property owned by a municipality.
14		(f) "Homestead property" under this Section includes
15		residential property that is occupied by its owner or owners as
16		his or their principal dwelling place, or that is a leasehold
17		interest on which a single family residence is situated, which
18		is occupied as a residence by a person who has an ownership
19		interest therein, legal or equitable or as a lessee, and on
20		which the person is liable for the payment of property taxes.
21		For land improved with an apartment building owned and operated
22		as a cooperative or a building which is a life care facility as
23		defined in Section 15-170 and considered to be a cooperative
24		under Section 15-170, the maximum reduction from the equalized
25		assessed value shall be limited to the increase in the value
26		above the equalized assessed value of the property for 1977, up

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1		to the maximum reduction set forth above, multiplied by the
2		number of apartments or units occupied by a person or persons
3		who is liable, by contract with the owner or owners of record,
4		for paying property taxes on the property and is an owner of
5		record of a legal or equitable interest in the cooperative
6		apartment building, other than a leasehold interest. For
7		purposes of this Section, the term "life care facility" has the
8		meaning stated in Section 15-170.
9		"Household", as used in this Section, means the owner, the
10		spouse of the owner, and all persons using the residence of the
11		owner as their principal place of residence.
12		"Household income", as used in this Section, means the
13		combined income of the members of a household for the calendar
14		year preceding the taxable year.
15		"Income", as used in this Section, has the same meaning as
16		provided in Section 3.07 of the Senior Citizens and Persons
17		with Disabilities Property Tax Relief Act, except that "income"
18		does not include veteran's benefits.
19		(g) In a cooperative where a homestead exemption has been
20		granted, the cooperative association or its management firm
21		shall credit the savings resulting from that exemption only to
22		the apportioned tax liability of the owner who qualified for
23		the exemption. Any person who willfully refuses to so credit
24		the savings shall be guilty of a Class B misdemeanor.
25		(h) Where married persons maintain and reside in separate
26		residences qualifying as homestead property, each residence

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1		shall receive 50% of the total reduction in equalized assessed
2		valuation provided by this Section.
3		(i) In all counties, the assessor or chief county
4		assessment officer may determine the eligibility of
5		residential property to receive the homestead exemption and the
6		amount of the exemption by application, visual inspection,
7		questionnaire or other reasonable methods. The determination
8		shall be made in accordance with guidelines established by the
9		Department, provided that the taxpayer applying for an
10		additional general exemption under this Section shall submit to
11		the chief county assessment officer an application with an
12		affidavit of the applicant's total household income, age,
13		marital status (and, if married, the name and address of the
14		applicant's spouse, if known), and principal dwelling place of
15		members of the household on January 1 of the taxable year. The
16		Department shall issue guidelines establishing a method for
17		verifying the accuracy of the affidavits filed by applicants
18		under this paragraph. The applications shall be clearly marked
19		as applications for the Additional General Homestead
20		Exemption.
21		(i-5) This subsection (i-5) applies to counties with
22		3,000,000 or more inhabitants. In the event of a sale of
23		homestead property, the homestead exemption shall remain in
24		effect for the remainder of the assessment year of the sale.
25		Upon receipt of a transfer declaration transmitted by the
26		recorder pursuant to Section 31-30 of the Real Estate Transfer

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1		Tax Law for property receiving an exemption under this Section,
2		the assessor shall mail a notice and forms to the new owner of
3		the property providing information pertaining to the rules and
4		applicable filing periods for applying or reapplying for
5		homestead exemptions under this Code for which the property may
6		be eligible. If the new owner fails to apply or reapply for a
7		homestead exemption during the applicable filing period or the
8		property no longer qualifies for an existing homestead
9		exemption, the assessor shall cancel such exemption for any
10		ensuing assessment year.
11		(j) In counties with fewer than 3,000,000 inhabitants, in
12		the event of a sale of homestead property the homestead
13		exemption shall remain in effect for the remainder of the
14		assessment year of the sale. The assessor or chief county
15		assessment officer may require the new owner of the property to
16		apply for the homestead exemption for the following assessment
17		year.
18		(k) Notwithstanding Sections 6 and 8 of the State Mandates
19		Act, no reimbursement by the State is required for the
20		implementation of any mandate created by this Section.
21		(Source: P.A. 98-7, eff. 4-23-13; 98-463, eff. 8-16-13; 99-143,
22		eff. 7-27-15; 99-164, eff. 7-28-15; revised 8-25-15.)
23		Section 175. The Electricity Excise Tax Law is amended by
24		changing Section 2-10 as follows:

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1		(35 ILCS 640/2-10)
2		Sec. 2-10. Election and registration to be self-assessing
3		purchaser. Any purchaser for non-residential electric use may
4		elect to register with the Department as a self-assessing
5		purchaser and to pay the tax imposed by Section 2-4 directly to
6		the Department, at the rate stated in that Section for
7		self-assessing purchasers, rather than paying the tax to such
8		purchaser's delivering supplier. The election by a purchaser to
9		register as a self-assessing purchaser may not be revoked by
10		the purchaser for at least 2 years thereafter. A purchaser who
11		revokes his or her registration as a self-assessing purchaser
12		shall not thereafter be permitted to register as a
13		self-assessing purchaser within the succeeding 2 years. A
14		self-assessing purchaser shall renew his or her registration
15		every 2 years, or the registration shall be deemed to be
16		revoked.
17		Application for a certificate of registration as a
18		self-assessing purchaser shall be made to the Department upon
19		forms furnished by the Department and shall contain any
20		reasonable information the Department may require. The
21		self-assessing purchaser shall be required to disclose the name
22		of the delivering supplier or suppliers and each account
23		numbers for which the self-assessing purchaser elects to pay
24		the tax imposed by Section 2-4 directly to the Department. Upon
25		receipt of the application for a certificate of registration in
26		proper form and payment of a an non-refundable biennial fee of

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1		$200, the Department shall issue to the applicant a certificate
2		of registration that permits the person to whom it was issued
3		to pay the tax incurred under this Law directly to the
4		Department for a period of 2 years. The Department shall notify
5		the delivering supplier or suppliers that the applicant has
6		been registered as a self-assessing purchaser for the accounts
7		listed by the self-assessing purchaser. A certificate of
8		registration under this Section shall be renewed upon
9		application and payment of a non-refundable biennial $200 fee,
10		subject to revocation as provided by this Law, for additional
11		2-year periods from the date of its expiration unless otherwise
12		notified by the Department.
13		Upon notification by the Department that an applicant has
14		been registered as a self-assessing purchaser, the delivering
15		supplier is no longer required to collect the tax imposed by
16		this Act for the accounts specifically listed by the
17		self-assessing purchaser, until the delivering supplier is
18		notified by the Department as set forth below that the
19		self-assessing purchaser's certificate of registration has
20		been expired, revoked, or denied.
21		The Department may deny a certificate of registration to
22		any applicant if the owner, any partner, any manager or member
23		of a limited liability company, or a corporate officer of the
24		applicant, is or has been the owner, a partner, a manager or
25		member of a limited liability company, or a corporate officer,
26		of another self-assessing purchaser that is in default for

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1		moneys due under this Law.
2		Any person aggrieved by any decision of the Department
3		under this Section may, within 20 days after notice of such
4		decision, protest and request a hearing, whereupon the
5		Department shall give notice to such person of the time and
6		place fixed for such hearing and shall hold a hearing in
7		conformity with the provisions of this Law and then issue its
8		final administrative decision in the matter to such person. In
9		the absence of such a protest within 20 days, the Department's
10		decision shall become final without any further determination
11		being made or notice given. Upon the expiration, revocation, or
12		denial of a certificate of registration as a self-assessing
13		purchaser, the Department of Revenue shall provide written
14		notice of the expiration, revocation, or denial of the
15		certificate to the self-assessing purchaser's delivering
16		supplier or suppliers.
17		(Source: P.A. 90-561, eff. 8-1-98; 90-624, eff. 7-10-98;
18		revised 10-13-15.)
19		Section 180. The Illinois Pension Code is amended by
20		changing Sections 7-172.1 and 16-152 as follows:
21		(40 ILCS 5/7-172.1) (from Ch. 108 1/2, par. 7-172.1)
22		Sec. 7-172.1. Actions to enforce payments by
23		municipalities and instrumentalities.
24		(a) If any participating municipality or participating

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1		instrumentality fails to transmit to the Fund contributions
2		required of it under this Article or contributions collected by
3		it from its participating employees for the purposes of this
4		Article for more than 60 days after the payment of such
5		contributions is due, the Fund, after giving notice to such
6		municipality or instrumentality, may certify to the State
7		Comptroller the amounts of such delinquent payments in
8		accordance with any applicable rules of the Comptroller, and
9		the Comptroller shall deduct the amounts so certified or any
10		part thereof from any payments of State funds to the
11		municipality or instrumentality involved and shall remit the
12		amount so deducted to the Fund. If State funds from which such
13		deductions may be made are not available, the Fund may proceed
14		against the municipality or instrumentality to recover the
15		amounts of such delinquent payments in the appropriate circuit
16		court.
17		(b) If any participating municipality fails to transmit to
18		the Fund contributions required of it under this Article or
19		contributions collected by it from its participating employees
20		for the purposes of this Article for more than 60 days after
21		the payment of such contributions is due, the Fund, after
22		giving notice to such municipality, may certify the fact of
23		such delinquent payment to the county treasurer of the county
24		in which such municipality is located, who shall thereafter
25		remit the amounts collected from the tax levied by the
26		municipality under Section 7-171 directly to the Fund.

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1		(c) If reports furnished to the Fund by the municipality or
2		instrumentality involved are inadequate for the computation of
3		the amounts of such delinquent payments, the Fund may provide
4		for such audit of the records of the municipality or
5		instrumentality as may be required to establish the amounts of
6		such delinquent payments. The municipality or instrumentality
7		shall make its records available to the Fund for the purpose of
8		such audit. The cost of such audit shall be added to the amount
9		of the delinquent payments and shall be recovered by the Fund
10		from the municipality or instrumentality at the same time and
11		in the same manner as the delinquent payments are recovered.
12		(Source: P.A. 99-8, eff. 7-9-15; 99-239, eff. 8-3-15; revised
13		10-8-15.)
14		(40 ILCS 5/16-152) (from Ch. 108 1/2, par. 16-152)
15		(Text of Section WITH the changes made by P.A. 98-599,
16		which has been held unconstitutional)
17		Sec. 16-152. Contributions by members.
18		(a) Except as provided in subsection (a-5), each member
19		shall make contributions for membership service to this System
20		as follows:
21		(1) Effective July 1, 1998, contributions of 7.50% of
22		salary towards the cost of the retirement annuity. Such
23		contributions shall be deemed "normal contributions".
24		(2) Effective July 1, 1969 and, in the case of Tier 1
25		members, ending on June 30, 2014, contributions of 1/2 of

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1		1% of salary toward the cost of the automatic annual
2		increase in retirement annuity provided under Section
3		16-133.1.
4		(3) Effective July 24, 1959, contributions of 1% of
5		salary towards the cost of survivor benefits. Such
6		contributions shall not be credited to the individual
7		account of the member and shall not be subject to refund
8		except as provided under Section 16-143.2.
9		(4) Effective July 1, 2005, contributions of 0.40% of
10		salary toward the cost of the early retirement without
11		discount option provided under Section 16-133.2. This
12		contribution shall cease upon termination of the early
13		retirement without discount option as provided in Section
14		16-133.2.
15		(a-5) Beginning July 1, 2014, in lieu of the contribution
16		otherwise required under paragraph (1) of subsection (a), each
17		Tier 1 member shall contribute 7% of salary towards the cost of
18		the retirement annuity. Contributions made pursuant to this
19		subsection (a-5) shall be deemed "normal contributions".
20		(b) The minimum required contribution for any year of
21		full-time teaching service shall be $192.
22		(c) Contributions shall not be required of any annuitant
23		receiving a retirement annuity who is given employment as
24		permitted under Section 16-118 or 16-150.1.
25		(d) A person who (i) was a member before July 1, 1998, (ii)
26		retires with more than 34 years of creditable service, and

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1		(iii) does not elect to qualify for the augmented rate under
2		Section 16-129.1 shall be entitled, at the time of retirement,
3		to receive a partial refund of contributions made under this
4		Section for service occurring after the later of June 30, 1998
5		or attainment of 34 years of creditable service, in an amount
6		equal to 1.00% of the salary upon which those contributions
7		were based.
8		(e) A member's contributions toward the cost of early
9		retirement without discount made under item (a)(4) of this
10		Section shall not be refunded if the member has elected early
11		retirement without discount under Section 16-133.2 and has
12		begun to receive a retirement annuity under this Article
13		calculated in accordance with that election. Otherwise, a
14		member's contributions toward the cost of early retirement
15		without discount made under item (a)(4) of this Section shall
16		be refunded according to whichever one of the following
17		circumstances occurs first:
18		(1) The contributions shall be refunded to the member,
19		without interest, within 120 days after the member's
20		retirement annuity commences, if the member does not elect
21		early retirement without discount under Section 16-133.2.
22		(2) The contributions shall be included, without
23		interest, in any refund claimed by the member under Section
24		16-151.
25		(3) The contributions shall be refunded to the member's
26		designated beneficiary (or if there is no beneficiary, to

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1		the member's estate), without interest, if the member dies
2		without having begun to receive a retirement annuity under
3		this Article.
4		(4) The contributions shall be refunded to the member,
5		without interest, if the early retirement without discount
6		option provided under subsection (d) of Section 16-133.2 is
7		terminated. In that event, the System shall provide to the
8		member, within 120 days after the option is terminated, an
9		application for a refund of those contributions.
10		(Source: P.A. 98-42, eff. 6-28-13; 98-92, eff. 7-16-13; 98-599,
11		eff. 6-1-14.)
12		(Text of Section WITHOUT the changes made by P.A. 98-599,
13		which has been held unconstitutional)
14		Sec. 16-152. Contributions by members.
15		(a) Each member shall make contributions for membership
16		service to this System as follows:
17		(1) Effective July 1, 1998, contributions of 7.50% of
18		salary towards the cost of the retirement annuity. Such
19		contributions shall be deemed "normal contributions".
20		(2) Effective July 1, 1969, contributions of 1/2 of 1%
21		of salary toward the cost of the automatic annual increase
22		in retirement annuity provided under Section 16-133.1.
23		(3) Effective July 24, 1959, contributions of 1% of
24		salary towards the cost of survivor benefits. Such
25		contributions shall not be credited to the individual

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1		account of the member and shall not be subject to refund
2		except as provided under Section 16-143.2.
3		(4) Effective July 1, 2005, contributions of 0.40% of
4		salary toward the cost of the early retirement without
5		discount option provided under Section 16-133.2. This
6		contribution shall cease upon termination of the early
7		retirement without discount option as provided in Section
8		16-133.2.
9		(b) The minimum required contribution for any year of
10		full-time teaching service shall be $192.
11		(c) Contributions shall not be required of any annuitant
12		receiving a retirement annuity who is given employment as
13		permitted under Section 16-118 or 16-150.1.
14		(d) A person who (i) was a member before July 1, 1998, (ii)
15		retires with more than 34 years of creditable service, and
16		(iii) does not elect to qualify for the augmented rate under
17		Section 16-129.1 shall be entitled, at the time of retirement,
18		to receive a partial refund of contributions made under this
19		Section for service occurring after the later of June 30, 1998
20		or attainment of 34 years of creditable service, in an amount
21		equal to 1.00% of the salary upon which those contributions
22		were based.
23		(e) A member's contributions toward the cost of early
24		retirement without discount made under item (a)(4) of this
25		Section shall not be refunded if the member has elected early
26		retirement without discount under Section 16-133.2 and has

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1		begun to receive a retirement annuity under this Article
2		calculated in accordance with that election. Otherwise, a
3		member's contributions toward the cost of early retirement
4		without discount made under item (a)(4) of this Section shall
5		be refunded according to whichever one of the following
6		circumstances occurs first:
7		(1) The contributions shall be refunded to the member,
8		without interest, within 120 days after the member's
9		retirement annuity commences, if the member does not elect
10		early retirement without discount under Section 16-133.2.
11		(2) The contributions shall be included, without
12		interest, in any refund claimed by the member under Section
13		16-151.
14		(3) The contributions shall be refunded to the member's
15		designated beneficiary (or if there is no beneficiary, to
16		the member's estate), without interest, if the member dies
17		without having begun to receive a retirement annuity under
18		this Article.
19		(4) The contributions shall be refunded to the member,
20		without interest, if the early retirement without discount
21		option provided under subsection (d) of Section 16-133.2 is
22		terminated. In that event, the System shall provide to the
23		member, within 120 days after the option is terminated, an
24		application for a refund of those contributions.
25		(Source: P.A. 98-42, eff. 6-28-13; 98-92, eff. 7-16-13; revised
26		7-23-13.)

HB5540 Enrolled - 319 - LRB099 16003 AMC 40320 b
1		Section 185. The Innovation Development and Economy Act is
2		amended by changing Sections 10 and 40 as follows:
3		(50 ILCS 470/10)
4		Sec. 10. Definitions. As used in this Act, the following
5		words and phrases shall have the following meanings unless a
6		different meaning clearly appears from the context:
7		"Base year" means the calendar year immediately prior to
8		the calendar year in which the STAR bond district is
9		established.
10		"Commence work" means the manifest commencement of actual
11		operations on the development site, such as, erecting a
12		building, general on-site and off-site grading and utility
13		installations, commencing design and construction
14		documentation, ordering lead-time materials, excavating the
15		ground to lay a foundation or a basement, or work of like
16		description which a reasonable person would recognize as being
17		done with the intention and purpose to continue work until the
18		project is completed.
19		"County" means the county in which a proposed STAR bond
20		district is located.
21		"De minimis minimus" means an amount less than 15% of the
22		land area within a STAR bond district.
23		"Department of Revenue" means the Department of Revenue of
24		the State of Illinois.

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1		"Destination user" means an owner, operator, licensee,
2		co-developer, subdeveloper, or tenant (i) that operates a
3		business within a STAR bond district that is a retail store
4		having at least 150,000 square feet of sales floor area; (ii)
5		that at the time of opening does not have another Illinois
6		location within a 70 mile radius; (iii) that has an annual
7		average of not less than 30% of customers who travel from at
8		least 75 miles away or from out-of-state, as demonstrated by
9		data from a comparable existing store or stores, or, if there
10		is no comparable existing store, as demonstrated by an economic
11		analysis that shows that the proposed retailer will have an
12		annual average of not less than 30% of customers who travel
13		from at least 75 miles away or from out-of-state; and (iv) that
14		makes an initial capital investment, including project costs
15		and other direct costs, of not less than $30,000,000 for such
16		retail store.
17		"Destination hotel" means a hotel (as that term is defined
18		in Section 2 of the Hotel Operators' Occupation Tax Act)
19		complex having at least 150 guest rooms and which also includes
20		a venue for entertainment attractions, rides, or other
21		activities oriented toward the entertainment and amusement of
22		its guests and other patrons.
23		"Developer" means any individual, corporation, trust,
24		estate, partnership, limited liability partnership, limited
25		liability company, or other entity. The term does not include a
26		not-for-profit entity, political subdivision, or other agency

HB5540 Enrolled - 321 - LRB099 16003 AMC 40320 b
1		or instrumentality of the State.
2		"Director" means the Director of Revenue, who shall consult
3		with the Director of Commerce and Economic Opportunity in any
4		approvals or decisions required by the Director under this Act.
5		"Economic impact study" means a study conducted by an
6		independent economist to project the financial benefit of the
7		proposed STAR bond project to the local, regional, and State
8		economies, consider the proposed adverse impacts on similar
9		projects and businesses, as well as municipalities within the
10		projected market area, and draw conclusions about the net
11		effect of the proposed STAR bond project on the local,
12		regional, and State economies. A copy of the economic impact
13		study shall be provided to the Director for review.
14		"Eligible area" means any improved or vacant area that (i)
15		is contiguous and is not, in the aggregate, less than 250 acres
16		nor more than 500 acres which must include only parcels of real
17		property directly and substantially benefited by the proposed
18		STAR bond district plan, (ii) is adjacent to a federal
19		interstate highway, (iii) is within one mile of 2 State
20		highways, (iv) is within one mile of an entertainment user, or
21		a major or minor league sports stadium or other similar
22		entertainment venue that had an initial capital investment of
23		at least $20,000,000, and (v) includes land that was previously
24		surface or strip mined. The area may be bisected by streets,
25		highways, roads, alleys, railways, bike paths, streams,
26		rivers, and other waterways and still be deemed contiguous. In

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1		addition, in order to constitute an eligible area one of the
2		following requirements must be satisfied and all of which are
3		subject to the review and approval of the Director as provided
4		in subsection (d) of Section 15:
5		(a) the governing body of the political subdivision
6		shall have determined that the area meets the requirements
7		of a "blighted area" as defined under the Tax Increment
8		Allocation Redevelopment Act; or
9		(b) the governing body of the political subdivision
10		shall have determined that the area is a blighted area as
11		determined under the provisions of Section 11-74.3-5 of the
12		Illinois Municipal Code; or
13		(c) the governing body of the political subdivision
14		shall make the following findings:
15		(i) that the vacant portions of the area have
16		remained vacant for at least one year, or that any
17		building located on a vacant portion of the property
18		was demolished within the last year and that the
19		building would have qualified under item (ii) of this
20		subsection;
21		(ii) if portions of the area are currently
22		developed, that the use, condition, and character of
23		the buildings on the property are not consistent with
24		the purposes set forth in Section 5;
25		(iii) that the STAR bond district is expected to
26		create or retain job opportunities within the

HB5540 Enrolled - 323 - LRB099 16003 AMC 40320 b
1		political subdivision;
2		(iv) that the STAR bond district will serve to
3		further the development of adjacent areas;
4		(v) that without the availability of STAR bonds,
5		the projects described in the STAR bond district plan
6		would not be possible;
7		(vi) that the master developer meets high
8		standards of creditworthiness and financial strength
9		as demonstrated by one or more of the following: (i)
10		corporate debenture ratings of BBB or higher by
11		Standard & Poor's Corporation or Baa or higher by
12		Moody's Investors Service, Inc.; (ii) a letter from a
13		financial institution with assets of $10,000,000 or
14		more attesting to the financial strength of the master
15		developer; or (iii) specific evidence of equity
16		financing for not less than 10% of the estimated total
17		STAR bond project costs;
18		(vii) that the STAR bond district will strengthen
19		the commercial sector of the political subdivision;
20		(viii) that the STAR bond district will enhance the
21		tax base of the political subdivision; and
22		(ix) that the formation of a STAR bond district is
23		in the best interest of the political subdivision.
24		"Entertainment user" means an owner, operator, licensee,
25		co-developer, subdeveloper, or tenant that operates a business
26		within a STAR bond district that has a primary use of providing

HB5540 Enrolled - 324 - LRB099 16003 AMC 40320 b
1		a venue for entertainment attractions, rides, or other
2		activities oriented toward the entertainment and amusement of
3		its patrons, occupies at least 20 acres of land in the STAR
4		bond district, and makes an initial capital investment,
5		including project costs and other direct and indirect costs, of
6		not less than $25,000,000 for that venue.
7		"Feasibility study" means a feasibility study as defined in
8		subsection (b) of Section 20.
9		"Infrastructure" means the public improvements and private
10		improvements that serve the public purposes set forth in
11		Section 5 of this Act and that benefit the STAR bond district
12		or any STAR bond projects, including, but not limited to,
13		streets, drives and driveways, traffic and directional signs
14		and signals, parking lots and parking facilities,
15		interchanges, highways, sidewalks, bridges, underpasses and
16		overpasses, bike and walking trails, sanitary storm sewers and
17		lift stations, drainage conduits, channels, levees, canals,
18		storm water detention and retention facilities, utilities and
19		utility connections, water mains and extensions, and street and
20		parking lot lighting and connections.
21		"Local sales taxes" means any locally imposed taxes
22		received by a municipality, county, or other local governmental
23		entity arising from sales by retailers and servicemen within a
24		STAR bond district, including business district sales taxes and
25		STAR bond occupation taxes, and that portion of the net revenue
26		realized under the Retailers' Occupation Tax Act, the Use Tax

HB5540 Enrolled - 325 - LRB099 16003 AMC 40320 b
1		Act, the Service Use Tax Act, and the Service Occupation Tax
2		Act from transactions at places of business located within a
3		STAR bond district that is deposited into the Local Government
4		Tax Fund and the County and Mass Transit District Fund. For the
5		purpose of this Act, "local sales taxes" does not include (i)
6		any taxes authorized pursuant to the Local Mass Transit
7		District Act or the Metro-East Park and Recreation District Act
8		for so long as the applicable taxing district does not impose a
9		tax on real property, (ii) county school facility occupation
10		taxes imposed pursuant to Section 5-1006.7 of the Counties
11		Code, or (iii) any taxes authorized under the Flood Prevention
12		District Act.
13		"Local sales tax increment" means, with respect to local
14		sales taxes administered by the Illinois Department of Revenue,
15		(i) all of the local sales tax paid by destination users,
16		destination hotels, and entertainment users that is in excess
17		of the local sales tax paid by destination users, destination
18		hotels, and entertainment users for the same month in the base
19		year, as determined by the Illinois Department of Revenue, (ii)
20		in the case of a municipality forming a STAR bond district that
21		is wholly within the corporate boundaries of the municipality
22		and in the case of a municipality and county forming a STAR
23		bond district that is only partially within such municipality,
24		that portion of the local sales tax paid by taxpayers that are
25		not destination users, destination hotels, or entertainment
26		users that is in excess of the local sales tax paid by

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1		taxpayers that are not destination users, destination hotels,
2		or entertainment users for the same month in the base year, as
3		determined by the Illinois Department of Revenue, and (iii) in
4		the case of a county in which a STAR bond district is formed
5		that is wholly within a municipality, that portion of the local
6		sales tax paid by taxpayers that are not destination users,
7		destination hotels, or entertainment users that is in excess of
8		the local sales tax paid by taxpayers that are not destination
9		users, destination hotels, or entertainment users for the same
10		month in the base year, as determined by the Illinois
11		Department of Revenue, but only if the corporate authorities of
12		the county adopts an ordinance, and files a copy with the
13		Department within the same time frames as required for STAR
14		bond occupation taxes under Section 31, that designates the
15		taxes referenced in this clause (iii) as part of the local
16		sales tax increment under this Act. "Local sales tax increment"
17		means, with respect to local sales taxes administered by a
18		municipality, county, or other unit of local government, that
19		portion of the local sales tax that is in excess of the local
20		sales tax for the same month in the base year, as determined by
21		the respective municipality, county, or other unit of local
22		government. If any portion of local sales taxes are, at the
23		time of formation of a STAR bond district, already subject to
24		tax increment financing under the Tax Increment Allocation
25		Redevelopment Act, then the local sales tax increment for such
26		portion shall be frozen at the base year established in

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1		accordance with this Act, and all future incremental increases
2		shall be included in the "local sales tax increment" under this
3		Act. Any party otherwise entitled to receipt of incremental
4		local sales tax revenues through an existing tax increment
5		financing district shall be entitled to continue to receive
6		such revenues up to the amount frozen in the base year. Nothing
7		in this Act shall affect the prior qualification of existing
8		redevelopment project costs incurred that are eligible for
9		reimbursement under the Tax Increment Allocation Redevelopment
10		Act. In such event, prior to approving a STAR bond district,
11		the political subdivision forming the STAR bond district shall
12		take such action as is necessary, including amending the
13		existing tax increment financing district redevelopment plan,
14		to carry out the provisions of this Act. The Illinois
15		Department of Revenue shall allocate the local sales tax
16		increment only if the local sales tax is administered by the
17		Department.
18		"Market study" means a study to determine the ability of
19		the proposed STAR bond project to gain market share locally and
20		regionally and to remain profitable past the term of repayment
21		of STAR bonds.
22		"Master developer" means a developer cooperating with a
23		political subdivision to plan, develop, and implement a STAR
24		bond project plan for a STAR bond district. Subject to the
25		limitations of Section 25, the master developer may work with
26		and transfer certain development rights to other developers for

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1		the purpose of implementing STAR bond project plans and
2		achieving the purposes of this Act. A master developer for a
3		STAR bond district shall be appointed by a political
4		subdivision in the resolution establishing the STAR bond
5		district, and the master developer must, at the time of
6		appointment, own or have control of, through purchase
7		agreements, option contracts, or other means, not less than 50%
8		of the acreage within the STAR bond district and the master
9		developer or its affiliate must have ownership or control on
10		June 1, 2010.
11		"Master development agreement" means an agreement between
12		the master developer and the political subdivision to govern a
13		STAR bond district and any STAR bond projects.
14		"Municipality" means the city, village, or incorporated
15		town in which a proposed STAR bond district is located.
16		"Pledged STAR revenues" means those sales tax and revenues
17		and other sources of funds pledged to pay debt service on STAR
18		bonds or to pay project costs pursuant to Section 30.
19		Notwithstanding any provision to the contrary, the following
20		revenues shall not constitute pledged STAR revenues or be
21		available to pay principal and interest on STAR bonds: any
22		State sales tax increment or local sales tax increment from a
23		retail entity initiating operations in a STAR bond district
24		while terminating operations at another Illinois location
25		within 25 miles of the STAR bond district. For purposes of this
26		paragraph, "terminating operations" means a closing of a retail

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1		operation that is directly related to the opening of the same
2		operation or like retail entity owned or operated by more than
3		50% of the original ownership in a STAR bond district within
4		one year before or after initiating operations in the STAR bond
5		district, but it does not mean closing an operation for reasons
6		beyond the control of the retail entity, as documented by the
7		retail entity, subject to a reasonable finding by the
8		municipality (or county if such retail operation is not located
9		within a municipality) in which the terminated operations were
10		located that the closed location contained inadequate space,
11		had become economically obsolete, or was no longer a viable
12		location for the retailer or serviceman.
13		"Political subdivision" means a municipality or county
14		which undertakes to establish a STAR bond district pursuant to
15		the provisions of this Act.
16		"Project costs" means and includes the sum total of all
17		costs incurred or estimated to be incurred on or following the
18		date of establishment of a STAR bond district that are
19		reasonable or necessary to implement a STAR bond district plan
20		or any STAR bond project plans, or both, including costs
21		incurred for public improvements and private improvements that
22		serve the public purposes set forth in Section 5 of this Act.
23		Such costs include without limitation the following:
24		(a) costs of studies, surveys, development of plans and
25		specifications, formation, implementation, and
26		administration of a STAR bond district, STAR bond district

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1		plan, any STAR bond projects, or any STAR bond project
2		plans, including, but not limited to, staff and
3		professional service costs for architectural, engineering,
4		legal, financial, planning, or other services, provided
5		however that no charges for professional services may be
6		based on a percentage of the tax increment collected and no
7		contracts for professional services, excluding
8		architectural and engineering services, may be entered
9		into if the terms of the contract extend beyond a period of
10		3 years;
11		(b) property assembly costs, including, but not
12		limited to, acquisition of land and other real property or
13		rights or interests therein, located within the boundaries
14		of a STAR bond district, demolition of buildings, site
15		preparation, site improvements that serve as an engineered
16		barrier addressing ground level or below ground
17		environmental contamination, including, but not limited
18		to, parking lots and other concrete or asphalt barriers,
19		the clearing and grading of land, and importing additional
20		soil and fill materials, or removal of soil and fill
21		materials from the site;
22		(c) subject to paragraph (d), costs of buildings and
23		other vertical improvements that are located within the
24		boundaries of a STAR bond district and owned by a political
25		subdivision or other public entity, including without
26		limitation police and fire stations, educational

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1		facilities, and public restrooms and rest areas;
2		(c-1) costs of buildings and other vertical
3		improvements that are located within the boundaries of a
4		STAR bond district and owned by a destination user or
5		destination hotel; except that only 2 destination users in
6		a STAR bond district and one destination hotel are eligible
7		to include the cost of those vertical improvements as
8		project costs;
9		(c-5) costs of buildings; rides and attractions, which
10		include carousels, slides, roller coasters, displays,
11		models, towers, works of art, and similar theme and
12		amusement park improvements; and other vertical
13		improvements that are located within the boundaries of a
14		STAR bond district and owned by an entertainment user;
15		except that only one entertainment user in a STAR bond
16		district is eligible to include the cost of those vertical
17		improvements as project costs;
18		(d) costs of the design and construction of
19		infrastructure and public works located within the
20		boundaries of a STAR bond district that are reasonable or
21		necessary to implement a STAR bond district plan or any
22		STAR bond project plans, or both, except that project costs
23		shall not include the cost of constructing a new municipal
24		public building principally used to provide offices,
25		storage space, or conference facilities or vehicle
26		storage, maintenance, or repair for administrative, public

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1		safety, or public works personnel and that is not intended
2		to replace an existing public building unless the political
3		subdivision makes a reasonable determination in a STAR bond
4		district plan or any STAR bond project plans, supported by
5		information that provides the basis for that
6		determination, that the new municipal building is required
7		to meet an increase in the need for public safety purposes
8		anticipated to result from the implementation of the STAR
9		bond district plan or any STAR bond project plans;
10		(e) costs of the design and construction of the
11		following improvements located outside the boundaries of a
12		STAR bond district, provided that the costs are essential
13		to further the purpose and development of a STAR bond
14		district plan and either (i) part of and connected to
15		sewer, water, or utility service lines that physically
16		connect to the STAR bond district or (ii) significant
17		improvements for adjacent offsite highways, streets,
18		roadways, and interchanges that are approved by the
19		Illinois Department of Transportation. No other cost of
20		infrastructure and public works improvements located
21		outside the boundaries of a STAR bond district may be
22		deemed project costs;
23		(f) costs of job training and retraining projects,
24		including the cost of "welfare to work" programs
25		implemented by businesses located within a STAR bond
26		district;

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1		(g) financing costs, including, but not limited to, all
2		necessary and incidental expenses related to the issuance
3		of obligations and which may include payment of interest on
4		any obligations issued hereunder including interest
5		accruing during the estimated period of construction of any
6		improvements in a STAR bond district or any STAR bond
7		projects for which such obligations are issued and for not
8		exceeding 36 months thereafter and including reasonable
9		reserves related thereto;
10		(h) to the extent the political subdivision by written
11		agreement accepts and approves the same, all or a portion
12		of a taxing district's capital costs resulting from a STAR
13		bond district or STAR bond projects necessarily incurred or
14		to be incurred within a taxing district in furtherance of
15		the objectives of a STAR bond district plan or STAR bond
16		project plans;
17		(i) interest cost incurred by a developer for project
18		costs related to the acquisition, formation,
19		implementation, development, construction, and
20		administration of a STAR bond district, STAR bond district
21		plan, STAR bond projects, or any STAR bond project plans
22		provided that:
23		(i) payment of such costs in any one year may not
24		exceed 30% of the annual interest costs incurred by the
25		developer with regard to the STAR bond district or any
26		STAR bond projects during that year; and

HB5540 Enrolled - 334 - LRB099 16003 AMC 40320 b
1		(ii) the total of such interest payments paid
2		pursuant to this Act may not exceed 30% of the total
3		cost paid or incurred by the developer for a STAR bond
4		district or STAR bond projects, plus project costs,
5		excluding any property assembly costs incurred by a
6		political subdivision pursuant to this Act;
7		(j) costs of common areas located within the boundaries
8		of a STAR bond district;
9		(k) costs of landscaping and plantings, retaining
10		walls and fences, man-made lakes and ponds, shelters,
11		benches, lighting, and similar amenities located within
12		the boundaries of a STAR bond district;
13		(l) costs of mounted building signs, site monument, and
14		pylon signs located within the boundaries of a STAR bond
15		district; or
16		(m) if included in the STAR bond district plan and
17		approved in writing by the Director, salaries or a portion
18		of salaries for local government employees to the extent
19		the same are directly attributable to the work of such
20		employees on the establishment and management of a STAR
21		bond district or any STAR bond projects.
22		Except as specified in items (a) through (m), "project
23		costs" shall not include:
24		(i) the cost of construction of buildings that are
25		privately owned or owned by a municipality and leased to a
26		developer or retail user for non-entertainment retail

HB5540 Enrolled - 335 - LRB099 16003 AMC 40320 b
1		uses;
2		(ii) moving expenses for employees of the businesses
3		locating within the STAR bond district;
4		(iii) property taxes for property located in the STAR
5		bond district;
6		(iv) lobbying costs; and
7		(v) general overhead or administrative costs of the
8		political subdivision that would still have been incurred
9		by the political subdivision if the political subdivision
10		had not established a STAR bond district.
11		"Project development agreement" means any one or more
12		agreements, including any amendments thereto, between a master
13		developer and any co-developer or subdeveloper in connection
14		with a STAR bond project, which project development agreement
15		may include the political subdivision as a party.
16		"Projected market area" means any area within the State in
17		which a STAR bond district or STAR bond project is projected to
18		have a significant fiscal or market impact as determined by the
19		Director.
20		"Resolution" means a resolution, order, ordinance, or
21		other appropriate form of legislative action of a political
22		subdivision or other applicable public entity approved by a
23		vote of a majority of a quorum at a meeting of the governing
24		body of the political subdivision or applicable public entity.
25		"STAR bond" means a sales tax and revenue bond, note, or
26		other obligation payable from pledged STAR revenues and issued

HB5540 Enrolled - 336 - LRB099 16003 AMC 40320 b
1		by a political subdivision, the proceeds of which shall be used
2		only to pay project costs as defined in this Act.
3		"STAR bond district" means the specific area declared to be
4		an eligible area as determined by the political subdivision,
5		and approved by the Director, in which the political
6		subdivision may develop one or more STAR bond projects.
7		"STAR bond district plan" means the preliminary or
8		conceptual plan that generally identifies the proposed STAR
9		bond project areas and identifies in a general manner the
10		buildings, facilities, and improvements to be constructed or
11		improved in each STAR bond project area.
12		"STAR bond project" means a project within a STAR bond
13		district which is approved pursuant to Section 20.
14		"STAR bond project area" means the geographic area within a
15		STAR bond district in which there may be one or more STAR bond
16		projects.
17		"STAR bond project plan" means the written plan adopted by
18		a political subdivision for the development of a STAR bond
19		project in a STAR bond district; the plan may include, but is
20		not limited to, (i) project costs incurred prior to the date of
21		the STAR bond project plan and estimated future STAR bond
22		project costs, (ii) proposed sources of funds to pay those
23		costs, (iii) the nature and estimated term of any obligations
24		to be issued by the political subdivision to pay those costs,
25		(iv) the most recent equalized assessed valuation of the STAR
26		bond project area, (v) an estimate of the equalized assessed

HB5540 Enrolled - 337 - LRB099 16003 AMC 40320 b
1		valuation of the STAR bond district or applicable project area
2		after completion of a STAR bond project, (vi) a general
3		description of the types of any known or proposed developers,
4		users, or tenants of the STAR bond project or projects included
5		in the plan, (vii) a general description of the type,
6		structure, and character of the property or facilities to be
7		developed or improved, (viii) a description of the general land
8		uses to apply to the STAR bond project, and (ix) a general
9		description or an estimate of the type, class, and number of
10		employees to be employed in the operation of the STAR bond
11		project.
12		"State sales tax" means all of the net revenue realized
13		under the Retailers' Occupation Tax Act, the Use Tax Act, the
14		Service Use Tax Act, and the Service Occupation Tax Act from
15		transactions at places of business located within a STAR bond
16		district, excluding that portion of the net revenue realized
17		under the Retailers' Occupation Tax Act, the Use Tax Act, the
18		Service Use Tax Act, and the Service Occupation Tax Act from
19		transactions at places of business located within a STAR bond
20		district that is deposited into the Local Government Tax Fund
21		and the County and Mass Transit District Fund.
22		"State sales tax increment" means (i) 100% of that portion
23		of the State sales tax that is in excess of the State sales tax
24		for the same month in the base year, as determined by the
25		Department of Revenue, from transactions at up to 2 destination
26		users, one destination hotel, and one entertainment user

HB5540 Enrolled - 338 - LRB099 16003 AMC 40320 b
1		located within a STAR bond district, which destination users,
2		destination hotel, and entertainment user shall be designated
3		by the master developer and approved by the political
4		subdivision and the Director in conjunction with the applicable
5		STAR bond project approval, and (ii) 25% of that portion of the
6		State sales tax that is in excess of the State sales tax for
7		the same month in the base year, as determined by the
8		Department of Revenue, from all other transactions within a
9		STAR bond district. If any portion of State sales taxes are, at
10		the time of formation of a STAR bond district, already subject
11		to tax increment financing under the Tax Increment Allocation
12		Redevelopment Act, then the State sales tax increment for such
13		portion shall be frozen at the base year established in
14		accordance with this Act, and all future incremental increases
15		shall be included in the State sales tax increment under this
16		Act. Any party otherwise entitled to receipt of incremental
17		State sales tax revenues through an existing tax increment
18		financing district shall be entitled to continue to receive
19		such revenues up to the amount frozen in the base year. Nothing
20		in this Act shall affect the prior qualification of existing
21		redevelopment project costs incurred that are eligible for
22		reimbursement under the Tax Increment Allocation Redevelopment
23		Act. In such event, prior to approving a STAR bond district,
24		the political subdivision forming the STAR bond district shall
25		take such action as is necessary, including amending the
26		existing tax increment financing district redevelopment plan,

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1		to carry out the provisions of this Act.
2		"Substantial change" means a change wherein the proposed
3		STAR bond project plan differs substantially in size, scope, or
4		use from the approved STAR bond district plan or STAR bond
5		project plan.
6		"Taxpayer" means an individual, partnership, corporation,
7		limited liability company, trust, estate, or other entity that
8		is subject to the Illinois Income Tax Act.
9		"Total development costs" means the aggregate public and
10		private investment in a STAR bond district, including project
11		costs and other direct and indirect costs related to the
12		development of the STAR bond district.
13		"Traditional retail use" means the operation of a business
14		that derives at least 90% of its annual gross revenue from
15		sales at retail, as that phrase is defined by Section 1 of the
16		Retailers' Occupation Tax Act, but does not include the
17		operations of destination users, entertainment users,
18		restaurants, hotels, retail uses within hotels, or any other
19		non-retail uses.
20		"Vacant" means that portion of the land in a proposed STAR
21		bond district that is not occupied by a building, facility, or
22		other vertical improvement.
23		(Source: P.A. 96-939, eff. 6-24-10; 97-188, eff. 7-22-11;
24		revised 10-16-15.)
25		(50 ILCS 470/40)

HB5540 Enrolled - 340 - LRB099 16003 AMC 40320 b
1		Sec. 40. Amendments to STAR bond district. Any addition of
2		real property to a STAR bond district or any substantial change
3		to a STAR bond district plan shall be subject to the same
4		procedure for public notice, hearing, and approval as is
5		required for the establishment of the STAR bond district
6		pursuant to this Act.
7		(a) The addition or removal of land to or from a STAR bond
8		district shall require the consent of the master developer of
9		the STAR bond district.
10		(b) Any land that is outside of, but is contiguous to an
11		established STAR bond district and is subsequently owned,
12		leased, or controlled by the master developer shall be added to
13		a STAR bond district at the request of the master developer and
14		by approval of the political subdivision, provided that the
15		land becomes a part of a STAR bond project area.
16		(c) If a political subdivision has undertaken a STAR bond
17		project within a STAR bond district, and the political
18		subdivision desires to subsequently remove more than a de
19		minimis minimus amount of real property from the STAR bond
20		district, then prior to any removal of property the political
21		subdivision must provide a revised feasibility study showing
22		that the pledged STAR revenues from the resulting STAR bond
23		district within which the STAR bond project is located are
24		estimated to be sufficient to pay the project costs. If the
25		revenue from the resulting STAR bond district is insufficient
26		to pay the project costs, then the property may not be removed

HB5540 Enrolled - 341 - LRB099 16003 AMC 40320 b
1		from the STAR bond district. Any removal of real property from
2		a STAR bond district shall be approved by a resolution of the
3		governing body of the political subdivision.
4		(Source: P.A. 96-939, eff. 6-24-10; revised 10-16-15.)
5		Section 190. The Illinois Police Training Act is amended by
6		changing Section 7 and by setting forth and renumbering
7		multiple versions of Section 10.17 as follows:
8		(50 ILCS 705/7) (from Ch. 85, par. 507)
9		Sec. 7. Rules and standards for schools. The Board shall
10		adopt rules and minimum standards for such schools which shall
11		include but not be limited to the following:
12		a. The curriculum for probationary police officers which
13		shall be offered by all certified schools shall include but not
14		be limited to courses of procedural justice, arrest and use and
15		control tactics, search and seizure, including temporary
16		questioning, civil rights, human rights, human relations,
17		cultural competency, including implicit bias and racial and
18		ethnic sensitivity, criminal law, law of criminal procedure,
19		constitutional and proper use of law enforcement authority,
20		vehicle and traffic law including uniform and
21		non-discriminatory enforcement of the Illinois Vehicle Code,
22		traffic control and accident investigation, techniques of
23		obtaining physical evidence, court testimonies, statements,
24		reports, firearms training, training in the use of electronic

HB5540 Enrolled - 342 - LRB099 16003 AMC 40320 b
1		control devices, including the psychological and physiological
2		effects of the use of those devices on humans, first-aid
3		(including cardiopulmonary resuscitation), training in the
4		administration of opioid antagonists as defined in paragraph
5		(1) of subsection (e) of Section 5-23 of the Alcoholism and
6		Other Drug Abuse and Dependency Act, handling of juvenile
7		offenders, recognition of mental conditions, including, but
8		not limited to, the disease of addiction, which require
9		immediate assistance and methods to safeguard and provide
10		assistance to a person in need of mental treatment, recognition
11		of abuse, neglect, financial exploitation, and self-neglect of
12		adults with disabilities and older adults, as defined in
13		Section 2 of the Adult Protective Services Act, crimes against
14		the elderly, law of evidence, the hazards of high-speed police
15		vehicle chases with an emphasis on alternatives to the
16		high-speed chase, and physical training. The curriculum shall
17		include specific training in techniques for immediate response
18		to and investigation of cases of domestic violence and of
19		sexual assault of adults and children, including cultural
20		perceptions and common myths of rape as well as interview
21		techniques that are trauma informed, victim centered, and
22		victim sensitive. The curriculum shall include training in
23		techniques designed to promote effective communication at the
24		initial contact with crime victims and ways to comprehensively
25		explain to victims and witnesses their rights under the Rights
26		of Crime Victims and Witnesses Act and the Crime Victims

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1		Compensation Act. The curriculum shall also include a block of
2		instruction aimed at identifying and interacting with persons
3		with autism and other developmental or physical disabilities,
4		reducing barriers to reporting crimes against persons with
5		autism, and addressing the unique challenges presented by cases
6		involving victims or witnesses with autism and other
7		developmental disabilities. The curriculum for permanent
8		police officers shall include but not be limited to (1)
9		refresher and in-service training in any of the courses listed
10		above in this subparagraph, (2) advanced courses in any of the
11		subjects listed above in this subparagraph, (3) training for
12		supervisory personnel, and (4) specialized training in
13		subjects and fields to be selected by the board. The training
14		in the use of electronic control devices shall be conducted for
15		probationary police officers, including University police
16		officers.
17		b. Minimum courses of study, attendance requirements and
18		equipment requirements.
19		c. Minimum requirements for instructors.
20		d. Minimum basic training requirements, which a
21		probationary police officer must satisfactorily complete
22		before being eligible for permanent employment as a local law
23		enforcement officer for a participating local governmental
24		agency. Those requirements shall include training in first aid
25		(including cardiopulmonary resuscitation).
26		e. Minimum basic training requirements, which a

HB5540 Enrolled - 344 - LRB099 16003 AMC 40320 b
1		probationary county corrections officer must satisfactorily
2		complete before being eligible for permanent employment as a
3		county corrections officer for a participating local
4		governmental agency.
5		f. Minimum basic training requirements which a
6		probationary court security officer must satisfactorily
7		complete before being eligible for permanent employment as a
8		court security officer for a participating local governmental
9		agency. The Board shall establish those training requirements
10		which it considers appropriate for court security officers and
11		shall certify schools to conduct that training.
12		A person hired to serve as a court security officer must
13		obtain from the Board a certificate (i) attesting to his or her
14		successful completion of the training course; (ii) attesting to
15		his or her satisfactory completion of a training program of
16		similar content and number of hours that has been found
17		acceptable by the Board under the provisions of this Act; or
18		(iii) attesting to the Board's determination that the training
19		course is unnecessary because of the person's extensive prior
20		law enforcement experience.
21		Individuals who currently serve as court security officers
22		shall be deemed qualified to continue to serve in that capacity
23		so long as they are certified as provided by this Act within 24
24		months of June 1, 1997 (the effective date of Public Act
25		89-685) this amendatory Act of 1996. Failure to be so
26		certified, absent a waiver from the Board, shall cause the

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1		officer to forfeit his or her position.
2		All individuals hired as court security officers on or
3		after the effective date of this amendatory Act of 1996 shall
4		be certified within 12 months of the date of their hire, unless
5		a waiver has been obtained by the Board, or they shall forfeit
6		their positions.
7		The Sheriff's Merit Commission, if one exists, or the
8		Sheriff's Office if there is no Sheriff's Merit Commission,
9		shall maintain a list of all individuals who have filed
10		applications to become court security officers and who meet the
11		eligibility requirements established under this Act. Either
12		the Sheriff's Merit Commission, or the Sheriff's Office if no
13		Sheriff's Merit Commission exists, shall establish a schedule
14		of reasonable intervals for verification of the applicants'
15		qualifications under this Act and as established by the Board.
16		g. Minimum in-service training requirements, which a
17		police officer must satisfactorily complete every 3 years.
18		Those requirements shall include constitutional and proper use
19		of law enforcement authority, procedural justice, civil
20		rights, human rights, and cultural competency.
21		h. Minimum in-service training requirements, which a
22		police officer must satisfactorily complete at least annually.
23		Those requirements shall include law updates and use of force
24		training which shall include scenario based training, or
25		similar training approved by the Board.
26		(Source: P.A. 98-49, eff. 7-1-13; 98-358, eff. 1-1-14; 98-463,

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1		eff. 8-16-13; 98-756, eff. 7-16-14; 99-352, eff. 1-1-16;
2		99-480, eff. 9-9-15; revised 10-20-15.)
3		(50 ILCS 705/10.17)
4		Sec. 10.17. Crisis intervention team training. The
5		Illinois Law Enforcement Training and Standards Board shall
6		develop and approve a standard curriculum for a certified
7		training program in crisis intervention addressing specialized
8		policing responses to people with mental illnesses. The Board
9		shall conduct Crisis Intervention Team (CIT) training programs
10		that train officers to identify signs and symptoms of mental
11		illness, to de-escalate situations involving individuals who
12		appear to have a mental illness, and connect that person in
13		crisis to treatment. Officers who have successfully completed
14		this program shall be issued a certificate attesting to their
15		attendance of a Crisis Intervention Team (CIT) training
16		program.
17		(Source: P.A. 99-261, eff. 1-1-16.)
18		(50 ILCS 705/10.18)
19		Sec. 10.18 10.17. Training; administration of opioid
20		antagonists. The Board shall conduct or approve an in-service
21		training program for police officers in the administration of
22		opioid antagonists as defined in paragraph (1) of subsection
23		(e) of Section 5-23 of the Alcoholism and Other Drug Abuse and
24		Dependency Act that is in accordance with that Section. As used

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1		in this Section 10.17, the term "police officers" includes
2		full-time or part-time probationary police officers, permanent
3		or part-time police officers, law enforcement officers,
4		recruits, permanent or probationary county corrections
5		officers, permanent or probationary county security officers,
6		and court security officers. The term does not include
7		auxiliary police officers as defined in Section 3.1-30-20 of
8		the Illinois Municipal Code.
9		(Source: P.A. 99-480, eff. 9-9-15; revised 10-19-15.)
10		Section 195. The Law Enforcement Officer-Worn Body Camera
11		Act is amended by changing Sections 10-10 and 10-20 as follows:
12		(50 ILCS 706/10-10)
13		Sec. 10-10. Definitions. As used in is this Act:
14		"Badge" means an officer's department issued
15		identification number associated with his or her position as a
16		police officer with that department.
17		"Board" means the Illinois Law Enforcement Training
18		Standards Board created by the Illinois Police Training Act.
19		"Business offense" means a petty offense for which the fine
20		is in excess of $1,000.
21		"Community caretaking function" means a task undertaken by
22		a law enforcement officer in which the officer is performing an
23		articulable act unrelated to the investigation of a crime.
24		"Community caretaking function" includes, but is not limited

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1		to, participating in town halls or other community outreach,
2		helping a child find his or her parents, providing death
3		notifications, and performing in-home or hospital well-being
4		checks on the sick, elderly, or persons presumed missing.
5		"Fund" means the Law Enforcement Camera Grant Fund.
6		"In uniform" means a law enforcement officer who is wearing
7		any officially authorized uniform designated by a law
8		enforcement agency, or a law enforcement officer who is visibly
9		wearing articles of clothing, a badge, tactical gear, gun belt,
10		a patch, or other insignia that he or she is a law enforcement
11		officer acting in the course of his or her duties.
12		"Law enforcement officer" or "officer" means any person
13		employed by a State, county, municipality, special district,
14		college, unit of government, or any other entity authorized by
15		law to employ peace officers or exercise police authority and
16		who is primarily responsible for the prevention or detection of
17		crime and the enforcement of the laws of this State.
18		"Law enforcement agency" means all State agencies with law
19		enforcement officers, county sheriff's offices, municipal,
20		special district, college, or unit of local government police
21		departments.
22		"Law enforcement-related encounters or activities"
23		include, but are not limited to, traffic stops, pedestrian
24		stops, arrests, searches, interrogations, investigations,
25		pursuits, crowd control, traffic control, non-community
26		caretaking interactions with an individual while on patrol, or

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1		any other instance in which the officer is enforcing the laws
2		of the municipality, county, or State. "Law
3		enforcement-related encounter or activities" does not include
4		when the officer is completing paperwork alone or only in the
5		presence of another law enforcement officer.
6		"Minor traffic offense" means a petty offense, business
7		offense, or Class C misdemeanor under the Illinois Vehicle Code
8		or a similar provision of a municipal or local ordinance.
9		"Officer-worn body camera" means an electronic camera
10		system for creating, generating, sending, receiving, storing,
11		displaying, and processing audiovisual recordings that may be
12		worn about the person of a law enforcement officer.
13		"Peace officer" has the meaning provided in Section 2-13 of
14		the Criminal Code of 2012.
15		"Petty offense" means any offense for which a sentence of
16		imprisonment is not an authorized disposition.
17		"Recording" means the process of capturing data or
18		information stored on a recording medium as required under this
19		Act.
20		"Recording medium" means any recording medium authorized
21		by the Board for the retention and playback of recorded audio
22		and video including, but not limited to, VHS, DVD, hard drive,
23		cloud storage, solid state, digital, flash memory technology,
24		or any other electronic medium.
25		(Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)

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1		(50 ILCS 706/10-20)
2		Sec. 10-20. Requirements.
3		(a) The Board shall develop basic guidelines for the use of
4		officer-worn body cameras by law enforcement agencies. The
5		guidelines developed by the Board shall be the basis for the
6		written policy which must be adopted by each law enforcement
7		agency which employs the use of officer-worn body cameras. The
8		written policy adopted by the law enforcement agency must
9		include, at a minimum, all of the following:
10		(1) Cameras must be equipped with pre-event recording,
11		capable of recording at least the 30 seconds prior to
12		camera activation, unless the officer-worn body camera was
13		purchased and acquired by the law enforcement agency prior
14		to July 1, 2015.
15		(2) Cameras must be capable of recording for a period
16		of 10 hours or more, unless the officer-worn body camera
17		was purchased and acquired by the law enforcement agency
18		prior to July 1, 2015.
19		(3) Cameras must be turned on at all times when the
20		officer is in uniform and is responding to calls for
21		service or engaged in any law enforcement-related
22		encounter or activity, that occurs while the officer is on
23		duty on-duty.
24		(A) If exigent circumstances exist which prevent
25		the camera from being turned on, the camera must be
26		turned on as soon as practicable.

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1		(B) Officer-worn body cameras may be turned off
2		when the officer is inside of a patrol car which is
3		equipped with a functioning in-car camera; however,
4		the officer must turn on the camera upon exiting the
5		patrol vehicle for law enforcement-related encounters.
6		(4) Cameras must be turned off when:
7		(A) the victim of a crime requests that the camera
8		be turned off, and unless impractical or impossible,
9		that request is made on the recording;
10		(B) a witness of a crime or a community member who
11		wishes to report a crime requests that the camera be
12		turned off, and unless impractical or impossible that
13		request is made on the recording; or
14		(C) the officer is interacting with a confidential
15		informant used by the law enforcement agency.
16		However, an officer may continue to record or resume
17		recording a victim or a witness, if exigent circumstances
18		exist, or if the officer has reasonable articulable
19		suspicion that a victim or witness, or confidential
20		informant has committed or is in the process of committing
21		a crime. Under these circumstances, and unless impractical
22		or impossible, the officer must indicate on the recording
23		the reason for continuing to record despite the request of
24		the victim or witness.
25		(4.5) Cameras may be turned off when the officer is
26		engaged in community caretaking functions. However, the

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1		camera must be turned on when the officer has reason to
2		believe that the person on whose behalf the officer is
3		performing a community caretaking function has committed
4		or is in the process of committing a crime. If exigent
5		circumstances exist which prevent the camera from being
6		turned on, the camera must be turned on as soon as
7		practicable.
8		(5) The officer must provide notice of recording to any
9		person if the person has a reasonable expectation of
10		privacy and proof of notice must be evident in the
11		recording. If exigent circumstances exist which prevent
12		the officer from providing notice, notice must be provided
13		as soon as practicable.
14		(6) For the purposes of redaction, labeling, or
15		duplicating recordings, access to camera recordings shall
16		be restricted to only those personnel responsible for those
17		purposes. The recording officer and his or her supervisor
18		may access and review recordings prior to completing
19		incident reports or other documentation, provided that the
20		officer or his or her supervisor discloses that fact in the
21		report or documentation.
22		(7) Recordings made on officer-worn cameras must be
23		retained by the law enforcement agency or by the camera
24		vendor used by the agency, on a recording medium for a
25		period of 90 days.
26		(A) Under no circumstances shall any recording

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1		made with an officer-worn body camera be altered,
2		erased, or destroyed prior to the expiration of the
3		90-day storage period.
4		(B) Following the 90-day storage period, any and
5		all recordings made with an officer-worn body camera
6		must be destroyed, unless any encounter captured on the
7		recording has been flagged. An encounter is deemed to
8		be flagged when:
9		(i) a formal or informal complaint has been
10		filed;
11		(ii) the officer discharged his or her firearm
12		or used force during the encounter;
13		(iii) death or great bodily harm occurred to
14		any person in the recording;
15		(iv) the encounter resulted in a detention or
16		an arrest, excluding traffic stops which resulted
17		in only a minor traffic offense or business
18		offense;
19		(v) the officer is the subject of an internal
20		investigation or otherwise being investigated for
21		possible misconduct;
22		(vi) the supervisor of the officer,
23		prosecutor, defendant, or court determines that
24		the encounter has evidentiary value in a criminal
25		prosecution; or
26		(vii) the recording officer requests that the

HB5540 Enrolled - 354 - LRB099 16003 AMC 40320 b
1		video be flagged for official purposes related to
2		his or her official duties.
3		(C) Under no circumstances shall any recording
4		made with an officer-worn body camera relating to a
5		flagged encounter be altered or destroyed prior to 2
6		years after the recording was flagged. If the flagged
7		recording was used in a criminal, civil, or
8		administrative proceeding, the recording shall not be
9		destroyed except upon a final disposition and order
10		from the court.
11		(8) Following the 90-day storage period, recordings
12		may be retained if a supervisor at the law enforcement
13		agency designates the recording for training purposes. If
14		the recording is designated for training purposes, the
15		recordings may be viewed by officers, in the presence of a
16		supervisor or training instructor, for the purposes of
17		instruction, training, or ensuring compliance with agency
18		policies.
19		(9) Recordings shall not be used to discipline law
20		enforcement officers unless:
21		(A) a formal or informal complaint of misconduct
22		has been made;
23		(B) a use of force incident has occurred;
24		(C) the encounter on the recording could result in
25		a formal investigation under the Uniform Peace
26		Officers' Disciplinary Act; or

HB5540 Enrolled - 355 - LRB099 16003 AMC 40320 b
1		(D) as corroboration of other evidence of
2		misconduct.
3		Nothing in this paragraph (9) shall be construed to
4		limit or prohibit a law enforcement officer from being
5		subject to an action that does not amount to discipline.
6		(10) The law enforcement agency shall ensure proper
7		care and maintenance of officer-worn body cameras. Upon
8		becoming aware, officers must as soon as practical document
9		and notify the appropriate supervisor of any technical
10		difficulties, failures, or problems with the officer-worn
11		body camera or associated equipment. Upon receiving
12		notice, the appropriate supervisor shall make every
13		reasonable effort to correct and repair any of the
14		officer-worn body camera equipment.
15		(11) No officer may hinder or prohibit any person, not
16		a law enforcement officer, from recording a law enforcement
17		officer in the performance of his or her duties in a public
18		place or when the officer has no reasonable expectation of
19		privacy. The law enforcement agency's written policy shall
20		indicate the potential criminal penalties, as well as any
21		departmental discipline, which may result from unlawful
22		confiscation or destruction of the recording medium of a
23		person who is not a law enforcement officer. However, an
24		officer may take reasonable action to maintain safety and
25		control, secure crime scenes and accident sites, protect
26		the integrity and confidentiality of investigations, and

HB5540 Enrolled - 356 - LRB099 16003 AMC 40320 b
1		protect the public safety and order.
2		(b) Recordings made with the use of an officer-worn body
3		camera are not subject to disclosure under the Freedom of
4		Information Act, except that:
5		(1) if the subject of the encounter has a reasonable
6		expectation of privacy, at the time of the recording, any
7		recording which is flagged, due to the filing of a
8		complaint, discharge of a firearm, use of force, arrest or
9		detention, or resulting death or bodily harm, shall be
10		disclosed in accordance with the Freedom of Information Act
11		if:
12		(A) the subject of the encounter captured on the
13		recording is a victim or witness; and
14		(B) the law enforcement agency obtains written
15		permission of the subject or the subject's legal
16		representative;
17		(2) except as provided in paragraph (1) of this
18		subsection (b), any recording which is flagged due to the
19		filing of a complaint, discharge of a firearm, use of
20		force, arrest or detention, or resulting death or bodily
21		harm shall be disclosed in accordance with the Freedom of
22		Information Act; and
23		(3) upon request, the law enforcement agency shall
24		disclose, in accordance with the Freedom of Information
25		Act, the recording to the subject of the encounter captured
26		on the recording or to the subject's attorney, or the

HB5540 Enrolled - 357 - LRB099 16003 AMC 40320 b
1		officer or his or her legal representative.
2		For the purposes of paragraph (1) of this subsection (b),
3		the subject of the encounter does not have a reasonable
4		expectation of privacy if the subject was arrested as a result
5		of the encounter. For purposes of subparagraph (A) of paragraph
6		(1) of this subsection (b), "witness" does not include a person
7		who is a victim or who was arrested as a result of the
8		encounter.
9		Only recordings or portions of recordings responsive to the
10		request shall be available for inspection or reproduction. Any
11		recording disclosed under the Freedom of Information Act shall
12		be redacted to remove identification of any person that appears
13		on the recording and is not the officer, a subject of the
14		encounter, or directly involved in the encounter. Nothing in
15		this subsection (b) shall require the disclosure of any
16		recording or portion of any recording which would be exempt
17		from disclosure under the Freedom of Information Act.
18		(c) Nothing in this Section shall limit access to a camera
19		recording for the purposes of complying with Supreme Court
20		rules or the rules of evidence.
21		(Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)
22		Section 200. The Emergency Telephone System Act is amended
23		by changing Section 75 as follows:
24		(50 ILCS 750/75)

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1		(Section scheduled to be repealed on July 1, 2017)
2		Sec. 75. Transfer of rights, functions, powers, duties, and
3		property to Department of State Police; rules and standards;
4		savings provisions.
5		(a) On January 1, 2016, the rights, functions, powers, and
6		duties of the Illinois Commerce Commission as set forth in this
7		Act and the Wireless Emergency Telephone Safety Act existing
8		prior to January 1, 2016, are transferred to and shall be
9		exercised by the Department of State Police. On or before
10		January 1, 2016, the Commission shall transfer and deliver to
11		the Department all books, records, documents, property (real
12		and personal), unexpended appropriations, and pending business
13		pertaining to the rights, powers, duties, and functions
14		transferred to the Department under Public Act 99-6 this
15		amendatory Act of the 99th General Assembly.
16		(b) The rules and standards of the Commission that are in
17		effect on January 1, 2016 and that pertain to the rights,
18		powers, duties, and functions transferred to the Department
19		under Public Act 99-6 this amendatory Act of the 99th General
20		Assembly shall become the rules and standards of the Department
21		on January 1, 2016, and shall continue in effect until amended
22		or repealed by the Department.
23		Any rules pertaining to the rights, powers, duties, and
24		functions transferred to the Department under Public Act 99-6
25		this amendatory Act of the 99th General Assembly that have been
26		proposed by the Commission but have not taken effect or been

HB5540 Enrolled - 359 - LRB099 16003 AMC 40320 b
1		finally adopted by January 1, 2016, shall become proposed rules
2		of the Department on January 1, 2016, and any rulemaking
3		procedures that have already been completed by the Commission
4		for those proposed rules need not be repealed.
5		As soon as it is practical after January 1, 2016, the
6		Department shall revise and clarify the rules transferred to it
7		under Public Act 99-6 this amendatory Act of the 99th General
8		Assembly to reflect the transfer of rights, powers, duties, and
9		functions effected by Public Act 99-6 this amendatory Act of
10		the 99th General Assembly using the procedures for
11		recodification of rules available under the Illinois
12		Administrative Procedure Act, except that existing title,
13		part, and section numbering for the affected rules may be
14		retained. The Department may propose and adopt under the
15		Illinois Administrative Procedure Act any other rules
16		necessary to consolidate and clarify those rules.
17		(c) The rights, powers, duties, and functions transferred
18		to the Department by Public Act 99-6 this amendatory Act of the
19		99th General Assembly shall be vested in and exercised by the
20		Department subject to the provisions of this Act and the
21		Wireless Emergency Telephone Safety Act. An act done by the
22		Department or an officer, employee, or agent of the Department
23		in the exercise of the transferred rights, powers, duties, and
24		functions shall have the same legal effect as if done by the
25		Commission or an officer, employee, or agent of the Commission.
26		The transfer of rights, powers, duties, and functions to

HB5540 Enrolled - 360 - LRB099 16003 AMC 40320 b
1		the Department under Public Act 99-6 this amendatory Act of the
2		99th General Assembly does not invalidate any previous action
3		taken by or in respect to the Commission, its officers,
4		employees, or agents. References to the Commission or its
5		officers, employees, or agents in any document, contract,
6		agreement, or law shall, in appropriate contexts, be deemed to
7		refer to the Department or its officers, employees, or agents.
8		The transfer of rights, powers, duties, and functions to
9		the Department under Public Act 99-6 this amendatory Act of the
10		99th General Assembly does not affect any person's rights,
11		obligations, or duties, including any civil or criminal
12		penalties applicable thereto, arising out of those transferred
13		rights, powers, duties, and functions.
14		Public Act 99-6 This amendatory Act of the 99th General
15		Assembly does not affect any act done, ratified, or cancelled,
16		any right occurring or established, or any action or proceeding
17		commenced in an administrative, civil, or criminal case before
18		January 1, 2016. Any such action or proceeding that pertains to
19		a right, power, duty, or function transferred to the Department
20		under Public Act 99-6 this amendatory Act of the 99th General
21		Assembly that is pending on that date may be prosecuted,
22		defended, or continued by the Commission.
23		For the purposes of Section 9b of the State Finance Act,
24		the Department is the successor to the Commission with respect
25		to the rights, duties, powers, and functions transferred by
26		Public Act 99-6 this amendatory Act of the 99th General

HB5540 Enrolled - 361 - LRB099 16003 AMC 40320 b
1		Assembly.
2		(d) (c) The Department is authorized to enter into an
3		intergovernmental agreement with the Commission for the
4		purpose of having the Commission assist the Department and the
5		Statewide 9-1-1 Administrator in carrying out their duties and
6		functions under this Act. The agreement may provide for funding
7		for the Commission for its assistance to the Department and the
8		Statewide 9-1-1 Administrator.
9		(Source: P.A. 99-6, eff. 6-29-15; revised 11-9-15.)
10		Section 205. The Counties Code is amended by changing
11		Sections 3-3013, 3-8007, 3-9005, 5-1006.5, 5-1006.7, 5-12020,
12		and 6-1003 as follows:
13		(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
14		Sec. 3-3013. Preliminary investigations; blood and urine
15		analysis; summoning jury; reports. Every coroner, whenever, as
16		soon as he knows or is informed that the dead body of any
17		person is found, or lying within his county, whose death is
18		suspected of being:
19		(a) A sudden or violent death, whether apparently
20		suicidal, homicidal or accidental, including but not
21		limited to deaths apparently caused or contributed to by
22		thermal, traumatic, chemical, electrical or radiational
23		injury, or a complication of any of them, or by drowning or
24		suffocation, or as a result of domestic violence as defined

HB5540 Enrolled - 362 - LRB099 16003 AMC 40320 b
1		in the Illinois Domestic Violence Act of 1986;
2		(b) A maternal or fetal death due to abortion, or any
3		death due to a sex crime or a crime against nature;
4		(c) A death where the circumstances are suspicious,
5		obscure, mysterious or otherwise unexplained or where, in
6		the written opinion of the attending physician, the cause
7		of death is not determined;
8		(d) A death where addiction to alcohol or to any drug
9		may have been a contributory cause; or
10		(e) A death where the decedent was not attended by a
11		licensed physician;
12		shall go to the place where the dead body is, and take charge
13		of the same and shall make a preliminary investigation into the
14		circumstances of the death. In the case of death without
15		attendance by a licensed physician the body may be moved with
16		the coroner's consent from the place of death to a mortuary in
17		the same county. Coroners in their discretion shall notify such
18		physician as is designated in accordance with Section 3-3014 to
19		attempt to ascertain the cause of death, either by autopsy or
20		otherwise.
21		In cases of accidental death involving a motor vehicle in
22		which the decedent was (1) the operator or a suspected operator
23		of a motor vehicle, or (2) a pedestrian 16 years of age or
24		older, the coroner shall require that a blood specimen of at
25		least 30 cc., and if medically possible a urine specimen of at
26		least 30 cc. or as much as possible up to 30 cc., be withdrawn

HB5540 Enrolled - 363 - LRB099 16003 AMC 40320 b
1		from the body of the decedent in a timely fashion after the
2		accident causing his death, by such physician as has been
3		designated in accordance with Section 3-3014, or by the coroner
4		or deputy coroner or a qualified person designated by such
5		physician, coroner, or deputy coroner. If the county does not
6		maintain laboratory facilities for making such analysis, the
7		blood and urine so drawn shall be sent to the Department of
8		State Police or any other accredited or State-certified
9		laboratory for analysis of the alcohol, carbon monoxide, and
10		dangerous or narcotic drug content of such blood and urine
11		specimens. Each specimen submitted shall be accompanied by
12		pertinent information concerning the decedent upon a form
13		prescribed by such laboratory. Any person drawing blood and
14		urine and any person making any examination of the blood and
15		urine under the terms of this Division shall be immune from all
16		liability, civil or criminal, that might otherwise be incurred
17		or imposed.
18		In all other cases coming within the jurisdiction of the
19		coroner and referred to in subparagraphs (a) through (e) above,
20		blood, and whenever possible, urine samples shall be analyzed
21		for the presence of alcohol and other drugs. When the coroner
22		suspects that drugs may have been involved in the death, either
23		directly or indirectly, a toxicological examination shall be
24		performed which may include analyses of blood, urine, bile,
25		gastric contents and other tissues. When the coroner suspects a
26		death is due to toxic substances, other than drugs, the coroner

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1		shall consult with the toxicologist prior to collection of
2		samples. Information submitted to the toxicologist shall
3		include information as to height, weight, age, sex and race of
4		the decedent as well as medical history, medications used by
5		and the manner of death of decedent.
6		When the coroner or medical examiner finds that the cause
7		of death is due to homicidal means, the coroner or medical
8		examiner shall cause blood and buccal specimens (tissue may be
9		submitted if no uncontaminated blood or buccal specimen can be
10		obtained), whenever possible, to be withdrawn from the body of
11		the decedent in a timely fashion. For proper preservation of
12		the specimens, collected blood and buccal specimens shall be
13		dried and tissue specimens shall be frozen if available
14		equipment exists. As soon as possible, but no later than 30
15		days after the collection of the specimens, the coroner or
16		medical examiner shall release those specimens to the police
17		agency responsible for investigating the death. As soon as
18		possible, but no later than 30 days after the receipt from the
19		coroner or medical examiner, the police agency shall submit the
20		specimens using the agency case number to a National DNA Index
21		System (NDIS) participating laboratory within this State, such
22		as the Illinois Department of State Police, Division of
23		Forensic Services, for analysis and categorizing into genetic
24		marker groupings. The results of the analysis and categorizing
25		into genetic marker groupings shall be provided to the Illinois
26		Department of State Police and shall be maintained by the

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1		Illinois Department of State Police in the State central
2		repository in the same manner, and subject to the same
3		conditions, as provided in Section 5-4-3 of the Unified Code of
4		Corrections. The requirements of this paragraph are in addition
5		to any other findings, specimens, or information that the
6		coroner or medical examiner is required to provide during the
7		conduct of a criminal investigation.
8		In all counties, in cases of apparent suicide, homicide, or
9		accidental death or in other cases, within the discretion of
10		the coroner, the coroner may summon 8 persons of lawful age
11		from those persons drawn for petit jurors in the county. The
12		summons shall command these persons to present themselves
13		personally at such a place and time as the coroner shall
14		determine, and may be in any form which the coroner shall
15		determine and may incorporate any reasonable form of request
16		for acknowledgement which the coroner deems practical and
17		provides a reliable proof of service. The summons may be served
18		by first class mail. From the 8 persons so summoned, the
19		coroner shall select 6 to serve as the jury for the inquest.
20		Inquests may be continued from time to time, as the coroner may
21		deem necessary. The 6 jurors selected in a given case may view
22		the body of the deceased. If at any continuation of an inquest
23		one or more of the original jurors shall be unable to continue
24		to serve, the coroner shall fill the vacancy or vacancies. A
25		juror serving pursuant to this paragraph shall receive
26		compensation from the county at the same rate as the rate of

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1		compensation that is paid to petit or grand jurors in the
2		county. The coroner shall furnish to each juror without fee at
3		the time of his discharge a certificate of the number of days
4		in attendance at an inquest, and, upon being presented with
5		such certificate, the county treasurer shall pay to the juror
6		the sum provided for his services.
7		In counties which have a jury commission, in cases of
8		apparent suicide or homicide or of accidental death, the
9		coroner may conduct an inquest. The jury commission shall
10		provide at least 8 jurors to the coroner, from whom the coroner
11		shall select any 6 to serve as the jury for the inquest.
12		Inquests may be continued from time to time as the coroner may
13		deem necessary. The 6 jurors originally chosen in a given case
14		may view the body of the deceased. If at any continuation of an
15		inquest one or more of the 6 jurors originally chosen shall be
16		unable to continue to serve, the coroner shall fill the vacancy
17		or vacancies. At the coroner's discretion, additional jurors to
18		fill such vacancies shall be supplied by the jury commission. A
19		juror serving pursuant to this paragraph in such county shall
20		receive compensation from the county at the same rate as the
21		rate of compensation that is paid to petit or grand jurors in
22		the county.
23		In every case in which a fire is determined to be a
24		contributing factor in a death, the coroner shall report the
25		death to the Office of the State Fire Marshal. The coroner
26		shall provide a copy of the death certificate (i) within 30

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1		days after filing the permanent death certificate and (ii) in a
2		manner that is agreed upon by the coroner and the State Fire
3		Marshal.
4		In every case in which a drug overdose is determined to be
5		the cause or a contributing factor in the death, the coroner or
6		medical examiner shall report the death to the Department of
7		Public Health. The Department of Public Health shall adopt
8		rules regarding specific information that must be reported in
9		the event of such a death. If possible, the coroner shall
10		report the cause of the overdose. As used in this Section,
11		"overdose" has the same meaning as it does in Section 414 of
12		the Illinois Controlled Substances Act. The Department of
13		Public Health shall issue a semiannual report to the General
14		Assembly summarizing the reports received. The Department
15		shall also provide on its website a monthly report of overdose
16		death figures organized by location, age, and any other
17		factors, the Department deems appropriate.
18		In addition, in every case in which domestic violence is
19		determined to be a contributing factor in a death, the coroner
20		shall report the death to the Department of State Police.
21		All deaths in State institutions and all deaths of wards of
22		the State in private care facilities or in programs funded by
23		the Department of Human Services under its powers relating to
24		mental health and developmental disabilities or alcoholism and
25		substance abuse or funded by the Department of Children and
26		Family Services shall be reported to the coroner of the county

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1		in which the facility is located. If the coroner has reason to
2		believe that an investigation is needed to determine whether
3		the death was caused by maltreatment or negligent care of the
4		ward of the State, the coroner may conduct a preliminary
5		investigation of the circumstances of such death as in cases of
6		death under circumstances set forth in paragraphs (a) through
7		(e) of this Section.
8		(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; revised
9		10-20-15.)
10		(55 ILCS 5/3-8007) (from Ch. 34, par. 3-8007)
11		Sec. 3-8007. Duties and jurisdiction of commission. The
12		Merit Commission shall have the duties, pursuant to recognized
13		merit principles of public employment, of certification for
14		employment and promotion, and, upon complaint of the sheriff or
15		State's Attorney states attorney as limited in this Division,
16		to discipline or discharge as the circumstances may warrant.
17		All full time deputy sheriffs shall be under the jurisdiction
18		of this Act and the county board may provide that other
19		positions, including jail officers, as defined in "An Act to
20		revise the law in relation to jails and jailers", approved
21		March 3, 1874, as now or hereafter amended (repealed), shall be
22		under the jurisdiction of the Commission. There may be exempted
23		from coverage by resolution of the county board a "chief
24		deputy" or "chief deputies" who shall be vested with all
25		authorities granted to deputy sheriffs pursuant to Section

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1		3-6015. "Chief Deputy" or "Chief Deputies" as used in this
2		Section include the personal assistant or assistants of the
3		sheriff whether titled "chief deputy", "undersheriff" "under
4		sheriff", or "administrative assistant".
5		(Source: P.A. 86-962; revised 11-9-15.)
6		(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
7		Sec. 3-9005. Powers and duties of State's attorney.
8		(a) The duty of each State's attorney shall be:
9		(1) To commence and prosecute all actions, suits,
10		indictments and prosecutions, civil and criminal, in the
11		circuit court for his county, in which the people of the
12		State or county may be concerned.
13		(2) To prosecute all forfeited bonds and
14		recognizances, and all actions and proceedings for the
15		recovery of debts, revenues, moneys, fines, penalties and
16		forfeitures accruing to the State or his county, or to any
17		school district or road district in his county; also, to
18		prosecute all suits in his county against railroad or
19		transportation companies, which may be prosecuted in the
20		name of the People of the State of Illinois.
21		(3) To commence and prosecute all actions and
22		proceedings brought by any county officer in his official
23		capacity.
24		(4) To defend all actions and proceedings brought
25		against his county, or against any county or State officer,

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1		in his official capacity, within his county.
2		(5) To attend the examination of all persons brought
3		before any judge on habeas corpus, when the prosecution is
4		in his county.
5		(6) To attend before judges and prosecute charges of
6		felony or misdemeanor, for which the offender is required
7		to be recognized to appear before the circuit court, when
8		in his power so to do.
9		(7) To give his opinion, without fee or reward, to any
10		county officer in his county, upon any question or law
11		relating to any criminal or other matter, in which the
12		people or the county may be concerned.
13		(8) To assist the attorney general whenever it may be
14		necessary, and in cases of appeal from his county to the
15		Supreme Court, to which it is the duty of the attorney
16		general to attend, he shall furnish the attorney general at
17		least 10 days before such is due to be filed, a manuscript
18		of a proposed statement, brief and argument to be printed
19		and filed on behalf of the people, prepared in accordance
20		with the rules of the Supreme Court. However, if such
21		brief, argument or other document is due to be filed by law
22		or order of court within this 10-day 10 day period, then
23		the State's attorney shall furnish such as soon as may be
24		reasonable.
25		(9) To pay all moneys received by him in trust, without
26		delay, to the officer who by law is entitled to the custody

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1		thereof.
2		(10) To notify, by first class mail, complaining
3		witnesses of the ultimate disposition of the cases arising
4		from an indictment or an information.
5		(11) To perform such other and further duties as may,
6		from time to time, be enjoined on him by law.
7		(12) To appear in all proceedings by collectors of
8		taxes against delinquent taxpayers for judgments to sell
9		real estate, and see that all the necessary preliminary
10		steps have been legally taken to make the judgment legal
11		and binding.
12		(13) To notify, by first-class mail, the State
13		Superintendent of Education, the applicable regional
14		superintendent of schools, and the superintendent of the
15		employing school district or the chief school
16		administrator of the employing nonpublic school, if any,
17		upon the conviction of any individual known to possess a
18		certificate or license issued pursuant to Article 21 or
19		21B, respectively, of the School Code of any offense set
20		forth in Section 21B-80 of the School Code or any other
21		felony conviction, providing the name of the certificate
22		holder, the fact of the conviction, and the name and
23		location of the court where the conviction occurred. The
24		certificate holder must also be contemporaneously sent a
25		copy of the notice.
26		(b) The State's Attorney of each county shall have

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1		authority to appoint one or more special investigators to serve
2		subpoenas and , summonses, make return of process, and conduct
3		investigations which assist the State's Attorney in the
4		performance of his duties. In counties of the first and second
5		class, the fees for service of subpoenas and summonses are
6		allowed by this Section and shall be consistent with those set
7		forth in Section 4-5001 of this Act, except when increased by
8		county ordinance as provided for in Section 4-5001. In counties
9		of the third class, the fees for service of subpoenas and
10		summonses are allowed by this Section and shall be consistent
11		with those set forth in Section 4-12001 of this Act. A special
12		investigator shall not carry firearms except with permission of
13		the State's Attorney and only while carrying appropriate
14		identification indicating his employment and in the
15		performance of his assigned duties.
16		Subject to the qualifications set forth in this subsection,
17		special investigators shall be peace officers and shall have
18		all the powers possessed by investigators under the State's
19		Attorneys Appellate Prosecutor's Act.
20		No special investigator employed by the State's Attorney
21		shall have peace officer status or exercise police powers
22		unless he or she successfully completes the basic police
23		training course mandated and approved by the Illinois Law
24		Enforcement Training Standards Board or such board waives the
25		training requirement by reason of the special investigator's
26		prior law enforcement experience or training or both. Any

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1		State's Attorney appointing a special investigator shall
2		consult with all affected local police agencies, to the extent
3		consistent with the public interest, if the special
4		investigator is assigned to areas within that agency's
5		jurisdiction.
6		Before a person is appointed as a special investigator, his
7		fingerprints shall be taken and transmitted to the Department
8		of State Police. The Department shall examine its records and
9		submit to the State's Attorney of the county in which the
10		investigator seeks appointment any conviction information
11		concerning the person on file with the Department. No person
12		shall be appointed as a special investigator if he has been
13		convicted of a felony or other offense involving moral
14		turpitude. A special investigator shall be paid a salary and be
15		reimbursed for actual expenses incurred in performing his
16		assigned duties. The county board shall approve the salary and
17		actual expenses and appropriate the salary and expenses in the
18		manner prescribed by law or ordinance.
19		(c) The State's Attorney may request and receive from
20		employers, labor unions, telephone companies, and utility
21		companies location information concerning putative fathers and
22		noncustodial parents for the purpose of establishing a child's
23		paternity or establishing, enforcing, or modifying a child
24		support obligation. In this subsection, "location information"
25		means information about (i) the physical whereabouts of a
26		putative father or noncustodial parent, (ii) the putative

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1		father or noncustodial parent's employer, or (iii) the salary,
2		wages, and other compensation paid and the health insurance
3		coverage provided to the putative father or noncustodial parent
4		by the employer of the putative father or noncustodial parent
5		or by a labor union of which the putative father or
6		noncustodial parent is a member.
7		(d) For each State fiscal year, the State's Attorney of
8		Cook County shall appear before the General Assembly and
9		request appropriations to be made from the Capital Litigation
10		Trust Fund to the State Treasurer for the purpose of providing
11		assistance in the prosecution of capital cases in Cook County
12		and for the purpose of providing assistance to the State in
13		post-conviction proceedings in capital cases under Article 122
14		of the Code of Criminal Procedure of 1963 and in relation to
15		petitions filed under Section 2-1401 of the Code of Civil
16		Procedure in relation to capital cases. The State's Attorney
17		may appear before the General Assembly at other times during
18		the State's fiscal year to request supplemental appropriations
19		from the Trust Fund to the State Treasurer.
20		(e) The State's Attorney shall have the authority to enter
21		into a written agreement with the Department of Revenue for
22		pursuit of civil liability under subsection (E) of Section 17-1
23		of the Criminal Code of 2012 against persons who have issued to
24		the Department checks or other orders in violation of the
25		provisions of paragraph (1) of subsection (B) of Section 17-1
26		of the Criminal Code of 2012, with the Department to retain the

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1		amount owing upon the dishonored check or order along with the
2		dishonored check fee imposed under the Uniform Penalty and
3		Interest Act, with the balance of damages, fees, and costs
4		collected under subsection (E) of Section 17-1 of the Criminal
5		Code of 2012 or under Section 17-1a of that Code to be retained
6		by the State's Attorney. The agreement shall not affect the
7		allocation of fines and costs imposed in any criminal
8		prosecution.
9		(Source: P.A. 99-169, eff. 7-28-15; revised 11-9-15.)
10		(55 ILCS 5/5-1006.5)
11		Sec. 5-1006.5. Special County Retailers' Occupation Tax
12		For Public Safety, Public Facilities, or Transportation.
13		(a) The county board of any county may impose a tax upon
14		all persons engaged in the business of selling tangible
15		personal property, other than personal property titled or
16		registered with an agency of this State's government, at retail
17		in the county on the gross receipts from the sales made in the
18		course of business to provide revenue to be used exclusively
19		for public safety, public facility, or transportation purposes
20		in that county, if a proposition for the tax has been submitted
21		to the electors of that county and approved by a majority of
22		those voting on the question. If imposed, this tax shall be
23		imposed only in one-quarter percent increments. By resolution,
24		the county board may order the proposition to be submitted at
25		any election. If the tax is imposed for transportation purposes

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1		for expenditures for public highways or as authorized under the
2		Illinois Highway Code, the county board must publish notice of
3		the existence of its long-range highway transportation plan as
4		required or described in Section 5-301 of the Illinois Highway
5		Code and must make the plan publicly available prior to
6		approval of the ordinance or resolution imposing the tax. If
7		the tax is imposed for transportation purposes for expenditures
8		for passenger rail transportation, the county board must
9		publish notice of the existence of its long-range passenger
10		rail transportation plan and must make the plan publicly
11		available prior to approval of the ordinance or resolution
12		imposing the tax.
13		If a tax is imposed for public facilities purposes, then
14		the name of the project may be included in the proposition at
15		the discretion of the county board as determined in the
16		enabling resolution. For example, the "XXX Nursing Home" or the
17		"YYY Museum".
18		The county clerk shall certify the question to the proper
19		election authority, who shall submit the proposition at an
20		election in accordance with the general election law.
21		(1) The proposition for public safety purposes shall be
22		in substantially the following form:
23		"To pay for public safety purposes, shall (name of
24		county) be authorized to impose an increase on its share of
25		local sales taxes by (insert rate)?"
26		As additional information on the ballot below the

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1		question shall appear the following:
2		"This would mean that a consumer would pay an
3		additional (insert amount) in sales tax for every $100 of
4		tangible personal property bought at retail."
5		The county board may also opt to establish a sunset
6		provision at which time the additional sales tax would
7		cease being collected, if not terminated earlier by a vote
8		of the county board. If the county board votes to include a
9		sunset provision, the proposition for public safety
10		purposes shall be in substantially the following form:
11		"To pay for public safety purposes, shall (name of
12		county) be authorized to impose an increase on its share of
13		local sales taxes by (insert rate) for a period not to
14		exceed (insert number of years)?"
15		As additional information on the ballot below the
16		question shall appear the following:
17		"This would mean that a consumer would pay an
18		additional (insert amount) in sales tax for every $100 of
19		tangible personal property bought at retail. If imposed,
20		the additional tax would cease being collected at the end
21		of (insert number of years), if not terminated earlier by a
22		vote of the county board."
23		For the purposes of the paragraph, "public safety
24		purposes" means crime prevention, detention, fire
25		fighting, police, medical, ambulance, or other emergency
26		services.

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1		Votes shall be recorded as "Yes" or "No".
2		Beginning on the January 1 or July 1, whichever is first,
3		that occurs not less than 30 days after May 31, 2015 (the
4		effective date of Public Act 99-4) this amendatory Act of the
5		99th General Assembly, Adams County may impose a public safety
6		retailers' occupation tax and service occupation tax at the
7		rate of 0.25%, as provided in the referendum approved by the
8		voters on April 7, 2015, notwithstanding the omission of the
9		additional information that is otherwise required to be printed
10		on the ballot below the question pursuant to this item (1).
11		(2) The proposition for transportation purposes shall
12		be in substantially the following form:
13		"To pay for improvements to roads and other
14		transportation purposes, shall (name of county) be
15		authorized to impose an increase on its share of local
16		sales taxes by (insert rate)?"
17		As additional information on the ballot below the
18		question shall appear the following:
19		"This would mean that a consumer would pay an
20		additional (insert amount) in sales tax for every $100 of
21		tangible personal property bought at retail."
22		The county board may also opt to establish a sunset
23		provision at which time the additional sales tax would
24		cease being collected, if not terminated earlier by a vote
25		of the county board. If the county board votes to include a
26		sunset provision, the proposition for transportation

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1		purposes shall be in substantially the following form:
2		"To pay for road improvements and other transportation
3		purposes, shall (name of county) be authorized to impose an
4		increase on its share of local sales taxes by (insert rate)
5		for a period not to exceed (insert number of years)?"
6		As additional information on the ballot below the
7		question shall appear the following:
8		"This would mean that a consumer would pay an
9		additional (insert amount) in sales tax for every $100 of
10		tangible personal property bought at retail. If imposed,
11		the additional tax would cease being collected at the end
12		of (insert number of years), if not terminated earlier by a
13		vote of the county board."
14		For the purposes of this paragraph, transportation
15		purposes means construction, maintenance, operation, and
16		improvement of public highways, any other purpose for which
17		a county may expend funds under the Illinois Highway Code,
18		and passenger rail transportation.
19		The votes shall be recorded as "Yes" or "No".
20		(3) The proposition for public facilities purposes
21		shall be in substantially the following form:
22		"To pay for public facilities purposes, shall (name of
23		county) be authorized to impose an increase on its share of
24		local sales taxes by (insert rate)?"
25		As additional information on the ballot below the
26		question shall appear the following:

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1		"This would mean that a consumer would pay an
2		additional (insert amount) in sales tax for every $100 of
3		tangible personal property bought at retail."
4		The county board may also opt to establish a sunset
5		provision at which time the additional sales tax would
6		cease being collected, if not terminated earlier by a vote
7		of the county board. If the county board votes to include a
8		sunset provision, the proposition for public facilities
9		purposes shall be in substantially the following form:
10		"To pay for public facilities purposes, shall (name of
11		county) be authorized to impose an increase on its share of
12		local sales taxes by (insert rate) for a period not to
13		exceed (insert number of years)?"
14		As additional information on the ballot below the
15		question shall appear the following:
16		"This would mean that a consumer would pay an
17		additional (insert amount) in sales tax for every $100 of
18		tangible personal property bought at retail. If imposed,
19		the additional tax would cease being collected at the end
20		of (insert number of years), if not terminated earlier by a
21		vote of the county board."
22		For purposes of this Section, "public facilities
23		purposes" means the acquisition, development,
24		construction, reconstruction, rehabilitation, improvement,
25		financing, architectural planning, and installation of
26		capital facilities consisting of buildings, structures,

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1		and durable equipment and for the acquisition and
2		improvement of real property and interest in real property
3		required, or expected to be required, in connection with
4		the public facilities, for use by the county for the
5		furnishing of governmental services to its citizens,
6		including but not limited to museums and nursing homes.
7		The votes shall be recorded as "Yes" or "No".
8		If a majority of the electors voting on the proposition
9		vote in favor of it, the county may impose the tax. A county
10		may not submit more than one proposition authorized by this
11		Section to the electors at any one time.
12		This additional tax may not be imposed on the sales of food
13		for human consumption that is to be consumed off the premises
14		where it is sold (other than alcoholic beverages, soft drinks,
15		and food which has been prepared for immediate consumption) and
16		prescription and non-prescription medicines, drugs, medical
17		appliances and insulin, urine testing materials, syringes, and
18		needles used by diabetics. The tax imposed by a county under
19		this Section and all civil penalties that may be assessed as an
20		incident of the tax shall be collected and enforced by the
21		Illinois Department of Revenue and deposited into a special
22		fund created for that purpose. The certificate of registration
23		that is issued by the Department to a retailer under the
24		Retailers' Occupation Tax Act shall permit the retailer to
25		engage in a business that is taxable without registering
26		separately with the Department under an ordinance or resolution

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1		under this Section. The Department has full power to administer
2		and enforce this Section, to collect all taxes and penalties
3		due under this Section, to dispose of taxes and penalties so
4		collected in the manner provided in this Section, and to
5		determine all rights to credit memoranda arising on account of
6		the erroneous payment of a tax or penalty under this Section.
7		In the administration of and compliance with this Section, the
8		Department and persons who are subject to this Section shall
9		(i) have the same rights, remedies, privileges, immunities,
10		powers, and duties, (ii) be subject to the same conditions,
11		restrictions, limitations, penalties, and definitions of
12		terms, and (iii) employ the same modes of procedure as are
13		prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
14		1n, 2 through 2-70 (in respect to all provisions contained in
15		those Sections other than the State rate of tax), 2a, 2b, 2c, 3
16		(except provisions relating to transaction returns and quarter
17		monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
18		5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13
19		of the Retailers' Occupation Tax Act and Section 3-7 of the
20		Uniform Penalty and Interest Act as if those provisions were
21		set forth in this Section.
22		Persons subject to any tax imposed under the authority
23		granted in this Section may reimburse themselves for their
24		sellers' tax liability by separately stating the tax as an
25		additional charge, which charge may be stated in combination,
26		in a single amount, with State tax which sellers are required

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1		to collect under the Use Tax Act, pursuant to such bracketed
2		schedules as the Department may prescribe.
3		Whenever the Department determines that a refund should be
4		made under this Section to a claimant instead of issuing a
5		credit memorandum, the Department shall notify the State
6		Comptroller, who shall cause the order to be drawn for the
7		amount specified and to the person named in the notification
8		from the Department. The refund shall be paid by the State
9		Treasurer out of the County Public Safety or Transportation
10		Retailers' Occupation Tax Fund.
11		(b) If a tax has been imposed under subsection (a), a
12		service occupation tax shall also be imposed at the same rate
13		upon all persons engaged, in the county, in the business of
14		making sales of service, who, as an incident to making those
15		sales of service, transfer tangible personal property within
16		the county as an incident to a sale of service. This tax may
17		not be imposed on sales of food for human consumption that is
18		to be consumed off the premises where it is sold (other than
19		alcoholic beverages, soft drinks, and food prepared for
20		immediate consumption) and prescription and non-prescription
21		medicines, drugs, medical appliances and insulin, urine
22		testing materials, syringes, and needles used by diabetics. The
23		tax imposed under this subsection and all civil penalties that
24		may be assessed as an incident thereof shall be collected and
25		enforced by the Department of Revenue. The Department has full
26		power to administer and enforce this subsection; to collect all

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1		taxes and penalties due hereunder; to dispose of taxes and
2		penalties so collected in the manner hereinafter provided; and
3		to determine all rights to credit memoranda arising on account
4		of the erroneous payment of tax or penalty hereunder. In the
5		administration of, and compliance with this subsection, the
6		Department and persons who are subject to this paragraph shall
7		(i) have the same rights, remedies, privileges, immunities,
8		powers, and duties, (ii) be subject to the same conditions,
9		restrictions, limitations, penalties, exclusions, exemptions,
10		and definitions of terms, and (iii) employ the same modes of
11		procedure as are prescribed in Sections 2 (except that the
12		reference to State in the definition of supplier maintaining a
13		place of business in this State shall mean the county), 2a, 2b,
14		2c, 3 through 3-50 (in respect to all provisions therein other
15		than the State rate of tax), 4 (except that the reference to
16		the State shall be to the county), 5, 7, 8 (except that the
17		jurisdiction to which the tax shall be a debt to the extent
18		indicated in that Section 8 shall be the county), 9 (except as
19		to the disposition of taxes and penalties collected), 10, 11,
20		12 (except the reference therein to Section 2b of the
21		Retailers' Occupation Tax Act), 13 (except that any reference
22		to the State shall mean the county), Section 15, 16, 17, 18, 19
23		and 20 of the Service Occupation Tax Act and Section 3-7 of the
24		Uniform Penalty and Interest Act, as fully as if those
25		provisions were set forth herein.
26		Persons subject to any tax imposed under the authority

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1		granted in this subsection may reimburse themselves for their
2		serviceman's tax liability by separately stating the tax as an
3		additional charge, which charge may be stated in combination,
4		in a single amount, with State tax that servicemen are
5		authorized to collect under the Service Use Tax Act, in
6		accordance with such bracket schedules as the Department may
7		prescribe.
8		Whenever the Department determines that a refund should be
9		made under this subsection to a claimant instead of issuing a
10		credit memorandum, the Department shall notify the State
11		Comptroller, who shall cause the warrant to be drawn for the
12		amount specified, and to the person named, in the notification
13		from the Department. The refund shall be paid by the State
14		Treasurer out of the County Public Safety or Transportation
15		Retailers' Occupation Fund.
16		Nothing in this subsection shall be construed to authorize
17		the county to impose a tax upon the privilege of engaging in
18		any business which under the Constitution of the United States
19		may not be made the subject of taxation by the State.
20		(c) The Department shall immediately pay over to the State
21		Treasurer, ex officio, as trustee, all taxes and penalties
22		collected under this Section to be deposited into the County
23		Public Safety or Transportation Retailers' Occupation Tax
24		Fund, which shall be an unappropriated trust fund held outside
25		of the State treasury.
26		As soon as possible after the first day of each month,

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1		beginning January 1, 2011, upon certification of the Department
2		of Revenue, the Comptroller shall order transferred, and the
3		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
4		local sales tax increment, as defined in the Innovation
5		Development and Economy Act, collected under this Section
6		during the second preceding calendar month for sales within a
7		STAR bond district.
8		After the monthly transfer to the STAR Bonds Revenue Fund,
9		on or before the 25th day of each calendar month, the
10		Department shall prepare and certify to the Comptroller the
11		disbursement of stated sums of money to the counties from which
12		retailers have paid taxes or penalties to the Department during
13		the second preceding calendar month. The amount to be paid to
14		each county, and deposited by the county into its special fund
15		created for the purposes of this Section, shall be the amount
16		(not including credit memoranda) collected under this Section
17		during the second preceding calendar month by the Department
18		plus an amount the Department determines is necessary to offset
19		any amounts that were erroneously paid to a different taxing
20		body, and not including (i) an amount equal to the amount of
21		refunds made during the second preceding calendar month by the
22		Department on behalf of the county, (ii) any amount that the
23		Department determines is necessary to offset any amounts that
24		were payable to a different taxing body but were erroneously
25		paid to the county, and (iii) any amounts that are transferred
26		to the STAR Bonds Revenue Fund. Within 10 days after receipt by

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1		the Comptroller of the disbursement certification to the
2		counties provided for in this Section to be given to the
3		Comptroller by the Department, the Comptroller shall cause the
4		orders to be drawn for the respective amounts in accordance
5		with directions contained in the certification.
6		In addition to the disbursement required by the preceding
7		paragraph, an allocation shall be made in March of each year to
8		each county that received more than $500,000 in disbursements
9		under the preceding paragraph in the preceding calendar year.
10		The allocation shall be in an amount equal to the average
11		monthly distribution made to each such county under the
12		preceding paragraph during the preceding calendar year
13		(excluding the 2 months of highest receipts). The distribution
14		made in March of each year subsequent to the year in which an
15		allocation was made pursuant to this paragraph and the
16		preceding paragraph shall be reduced by the amount allocated
17		and disbursed under this paragraph in the preceding calendar
18		year. The Department shall prepare and certify to the
19		Comptroller for disbursement the allocations made in
20		accordance with this paragraph.
21		A county may direct, by ordinance, that all or a portion of
22		the taxes and penalties collected under the Special County
23		Retailers' Occupation Tax For Public Safety or Transportation
24		be deposited into the Transportation Development Partnership
25		Trust Fund.
26		(d) For the purpose of determining the local governmental

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1		unit whose tax is applicable, a retail sale by a producer of
2		coal or another mineral mined in Illinois is a sale at retail
3		at the place where the coal or other mineral mined in Illinois
4		is extracted from the earth. This paragraph does not apply to
5		coal or another mineral when it is delivered or shipped by the
6		seller to the purchaser at a point outside Illinois so that the
7		sale is exempt under the United States Constitution as a sale
8		in interstate or foreign commerce.
9		(e) Nothing in this Section shall be construed to authorize
10		a county to impose a tax upon the privilege of engaging in any
11		business that under the Constitution of the United States may
12		not be made the subject of taxation by this State.
13		(e-5) If a county imposes a tax under this Section, the
14		county board may, by ordinance, discontinue or lower the rate
15		of the tax. If the county board lowers the tax rate or
16		discontinues the tax, a referendum must be held in accordance
17		with subsection (a) of this Section in order to increase the
18		rate of the tax or to reimpose the discontinued tax.
19		(f) Beginning April 1, 1998 and through December 31, 2013,
20		the results of any election authorizing a proposition to impose
21		a tax under this Section or effecting a change in the rate of
22		tax, or any ordinance lowering the rate or discontinuing the
23		tax, shall be certified by the county clerk and filed with the
24		Illinois Department of Revenue either (i) on or before the
25		first day of April, whereupon the Department shall proceed to
26		administer and enforce the tax as of the first day of July next

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1		following the filing; or (ii) on or before the first day of
2		October, whereupon the Department shall proceed to administer
3		and enforce the tax as of the first day of January next
4		following the filing.
5		Beginning January 1, 2014, the results of any election
6		authorizing a proposition to impose a tax under this Section or
7		effecting an increase in the rate of tax, along with the
8		ordinance adopted to impose the tax or increase the rate of the
9		tax, or any ordinance adopted to lower the rate or discontinue
10		the tax, shall be certified by the county clerk and filed with
11		the Illinois Department of Revenue either (i) on or before the
12		first day of May, whereupon the Department shall proceed to
13		administer and enforce the tax as of the first day of July next
14		following the adoption and filing; or (ii) on or before the
15		first day of October, whereupon the Department shall proceed to
16		administer and enforce the tax as of the first day of January
17		next following the adoption and filing.
18		(g) When certifying the amount of a monthly disbursement to
19		a county under this Section, the Department shall increase or
20		decrease the amounts by an amount necessary to offset any
21		miscalculation of previous disbursements. The offset amount
22		shall be the amount erroneously disbursed within the previous 6
23		months from the time a miscalculation is discovered.
24		(h) This Section may be cited as the "Special County
25		Occupation Tax For Public Safety, Public Facilities, or
26		Transportation Law".

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1		(i) For purposes of this Section, "public safety" includes,
2		but is not limited to, crime prevention, detention, fire
3		fighting, police, medical, ambulance, or other emergency
4		services. The county may share tax proceeds received under this
5		Section for public safety purposes, including proceeds
6		received before August 4, 2009 (the effective date of Public
7		Act 96-124), with any fire protection district located in the
8		county. For the purposes of this Section, "transportation"
9		includes, but is not limited to, the construction, maintenance,
10		operation, and improvement of public highways, any other
11		purpose for which a county may expend funds under the Illinois
12		Highway Code, and passenger rail transportation. For the
13		purposes of this Section, "public facilities purposes"
14		includes, but is not limited to, the acquisition, development,
15		construction, reconstruction, rehabilitation, improvement,
16		financing, architectural planning, and installation of capital
17		facilities consisting of buildings, structures, and durable
18		equipment and for the acquisition and improvement of real
19		property and interest in real property required, or expected to
20		be required, in connection with the public facilities, for use
21		by the county for the furnishing of governmental services to
22		its citizens, including but not limited to museums and nursing
23		homes.
24		(j) The Department may promulgate rules to implement Public
25		Act 95-1002 only to the extent necessary to apply the existing
26		rules for the Special County Retailers' Occupation Tax for

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1		Public Safety to this new purpose for public facilities.
2		(Source: P.A. 98-584, eff. 8-27-13; 99-4, eff. 5-31-15; 99-217,
3		eff. 7-31-15; revised 11-6-15.)
4		(55 ILCS 5/5-1006.7)
5		Sec. 5-1006.7. School facility occupation taxes.
6		(a) In any county, a tax shall be imposed upon all persons
7		engaged in the business of selling tangible personal property,
8		other than personal property titled or registered with an
9		agency of this State's government, at retail in the county on
10		the gross receipts from the sales made in the course of
11		business to provide revenue to be used exclusively for school
12		facility purposes if a proposition for the tax has been
13		submitted to the electors of that county and approved by a
14		majority of those voting on the question as provided in
15		subsection (c). The tax under this Section shall be imposed
16		only in one-quarter percent increments and may not exceed 1%.
17		This additional tax may not be imposed on the sale of food
18		for human consumption that is to be consumed off the premises
19		where it is sold (other than alcoholic beverages, soft drinks,
20		and food that has been prepared for immediate consumption) and
21		prescription and non-prescription medicines, drugs, medical
22		appliances and insulin, urine testing materials, syringes and
23		needles used by diabetics. The Department of Revenue has full
24		power to administer and enforce this subsection, to collect all
25		taxes and penalties due under this subsection, to dispose of

HB5540 Enrolled - 392 - LRB099 16003 AMC 40320 b
1		taxes and penalties so collected in the manner provided in this
2		subsection, and to determine all rights to credit memoranda
3		arising on account of the erroneous payment of a tax or penalty
4		under this subsection. The Department shall deposit all taxes
5		and penalties collected under this subsection into a special
6		fund created for that purpose.
7		In the administration of and compliance with this
8		subsection, the Department and persons who are subject to this
9		subsection (i) have the same rights, remedies, privileges,
10		immunities, powers, and duties, (ii) are subject to the same
11		conditions, restrictions, limitations, penalties, and
12		definitions of terms, and (iii) shall employ the same modes of
13		procedure as are set forth in Sections 1 through 1o, 2 through
14		2-70 (in respect to all provisions contained in those Sections
15		other than the State rate of tax), 2a through 2h, 3 (except as
16		to the disposition of taxes and penalties collected), 4, 5, 5a,
17		5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
18		7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation
19		Tax Act and all provisions of the Uniform Penalty and Interest
20		Act as if those provisions were set forth in this subsection.
21		The certificate of registration that is issued by the
22		Department to a retailer under the Retailers' Occupation Tax
23		Act permits the retailer to engage in a business that is
24		taxable without registering separately with the Department
25		under an ordinance or resolution under this subsection.
26		Persons subject to any tax imposed under the authority

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1		granted in this subsection may reimburse themselves for their
2		seller's tax liability by separately stating that tax as an
3		additional charge, which may be stated in combination, in a
4		single amount, with State tax that sellers are required to
5		collect under the Use Tax Act, pursuant to any bracketed
6		schedules set forth by the Department.
7		(b) If a tax has been imposed under subsection (a), then a
8		service occupation tax must also be imposed at the same rate
9		upon all persons engaged, in the county, in the business of
10		making sales of service, who, as an incident to making those
11		sales of service, transfer tangible personal property within
12		the county as an incident to a sale of service.
13		This tax may not be imposed on sales of food for human
14		consumption that is to be consumed off the premises where it is
15		sold (other than alcoholic beverages, soft drinks, and food
16		prepared for immediate consumption) and prescription and
17		non-prescription medicines, drugs, medical appliances and
18		insulin, urine testing materials, syringes, and needles used by
19		diabetics.
20		The tax imposed under this subsection and all civil
21		penalties that may be assessed as an incident thereof shall be
22		collected and enforced by the Department and deposited into a
23		special fund created for that purpose. The Department has full
24		power to administer and enforce this subsection, to collect all
25		taxes and penalties due under this subsection, to dispose of
26		taxes and penalties so collected in the manner provided in this

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1		subsection, and to determine all rights to credit memoranda
2		arising on account of the erroneous payment of a tax or penalty
3		under this subsection.
4		In the administration of and compliance with this
5		subsection, the Department and persons who are subject to this
6		subsection shall (i) have the same rights, remedies,
7		privileges, immunities, powers and duties, (ii) be subject to
8		the same conditions, restrictions, limitations, penalties and
9		definition of terms, and (iii) employ the same modes of
10		procedure as are set forth in Sections 2 (except that that
11		reference to State in the definition of supplier maintaining a
12		place of business in this State means the county), 2a through
13		2d, 3 through 3-50 (in respect to all provisions contained in
14		those Sections other than the State rate of tax), 4 (except
15		that the reference to the State shall be to the county), 5, 7,
16		8 (except that the jurisdiction to which the tax is a debt to
17		the extent indicated in that Section 8 is the county), 9
18		(except as to the disposition of taxes and penalties
19		collected), 10, 11, 12 (except the reference therein to Section
20		2b of the Retailers' Occupation Tax Act), 13 (except that any
21		reference to the State means the county), Section 15, 16, 17,
22		18, 19, and 20 of the Service Occupation Tax Act and all
23		provisions of the Uniform Penalty and Interest Act, as fully as
24		if those provisions were set forth herein.
25		Persons subject to any tax imposed under the authority
26		granted in this subsection may reimburse themselves for their

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1		serviceman's tax liability by separately stating the tax as an
2		additional charge, which may be stated in combination, in a
3		single amount, with State tax that servicemen are authorized to
4		collect under the Service Use Tax Act, pursuant to any
5		bracketed schedules set forth by the Department.
6		(c) The tax under this Section may not be imposed until the
7		question of imposing the tax has been submitted to the electors
8		of the county at a regular election and approved by a majority
9		of the electors voting on the question. For all regular
10		elections held prior to August 23, 2011 (the effective date of
11		Public Act 97-542) this amendatory Act of the 97th General
12		Assembly, upon a resolution by the county board or a resolution
13		by school district boards that represent at least 51% of the
14		student enrollment within the county, the county board must
15		certify the question to the proper election authority in
16		accordance with the Election Code.
17		For all regular elections held prior to August 23, 2011
18		(the effective date of Public Act 97-542) this amendatory Act
19		of the 97th General Assembly, the election authority must
20		submit the question in substantially the following form:
21		Shall (name of county) be authorized to impose a
22		retailers' occupation tax and a service occupation tax
23		(commonly referred to as a "sales tax") at a rate of
24		(insert rate) to be used exclusively for school facility
25		purposes?
26		The election authority must record the votes as "Yes" or "No".

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1		If a majority of the electors voting on the question vote
2		in the affirmative, then the county may, thereafter, impose the
3		tax.
4		For all regular elections held on or after August 23, 2011
5		(the effective date of Public Act 97-542) this amendatory Act
6		of the 97th General Assembly, the regional superintendent of
7		schools for the county must, upon receipt of a resolution or
8		resolutions of school district boards that represent more than
9		50% of the student enrollment within the county, certify the
10		question to the proper election authority for submission to the
11		electors of the county at the next regular election at which
12		the question lawfully may be submitted to the electors, all in
13		accordance with the Election Code.
14		For all regular elections held on or after August 23, 2011
15		(the effective date of Public Act 97-542) this amendatory Act
16		of the 97th General Assembly, the election authority must
17		submit the question in substantially the following form:
18		Shall a retailers' occupation tax and a service
19		occupation tax (commonly referred to as a "sales tax") be
20		imposed in (name of county) at a rate of (insert rate) to
21		be used exclusively for school facility purposes?
22		The election authority must record the votes as "Yes" or "No".
23		If a majority of the electors voting on the question vote
24		in the affirmative, then the tax shall be imposed at the rate
25		set forth in the question.
26		For the purposes of this subsection (c), "enrollment" means

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1		the head count of the students residing in the county on the
2		last school day of September of each year, which must be
3		reported on the Illinois State Board of Education Public School
4		Fall Enrollment/Housing Report.
5		(d) The Department shall immediately pay over to the State
6		Treasurer, ex officio, as trustee, all taxes and penalties
7		collected under this Section to be deposited into the School
8		Facility Occupation Tax Fund, which shall be an unappropriated
9		trust fund held outside the State treasury.
10		On or before the 25th day of each calendar month, the
11		Department shall prepare and certify to the Comptroller the
12		disbursement of stated sums of money to the regional
13		superintendents of schools in counties from which retailers or
14		servicemen have paid taxes or penalties to the Department
15		during the second preceding calendar month. The amount to be
16		paid to each regional superintendent of schools and disbursed
17		to him or her in accordance with Section 3-14.31 of the School
18		Code, is equal to the amount (not including credit memoranda)
19		collected from the county under this Section during the second
20		preceding calendar month by the Department, (i) less 2% of that
21		amount, which shall be deposited into the Tax Compliance and
22		Administration Fund and shall be used by the Department,
23		subject to appropriation, to cover the costs of the Department
24		in administering and enforcing the provisions of this Section,
25		on behalf of the county, (ii) plus an amount that the
26		Department determines is necessary to offset any amounts that

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1		were erroneously paid to a different taxing body; (iii) less an
2		amount equal to the amount of refunds made during the second
3		preceding calendar month by the Department on behalf of the
4		county; and (iv) less any amount that the Department determines
5		is necessary to offset any amounts that were payable to a
6		different taxing body but were erroneously paid to the county.
7		When certifying the amount of a monthly disbursement to a
8		regional superintendent of schools under this Section, the
9		Department shall increase or decrease the amounts by an amount
10		necessary to offset any miscalculation of previous
11		disbursements within the previous 6 months from the time a
12		miscalculation is discovered.
13		Within 10 days after receipt by the Comptroller from the
14		Department of the disbursement certification to the regional
15		superintendents of the schools provided for in this Section,
16		the Comptroller shall cause the orders to be drawn for the
17		respective amounts in accordance with directions contained in
18		the certification.
19		If the Department determines that a refund should be made
20		under this Section to a claimant instead of issuing a credit
21		memorandum, then the Department shall notify the Comptroller,
22		who shall cause the order to be drawn for the amount specified
23		and to the person named in the notification from the
24		Department. The refund shall be paid by the Treasurer out of
25		the School Facility Occupation Tax Fund.
26		(e) For the purposes of determining the local governmental

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1		unit whose tax is applicable, a retail sale by a producer of
2		coal or another mineral mined in Illinois is a sale at retail
3		at the place where the coal or other mineral mined in Illinois
4		is extracted from the earth. This subsection does not apply to
5		coal or another mineral when it is delivered or shipped by the
6		seller to the purchaser at a point outside Illinois so that the
7		sale is exempt under the United States Constitution as a sale
8		in interstate or foreign commerce.
9		(f) Nothing in this Section may be construed to authorize a
10		tax to be imposed upon the privilege of engaging in any
11		business that under the Constitution of the United States may
12		not be made the subject of taxation by this State.
13		(g) If a county board imposes a tax under this Section
14		pursuant to a referendum held before August 23, 2011 (the
15		effective date of Public Act 97-542) this amendatory Act of the
16		97th General Assembly at a rate below the rate set forth in the
17		question approved by a majority of electors of that county
18		voting on the question as provided in subsection (c), then the
19		county board may, by ordinance, increase the rate of the tax up
20		to the rate set forth in the question approved by a majority of
21		electors of that county voting on the question as provided in
22		subsection (c). If a county board imposes a tax under this
23		Section pursuant to a referendum held before August 23, 2011
24		(the effective date of Public Act 97-542) this amendatory Act
25		of the 97th General Assembly, then the board may, by ordinance,
26		discontinue or reduce the rate of the tax. If a tax is imposed

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1		under this Section pursuant to a referendum held on or after
2		August 23, 2011 (the effective date of Public Act 97-542) this
3		amendatory Act of the 97th General Assembly, then the county
4		board may reduce or discontinue the tax, but only in accordance
5		with subsection (h-5) of this Section. If, however, a school
6		board issues bonds that are secured by the proceeds of the tax
7		under this Section, then the county board may not reduce the
8		tax rate or discontinue the tax if that rate reduction or
9		discontinuance would adversely affect the school board's
10		ability to pay the principal and interest on those bonds as
11		they become due or necessitate the extension of additional
12		property taxes to pay the principal and interest on those
13		bonds. If the county board reduces the tax rate or discontinues
14		the tax, then a referendum must be held in accordance with
15		subsection (c) of this Section in order to increase the rate of
16		the tax or to reimpose the discontinued tax.
17		Until January 1, 2014, the results of any election that
18		imposes, reduces, or discontinues a tax under this Section must
19		be certified by the election authority, and any ordinance that
20		increases or lowers the rate or discontinues the tax must be
21		certified by the county clerk and, in each case, filed with the
22		Illinois Department of Revenue either (i) on or before the
23		first day of April, whereupon the Department shall proceed to
24		administer and enforce the tax or change in the rate as of the
25		first day of July next following the filing; or (ii) on or
26		before the first day of October, whereupon the Department shall

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1		proceed to administer and enforce the tax or change in the rate
2		as of the first day of January next following the filing.
3		Beginning January 1, 2014, the results of any election that
4		imposes, reduces, or discontinues a tax under this Section must
5		be certified by the election authority, and any ordinance that
6		increases or lowers the rate or discontinues the tax must be
7		certified by the county clerk and, in each case, filed with the
8		Illinois Department of Revenue either (i) on or before the
9		first day of May, whereupon the Department shall proceed to
10		administer and enforce the tax or change in the rate as of the
11		first day of July next following the filing; or (ii) on or
12		before the first day of October, whereupon the Department shall
13		proceed to administer and enforce the tax or change in the rate
14		as of the first day of January next following the filing.
15		(h) For purposes of this Section, "school facility
16		purposes" means (i) the acquisition, development,
17		construction, reconstruction, rehabilitation, improvement,
18		financing, architectural planning, and installation of capital
19		facilities consisting of buildings, structures, and durable
20		equipment and for the acquisition and improvement of real
21		property and interest in real property required, or expected to
22		be required, in connection with the capital facilities and (ii)
23		the payment of bonds or other obligations heretofore or
24		hereafter issued, including bonds or other obligations
25		heretofore or hereafter issued to refund or to continue to
26		refund bonds or other obligations issued, for school facility

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1		purposes, provided that the taxes levied to pay those bonds are
2		abated by the amount of the taxes imposed under this Section
3		that are used to pay those bonds. "School-facility purposes"
4		also includes fire prevention, safety, energy conservation,
5		accessibility, school security, and specified repair purposes
6		set forth under Section 17-2.11 of the School Code.
7		(h-5) A county board in a county where a tax has been
8		imposed under this Section pursuant to a referendum held on or
9		after August 23, 2011 (the effective date of Public Act 97-542)
10		this amendatory Act of the 97th General Assembly may, by
11		ordinance or resolution, submit to the voters of the county the
12		question of reducing or discontinuing the tax. In the ordinance
13		or resolution, the county board shall certify the question to
14		the proper election authority in accordance with the Election
15		Code. The election authority must submit the question in
16		substantially the following form:
17		Shall the school facility retailers' occupation tax
18		and service occupation tax (commonly referred to as the
19		"school facility sales tax") currently imposed in (name of
20		county) at a rate of (insert rate) be (reduced to (insert
21		rate))(discontinued)?
22		If a majority of the electors voting on the question vote in
23		the affirmative, then, subject to the provisions of subsection
24		(g) of this Section, the tax shall be reduced or discontinued
25		as set forth in the question.
26		(i) This Section does not apply to Cook County.

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1		(j) This Section may be cited as the County School Facility
2		Occupation Tax Law.
3		(Source: P.A. 98-584, eff. 8-27-13; 99-143, eff. 7-27-15;
4		99-217, eff. 7-31-15; revised 11-6-15.)
5		(55 ILCS 5/5-12020)
6		Sec. 5-12020. Wind farms. Notwithstanding any other
7		provision of law, a county may establish standards for wind
8		farms and electric-generating wind devices. The standards may
9		include, without limitation, the height of the devices and the
10		number of devices that may be located within a geographic area.
11		A county may also regulate the siting of wind farms and
12		electric-generating wind devices in unincorporated areas of
13		the county outside of the zoning jurisdiction of a municipality
14		and the 1.5 mile radius surrounding the zoning jurisdiction of
15		a municipality. There shall be at least one public hearing not
16		more than 30 days prior to a siting decision by the county
17		board. Notice of the hearing shall be published in a newspaper
18		of general circulation in the county. A commercial wind energy
19		facility owner, as defined in the Wind Energy Facilities
20		Agricultural Impact Mitigation Act, must enter into an
21		agricultural impact mitigation agreement with the Department
22		of Agriculture prior to the date of the required public
23		hearing. A commercial wind energy facility owner seeking an
24		extension of a permit granted by a county prior to July 24,
25		2015 (the effective date of Public Act 99-132) this amendatory

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1		Act of the 99th General Assembly must enter into an
2		agricultural impact mitigation agreement with the Department
3		of Agriculture prior to a decision by the county to grant the
4		permit extension. Counties may allow test wind towers to be
5		sited without formal approval by the county board. Any
6		provision of a county zoning ordinance pertaining to wind farms
7		that is in effect before August 16, 2007 (the effective date of
8		Public Act 95-203) this amendatory Act of the 95th General
9		Assembly may continue in effect notwithstanding any
10		requirements of this Section.
11		A county may not require a wind tower or other renewable
12		energy system that is used exclusively by an end user to be
13		setback more than 1.1 times the height of the renewable energy
14		system from the end user's property line.
15		(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
16		revised 11-6-15.)
17		(55 ILCS 5/6-1003) (from Ch. 34, par. 6-1003)
18		Sec. 6-1003. Further appropriations barred; transfers.
19		After the adoption of the county budget, no further
20		appropriations shall be made at any other time during such
21		fiscal year, except as provided in this Division.
22		Appropriations in excess of those authorized by the budget in
23		order to meet an immediate emergency may be made at any meeting
24		of the board by a two-thirds vote of all the members
25		constituting such board, the vote to be taken by ayes and nays

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1		and entered on the record of the meeting. After the adoption of
2		the county budget, transfers of appropriations may be made
3		without a vote of the board; however, transfers of
4		appropriations affecting personnel and capital may be made at
5		any meeting of the board by a two-thirds vote of all the
6		members constituting such board, the vote to be taken by ayes
7		and nays and entered on the record of the meeting, provided for
8		any type of transfer that the total amount appropriated for the
9		fund is not affected.
10		(Source: P.A. 99-356, eff. 8-13-15; revised 11-9-15.)
11		Section 210. The County Economic Development Project Area
12		Property Tax Allocation Act is amended by changing Section 10
13		as follows:
14		(55 ILCS 85/10) (from Ch. 34, par. 7010)
15		Sec. 10. Conflicts of interests, disclosure. If any member
16		of the corporate authorities of a county, or any employee or
17		consultant of the county involved in the planning, analysis,
18		preparation or administration of an economic development plan
19		or an economic development project, or any proposed economic
20		development plan or any proposed economic development project,
21		owns or controls any interest, direct or indirect, in any
22		property included in any economic development project area or
23		proposed economic development project area, he or she shall
24		disclose the same in writing to the county clerk, which

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1		disclosure shall include the dates, terms and conditions of any
2		disposition of any such interest. The disclosures shall be
3		acknowledged by the corporate authorities of the county and
4		entered upon the official records and files of the corporate
5		authorities. Any such individual holding any such interest
6		shall refrain from any further official involvement regarding
7		such established or proposed economic development project
8		area, economic development plan or economic development
9		project, and shall also refrain from form voting on any matter
10		pertaining to that project, plan or area and from communicating
11		with any members of the corporate authorities of the county and
12		no employee of the county shall acquire any interest, direct or
13		indirect, in any real or personal property or rights or
14		interest therein within an economic development project area or
15		a proposed economic development project area after that person
16		obtains knowledge of the project, plan or area or after the
17		first public notice of the project, plan or area is given by
18		the county, whichever shall first occur.
19		(Source: P.A. 86-1388; revised 11-9-15.)
20		Section 215. The Illinois Municipal Code is amended by
21		changing Sections 8-11-1.6 and 11-13-26 as follows:
22		(65 ILCS 5/8-11-1.6)
23		Sec. 8-11-1.6. Non-home rule municipal retailers
24		occupation tax; municipalities between 20,000 and 25,000. The

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1		corporate authorities of a non-home rule municipality with a
2		population of more than 20,000 but less than 25,000 that has,
3		prior to January 1, 1987, established a Redevelopment Project
4		Area that has been certified as a State Sales Tax Boundary and
5		has issued bonds or otherwise incurred indebtedness to pay for
6		costs in excess of $5,000,000, which is secured in part by a
7		tax increment allocation fund, in accordance with the
8		provisions of Division 11-74.4 of this Code may, by passage of
9		an ordinance, impose a tax upon all persons engaged in the
10		business of selling tangible personal property, other than on
11		an item of tangible personal property that is titled and
12		registered by an agency of this State's Government, at retail
13		in the municipality. This tax may not be imposed on the sales
14		of food for human consumption that is to be consumed off the
15		premises where it is sold (other than alcoholic beverages, soft
16		drinks, and food that has been prepared for immediate
17		consumption) and prescription and nonprescription medicines,
18		drugs, medical appliances and insulin, urine testing
19		materials, syringes, and needles used by diabetics. If imposed,
20		the tax shall only be imposed in .25% increments of the gross
21		receipts from such sales made in the course of business. Any
22		tax imposed by a municipality under this Section Sec. and all
23		civil penalties that may be assessed as an incident thereof
24		shall be collected and enforced by the State Department of
25		Revenue. An ordinance imposing a tax hereunder or effecting a
26		change in the rate thereof shall be adopted and a certified

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1		copy thereof filed with the Department on or before the first
2		day of October, whereupon the Department shall proceed to
3		administer and enforce this Section as of the first day of
4		January next following such adoption and filing. The
5		certificate of registration that is issued by the Department to
6		a retailer under the Retailers' Occupation Tax Act shall permit
7		the retailer to engage in a business that is taxable under any
8		ordinance or resolution enacted under this Section without
9		registering separately with the Department under the ordinance
10		or resolution or under this Section. The Department shall have
11		full power to administer and enforce this Section, to collect
12		all taxes and penalties due hereunder, to dispose of taxes and
13		penalties so collected in the manner hereinafter provided, and
14		to determine all rights to credit memoranda, arising on account
15		of the erroneous payment of tax or penalty hereunder. In the
16		administration of, and compliance with this Section, the
17		Department and persons who are subject to this Section shall
18		have the same rights, remedies, privileges, immunities,
19		powers, and duties, and be subject to the same conditions,
20		restrictions, limitations, penalties, and definitions of
21		terms, and employ the same modes of procedure, as are
22		prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2
23		through 2-65 (in respect to all provisions therein other than
24		the State rate of tax), 2c, 3 (except as to the disposition of
25		taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
26		5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12

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1		and 13 of the Retailers' Occupation Tax Act and Section 3-7 of
2		the Uniform Penalty and Interest Act as fully as if those
3		provisions were set forth herein.
4		A tax may not be imposed by a municipality under this
5		Section unless the municipality also imposes a tax at the same
6		rate under Section 8-11-1.7 of this Act.
7		Persons subject to any tax imposed under the authority
8		granted in this Section, may reimburse themselves for their
9		seller's tax liability hereunder by separately stating the tax
10		as an additional charge, which charge may be stated in
11		combination, in a single amount, with State tax which sellers
12		are required to collect under the Use Tax Act, pursuant to such
13		bracket schedules as the Department may prescribe.
14		Whenever the Department determines that a refund should be
15		made under this Section to a claimant, instead of issuing a
16		credit memorandum, the Department shall notify the State
17		Comptroller, who shall cause the order to be drawn for the
18		amount specified, and to the person named in the notification
19		from the Department. The refund shall be paid by the State
20		Treasurer out of the Non-Home Rule Municipal Retailers'
21		Occupation Tax Fund, which is hereby created.
22		The Department shall forthwith pay over to the State
23		Treasurer, ex officio, as trustee, all taxes and penalties
24		collected hereunder.
25		As soon as possible after the first day of each month,
26		beginning January 1, 2011, upon certification of the Department

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1		of Revenue, the Comptroller shall order transferred, and the
2		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
3		local sales tax increment, as defined in the Innovation
4		Development and Economy Act, collected under this Section
5		during the second preceding calendar month for sales within a
6		STAR bond district.
7		After the monthly transfer to the STAR Bonds Revenue Fund,
8		on or before the 25th day of each calendar month, the
9		Department shall prepare and certify to the Comptroller the
10		disbursement of stated sums of money to named municipalities,
11		the municipalities to be those from which retailers have paid
12		taxes or penalties hereunder to the Department during the
13		second preceding calendar month. The amount to be paid to each
14		municipality shall be the amount (not including credit
15		memoranda) collected hereunder during the second preceding
16		calendar month by the Department plus an amount the Department
17		determines is necessary to offset any amounts that were
18		erroneously paid to a different taxing body, and not including
19		an amount equal to the amount of refunds made during the second
20		preceding calendar month by the Department on behalf of the
21		municipality, and not including any amount that the Department
22		determines is necessary to offset any amounts that were payable
23		to a different taxing body but were erroneously paid to the
24		municipality, and not including any amounts that are
25		transferred to the STAR Bonds Revenue Fund. Within 10 days
26		after receipt by the Comptroller of the disbursement

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1		certification to the municipalities provided for in this
2		Section to be given to the Comptroller by the Department, the
3		Comptroller shall cause the orders to be drawn for the
4		respective amounts in accordance with the directions contained
5		in the certification.
6		For the purpose of determining the local governmental unit
7		whose tax is applicable, a retail sale by a producer of coal or
8		other mineral mined in Illinois is a sale at retail at the
9		place where the coal or other mineral mined in Illinois is
10		extracted from the earth. This paragraph does not apply to coal
11		or other mineral when it is delivered or shipped by the seller
12		to the purchaser at a point outside Illinois so that the sale
13		is exempt under the federal Constitution as a sale in
14		interstate or foreign commerce.
15		Nothing in this Section shall be construed to authorize a
16		municipality to impose a tax upon the privilege of engaging in
17		any business which under the constitution of the United States
18		may not be made the subject of taxation by this State.
19		When certifying the amount of a monthly disbursement to a
20		municipality under this Section, the Department shall increase
21		or decrease the amount by an amount necessary to offset any
22		misallocation of previous disbursements. The offset amount
23		shall be the amount erroneously disbursed within the previous 6
24		months from the time a misallocation is discovered.
25		As used in this Section, "municipal" and "municipality"
26		means a city, village, or incorporated town, including an

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1		incorporated town that has superseded a civil township.
2		(Source: P.A. 99-217, eff. 7-31-15; revised 11-9-15.)
3		(65 ILCS 5/11-13-26)
4		Sec. 11-13-26. Wind farms. Notwithstanding any other
5		provision of law:
6		(a) A municipality may regulate wind farms and
7		electric-generating wind devices within its zoning
8		jurisdiction and within the 1.5 mile radius surrounding its
9		zoning jurisdiction. There shall be at least one public hearing
10		not more than 30 days prior to a siting decision by the
11		corporate authorities of a municipality. Notice of the hearing
12		shall be published in a newspaper of general circulation in the
13		municipality. A commercial wind energy facility owner, as
14		defined in the Wind Energy Facilities Agricultural Impact
15		Mitigation Act, must enter into an agricultural impact
16		mitigation agreement with the Department of Agriculture prior
17		to the date of the required public hearing. A commercial wind
18		energy facility owner seeking an extension of a permit granted
19		by a municipality prior to July 24, 2015 (the effective date of
20		Public Act 99-132) this amendatory Act of the 99th General
21		Assembly must enter into an agricultural impact mitigation
22		agreement with the Department of Agriculture prior to a
23		decision by the municipality to grant the permit extension. A
24		municipality may allow test wind towers to be sited without
25		formal approval by the corporate authorities of the

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1		municipality. Test wind towers must be dismantled within 3
2		years of installation. For the purposes of this Section, "test
3		wind towers" are wind towers that are designed solely to
4		collect wind generation data.
5		(b) A municipality may not require a wind tower or other
6		renewable energy system that is used exclusively by an end user
7		to be setback more than 1.1 times the height of the renewable
8		energy system from the end user's property line. A setback
9		requirement imposed by a municipality on a renewable energy
10		system may not be more restrictive than as provided under this
11		subsection. This subsection is a limitation of home rule powers
12		and functions under subsection (i) of Section 6 of Article VII
13		of the Illinois Constitution on the concurrent exercise by home
14		rule units of powers and functions exercised by the State.
15		(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;
16		revised 11-6-15.)
17		Section 220. The Civic Center Code is amended by changing
18		Sections 170-50 and 240-50 as follows:
19		(70 ILCS 200/170-50)
20		Sec. 170-50. Contracts. All contracts for sale of property
21		of the value of more than $10,000 or for a an concession in or
22		lease of property, including air rights, of the Authority for a
23		term of more than one year shall be awarded to the highest
24		responsible bidder, after advertising for bids. All

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1		construction contracts and contracts for supplies, materials,
2		equipment and services, when the expense thereof will exceed
3		$10,000, shall be let to the lowest responsible bidder, after
4		advertising for bids, excepting (1) when repair parts,
5		accessories, equipment or services are required for equipment
6		or services previously furnished or contracted for; (2) when
7		the nature of the services required is such that competitive
8		bidding is not in the best interest of the public, including,
9		without limiting the generality of the foregoing, the services
10		of accountants, architects, attorneys, engineers, physicians,
11		superintendents of construction, and others possessing a high
12		degree of skill; and (3) when services such as water, light,
13		heat, power, telephone or telegraph are required.
14		All contracts involving less than $10,000 shall be let by
15		competitive bidding to the lowest responsible bidder whenever
16		possible, and in any event in a manner calculated to ensure the
17		best interests of the public.
18		In determining the responsibility of any bidder, the Board
19		may take into account the past record of dealings with the
20		bidder, the bidder's experience, adequacy of equipment, and
21		ability to complete performance within the time set, and other
22		factors besides financial responsibility, but in no case shall
23		any such contracts be awarded to any other than the highest
24		bidder (in case of sale, concession or lease) or the lowest
25		bidder (in case of purchase or expenditure) unless authorized
26		or approved by a vote of at least three-fourths of the members

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1		of the Board, and unless such action is accompanied by a
2		statement in writing setting forth the reasons for not awarding
3		the contract to the highest or lowest bidder, as the case may
4		be, which statement shall be kept on file in the principal
5		office of the Authority and open to public inspection.
6		From the group of responsible bidders the lowest bidder
7		shall be selected in the following manner: to all bids for
8		sales the gross receipts of which are not taxable under the
9		Retailers' Occupation Tax Act, there shall be added an amount
10		equal to the tax which would be payable under said Act, if
11		applicable, and the lowest in amount of said adjusted bids and
12		bids for sales the gross receipts of which are taxable under
13		said Act shall be considered the lowest bid; provided, that, if
14		said lowest bid relates to a sale not taxable under said Act,
15		any contract entered into thereon shall be in the amount of the
16		original bid not adjusted as aforesaid.
17		Contracts shall not be split into parts involving
18		expenditures of less than $10,000 for the purposes of avoiding
19		the provisions of this Section, and all such split contracts
20		shall be void. If any collusion occurs among bidders or
21		prospective bidders in restraint of freedom of competition, by
22		agreement to bid a fixed amount or to refrain from bidding or
23		otherwise, the bids of such bidders shall be void. Each bidder
24		shall accompany his bid with a sworn statement that he has not
25		been a party to any such agreement.
26		Members of the Board, officers and employees of the

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1		Authority, and their relatives within the fourth degree of
2		consanguinity by the terms of the civil law, are forbidden to
3		be interested directly or indirectly in any contract for
4		construction or maintenance work or for the delivery of
5		materials, supplies or equipment.
6		The Board shall have the right to reject all bids and to
7		readvertise for bids. If after any such advertisement no
8		responsible and satisfactory bid, within the terms of the
9		advertisement, shall be received, the Board may award such
10		contract, without competitive bidding, provided that it shall
11		not be less advantageous to the Authority than any valid bid
12		received pursuant to advertisement.
13		The Board shall adopt rules and regulations to carry into
14		effect the provisions of this Section.
15		(Source: P.A. 93-491, eff. 1-1-04; revised 10-13-15.)
16		(70 ILCS 200/240-50)
17		Sec. 240-50. Contracts. All contracts for sale of property
18		of the value of more than $10,000 or for a an concession in or
19		lease of property including air rights, of the Authority for a
20		term of more than one year shall be awarded to the highest
21		responsible bidder, after advertising for bids. All
22		construction contracts and contracts for supplies, materials,
23		equipment and services, when the expense thereof will exceed
24		$10,000, shall be let to the lowest responsible bidder, after
25		advertising for bids, excepting (1) when repair parts,

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1		accessories, equipment or services are required for equipment
2		or services previously furnished or contracted for; (2) when
3		the nature of the services required is such that competitive
4		bidding is not in the best interest of the public, including,
5		without limiting the generality of the foregoing, the services
6		of accountants, architects, attorneys, engineers, physicians,
7		superintendents of construction, and others possessing a high
8		degree of skill; and (3) when services such as water, light,
9		heat, power, telephone or telegraph are required.
10		All contracts involving less than $10,000 shall be let by
11		competitive bidding to the lowest responsible bidder whenever
12		possible, and in any event in a manner calculated to ensure the
13		best interests of the public.
14		In determining the responsibility of any bidder, the Board
15		may take in account the past record of dealings with the
16		bidder, experience, adequacy of equipment, ability to complete
17		performance within the time set, and other factors besides
18		financial responsibility, but in no case shall any such
19		contracts be awarded to any other than the highest bidder (in
20		case of sale, concession or lease) or the lowest bidder (in
21		case of purchase or expenditure) unless authorized or approved
22		by the affirmative vote of at least 6 of the members of the
23		Board present at a meeting at which a quorum is present, and
24		unless such action is accompanied by a statement in writing
25		setting forth the reasons for not awarding the contract to the
26		highest or lowest bidder, as the case may be, which statement

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1		shall be kept on file in the principal office of the Authority
2		and open to public inspection.
3		From the group of responsible bidders the lowest bidder
4		shall be selected in the following manner: to all bids for
5		sales the gross receipts of which are not taxable under the
6		Retailers' Occupation Tax Act, there shall be added an amount
7		equal to the tax which would be payable under said Act, if
8		applicable, and the lowest in amount of said adjusted bids and
9		bids for sales the gross receipts of which are taxable under
10		said Act shall be considered the lowest bid; provided, that, if
11		said lowest bid relates to a sale not taxable under said Act,
12		any contract entered into thereon shall be in the amount of the
13		original bid not adjusted as aforesaid.
14		Contracts shall not be split into parts involving
15		expenditures of less than $10,000 for the purposes of avoiding
16		the provisions of this Section, and all such split contracts
17		shall be void. If any collusion occurs among bidders or
18		prospective bidders in restraint of freedom of competition, by
19		agreement to bid a fixed amount or to refrain from bidding or
20		otherwise, the bids of such bidders shall be void. Each bidder
21		shall accompany his bid with a sworn statement that he has not
22		been a party to any such agreement.
23		Members of the Board, officers and employees of the
24		Authority, and their relatives within the fourth degree of
25		consanguinity by the terms of the civil law, are forbidden to
26		be interested directly or indirectly in any contract for

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1		construction or maintenance work or for the delivery of
2		materials, supplies or equipment.
3		The Board shall have the right to reject all bids and to
4		readvertise for bids. If after any such advertisement no
5		responsible and satisfactory bid, within the terms of the
6		advertisement, shall be received, the Board may award such
7		contract, without competitive bidding, provided that it shall
8		not be less advantageous to the Authority than any valid bid
9		received pursuant to advertisement.
10		The Board shall adopt rules and regulations to carry into
11		effect the provisions of this Section.
12		(Source: P.A. 93-491, eff. 1-1-04; revised 10-13-15.)
13		Section 225. The Flood Prevention District Act is amended
14		by changing Section 25 as follows:
15		(70 ILCS 750/25)
16		Sec. 25. Flood prevention retailers' and service
17		occupation taxes.
18		(a) If the Board of Commissioners of a flood prevention
19		district determines that an emergency situation exists
20		regarding levee repair or flood prevention, and upon an
21		ordinance confirming the determination adopted by the
22		affirmative vote of a majority of the members of the county
23		board of the county in which the district is situated, the
24		county may impose a flood prevention retailers' occupation tax

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1		upon all persons engaged in the business of selling tangible
2		personal property at retail within the territory of the
3		district to provide revenue to pay the costs of providing
4		emergency levee repair and flood prevention and to secure the
5		payment of bonds, notes, and other evidences of indebtedness
6		issued under this Act for a period not to exceed 25 years or as
7		required to repay the bonds, notes, and other evidences of
8		indebtedness issued under this Act. The tax rate shall be 0.25%
9		of the gross receipts from all taxable sales made in the course
10		of that business. The tax imposed under this Section and all
11		civil penalties that may be assessed as an incident thereof
12		shall be collected and enforced by the State Department of
13		Revenue. The Department shall have full power to administer and
14		enforce this Section; to collect all taxes and penalties so
15		collected in the manner hereinafter provided; and to determine
16		all rights to credit memoranda arising on account of the
17		erroneous payment of tax or penalty hereunder.
18		In the administration of and compliance with this
19		subsection, the Department and persons who are subject to this
20		subsection (i) have the same rights, remedies, privileges,
21		immunities, powers, and duties, (ii) are subject to the same
22		conditions, restrictions, limitations, penalties, and
23		definitions of terms, and (iii) shall employ the same modes of
24		procedure as are set forth in Sections 1 through 1o, 2 through
25		2-70 (in respect to all provisions contained in those Sections
26		other than the State rate of tax), 2a through 2h, 3 (except as

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1		to the disposition of taxes and penalties collected), 4, 5, 5a,
2		5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9,
3		10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act
4		and all provisions of the Uniform Penalty and Interest Act as
5		if those provisions were set forth in this subsection.
6		Persons subject to any tax imposed under this Section may
7		reimburse themselves for their seller's tax liability
8		hereunder by separately stating the tax as an additional
9		charge, which charge may be stated in combination in a single
10		amount with State taxes that sellers are required to collect
11		under the Use Tax Act, under any bracket schedules the
12		Department may prescribe.
13		If a tax is imposed under this subsection (a), a tax shall
14		also be imposed under subsection (b) of this Section.
15		(b) If a tax has been imposed under subsection (a), a flood
16		prevention service occupation tax shall also be imposed upon
17		all persons engaged within the territory of the district in the
18		business of making sales of service, who, as an incident to
19		making the sales of service, transfer tangible personal
20		property, either in the form of tangible personal property or
21		in the form of real estate as an incident to a sale of service
22		to provide revenue to pay the costs of providing emergency
23		levee repair and flood prevention and to secure the payment of
24		bonds, notes, and other evidences of indebtedness issued under
25		this Act for a period not to exceed 25 years or as required to
26		repay the bonds, notes, and other evidences of indebtedness.

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1		The tax rate shall be 0.25% of the selling price of all
2		tangible personal property transferred.
3		The tax imposed under this subsection and all civil
4		penalties that may be assessed as an incident thereof shall be
5		collected and enforced by the State Department of Revenue. The
6		Department shall have full power to administer and enforce this
7		subsection; to collect all taxes and penalties due hereunder;
8		to dispose of taxes and penalties collected in the manner
9		hereinafter provided; and to determine all rights to credit
10		memoranda arising on account of the erroneous payment of tax or
11		penalty hereunder.
12		In the administration of and compliance with this
13		subsection, the Department and persons who are subject to this
14		subsection shall (i) have the same rights, remedies,
15		privileges, immunities, powers, and duties, (ii) be subject to
16		the same conditions, restrictions, limitations, penalties, and
17		definitions of terms, and (iii) employ the same modes of
18		procedure as are set forth in Sections 2 (except that the
19		reference to State in the definition of supplier maintaining a
20		place of business in this State means the district), 2a through
21		2d, 3 through 3-50 (in respect to all provisions contained in
22		those Sections other than the State rate of tax), 4 (except
23		that the reference to the State shall be to the district), 5,
24		7, 8 (except that the jurisdiction to which the tax is a debt
25		to the extent indicated in that Section 8 is the district), 9
26		(except as to the disposition of taxes and penalties

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1		collected), 10, 11, 12 (except the reference therein to Section
2		2b of the Retailers' Occupation Tax Act), 13 (except that any
3		reference to the State means the district), Section 15, 16, 17,
4		18, 19, and 20 of the Service Occupation Tax Act and all
5		provisions of the Uniform Penalty and Interest Act, as fully as
6		if those provisions were set forth herein.
7		Persons subject to any tax imposed under the authority
8		granted in this subsection may reimburse themselves for their
9		serviceman's tax liability hereunder by separately stating the
10		tax as an additional charge, that charge may be stated in
11		combination in a single amount with State tax that servicemen
12		are authorized to collect under the Service Use Tax Act, under
13		any bracket schedules the Department may prescribe.
14		(c) The taxes imposed in subsections (a) and (b) may not be
15		imposed on personal property titled or registered with an
16		agency of the State; food for human consumption that is to be
17		consumed off the premises where it is sold (other than
18		alcoholic beverages, soft drinks, and food that has been
19		prepared for immediate consumption); prescription and
20		non-prescription medicines, drugs, and medical appliances;
21		modifications to a motor vehicle for the purpose of rendering
22		it usable by a person with a disability; or insulin, urine
23		testing materials, and syringes and needles used by diabetics.
24		(d) Nothing in this Section shall be construed to authorize
25		the district to impose a tax upon the privilege of engaging in
26		any business that under the Constitution of the United States

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1		may not be made the subject of taxation by the State.
2		(e) The certificate of registration that is issued by the
3		Department to a retailer under the Retailers' Occupation Tax
4		Act or a serviceman under the Service Occupation Tax Act
5		permits the retailer or serviceman to engage in a business that
6		is taxable without registering separately with the Department
7		under an ordinance or resolution under this Section.
8		(f) The Department shall immediately pay over to the State
9		Treasurer, ex officio, as trustee, all taxes and penalties
10		collected under this Section to be deposited into the Flood
11		Prevention Occupation Tax Fund, which shall be an
12		unappropriated trust fund held outside the State treasury.
13		On or before the 25th day of each calendar month, the
14		Department shall prepare and certify to the Comptroller the
15		disbursement of stated sums of money to the counties from which
16		retailers or servicemen have paid taxes or penalties to the
17		Department during the second preceding calendar month. The
18		amount to be paid to each county is equal to the amount (not
19		including credit memoranda) collected from the county under
20		this Section during the second preceding calendar month by the
21		Department, (i) less 2% of that amount, which shall be
22		deposited into the Tax Compliance and Administration Fund and
23		shall be used by the Department in administering and enforcing
24		the provisions of this Section on behalf of the county, (ii)
25		plus an amount that the Department determines is necessary to
26		offset any amounts that were erroneously paid to a different

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1		taxing body; (iii) less an amount equal to the amount of
2		refunds made during the second preceding calendar month by the
3		Department on behalf of the county; and (iv) less any amount
4		that the Department determines is necessary to offset any
5		amounts that were payable to a different taxing body but were
6		erroneously paid to the county. When certifying the amount of a
7		monthly disbursement to a county under this Section, the
8		Department shall increase or decrease the amounts by an amount
9		necessary to offset any miscalculation of previous
10		disbursements within the previous 6 months from the time a
11		miscalculation is discovered.
12		Within 10 days after receipt by the Comptroller from the
13		Department of the disbursement certification to the counties
14		provided for in this Section, the Comptroller shall cause the
15		orders to be drawn for the respective amounts in accordance
16		with directions contained in the certification.
17		If the Department determines that a refund should be made
18		under this Section to a claimant instead of issuing a credit
19		memorandum, then the Department shall notify the Comptroller,
20		who shall cause the order to be drawn for the amount specified
21		and to the person named in the notification from the
22		Department. The refund shall be paid by the Treasurer out of
23		the Flood Prevention Occupation Tax Fund.
24		(g) If a county imposes a tax under this Section, then the
25		county board shall, by ordinance, discontinue the tax upon the
26		payment of all indebtedness of the flood prevention district.

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1		The tax shall not be discontinued until all indebtedness of the
2		District has been paid.
3		(h) Any ordinance imposing the tax under this Section, or
4		any ordinance that discontinues the tax, must be certified by
5		the county clerk and filed with the Illinois Department of
6		Revenue either (i) on or before the first day of April,
7		whereupon the Department shall proceed to administer and
8		enforce the tax or change in the rate as of the first day of
9		July next following the filing; or (ii) on or before the first
10		day of October, whereupon the Department shall proceed to
11		administer and enforce the tax or change in the rate as of the
12		first day of January next following the filing.
13		(j) County Flood Prevention Occupation Tax Fund. All
14		proceeds received by a county from a tax distribution under
15		this Section must be maintained in a special fund known as the
16		[name of county] flood prevention occupation tax fund. The
17		county shall, at the direction of the flood prevention
18		district, use moneys in the fund to pay the costs of providing
19		emergency levee repair and flood prevention and to pay bonds,
20		notes, and other evidences of indebtedness issued under this
21		Act.
22		(k) This Section may be cited as the Flood Prevention
23		Occupation Tax Law.
24		(Source: P.A. 99-143, eff. 7-27-15; 99-217, eff. 7-31-15;
25		revised 11-6-15.)

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1		Section 230. The Mt. Carmel Regional Port District Act is
2		amended by changing Section 22 as follows:
3		(70 ILCS 1835/22) (from Ch. 19, par. 722)
4		Sec. 22. Members of the Board shall hold office until their
5		respective successors have been appointed and qualified. Any
6		member may resign from his office to take effect when his
7		successor has been appointed and qualified. The Governor may
8		remove any member of the Board in case of incompetency, neglect
9		of duty or malfeasance in office. He shall give such member a
10		copy of the charges against him and an opportunity to be
11		publicly heard in person or by counsel in his own defense upon
12		not less than 10 days' day's notice. In case of failure to
13		qualify within the time required, or of abandonment of his
14		office, or in case of death, conviction of a felony or removal
15		from office, the office of such member shall become vacant.
16		Each vacancy shall be filled for the unexpired term by
17		appointment in like manner as in case of expiration of the term
18		of a member of the Board.
19		(Source: P.A. 76-1788; revised 10-9-15.)
20		Section 235. The Local Mass Transit District Act is amended
21		by changing Section 5 as follows:
22		(70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
23		Sec. 5. (a) The Board of Trustees of every District may

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1		establish or acquire any or all manner of mass transit
2		facility. The Board may engage in the business of
3		transportation of passengers on scheduled routes and by
4		contract on nonscheduled routes within the territorial limits
5		of the counties or municipalities creating the District, by
6		whatever means it may decide. Its routes may be extended beyond
7		such territorial limits with the consent of the governing
8		bodies of the municipalities or counties into which such
9		operation is extended.
10		(b) The Board of Trustees of every District may for the
11		purposes of the District, acquire by gift, purchase, lease,
12		legacy, condemnation, or otherwise and hold, use, improve,
13		maintain, operate, own, manage or lease, as lessor or lessee,
14		such cars, buses, equipment, buildings, structures, real and
15		personal property, and interests therein, and services, lands
16		for terminal and other related facilities, improvements and
17		services, or any interest therein, including all or any part of
18		the plant, land, buildings, equipment, vehicles, licenses,
19		franchises, patents, property, service contracts and
20		agreements of every kind and nature. Real property may be so
21		acquired if it is situated within or partially within the area
22		served by the District or if it is outside the area if it is
23		desirable or necessary for the purposes of the District.
24		(c) The Board of Trustees of every District which
25		establishes, provides, or acquires mass transit facilities or
26		services may contract with any person or corporation or public

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1		or private entity for the operation or provision thereof upon
2		such terms and conditions as the District shall determine.
3		(d) The Board of Trustees of every District shall have the
4		authority to contract for any and all purposes of the District,
5		including with an interstate transportation authority, or with
6		another local Mass Transit District or any other municipal,
7		public, or private corporation entity in the transportation
8		business including the authority to contract to lease its or
9		otherwise provide land, buildings, and equipment, and other
10		related facilities, improvements, and services, for the
11		carriage of passengers beyond the territorial limits of the
12		District or to subsidize transit operations by a public or
13		private or municipal corporation operating entity providing
14		mass transit facilities.
15		(e) The Board of Trustees of every District shall have the
16		authority to establish, alter and discontinue transportation
17		routes and services and any or all ancillary or supporting
18		facilities and services, and to establish and amend rate
19		schedules for the transportation of persons thereon or for the
20		public or private use thereof which rate schedules shall,
21		together with any grants, receipts or income from other
22		sources, be sufficient to pay the expenses of the District, the
23		repair, maintenance and the safe and adequate operation of its
24		mass transit facilities and public mass transportation system
25		and to fulfill the terms of its debts, undertakings, and
26		obligations.

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1		(f) The Board of Trustees of every District shall have
2		perpetual succession and shall have the following powers in
3		addition to any others in this Act granted:
4		(1) to sue and be sued;
5		(2) to adopt and use a seal;
6		(3) to make and execute contracts loans, leases,
7		subleases, installment purchase agreements, contracts,
8		notes and other instruments evidencing financial
9		obligations, and other instruments necessary or convenient
10		in the exercise of its powers;
11		(4) to make, amend and repeal bylaws, rules and
12		regulations not inconsistent with this Act;
13		(5) to sell, lease, sublease, license, transfer,
14		convey or otherwise dispose of any of its real or personal
15		property, or interests therein, in whole or in part, at any
16		time upon such terms and conditions as it may determine,
17		with public bidding if the value exceeds $1,000 at
18		negotiated, competitive, public, or private sale;
19		(6) to invest funds, not required for immediate
20		disbursement, in property, agreements, or securities legal
21		for investment of public funds controlled by savings banks
22		under applicable law;
23		(7) to mortgage, pledge, hypothecate or otherwise
24		encumber all or any part of its real or personal property
25		or other assets, or interests therein;
26		(8) to apply for, accept and use grants, loans or other

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1		financial assistance from any private entity or municipal,
2		county, State or Federal governmental agency or other
3		public entity;
4		(9) to borrow money from the United States Government
5		or any agency thereof, or from any other public or private
6		source, for the purposes of the District and, as evidence
7		thereof, to issue its revenue bonds, payable solely from
8		the revenue derived from the operation of the District.
9		These bonds may be issued with maturities not exceeding 40
10		years from the date of the bonds, and in such amounts as
11		may be necessary to provide sufficient funds, together with
12		interest, for the purposes of the District. These bonds
13		shall bear interest at a rate of not more than the maximum
14		rate authorized by the Bond Authorization Act, as amended
15		at the time of the making of the contract of sale, payable
16		semi-annually, may be made registerable as to principal,
17		and may be made payable and callable as provided on any
18		interest payment date at a price of par and accrued
19		interest under such terms and conditions as may be fixed by
20		the ordinance authorizing the issuance of the bonds. Bonds
21		issued under this Section are negotiable instruments. They
22		shall be executed by the chairman and members of the Board
23		of Trustees, attested by the secretary, and shall be sealed
24		with the corporate seal of the District. In case any
25		Trustee or officer whose signature appears on the bonds or
26		coupons ceases to hold that office before the bonds are

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1		delivered, such officer's signature, shall nevertheless be
2		valid and sufficient for all purposes, the same as though
3		such officer had remained in office until the bonds were
4		delivered. The bonds shall be sold in such manner and upon
5		such terms as the Board of Trustees shall determine, except
6		that the selling price shall be such that the interest cost
7		to the District of the proceeds of the bonds shall not
8		exceed the maximum rate authorized by the Bond
9		Authorization Act, as amended at the time of the making of
10		the contract of sale, payable semi-annually, computed to
11		maturity according to the standard table of bond values.
12		The ordinance shall fix the amount of revenue bonds
13		proposed to be issued, the maturity or maturities, the
14		interest rate, which shall not exceed the maximum rate
15		authorized by the Bond Authorization Act, as amended at the
16		time of the making of the contract of sale, and all the
17		details in connection with the bonds. The ordinance may
18		contain such covenants and restrictions upon the issuance
19		of additional revenue bonds thereafter, which will share
20		equally in the revenue of the District, as may be deemed
21		necessary or advisable for the assurance of the payment of
22		the bonds first issued. Any District may also provide in
23		the ordinance authorizing the issuance of bonds under this
24		Section that the bonds, or such ones thereof as may be
25		specified, shall, to the extent and in the manner
26		prescribed, be subordinated and be junior in standing, with

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1		respect to the payment of principal and interest and the
2		security thereof, to such other bonds as are designated in
3		the ordinance.
4		The ordinance shall pledge the revenue derived from the
5		operations of the District for the purpose of paying the
6		cost of operation and maintenance of the District, and, as
7		applicable, providing adequate depreciation funds, and
8		paying the principal of and interest on the bonds of the
9		District issued under this Section; .
10		(10) subject to Section 5.1, to levy a tax on property
11		within the District at the rate of not to exceed .25% on
12		the assessed value of such property in the manner provided
13		in the "The Illinois Municipal Budget Law", approved July
14		12, 1937, as amended;
15		(11) to issue tax anticipation warrants;
16		(12) to contract with any school district in this State
17		to provide for the transportation of pupils to and from
18		school within such district pursuant to the provisions of
19		Section 29-15 of the School Code;
20		(13) to provide for the insurance of any property,
21		directors, officers, employees or operations of the
22		District against any risk or hazard, and to self-insure or
23		participate in joint self-insurance pools or entities to
24		insure against such risk or hazard;
25		(14) to use its established funds, personnel, and other
26		resources to acquire, construct, operate, and maintain

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1		bikeways and trails. Districts may cooperate with other
2		governmental and private agencies in bikeway and trail
3		programs; and
4		(15) to acquire, own, maintain, construct,
5		reconstruct, improve, repair, operate or lease any
6		light-rail public transportation system, terminal,
7		terminal facility, public airport, or bridge or toll bridge
8		across waters with any city, state, or both.
9		With respect to instruments for the payment of money issued
10		under this Section either before, on, or after June 6, 1989
11		(the effective date of Public Act 86-4) this amendatory Act of
12		1989, it is and always has been the intention of the General
13		Assembly (i) that the Omnibus Bond Acts are and always have
14		been supplementary grants of power to issue instruments in
15		accordance with the Omnibus Bond Acts, regardless of any
16		provision of this Act that may appear to be or to have been
17		more restrictive than those Acts, (ii) that the provisions of
18		this Section are not a limitation on the supplementary
19		authority granted by the Omnibus Bond Acts, and (iii) that
20		instruments issued under this Section within the supplementary
21		authority granted by the Omnibus Bond Acts are not invalid
22		because of any provision of this Act that may appear to be or
23		to have been more restrictive than those Acts.
24		This Section shall be liberally construed to give effect to
25		its purposes.
26		(Source: P.A. 93-590, eff. 1-1-04; revised 10-13-15.)

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1		Section 240. The Regional Transportation Authority Act is
2		amended by changing Section 4.03 as follows:
3		(70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
4		Sec. 4.03. Taxes.
5		(a) In order to carry out any of the powers or purposes of
6		the Authority, the Board may by ordinance adopted with the
7		concurrence of 12 of the then Directors, impose throughout the
8		metropolitan region any or all of the taxes provided in this
9		Section. Except as otherwise provided in this Act, taxes
10		imposed under this Section and civil penalties imposed incident
11		thereto shall be collected and enforced by the State Department
12		of Revenue. The Department shall have the power to administer
13		and enforce the taxes and to determine all rights for refunds
14		for erroneous payments of the taxes. Nothing in Public Act
15		95-708 this amendatory Act of the 95th General Assembly is
16		intended to invalidate any taxes currently imposed by the
17		Authority. The increased vote requirements to impose a tax
18		shall only apply to actions taken after January 1, 2008 (the
19		effective date of Public Act 95-708) this amendatory Act of the
20		95th General Assembly.
21		(b) The Board may impose a public transportation tax upon
22		all persons engaged in the metropolitan region in the business
23		of selling at retail motor fuel for operation of motor vehicles
24		upon public highways. The tax shall be at a rate not to exceed

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1		5% of the gross receipts from the sales of motor fuel in the
2		course of the business. As used in this Act, the term "motor
3		fuel" shall have the same meaning as in the Motor Fuel Tax Law.
4		The Board may provide for details of the tax. The provisions of
5		any tax shall conform, as closely as may be practicable, to the
6		provisions of the Municipal Retailers Occupation Tax Act,
7		including without limitation, conformity to penalties with
8		respect to the tax imposed and as to the powers of the State
9		Department of Revenue to promulgate and enforce rules and
10		regulations relating to the administration and enforcement of
11		the provisions of the tax imposed, except that reference in the
12		Act to any municipality shall refer to the Authority and the
13		tax shall be imposed only with regard to receipts from sales of
14		motor fuel in the metropolitan region, at rates as limited by
15		this Section.
16		(c) In connection with the tax imposed under paragraph (b)
17		of this Section the Board may impose a tax upon the privilege
18		of using in the metropolitan region motor fuel for the
19		operation of a motor vehicle upon public highways, the tax to
20		be at a rate not in excess of the rate of tax imposed under
21		paragraph (b) of this Section. The Board may provide for
22		details of the tax.
23		(d) The Board may impose a motor vehicle parking tax upon
24		the privilege of parking motor vehicles at off-street parking
25		facilities in the metropolitan region at which a fee is
26		charged, and may provide for reasonable classifications in and

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1		exemptions to the tax, for administration and enforcement
2		thereof and for civil penalties and refunds thereunder and may
3		provide criminal penalties thereunder, the maximum penalties
4		not to exceed the maximum criminal penalties provided in the
5		Retailers' Occupation Tax Act. The Authority may collect and
6		enforce the tax itself or by contract with any unit of local
7		government. The State Department of Revenue shall have no
8		responsibility for the collection and enforcement unless the
9		Department agrees with the Authority to undertake the
10		collection and enforcement. As used in this paragraph, the term
11		"parking facility" means a parking area or structure having
12		parking spaces for more than 2 vehicles at which motor vehicles
13		are permitted to park in return for an hourly, daily, or other
14		periodic fee, whether publicly or privately owned, but does not
15		include parking spaces on a public street, the use of which is
16		regulated by parking meters.
17		(e) The Board may impose a Regional Transportation
18		Authority Retailers' Occupation Tax upon all persons engaged in
19		the business of selling tangible personal property at retail in
20		the metropolitan region. In Cook County the tax rate shall be
21		1.25% of the gross receipts from sales of food for human
22		consumption that is to be consumed off the premises where it is
23		sold (other than alcoholic beverages, soft drinks and food that
24		has been prepared for immediate consumption) and prescription
25		and nonprescription medicines, drugs, medical appliances and
26		insulin, urine testing materials, syringes and needles used by

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1		diabetics, and 1% of the gross receipts from other taxable
2		sales made in the course of that business. In DuPage, Kane,
3		Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
4		of the gross receipts from all taxable sales made in the course
5		of that business. The tax imposed under this Section and all
6		civil penalties that may be assessed as an incident thereof
7		shall be collected and enforced by the State Department of
8		Revenue. The Department shall have full power to administer and
9		enforce this Section; to collect all taxes and penalties so
10		collected in the manner hereinafter provided; and to determine
11		all rights to credit memoranda arising on account of the
12		erroneous payment of tax or penalty hereunder. In the
13		administration of, and compliance with this Section, the
14		Department and persons who are subject to this Section shall
15		have the same rights, remedies, privileges, immunities, powers
16		and duties, and be subject to the same conditions,
17		restrictions, limitations, penalties, exclusions, exemptions
18		and definitions of terms, and employ the same modes of
19		procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
20		1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
21		therein other than the State rate of tax), 2c, 3 (except as to
22		the disposition of taxes and penalties collected), 4, 5, 5a,
23		5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
24		7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
25		and Section 3-7 of the Uniform Penalty and Interest Act, as
26		fully as if those provisions were set forth herein.

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1		Persons subject to any tax imposed under the authority
2		granted in this Section may reimburse themselves for their
3		seller's tax liability hereunder by separately stating the tax
4		as an additional charge, which charge may be stated in
5		combination in a single amount with State taxes that sellers
6		are required to collect under the Use Tax Act, under any
7		bracket schedules the Department may prescribe.
8		Whenever the Department determines that a refund should be
9		made under this Section to a claimant instead of issuing a
10		credit memorandum, the Department shall notify the State
11		Comptroller, who shall cause the warrant to be drawn for the
12		amount specified, and to the person named, in the notification
13		from the Department. The refund shall be paid by the State
14		Treasurer out of the Regional Transportation Authority tax fund
15		established under paragraph (n) of this Section.
16		If a tax is imposed under this subsection (e), a tax shall
17		also be imposed under subsections (f) and (g) of this Section.
18		For the purpose of determining whether a tax authorized
19		under this Section is applicable, a retail sale by a producer
20		of coal or other mineral mined in Illinois, is a sale at retail
21		at the place where the coal or other mineral mined in Illinois
22		is extracted from the earth. This paragraph does not apply to
23		coal or other mineral when it is delivered or shipped by the
24		seller to the purchaser at a point outside Illinois so that the
25		sale is exempt under the Federal Constitution as a sale in
26		interstate or foreign commerce.

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1		No tax shall be imposed or collected under this subsection
2		on the sale of a motor vehicle in this State to a resident of
3		another state if that motor vehicle will not be titled in this
4		State.
5		Nothing in this Section shall be construed to authorize the
6		Regional Transportation Authority to impose a tax upon the
7		privilege of engaging in any business that under the
8		Constitution of the United States may not be made the subject
9		of taxation by this State.
10		(f) If a tax has been imposed under paragraph (e), a
11		Regional Transportation Authority Service Occupation Tax shall
12		also be imposed upon all persons engaged, in the metropolitan
13		region in the business of making sales of service, who as an
14		incident to making the sales of service, transfer tangible
15		personal property within the metropolitan region, either in the
16		form of tangible personal property or in the form of real
17		estate as an incident to a sale of service. In Cook County, the
18		tax rate shall be: (1) 1.25% of the serviceman's cost price of
19		food prepared for immediate consumption and transferred
20		incident to a sale of service subject to the service occupation
21		tax by an entity licensed under the Hospital Licensing Act, the
22		Nursing Home Care Act, the Specialized Mental Health
23		Rehabilitation Act of 2013, the ID/DD Community Care Act, or
24		the MC/DD Act that is located in the metropolitan region; (2)
25		1.25% of the selling price of food for human consumption that
26		is to be consumed off the premises where it is sold (other than

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1		alcoholic beverages, soft drinks and food that has been
2		prepared for immediate consumption) and prescription and
3		nonprescription medicines, drugs, medical appliances and
4		insulin, urine testing materials, syringes and needles used by
5		diabetics; and (3) 1% of the selling price from other taxable
6		sales of tangible personal property transferred. In DuPage,
7		Kane, Lake, McHenry and Will Counties the rate shall be 0.75%
8		of the selling price of all tangible personal property
9		transferred.
10		The tax imposed under this paragraph and all civil
11		penalties that may be assessed as an incident thereof shall be
12		collected and enforced by the State Department of Revenue. The
13		Department shall have full power to administer and enforce this
14		paragraph; to collect all taxes and penalties due hereunder; to
15		dispose of taxes and penalties collected in the manner
16		hereinafter provided; and to determine all rights to credit
17		memoranda arising on account of the erroneous payment of tax or
18		penalty hereunder. In the administration of and compliance with
19		this paragraph, the Department and persons who are subject to
20		this paragraph shall have the same rights, remedies,
21		privileges, immunities, powers and duties, and be subject to
22		the same conditions, restrictions, limitations, penalties,
23		exclusions, exemptions and definitions of terms, and employ the
24		same modes of procedure, as are prescribed in Sections 1a-1, 2,
25		2a, 3 through 3-50 (in respect to all provisions therein other
26		than the State rate of tax), 4 (except that the reference to

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1		the State shall be to the Authority), 5, 7, 8 (except that the
2		jurisdiction to which the tax shall be a debt to the extent
3		indicated in that Section 8 shall be the Authority), 9 (except
4		as to the disposition of taxes and penalties collected, and
5		except that the returned merchandise credit for this tax may
6		not be taken against any State tax), 10, 11, 12 (except the
7		reference therein to Section 2b of the Retailers' Occupation
8		Tax Act), 13 (except that any reference to the State shall mean
9		the Authority), the first paragraph of Section 15, 16, 17, 18,
10		19 and 20 of the Service Occupation Tax Act and Section 3-7 of
11		the Uniform Penalty and Interest Act, as fully as if those
12		provisions were set forth herein.
13		Persons subject to any tax imposed under the authority
14		granted in this paragraph may reimburse themselves for their
15		serviceman's tax liability hereunder by separately stating the
16		tax as an additional charge, that charge may be stated in
17		combination in a single amount with State tax that servicemen
18		are authorized to collect under the Service Use Tax Act, under
19		any bracket schedules the Department may prescribe.
20		Whenever the Department determines that a refund should be
21		made under this paragraph to a claimant instead of issuing a
22		credit memorandum, the Department shall notify the State
23		Comptroller, who shall cause the warrant to be drawn for the
24		amount specified, and to the person named in the notification
25		from the Department. The refund shall be paid by the State
26		Treasurer out of the Regional Transportation Authority tax fund

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1		established under paragraph (n) of this Section.
2		Nothing in this paragraph shall be construed to authorize
3		the Authority to impose a tax upon the privilege of engaging in
4		any business that under the Constitution of the United States
5		may not be made the subject of taxation by the State.
6		(g) If a tax has been imposed under paragraph (e), a tax
7		shall also be imposed upon the privilege of using in the
8		metropolitan region, any item of tangible personal property
9		that is purchased outside the metropolitan region at retail
10		from a retailer, and that is titled or registered with an
11		agency of this State's government. In Cook County the tax rate
12		shall be 1% of the selling price of the tangible personal
13		property, as "selling price" is defined in the Use Tax Act. In
14		DuPage, Kane, Lake, McHenry and Will counties the tax rate
15		shall be 0.75% of the selling price of the tangible personal
16		property, as "selling price" is defined in the Use Tax Act. The
17		tax shall be collected from persons whose Illinois address for
18		titling or registration purposes is given as being in the
19		metropolitan region. The tax shall be collected by the
20		Department of Revenue for the Regional Transportation
21		Authority. The tax must be paid to the State, or an exemption
22		determination must be obtained from the Department of Revenue,
23		before the title or certificate of registration for the
24		property may be issued. The tax or proof of exemption may be
25		transmitted to the Department by way of the State agency with
26		which, or the State officer with whom, the tangible personal

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1		property must be titled or registered if the Department and the
2		State agency or State officer determine that this procedure
3		will expedite the processing of applications for title or
4		registration.
5		The Department shall have full power to administer and
6		enforce this paragraph; to collect all taxes, penalties and
7		interest due hereunder; to dispose of taxes, penalties and
8		interest collected in the manner hereinafter provided; and to
9		determine all rights to credit memoranda or refunds arising on
10		account of the erroneous payment of tax, penalty or interest
11		hereunder. In the administration of and compliance with this
12		paragraph, the Department and persons who are subject to this
13		paragraph shall have the same rights, remedies, privileges,
14		immunities, powers and duties, and be subject to the same
15		conditions, restrictions, limitations, penalties, exclusions,
16		exemptions and definitions of terms and employ the same modes
17		of procedure, as are prescribed in Sections 2 (except the
18		definition of "retailer maintaining a place of business in this
19		State"), 3 through 3-80 (except provisions pertaining to the
20		State rate of tax, and except provisions concerning collection
21		or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
22		19 (except the portions pertaining to claims by retailers and
23		except the last paragraph concerning refunds), 20, 21 and 22 of
24		the Use Tax Act, and are not inconsistent with this paragraph,
25		as fully as if those provisions were set forth herein.
26		Whenever the Department determines that a refund should be

HB5540 Enrolled - 445 - LRB099 16003 AMC 40320 b
1		made under this paragraph to a claimant instead of issuing a
2		credit memorandum, the Department shall notify the State
3		Comptroller, who shall cause the order to be drawn for the
4		amount specified, and to the person named in the notification
5		from the Department. The refund shall be paid by the State
6		Treasurer out of the Regional Transportation Authority tax fund
7		established under paragraph (n) of this Section.
8		(h) The Authority may impose a replacement vehicle tax of
9		$50 on any passenger car as defined in Section 1-157 of the
10		Illinois Vehicle Code purchased within the metropolitan region
11		by or on behalf of an insurance company to replace a passenger
12		car of an insured person in settlement of a total loss claim.
13		The tax imposed may not become effective before the first day
14		of the month following the passage of the ordinance imposing
15		the tax and receipt of a certified copy of the ordinance by the
16		Department of Revenue. The Department of Revenue shall collect
17		the tax for the Authority in accordance with Sections 3-2002
18		and 3-2003 of the Illinois Vehicle Code.
19		The Department shall immediately pay over to the State
20		Treasurer, ex officio, as trustee, all taxes collected
21		hereunder.
22		As soon as possible after the first day of each month,
23		beginning January 1, 2011, upon certification of the Department
24		of Revenue, the Comptroller shall order transferred, and the
25		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
26		local sales tax increment, as defined in the Innovation

HB5540 Enrolled - 446 - LRB099 16003 AMC 40320 b
1		Development and Economy Act, collected under this Section
2		during the second preceding calendar month for sales within a
3		STAR bond district.
4		After the monthly transfer to the STAR Bonds Revenue Fund,
5		on or before the 25th day of each calendar month, the
6		Department shall prepare and certify to the Comptroller the
7		disbursement of stated sums of money to the Authority. The
8		amount to be paid to the Authority shall be the amount
9		collected hereunder during the second preceding calendar month
10		by the Department, less any amount determined by the Department
11		to be necessary for the payment of refunds, and less any
12		amounts that are transferred to the STAR Bonds Revenue Fund.
13		Within 10 days after receipt by the Comptroller of the
14		disbursement certification to the Authority provided for in
15		this Section to be given to the Comptroller by the Department,
16		the Comptroller shall cause the orders to be drawn for that
17		amount in accordance with the directions contained in the
18		certification.
19		(i) The Board may not impose any other taxes except as it
20		may from time to time be authorized by law to impose.
21		(j) A certificate of registration issued by the State
22		Department of Revenue to a retailer under the Retailers'
23		Occupation Tax Act or under the Service Occupation Tax Act
24		shall permit the registrant to engage in a business that is
25		taxed under the tax imposed under paragraphs (b), (e), (f) or
26		(g) of this Section and no additional registration shall be

HB5540 Enrolled - 447 - LRB099 16003 AMC 40320 b
1		required under the tax. A certificate issued under the Use Tax
2		Act or the Service Use Tax Act shall be applicable with regard
3		to any tax imposed under paragraph (c) of this Section.
4		(k) The provisions of any tax imposed under paragraph (c)
5		of this Section shall conform as closely as may be practicable
6		to the provisions of the Use Tax Act, including without
7		limitation conformity as to penalties with respect to the tax
8		imposed and as to the powers of the State Department of Revenue
9		to promulgate and enforce rules and regulations relating to the
10		administration and enforcement of the provisions of the tax
11		imposed. The taxes shall be imposed only on use within the
12		metropolitan region and at rates as provided in the paragraph.
13		(l) The Board in imposing any tax as provided in paragraphs
14		(b) and (c) of this Section, shall, after seeking the advice of
15		the State Department of Revenue, provide means for retailers,
16		users or purchasers of motor fuel for purposes other than those
17		with regard to which the taxes may be imposed as provided in
18		those paragraphs to receive refunds of taxes improperly paid,
19		which provisions may be at variance with the refund provisions
20		as applicable under the Municipal Retailers Occupation Tax Act.
21		The State Department of Revenue may provide for certificates of
22		registration for users or purchasers of motor fuel for purposes
23		other than those with regard to which taxes may be imposed as
24		provided in paragraphs (b) and (c) of this Section to
25		facilitate the reporting and nontaxability of the exempt sales
26		or uses.

HB5540 Enrolled - 448 - LRB099 16003 AMC 40320 b
1		(m) Any ordinance imposing or discontinuing any tax under
2		this Section shall be adopted and a certified copy thereof
3		filed with the Department on or before June 1, whereupon the
4		Department of Revenue shall proceed to administer and enforce
5		this Section on behalf of the Regional Transportation Authority
6		as of September 1 next following such adoption and filing.
7		Beginning January 1, 1992, an ordinance or resolution imposing
8		or discontinuing the tax hereunder shall be adopted and a
9		certified copy thereof filed with the Department on or before
10		the first day of July, whereupon the Department shall proceed
11		to administer and enforce this Section as of the first day of
12		October next following such adoption and filing. Beginning
13		January 1, 1993, an ordinance or resolution imposing,
14		increasing, decreasing, or discontinuing the tax hereunder
15		shall be adopted and a certified copy thereof filed with the
16		Department, whereupon the Department shall proceed to
17		administer and enforce this Section as of the first day of the
18		first month to occur not less than 60 days following such
19		adoption and filing. Any ordinance or resolution of the
20		Authority imposing a tax under this Section and in effect on
21		August 1, 2007 shall remain in full force and effect and shall
22		be administered by the Department of Revenue under the terms
23		and conditions and rates of tax established by such ordinance
24		or resolution until the Department begins administering and
25		enforcing an increased tax under this Section as authorized by
26		Public Act 95-708 this amendatory Act of the 95th General

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1		Assembly. The tax rates authorized by Public Act 95-708 this
2		amendatory Act of the 95th General Assembly are effective only
3		if imposed by ordinance of the Authority.
4		(n) The State Department of Revenue shall, upon collecting
5		any taxes as provided in this Section, pay the taxes over to
6		the State Treasurer as trustee for the Authority. The taxes
7		shall be held in a trust fund outside the State Treasury. On or
8		before the 25th day of each calendar month, the State
9		Department of Revenue shall prepare and certify to the
10		Comptroller of the State of Illinois and to the Authority (i)
11		the amount of taxes collected in each County other than Cook
12		County in the metropolitan region, (ii) the amount of taxes
13		collected within the City of Chicago, and (iii) the amount
14		collected in that portion of Cook County outside of Chicago,
15		each amount less the amount necessary for the payment of
16		refunds to taxpayers located in those areas described in items
17		(i), (ii), and (iii). Within 10 days after receipt by the
18		Comptroller of the certification of the amounts, the
19		Comptroller shall cause an order to be drawn for the payment of
20		two-thirds of the amounts certified in item (i) of this
21		subsection to the Authority and one-third of the amounts
22		certified in item (i) of this subsection to the respective
23		counties other than Cook County and the amount certified in
24		items (ii) and (iii) of this subsection to the Authority.
25		In addition to the disbursement required by the preceding
26		paragraph, an allocation shall be made in July 1991 and each

HB5540 Enrolled - 450 - LRB099 16003 AMC 40320 b
1		year thereafter to the Regional Transportation Authority. The
2		allocation shall be made in an amount equal to the average
3		monthly distribution during the preceding calendar year
4		(excluding the 2 months of lowest receipts) and the allocation
5		shall include the amount of average monthly distribution from
6		the Regional Transportation Authority Occupation and Use Tax
7		Replacement Fund. The distribution made in July 1992 and each
8		year thereafter under this paragraph and the preceding
9		paragraph shall be reduced by the amount allocated and
10		disbursed under this paragraph in the preceding calendar year.
11		The Department of Revenue shall prepare and certify to the
12		Comptroller for disbursement the allocations made in
13		accordance with this paragraph.
14		(o) Failure to adopt a budget ordinance or otherwise to
15		comply with Section 4.01 of this Act or to adopt a Five-year
16		Capital Program or otherwise to comply with paragraph (b) of
17		Section 2.01 of this Act shall not affect the validity of any
18		tax imposed by the Authority otherwise in conformity with law.
19		(p) At no time shall a public transportation tax or motor
20		vehicle parking tax authorized under paragraphs (b), (c) and
21		(d) of this Section be in effect at the same time as any
22		retailers' occupation, use or service occupation tax
23		authorized under paragraphs (e), (f) and (g) of this Section is
24		in effect.
25		Any taxes imposed under the authority provided in
26		paragraphs (b), (c) and (d) shall remain in effect only until

HB5540 Enrolled - 451 - LRB099 16003 AMC 40320 b
1		the time as any tax authorized by paragraphs (e), (f) or (g) of
2		this Section are imposed and becomes effective. Once any tax
3		authorized by paragraphs (e), (f) or (g) is imposed the Board
4		may not reimpose taxes as authorized in paragraphs (b), (c) and
5		(d) of the Section unless any tax authorized by paragraphs (e),
6		(f) or (g) of this Section becomes ineffective by means other
7		than an ordinance of the Board.
8		(q) Any existing rights, remedies and obligations
9		(including enforcement by the Regional Transportation
10		Authority) arising under any tax imposed under paragraphs (b),
11		(c) or (d) of this Section shall not be affected by the
12		imposition of a tax under paragraphs (e), (f) or (g) of this
13		Section.
14		(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
15		99-217, eff. 7-31-15; revised 10-9-15.)
16		Section 245. The Water Commission Act of 1985 is amended by
17		changing Section 4 as follows:
18		(70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)
19		Sec. 4. Taxes.
20		(a) The board of commissioners of any county water
21		commission may, by ordinance, impose throughout the territory
22		of the commission any or all of the taxes provided in this
23		Section for its corporate purposes. However, no county water
24		commission may impose any such tax unless the commission

HB5540 Enrolled - 452 - LRB099 16003 AMC 40320 b
1		certifies the proposition of imposing the tax to the proper
2		election officials, who shall submit the proposition to the
3		voters residing in the territory at an election in accordance
4		with the general election law, and the proposition has been
5		approved by a majority of those voting on the proposition.
6		The proposition shall be in the form provided in Section 5
7		or shall be substantially in the following form:
8		-------------------------------------------------------------
9		Shall the (insert corporate
10		name of county water commission) YES
11		impose (state type of tax or ------------------------
12		taxes to be imposed) at the NO
13		rate of 1/4%?
14		-------------------------------------------------------------
15		Taxes imposed under this Section and civil penalties
16		imposed incident thereto shall be collected and enforced by the
17		State Department of Revenue. The Department shall have the
18		power to administer and enforce the taxes and to determine all
19		rights for refunds for erroneous payments of the taxes.
20		(b) The board of commissioners may impose a County Water
21		Commission Retailers' Occupation Tax upon all persons engaged
22		in the business of selling tangible personal property at retail
23		in the territory of the commission at a rate of 1/4% of the
24		gross receipts from the sales made in the course of such
25		business within the territory. The tax imposed under this
26		paragraph and all civil penalties that may be assessed as an

HB5540 Enrolled - 453 - LRB099 16003 AMC 40320 b
1		incident thereof shall be collected and enforced by the State
2		Department of Revenue. The Department shall have full power to
3		administer and enforce this paragraph; to collect all taxes and
4		penalties due hereunder; to dispose of taxes and penalties so
5		collected in the manner hereinafter provided; and to determine
6		all rights to credit memoranda arising on account of the
7		erroneous payment of tax or penalty hereunder. In the
8		administration of, and compliance with, this paragraph, the
9		Department and persons who are subject to this paragraph shall
10		have the same rights, remedies, privileges, immunities, powers
11		and duties, and be subject to the same conditions,
12		restrictions, limitations, penalties, exclusions, exemptions
13		and definitions of terms, and employ the same modes of
14		procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
15		1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
16		therein other than the State rate of tax except that food for
17		human consumption that is to be consumed off the premises where
18		it is sold (other than alcoholic beverages, soft drinks, and
19		food that has been prepared for immediate consumption) and
20		prescription and nonprescription medicine, drugs, medical
21		appliances and insulin, urine testing materials, syringes, and
22		needles used by diabetics, for human use, shall not be subject
23		to tax hereunder), 2c, 3 (except as to the disposition of taxes
24		and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
25		5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of
26		the Retailers' Occupation Tax Act and Section 3-7 of the

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1		Uniform Penalty and Interest Act, as fully as if those
2		provisions were set forth herein.
3		Persons subject to any tax imposed under the authority
4		granted in this paragraph may reimburse themselves for their
5		seller's tax liability hereunder by separately stating the tax
6		as an additional charge, which charge may be stated in
7		combination, in a single amount, with State taxes that sellers
8		are required to collect under the Use Tax Act and under
9		subsection (e) of Section 4.03 of the Regional Transportation
10		Authority Act, in accordance with such bracket schedules as the
11		Department may prescribe.
12		Whenever the Department determines that a refund should be
13		made under this paragraph to a claimant instead of issuing a
14		credit memorandum, the Department shall notify the State
15		Comptroller, who shall cause the warrant to be drawn for the
16		amount specified, and to the person named, in the notification
17		from the Department. The refund shall be paid by the State
18		Treasurer out of a county water commission tax fund established
19		under paragraph (g) of this Section.
20		For the purpose of determining whether a tax authorized
21		under this paragraph is applicable, a retail sale by a producer
22		of coal or other mineral mined in Illinois is a sale at retail
23		at the place where the coal or other mineral mined in Illinois
24		is extracted from the earth. This paragraph does not apply to
25		coal or other mineral when it is delivered or shipped by the
26		seller to the purchaser at a point outside Illinois so that the

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1		sale is exempt under the Federal Constitution as a sale in
2		interstate or foreign commerce.
3		If a tax is imposed under this subsection (b) a tax shall
4		also be imposed under subsections (c) and (d) of this Section.
5		No tax shall be imposed or collected under this subsection
6		on the sale of a motor vehicle in this State to a resident of
7		another state if that motor vehicle will not be titled in this
8		State.
9		Nothing in this paragraph shall be construed to authorize a
10		county water commission to impose a tax upon the privilege of
11		engaging in any business which under the Constitution of the
12		United States may not be made the subject of taxation by this
13		State.
14		(c) If a tax has been imposed under subsection (b), a
15		County Water Commission Service Occupation Tax shall also be
16		imposed upon all persons engaged, in the territory of the
17		commission, in the business of making sales of service, who, as
18		an incident to making the sales of service, transfer tangible
19		personal property within the territory. The tax rate shall be
20		1/4% of the selling price of tangible personal property so
21		transferred within the territory. The tax imposed under this
22		paragraph and all civil penalties that may be assessed as an
23		incident thereof shall be collected and enforced by the State
24		Department of Revenue. The Department shall have full power to
25		administer and enforce this paragraph; to collect all taxes and
26		penalties due hereunder; to dispose of taxes and penalties so

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1		collected in the manner hereinafter provided; and to determine
2		all rights to credit memoranda arising on account of the
3		erroneous payment of tax or penalty hereunder. In the
4		administration of, and compliance with, this paragraph, the
5		Department and persons who are subject to this paragraph shall
6		have the same rights, remedies, privileges, immunities, powers
7		and duties, and be subject to the same conditions,
8		restrictions, limitations, penalties, exclusions, exemptions
9		and definitions of terms, and employ the same modes of
10		procedure, as are prescribed in Sections 1a-1, 2 (except that
11		the reference to State in the definition of supplier
12		maintaining a place of business in this State shall mean the
13		territory of the commission), 2a, 3 through 3-50 (in respect to
14		all provisions therein other than the State rate of tax except
15		that food for human consumption that is to be consumed off the
16		premises where it is sold (other than alcoholic beverages, soft
17		drinks, and food that has been prepared for immediate
18		consumption) and prescription and nonprescription medicines,
19		drugs, medical appliances and insulin, urine testing
20		materials, syringes, and needles used by diabetics, for human
21		use, shall not be subject to tax hereunder), 4 (except that the
22		reference to the State shall be to the territory of the
23		commission), 5, 7, 8 (except that the jurisdiction to which the
24		tax shall be a debt to the extent indicated in that Section 8
25		shall be the commission), 9 (except as to the disposition of
26		taxes and penalties collected and except that the returned

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1		merchandise credit for this tax may not be taken against any
2		State tax), 10, 11, 12 (except the reference therein to Section
3		2b of the Retailers' Occupation Tax Act), 13 (except that any
4		reference to the State shall mean the territory of the
5		commission), the first paragraph of Section 15, 15.5, 16, 17,
6		18, 19 and 20 of the Service Occupation Tax Act as fully as if
7		those provisions were set forth herein.
8		Persons subject to any tax imposed under the authority
9		granted in this paragraph may reimburse themselves for their
10		serviceman's tax liability hereunder by separately stating the
11		tax as an additional charge, which charge may be stated in
12		combination, in a single amount, with State tax that servicemen
13		are authorized to collect under the Service Use Tax Act, and
14		any tax for which servicemen may be liable under subsection (f)
15		of Section Sec. 4.03 of the Regional Transportation Authority
16		Act, in accordance with such bracket schedules as the
17		Department may prescribe.
18		Whenever the Department determines that a refund should be
19		made under this paragraph to a claimant instead of issuing a
20		credit memorandum, the Department shall notify the State
21		Comptroller, who shall cause the warrant to be drawn for the
22		amount specified, and to the person named, in the notification
23		from the Department. The refund shall be paid by the State
24		Treasurer out of a county water commission tax fund established
25		under paragraph (g) of this Section.
26		Nothing in this paragraph shall be construed to authorize a

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1		county water commission to impose a tax upon the privilege of
2		engaging in any business which under the Constitution of the
3		United States may not be made the subject of taxation by the
4		State.
5		(d) If a tax has been imposed under subsection (b), a tax
6		shall also imposed upon the privilege of using, in the
7		territory of the commission, any item of tangible personal
8		property that is purchased outside the territory at retail from
9		a retailer, and that is titled or registered with an agency of
10		this State's government, at a rate of 1/4% of the selling price
11		of the tangible personal property within the territory, as
12		"selling price" is defined in the Use Tax Act. The tax shall be
13		collected from persons whose Illinois address for titling or
14		registration purposes is given as being in the territory. The
15		tax shall be collected by the Department of Revenue for a
16		county water commission. The tax must be paid to the State, or
17		an exemption determination must be obtained from the Department
18		of Revenue, before the title or certificate of registration for
19		the property may be issued. The tax or proof of exemption may
20		be transmitted to the Department by way of the State agency
21		with which, or the State officer with whom, the tangible
22		personal property must be titled or registered if the
23		Department and the State agency or State officer determine that
24		this procedure will expedite the processing of applications for
25		title or registration.
26		The Department shall have full power to administer and

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1		enforce this paragraph; to collect all taxes, penalties and
2		interest due hereunder; to dispose of taxes, penalties and
3		interest so collected in the manner hereinafter provided; and
4		to determine all rights to credit memoranda or refunds arising
5		on account of the erroneous payment of tax, penalty or interest
6		hereunder. In the administration of, and compliance with this
7		paragraph, the Department and persons who are subject to this
8		paragraph shall have the same rights, remedies, privileges,
9		immunities, powers and duties, and be subject to the same
10		conditions, restrictions, limitations, penalties, exclusions,
11		exemptions and definitions of terms and employ the same modes
12		of procedure, as are prescribed in Sections 2 (except the
13		definition of "retailer maintaining a place of business in this
14		State"), 3 through 3-80 (except provisions pertaining to the
15		State rate of tax, and except provisions concerning collection
16		or refunding of the tax by retailers, and except that food for
17		human consumption that is to be consumed off the premises where
18		it is sold (other than alcoholic beverages, soft drinks, and
19		food that has been prepared for immediate consumption) and
20		prescription and nonprescription medicines, drugs, medical
21		appliances and insulin, urine testing materials, syringes, and
22		needles used by diabetics, for human use, shall not be subject
23		to tax hereunder), 4, 11, 12, 12a, 14, 15, 19 (except the
24		portions pertaining to claims by retailers and except the last
25		paragraph concerning refunds), 20, 21 and 22 of the Use Tax Act
26		and Section 3-7 of the Uniform Penalty and Interest Act that

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1		are not inconsistent with this paragraph, as fully as if those
2		provisions were set forth herein.
3		Whenever the Department determines that a refund should be
4		made under this paragraph to a claimant instead of issuing a
5		credit memorandum, the Department shall notify the State
6		Comptroller, who shall cause the order to be drawn for the
7		amount specified, and to the person named, in the notification
8		from the Department. The refund shall be paid by the State
9		Treasurer out of a county water commission tax fund established
10		under paragraph (g) of this Section.
11		(e) A certificate of registration issued by the State
12		Department of Revenue to a retailer under the Retailers'
13		Occupation Tax Act or under the Service Occupation Tax Act
14		shall permit the registrant to engage in a business that is
15		taxed under the tax imposed under paragraphs (b), (c) or (d) of
16		this Section and no additional registration shall be required
17		under the tax. A certificate issued under the Use Tax Act or
18		the Service Use Tax Act shall be applicable with regard to any
19		tax imposed under paragraph (c) of this Section.
20		(f) Any ordinance imposing or discontinuing any tax under
21		this Section shall be adopted and a certified copy thereof
22		filed with the Department on or before June 1, whereupon the
23		Department of Revenue shall proceed to administer and enforce
24		this Section on behalf of the county water commission as of
25		September 1 next following the adoption and filing. Beginning
26		January 1, 1992, an ordinance or resolution imposing or

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1		discontinuing the tax hereunder shall be adopted and a
2		certified copy thereof filed with the Department on or before
3		the first day of July, whereupon the Department shall proceed
4		to administer and enforce this Section as of the first day of
5		October next following such adoption and filing. Beginning
6		January 1, 1993, an ordinance or resolution imposing or
7		discontinuing the tax hereunder shall be adopted and a
8		certified copy thereof filed with the Department on or before
9		the first day of October, whereupon the Department shall
10		proceed to administer and enforce this Section as of the first
11		day of January next following such adoption and filing.
12		(g) The State Department of Revenue shall, upon collecting
13		any taxes as provided in this Section, pay the taxes over to
14		the State Treasurer as trustee for the commission. The taxes
15		shall be held in a trust fund outside the State Treasury.
16		As soon as possible after the first day of each month,
17		beginning January 1, 2011, upon certification of the Department
18		of Revenue, the Comptroller shall order transferred, and the
19		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
20		local sales tax increment, as defined in the Innovation
21		Development and Economy Act, collected under this Section
22		during the second preceding calendar month for sales within a
23		STAR bond district.
24		After the monthly transfer to the STAR Bonds Revenue Fund,
25		on or before the 25th day of each calendar month, the State
26		Department of Revenue shall prepare and certify to the

HB5540 Enrolled - 462 - LRB099 16003 AMC 40320 b
1		Comptroller of the State of Illinois the amount to be paid to
2		the commission, which shall be the amount (not including credit
3		memoranda) collected under this Section during the second
4		preceding calendar month by the Department plus an amount the
5		Department determines is necessary to offset any amounts that
6		were erroneously paid to a different taxing body, and not
7		including any amount equal to the amount of refunds made during
8		the second preceding calendar month by the Department on behalf
9		of the commission, and not including any amount that the
10		Department determines is necessary to offset any amounts that
11		were payable to a different taxing body but were erroneously
12		paid to the commission, and less any amounts that are
13		transferred to the STAR Bonds Revenue Fund. Within 10 days
14		after receipt by the Comptroller of the certification of the
15		amount to be paid to the commission, the Comptroller shall
16		cause an order to be drawn for the payment for the amount in
17		accordance with the direction in the certification.
18		(h) Beginning June 1, 2016, any tax imposed pursuant to
19		this Section may no longer be imposed or collected, unless a
20		continuation of the tax is approved by the voters at a
21		referendum as set forth in this Section.
22		(Source: P.A. 98-298, eff. 8-9-13; 99-217, eff. 7-31-15;
23		revised 11-9-15.)
24		Section 250. The School Code is amended by changing
25		Sections 2-3.25a, 2-3.25f, 2-3.64a-5, 5-2.2, 10-17a, 10-29,

HB5540 Enrolled - 463 - LRB099 16003 AMC 40320 b
1		14-8.02, 19-1, 21B-20, 21B-45, 22-30, 27-8.1, 27-24.2, 27A-5,
2		32-5, 34-2.4, and 34-8.1, by setting forth and renumbering
3		multiple versions of Sections 2-3.163 and 22-80, and by setting
4		forth, renumbering, and changing multiple versions of Section
5		10-20.56 as follows:
6		(105 ILCS 5/2-3.25a) (from Ch. 122, par. 2-3.25a)
7		Sec. 2-3.25a. "School district" defined; additional
8		standards.
9		(a) For the purposes of this Section and Sections 3.25b,
10		3.25c, 3.25d, 3.25e, and 3.25f of this Code, "school district"
11		includes other public entities responsible for administering
12		public schools, such as cooperatives, joint agreements,
13		charter schools, special charter districts, regional offices
14		of education, local agencies, and the Department of Human
15		Services.
16		(b) In addition to the standards established pursuant to
17		Section 2-3.25, the State Board of Education shall develop
18		recognition standards for student performance and school
19		improvement for all school districts and their individual
20		schools, which must be an outcomes-based, balanced
21		accountability measure. The State Board of Education is
22		prohibited from having separate performance standards for
23		students based on race or ethnicity.
24		Subject to the availability of federal, State, public, or
25		private funds, the balanced accountability measure must be

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1		designed to focus on 2 components, student performance and
2		professional practice. The student performance component shall
3		count for 30% of the total balanced accountability measure, and
4		the professional practice component shall count for 70% of the
5		total balanced accountability measure. The student performance
6		component shall focus on student outcomes and closing the
7		achievement gaps within each school district and its individual
8		schools using a Multiple Measure Index and Annual Measurable
9		Objectives, as set forth in Section 2-3.25d of this Code. The
10		professional practice component shall focus on the degree to
11		which a school district, as well as its individual schools, is
12		implementing evidence-based, best professional practices and
13		exhibiting continued improvement. Beginning with the 2015-2016
14		school year, the balanced accountability measure shall consist
15		of only the student performance component, which shall account
16		for 100% of the total balanced accountability measure. From the
17		2016-2017 school year through the 2021-2022 school year, the
18		State Board of Education and a Balanced Accountability Measure
19		Committee shall identify a number of school districts per the
20		designated school years to begin implementing the balanced
21		accountability measure, which includes both the student
22		performance and professional practice components. By the
23		2021-2022 school year, all school districts must be
24		implementing the balanced accountability measure, which
25		includes both components. The Balanced Accountability Measure
26		Committee shall consist of the following individuals: a

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1		representative of a statewide association representing
2		regional superintendents of schools, a representative of a
3		statewide association representing principals, a
4		representative of an association representing principals in a
5		city having a population exceeding 500,000, a representative of
6		a statewide association representing school administrators, a
7		representative of a statewide professional teachers'
8		organization, a representative of a different statewide
9		professional teachers' organization, an additional
10		representative from either statewide professional teachers'
11		organization, a representative of a professional teachers'
12		organization in a city having a population exceeding 500,000, a
13		representative of a statewide association representing school
14		boards, and a representative of a school district organized
15		under Article 34 of this Code. The head of each association or
16		entity listed in this paragraph shall appoint its respective
17		representative. The State Superintendent of Education, in
18		consultation with the Committee, may appoint no more than 2
19		additional individuals to the Committee, which individuals
20		shall serve in an advisory role and must not have voting or
21		other decision-making rights. The Committee is abolished on
22		June 1, 2022.
23		Using a Multiple Measure Index consistent with subsection
24		(a) of Section 2-3.25d of this Code, the student performance
25		component shall consist of the following subcategories, each of
26		which must be valued at 10%:

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1		(1) achievement status;
2		(2) achievement growth; and
3		(3) Annual Measurable Objectives, as set forth in
4		subsection (b) of Section 2-3.25d of this Code.
5		Achievement status shall measure and assess college and career
6		readiness, as well as the graduation rate. Achievement growth
7		shall measure the school district's and its individual schools'
8		student growth via this State's growth value tables. Annual
9		Measurable Objectives shall measure the degree to which school
10		districts, as well as their individual schools, are closing
11		their achievement gaps among their student population and
12		subgroups.
13		The professional practice component shall consist of the
14		following subcategories:
15		(A) compliance;
16		(B) evidence-based best practices; and
17		(C) contextual improvement.
18		Compliance, which shall count for 10%, shall measure the degree
19		to which a school district and its individual schools meet the
20		current State compliance requirements. Evidence-based best
21		practices, which shall count for 30%, shall measure the degree
22		to which school districts and their individual schools are
23		adhering to a set of evidence-based quality standards and best
24		practice for effective schools that include (i) continuous
25		improvement, (ii) culture and climate, (iii) shared
26		leadership, (iv) governance, (v) education and employee

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1		quality, (vi) family and community connections, and (vii)
2		student and learning development and are further developed in
3		consultation with the State Board of Education and the Balanced
4		Accountability Measure Committee set forth in this subsection
5		(b). Contextual improvement, which shall count for 30%, shall
6		provide school districts and their individual schools the
7		opportunity to demonstrate improved outcomes through local
8		data, including without limitation school climate, unique
9		characteristics, and barriers that impact the educational
10		environment and hinder the development and implementation of
11		action plans to address areas of school district and individual
12		school improvement. Each school district, in good faith
13		cooperation with its teachers or, where applicable, the
14		exclusive bargaining representatives of its teachers, shall
15		develop 2 measurable objectives to demonstrate contextual
16		improvement, each of which must be equally weighted. Each
17		school district shall begin such good faith cooperative
18		development of these objectives no later than 6 months prior to
19		the beginning of the school year in which the school district
20		is to implement the professional practice component of the
21		balanced accountability measure. The professional practice
22		component must be scored using trained peer review teams that
23		observe and verify school district practices using an
24		evidence-based framework.
25		The balanced accountability measure shall combine the
26		student performance and professional practice components into

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1		one summative score based on 100 points at the school district
2		and individual-school level. A school district shall be
3		designated as "Exceeds Standards - Exemplar" if the overall
4		score is 100 to 90, "Meets Standards - Proficient" if the
5		overall score is 89 to 75, "Approaching Standards - Needs
6		Improvement" if the overall score is 74 to 60, and "Below
7		Standards - Unsatisfactory" if the overall score is 59 to 0.
8		The balanced accountability measure shall also detail both
9		incentives that reward school districts for continued improved
10		performance, as provided in Section 2-3.25c of this Code, and
11		consequences for school districts that fail to provide evidence
12		of continued improved performance, which may include
13		presentation of a barrier analysis, additional school board and
14		administrator training, or additional State assistance. Based
15		on its summative score, a school district may be exempt from
16		the balanced accountability measure for one or more school
17		years. The State Board of Education, in collaboration with the
18		Balanced Accountability Measure Committee set forth in this
19		subsection (b), shall adopt rules that further implementation
20		in accordance with the requirements of this Section.
21		(Source: P.A. 99-84, eff. 1-1-16; 99-193, eff. 7-30-15; revised
22		10-9-15.)
23		(105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
24		Sec. 2-3.25f. State interventions.
25		(a) The State Board of Education shall provide technical

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1		assistance to assist with the development and implementation of
2		School and District Improvement Plans.
3		Schools or school districts that fail to make reasonable
4		efforts to implement an approved Improvement Plan may suffer
5		loss of State funds by school district, attendance center, or
6		program as the State Board of Education deems appropriate.
7		(a-5) (Blank).
8		(b) Beginning in 2017, if, after 3 years following its
9		identification as a priority district under Section 2-3.25d-5
10		of this Code, a district does not make progress as measured by
11		a reduction in achievement gaps commensurate with the targets
12		in this State's approved accountability plan with the U.S.
13		Department of Education, then the State Board of Education may
14		(i) change the recognition status of the school district or
15		school to nonrecognized or (ii) authorize the State
16		Superintendent of Education to direct the reassignment of
17		pupils or direct the reassignment or replacement of school
18		district personnel. If a school district is nonrecognized in
19		its entirety, it shall automatically be dissolved on July 1
20		following that nonrecognition and its territory realigned with
21		another school district or districts by the regional board of
22		school trustees in accordance with the procedures set forth in
23		Section 7-11 of the School Code. The effective date of the
24		nonrecognition of a school shall be July 1 following the
25		nonrecognition.
26		(b-5) The State Board of Education shall also develop a

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1		system to provide assistance and resources to lower performing
2		school districts. At a minimum, the State Board shall identify
3		school districts to receive priority services, to be known as
4		priority districts under Section 2-3.25d-5 of this Code. The
5		school district shall provide the exclusive bargaining
6		representative with a 5-day notice that the district has been
7		identified as a priority district. In addition, the State Board
8		may, by rule, develop other categories of low-performing
9		schools and school districts to receive services.
10		Based on the results of the district needs assessment under
11		Section 2-3.25d-5 of this Code, the State Board of Education
12		shall work with the district to provide technical assistance
13		and professional development, in partnership with the
14		district, to implement a continuous improvement plan that would
15		increase outcomes for students. The plan for continuous
16		improvement shall be based on the results of the district needs
17		assessment and shall be used to determine the types of services
18		that are to be provided to each priority district. Potential
19		services for a district may include monitoring adult and
20		student practices, reviewing and reallocating district
21		resources, developing a district leadership team, providing
22		access to curricular content area specialists, and providing
23		online resources and professional development.
24		The State Board of Education may require priority districts
25		identified as having deficiencies in one or more core functions
26		of the district needs assessment to undergo an accreditation

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1		process as provided in subsection (d) of Section 2-3.25f-5 of
2		this Code.
3		(c) All federal requirements apply to schools and school
4		districts utilizing federal funds under Title I, Part A of the
5		federal Elementary and Secondary Education Act of 1965.
6		(Source: P.A. 98-1155, eff. 1-9-15; 99-193, eff. 7-30-15;
7		99-203, eff. 7-30-15; revised 10-9-15.)
8		(105 ILCS 5/2-3.64a-5)
9		Sec. 2-3.64a-5. State goals and assessment.
10		(a) For the assessment and accountability purposes of this
11		Section, "students" includes those students enrolled in a
12		public or State-operated elementary school, secondary school,
13		or cooperative or joint agreement with a governing body or
14		board of control, a charter school operating in compliance with
15		the Charter Schools Law, a school operated by a regional office
16		of education under Section 13A-3 of this Code, or a public
17		school administered by a local public agency or the Department
18		of Human Services.
19		(b) The State Board of Education shall establish the
20		academic standards that are to be applicable to students who
21		are subject to State assessments under this Section. The State
22		Board of Education shall not establish any such standards in
23		final form without first providing opportunities for public
24		participation and local input in the development of the final
25		academic standards. Those opportunities shall include a

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1		well-publicized period of public comment and opportunities to
2		file written comments.
3		(c) Beginning no later than the 2014-2015 school year, the
4		State Board of Education shall annually assess all students
5		enrolled in grades 3 through 8 in English language arts and
6		mathematics.
7		Beginning no later than the 2017-2018 school year, the
8		State Board of Education shall annually assess all students in
9		science at one grade in grades 3 through 5, at one grade in
10		grades 6 through 8, and at one grade in grades 9 through 12.
11		The State Board of Education shall annually assess schools
12		that operate a secondary education program, as defined in
13		Section 22-22 of this Code, in English language arts and
14		mathematics. The State Board of Education shall administer no
15		more than 3 assessments, per student, of English language arts
16		and mathematics for students in a secondary education program.
17		One of these assessments shall include a college and career
18		ready determination that shall be accepted by this State's
19		public institutions of higher education, as defined in the
20		Board of Higher Education Act, for the purpose of student
21		application or admissions consideration.
22		Students who are not assessed for college and career ready
23		determinations may not receive a regular high school diploma
24		unless the student is exempted from taking State assessments
25		under subsection (d) of this Section because (i) the student's
26		individualized educational program developed under Article 14

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1		of this Code identifies the State assessment as inappropriate
2		for the student, (ii) the student is enrolled in a program of
3		adult and continuing education, as defined in the Adult
4		Education Act, (iii) the school district is not required to
5		assess the individual student for purposes of accountability
6		under federal No Child Left Behind Act of 2001 requirements,
7		(iv) the student has been determined to be an English learner
8		and has been enrolled in schools in the United States for less
9		than 12 months, or (v) the student is otherwise identified by
10		the State Board of Education, through rules, as being exempt
11		from the assessment.
12		The State Board of Education shall not assess students
13		under this Section in subjects not required by this Section.
14		Districts shall inform their students of the timelines and
15		procedures applicable to their participation in every yearly
16		administration of the State assessments. The State Board of
17		Education shall establish periods of time in each school year
18		during which State assessments shall occur to meet the
19		objectives of this Section.
20		(d) Every individualized educational program as described
21		in Article 14 shall identify if the State assessment or
22		components thereof are appropriate for the student. The State
23		Board of Education shall develop rules governing the
24		administration of an alternate assessment that may be available
25		to students for whom participation in this State's regular
26		assessments is not appropriate, even with accommodations as

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1		allowed under this Section.
2		Students receiving special education services whose
3		individualized educational programs identify them as eligible
4		for the alternative State assessments nevertheless shall have
5		the option of taking this State's regular assessment that
6		includes a college and career ready determination, which shall
7		be administered in accordance with the eligible accommodations
8		appropriate for meeting these students' respective needs.
9		All students determined to be English learners shall
10		participate in the State assessments, excepting those students
11		who have been enrolled in schools in the United States for less
12		than 12 months. Such students may be exempted from
13		participation in one annual administration of the English
14		language arts assessment. Any student determined to be an
15		English learner shall receive appropriate assessment
16		accommodations, including language supports, which shall be
17		established by rule. Approved assessment accommodations must
18		be provided until the student's English language skills develop
19		to the extent that the student is no longer considered to be an
20		English learner, as demonstrated through a State-identified
21		English language proficiency assessment.
22		(e) The results or scores of each assessment taken under
23		this Section shall be made available to the parents of each
24		student.
25		In each school year, the scores attained by a student on
26		the State assessment that includes a college and career ready

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1		determination must be placed in the student's permanent record
2		and must be entered on the student's transcript pursuant to
3		rules that the State Board of Education shall adopt for that
4		purpose in accordance with Section 3 of the Illinois School
5		Student Records Act. In each school year, the scores attained
6		by a student on the State assessments administered in grades 3
7		through 8 must be placed in the student's temporary record.
8		(f) All schools shall administer an academic assessment of
9		English language proficiency in oral language (listening and
10		speaking) and reading and writing skills to all children
11		determined to be English learners.
12		(g) All schools in this State that are part of the sample
13		drawn by the National Center for Education Statistics, in
14		collaboration with their school districts and the State Board
15		of Education, shall administer the biennial academic
16		assessments under the National Assessment of Educational
17		Progress carried out under Section 411(b)(2) of the federal
18		National Education Statistics Act of 1994 (20 U.S.C. 9010) if
19		the U.S. Secretary of Education pays the costs of administering
20		the assessments.
21		(h) Subject to available funds to this State for the
22		purpose of student assessment, the State Board of Education
23		shall provide additional assessments and assessment resources
24		that may be used by school districts for local assessment
25		purposes. The State Board of Education shall annually
26		distribute a listing of these additional resources.

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1		(i) For the purposes of this subsection (i), "academically
2		based assessments" means assessments consisting of questions
3		and answers that are measurable and quantifiable to measure the
4		knowledge, skills, and ability of students in the subject
5		matters covered by the assessments. All assessments
6		administered pursuant to this Section must be academically
7		based assessments. The scoring of academically based
8		assessments shall be reliable, valid, and fair and shall meet
9		the guidelines for assessment development and use prescribed by
10		the American Psychological Association, the National Council
11		on Measurement in Education, and the American Educational
12		Research Association.
13		The State Board of Education shall review the use of all
14		assessment item types in order to ensure that they are valid
15		and reliable indicators of student performance aligned to the
16		learning standards being assessed and that the development,
17		administration, and scoring of these item types are justifiable
18		in terms of cost.
19		(j) The State Superintendent of Education shall appoint a
20		committee of no more than 21 members, consisting of parents,
21		teachers, school administrators, school board members,
22		assessment experts, regional superintendents of schools, and
23		citizens, to review the State assessments administered by the
24		State Board of Education. The Committee shall select one of its
25		members as its chairperson. The Committee shall meet on an
26		ongoing basis to review the content and design of the

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1		assessments (including whether the requirements of subsection
2		(i) of this Section have been met), the time and money expended
3		at the local and State levels to prepare for and administer the
4		assessments, the collective results of the assessments as
5		measured against the stated purpose of assessing student
6		performance, and other issues involving the assessments
7		identified by the Committee. The Committee shall make periodic
8		recommendations to the State Superintendent of Education and
9		the General Assembly concerning the assessments.
10		(k) The State Board of Education may adopt rules to
11		implement this Section.
12		(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15;
13		99-185, eff. 1-1-16; revised 10-16-15.)
14		(105 ILCS 5/2-3.163)
15		Sec. 2-3.163. Prioritization of Urgency of Need for
16		Services database.
17		(a) The General Assembly makes all of the following
18		findings:
19		(1) The Department of Human Services maintains a
20		statewide database known as the Prioritization of Urgency
21		of Need for Services that records information about
22		individuals with developmental disabilities who are
23		potentially in need of services.
24		(2) The Department of Human Services uses the data on
25		Prioritization of Urgency of Need for Services to select

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1		individuals for services as funding becomes available, to
2		develop proposals and materials for budgeting, and to plan
3		for future needs.
4		(3) Prioritization of Urgency of Need for Services is
5		available for children and adults with a developmental
6		disability who have an unmet service need anticipated in
7		the next 5 years.
8		(4) Prioritization of Urgency of Need for Services is
9		the first step toward getting developmental disabilities
10		services in this State. If individuals are not on the
11		Prioritization of Urgency of Need for Services waiting
12		list, they are not in queue for State developmental
13		disabilities services.
14		(5) Prioritization of Urgency of Need for Services may
15		be underutilized by children and their parents or guardians
16		due to lack of awareness or lack of information.
17		(b) The State Board of Education may work with school
18		districts to inform all students with developmental
19		disabilities and their parents or guardians about the
20		Prioritization of Urgency of Need for Services database.
21		(c) Subject to appropriation, the Department of Human
22		Services and State Board of Education shall develop and
23		implement an online, computer-based training program for at
24		least one designated employee in every public school in this
25		State to educate him or her about the Prioritization of Urgency
26		of Need for Services database and steps to be taken to ensure

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1		children and adolescents are enrolled. The training shall
2		include instruction for at least one designated employee in
3		every public school in contacting the appropriate
4		developmental disabilities Independent Service Coordination
5		agency to enroll children and adolescents in the database. At
6		least one designated employee in every public school shall
7		ensure the opportunity to enroll in the Prioritization of
8		Urgency of Need for Services database is discussed during
9		annual individualized education program (IEP) meetings for all
10		children and adolescents believed to have a developmental
11		disability.
12		(d) The State Board of Education, in consultation with the
13		Department of Human Services, shall inform parents and
14		guardians of students through school districts about the
15		Prioritization of Urgency of Need for Services waiting list.
16		(Source: P.A. 99-144, eff. 1-1-16.)
17		(105 ILCS 5/2-3.164)
18		(Section scheduled to be repealed on December 16, 2020)
19		Sec. 2-3.164 2-3.163. Attendance Commission.
20		(a) The Attendance Commission is created within the State
21		Board of Education to study the issue of chronic absenteeism in
22		this State and make recommendations for strategies to prevent
23		chronic absenteeism. The Commission shall consist of all of the
24		following members:
25		(1) The Director of the Department of Children and

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1		Family Services or his or her designee.
2		(2) The Chairperson of the State Board of Education or
3		his or her designee.
4		(3) The Chairperson of the Board of Higher Education or
5		his or her designee.
6		(4) The Secretary of the Department of Human Services
7		or his or her designee.
8		(5) The Director of the Department of Public Health or
9		his or her designee.
10		(6) The Chairperson of the Illinois Community College
11		Board or his or her designee.
12		(7) The Chairperson of the State Charter School
13		Commission or his or her designee.
14		(8) An individual that deals with children's
15		disabilities, impairments, and social emotional issues,
16		appointed by the State Superintendent of Education.
17		(9) One member from each of the following
18		organizations, appointed by the State Superintendent of
19		Education:
20		(A) A non-profit organization that advocates for
21		students in temporary living situations.
22		(B) An Illinois-focused, non-profit organization
23		that advocates for the well-being of all children and
24		families in this State.
25		(C) An Illinois non-profit, anti-crime
26		organization of law enforcement that researches and

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1		recommends early learning and youth development
2		strategies to reduce crime.
3		(D) An Illinois non-profit organization that
4		conducts community-organizing around family issues.
5		(E) A statewide professional teachers'
6		organization.
7		(F) A different statewide professional teachers'
8		organization.
9		(G) A professional teachers' organization in a
10		city having a population exceeding 500,000.
11		(H) An association representing school
12		administrators.
13		(I) An association representing school board
14		members.
15		(J) An association representing school principals.
16		(K) An association representing regional
17		superintendents of schools.
18		(L) An association representing parents.
19		(M) An association representing high school
20		districts.
21		(N) An association representing large unit
22		districts.
23		(O) An organization that advocates for healthier
24		school environments in Illinois.
25		(P) An organization that advocates for the health
26		and safety of Illinois youth and families by providing

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1		capacity building services.
2		(Q) A statewide association of local philanthropic
3		organizations that advocates for effective
4		educational, health, and human service policies to
5		improve this State's communities.
6		(R) A statewide organization that advocates for
7		partnerships among schools, families, and the
8		community that provide access to support and remove
9		barriers to learning and development, using schools as
10		hubs.
11		(S) An organization representing statewide
12		programs actively involved in truancy intervention.
13		Attendance Commission members shall serve without
14		compensation but shall be reimbursed for their travel expenses
15		from appropriations to the State Board of Education available
16		for that purpose and subject to the rules of the appropriate
17		travel control board.
18		(b) The Attendance Commission shall meet initially at the
19		call of the State Superintendent of Education. The members
20		shall elect a chairperson at their initial meeting. Thereafter,
21		the Attendance Commission shall meet at the call of the
22		chairperson. The Attendance Commission shall hold hearings on a
23		periodic basis to receive testimony from the public regarding
24		attendance.
25		(c) The Attendance Commission shall identify strategies,
26		mechanisms, and approaches to help parents, educators,

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1		principals, superintendents, and the State Board of Education
2		address and prevent chronic absenteeism and shall recommend to
3		the General Assembly and State Board of Education:
4		(1) a standard for attendance and chronic absenteeism,
5		defining attendance as a calculation of standard clock
6		hours in a day that equal a full day based on instructional
7		minutes for both a half day and a full day per learning
8		environment;
9		(2) mechanisms to improve data systems to monitor and
10		track chronic absenteeism across this State in a way that
11		identifies trends from prekindergarten through grade 12
12		and allows the identification of students who need
13		individualized chronic absenteeism prevention plans;
14		(3) mechanisms for reporting and accountability for
15		schools and districts across this State, including
16		creating multiple measure indexes for reporting;
17		(4) best practices for utilizing attendance and
18		chronic absenteeism data to create multi-tiered systems of
19		support and prevention that will result in students being
20		ready for college and career; and
21		(5) new initiatives and responses to ongoing
22		challenges presented by chronic absenteeism.
23		(d) The State Board of Education shall provide
24		administrative support to the Commission. The Attendance
25		Commission shall submit an annual report to the General
26		Assembly and the State Board of Education no later than

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1		December 15 of each year.
2		(e) The Attendance Commission is abolished and this Section
3		is repealed on December 16, 2020.
4		(Source: P.A. 99-432, eff. 8-21-15; revised 10-5-15.)
5		(105 ILCS 5/2-3.165)
6		(Section scheduled to be repealed on June 1, 2016)
7		Sec. 2-3.165 2-3.163. Virtual education review committee.
8		(a) The State Superintendent of Education shall establish a
9		review committee to review virtual education and course choice.
10		The review committee shall consist of all of the following
11		individuals appointed by the State Superintendent:
12		(1) One representative of the State Board of Education,
13		who shall serve as chairperson.
14		(2) One parent.
15		(3) One educator representing a statewide professional
16		teachers' organization.
17		(4) One educator representing a different statewide
18		professional teachers' organization.
19		(5) One educator representing a professional teachers'
20		organization in a city having a population exceeding
21		500,000.
22		(6) One school district administrator representing an
23		association that represents school administrators.
24		(7) One school principal representing an association
25		that represents school principals.

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1		(8) One school board member representing an
2		association that represents school board members.
3		(9) One special education administrator representing
4		an association that represents special education
5		administrators.
6		(10) One representative of a school district in a city
7		having a population exceeding 500,000.
8		(11) One school principal representing an association
9		that represents school principals in a city having a
10		population exceeding 500,000.
11		(12) One representative of an education advocacy group
12		that works with parents.
13		(13) One representative of an education public policy
14		organization.
15		(14) One representative of an institution of higher
16		education.
17		(15) One representative of a virtual school in this
18		State.
19		The review committee shall also consist of all of the following
20		members appointed as follows:
21		(A) One member of the Senate appointed by the President
22		of the Senate.
23		(B) One member of the Senate appointed by the Minority
24		Leader of the Senate.
25		(C) One member of the House of Representatives
26		appointed by the Speaker of the House of Representatives.

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1		(D) One member of the House of Representatives
2		appointed by the Minority Leader of the House of
3		Representatives.
4		Members of the review committee shall serve without
5		compensation, but, subject to appropriation, members may be
6		reimbursed for travel.
7		(b) The review committee shall meet at least 4 times, at
8		the call of the chairperson, to review virtual education and
9		course choice. This review shall include a discussion on
10		virtual course access programs, including the ability of
11		students to enroll in online coursework and access technology
12		to complete courses. The review committee shall make
13		recommendations on changes and improvements and provide best
14		practices for virtual education and course choice in this
15		State. The review committee shall determine funding mechanisms
16		and district cost projections to administer course access
17		programs.
18		(c) The State Board of Education shall provide
19		administrative and other support to the review committee.
20		(d) The review committee shall report its findings and
21		recommendations to the Governor and General Assembly no later
22		than May 31, 2016. Upon filing its report, the review committee
23		is dissolved.
24		(e) This Section is repealed on June 1, 2016.
25		(Source: P.A. 99-442, eff. 8-21-15; revised 10-5-15.)

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1		(105 ILCS 5/2-3.166)
2		Sec. 2-3.166 2-3.163. Youth suicide awareness and
3		prevention.
4		(a) This Section may be referred to as Ann Marie's Law.
5		(b) The State Board of Education shall do both of the
6		following:
7		(1) In consultation with a youth suicide prevention
8		organization operating in this State and organizations
9		representing school boards and school personnel, develop a
10		model youth suicide awareness and prevention policy that is
11		consistent with subsection (c) of this Section.
12		(2) Compile, develop, and post on its publicly
13		accessible Internet website both of the following, which
14		may include materials already publicly available:
15		(A) Recommended guidelines and educational
16		materials for training and professional development.
17		(B) Recommended resources and age-appropriate
18		educational materials on youth suicide awareness and
19		prevention.
20		(c) The model policy developed by the State Board of
21		Education under subsection (b) of this Section and any policy
22		adopted by a school board under subsection (d) of this Section
23		shall include all of the following:
24		(1) A statement on youth suicide awareness and
25		prevention.
26		(2) Protocols for administering youth suicide

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1		awareness and prevention education to staff and students.
2		(3) Methods of prevention, including procedures for
3		early identification and referral of students at risk of
4		suicide.
5		(4) Methods of intervention, including procedures that
6		address an emotional or mental health safety plan for
7		students identified as being at increased risk of suicide.
8		(5) Methods of responding to a student or staff suicide
9		or suicide attempt.
10		(6) Reporting procedures.
11		(7) Recommended resources on youth suicide awareness
12		and prevention programs, including current contact
13		information for such programs.
14		(d) Beginning with the 2015-2016 school year, each school
15		board shall review and update its current suicide awareness and
16		prevention policy to be consistent with subsection (c) of this
17		Section or adopt an age-appropriate youth suicide awareness and
18		prevention policy consistent with subsection (c) of this
19		Section, inform each school district employee and the parent or
20		legal guardian of each student enrolled in the school district
21		of such policy, and post such policy on the school district's
22		publicly accessible Internet website. The policy adopted by a
23		school board under this subsection (d) may be based upon the
24		model policy developed by the State Board of Education under
25		subsection (b) of this Section.
26		(Source: P.A. 99-443, eff. 8-21-15; revised 10-5-15.)

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1		(105 ILCS 5/5-2.2)
2		Sec. 5-2.2. Designation of trustees; Township 36 North,
3		Range 13 East. After the April 5, 2011 consolidated election,
4		the trustees of schools in Township 36 North, Range 13 East
5		shall no longer be elected pursuant to the provisions of
6		Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any
7		such trustees elected before such date may complete the term to
8		which that trustee was elected, but shall not be succeeded by
9		election. Instead, the board of education or board of school
10		directors of each of the elementary and high school districts
11		that are subject to the jurisdiction of Township 36 North,
12		Range 13 East shall appoint one of the members to serve as
13		trustee of schools. The trustees of schools shall be appointed
14		by each board of education or board of school directors within
15		60 days after the effective date of this amendatory Act of the
16		97th General Assembly and shall reorganize within 30 days after
17		all the trustees of schools have been appointed or within 30
18		days after all the trustees of schools were due to have been
19		appointed, whichever is sooner. Trustees of schools so
20		appointed shall serve at the pleasure of the board of education
21		or board of school directors appointing them, but in no event
22		longer than 2 years unless reappointed.
23		A majority of members of the trustees of schools shall
24		constitute a quorum for the transaction of business. The
25		trustees shall organize by appointing one of their number

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1		president, who shall hold the office for 2 years. If the
2		president is absent from any meeting, or refuses to perform any
3		of the duties of the office, a president pro-tempore may be
4		appointed. Trustees who serve on the board as a result of
5		appointment or election at the time of the reorganization shall
6		continue to serve as a member of the trustees of schools, with
7		no greater or lesser lessor authority than any other trustee,
8		until such time as their elected term expires.
9		Each trustee of schools appointed by a board of education
10		or board of school directors shall be entitled to
11		indemnification and protection against claims and suits by the
12		board that appointed that trustee of schools for acts or
13		omissions as a trustee of schools in the same manner and to the
14		same extent as the trustee of schools is entitled to
15		indemnification and protection for acts or omissions as a
16		member of the board of education or board of school directors
17		under Section 10-20.20 of this Code.
18		(Source: P.A. 97-631, eff. 12-8-11; revised 10-15-15.)
19		(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
20		Sec. 10-17a. State, school district, and school report
21		cards.
22		(1) By October 31, 2013 and October 31 of each subsequent
23		school year, the State Board of Education, through the State
24		Superintendent of Education, shall prepare a State report card,
25		school district report cards, and school report cards, and

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1		shall by the most economic means provide to each school
2		district in this State, including special charter districts and
3		districts subject to the provisions of Article 34, the report
4		cards for the school district and each of its schools.
5		(2) In addition to any information required by federal law,
6		the State Superintendent shall determine the indicators and
7		presentation of the school report card, which must include, at
8		a minimum, the most current data possessed by the State Board
9		of Education related to the following:
10		(A) school characteristics and student demographics,
11		including average class size, average teaching experience,
12		student racial/ethnic breakdown, and the percentage of
13		students classified as low-income; the percentage of
14		students classified as English learners; the percentage of
15		students who have individualized education plans or 504
16		plans that provide for special education services; the
17		percentage of students who annually transferred in or out
18		of the school district; the per-pupil operating
19		expenditure of the school district; and the per-pupil State
20		average operating expenditure for the district type
21		(elementary, high school, or unit);
22		(B) curriculum information, including, where
23		applicable, Advanced Placement, International
24		Baccalaureate or equivalent courses, dual enrollment
25		courses, foreign language classes, school personnel
26		resources (including Career Technical Education teachers),

HB5540 Enrolled - 492 - LRB099 16003 AMC 40320 b
1		before and after school programs, extracurricular
2		activities, subjects in which elective classes are
3		offered, health and wellness initiatives (including the
4		average number of days of Physical Education per week per
5		student), approved programs of study, awards received,
6		community partnerships, and special programs such as
7		programming for the gifted and talented, students with
8		disabilities, and work-study students;
9		(C) student outcomes, including, where applicable, the
10		percentage of students deemed proficient on assessments of
11		State standards, the percentage of students in the eighth
12		grade who pass Algebra, the percentage of students enrolled
13		in post-secondary institutions (including colleges,
14		universities, community colleges, trade/vocational
15		schools, and training programs leading to career
16		certification within 2 semesters of high school
17		graduation), the percentage of students graduating from
18		high school who are college and career ready, and the
19		percentage of graduates enrolled in community colleges,
20		colleges, and universities who are in one or more courses
21		that the community college, college, or university
22		identifies as a developmental course;
23		(D) student progress, including, where applicable, the
24		percentage of students in the ninth grade who have earned 5
25		credits or more without failing more than one core class, a
26		measure of students entering kindergarten ready to learn, a

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1		measure of growth, and the percentage of students who enter
2		high school on track for college and career readiness;
3		(E) the school environment, including, where
4		applicable, the percentage of students with less than 10
5		absences in a school year, the percentage of teachers with
6		less than 10 absences in a school year for reasons other
7		than professional development, leaves taken pursuant to
8		the federal Family Medical Leave Act of 1993, long-term
9		disability, or parental leaves, the 3-year average of the
10		percentage of teachers returning to the school from the
11		previous year, the number of different principals at the
12		school in the last 6 years, 2 or more indicators from any
13		school climate survey selected or approved by the State and
14		administered pursuant to Section 2-3.153 of this Code, with
15		the same or similar indicators included on school report
16		cards for all surveys selected or approved by the State
17		pursuant to Section 2-3.153 of this Code, and the combined
18		percentage of teachers rated as proficient or excellent in
19		their most recent evaluation; and
20		(F) a school district's and its individual schools'
21		balanced accountability measure, in accordance with
22		Section 2-3.25a of this Code.
23		The school report card shall also provide information that
24		allows for comparing the current outcome, progress, and
25		environment data to the State average, to the school data from
26		the past 5 years, and to the outcomes, progress, and

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1		environment of similar schools based on the type of school and
2		enrollment of low-income students, special education students,
3		and English learners.
4		(3) At the discretion of the State Superintendent, the
5		school district report card shall include a subset of the
6		information identified in paragraphs (A) through (E) of
7		subsection (2) of this Section, as well as information relating
8		to the operating expense per pupil and other finances of the
9		school district, and the State report card shall include a
10		subset of the information identified in paragraphs (A) through
11		(E) of subsection (2) of this Section.
12		(4) Notwithstanding anything to the contrary in this
13		Section, in consultation with key education stakeholders, the
14		State Superintendent shall at any time have the discretion to
15		amend or update any and all metrics on the school, district, or
16		State report card.
17		(5) Annually, no more than 30 calendar days after receipt
18		of the school district and school report cards from the State
19		Superintendent of Education, each school district, including
20		special charter districts and districts subject to the
21		provisions of Article 34, shall present such report cards at a
22		regular school board meeting subject to applicable notice
23		requirements, post the report cards on the school district's
24		Internet web site, if the district maintains an Internet web
25		site, make the report cards available to a newspaper of general
26		circulation serving the district, and, upon request, send the

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1		report cards home to a parent (unless the district does not
2		maintain an Internet web site, in which case the report card
3		shall be sent home to parents without request). If the district
4		posts the report card on its Internet web site, the district
5		shall send a written notice home to parents stating (i) that
6		the report card is available on the web site, (ii) the address
7		of the web site, (iii) that a printed copy of the report card
8		will be sent to parents upon request, and (iv) the telephone
9		number that parents may call to request a printed copy of the
10		report card.
11		(6) Nothing contained in this amendatory Act of the 98th
12		General Assembly repeals, supersedes, invalidates, or
13		nullifies final decisions in lawsuits pending on the effective
14		date of this amendatory Act of the 98th General Assembly in
15		Illinois courts involving the interpretation of Public Act
16		97-8.
17		(Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30,
18		eff. 7-10-15; 99-193, eff. 7-30-15; revised 10-21-15.)
19		(105 ILCS 5/10-20.56)
20		Sec. 10-20.56. E-learning days.
21		(a) The State Board of Education shall establish and
22		maintain, for implementation in selected school districts
23		during the 2015-2016, 2016-2017, and 2017-2018 school years, a
24		pilot program for use of electronic-learning (e-learning)
25		days, as described in this Section. The State Superintendent of

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1		Education shall select up to 3 school districts for this
2		program, at least one of which may be an elementary or unit
3		school district. The use of e-learning days may not begin until
4		the second semester of the 2015-2016 school year, and the pilot
5		program shall conclude with the end of the 2017-2018 school
6		year. On or before June 1, 2019, the State Board shall report
7		its recommendation for expansion, revision, or discontinuation
8		of the program to the Governor and General Assembly.
9		(b) The school board of a school district selected by the
10		State Superintendent of Education under subsection (a) of this
11		Section may, by resolution, adopt a research-based program or
12		research-based programs for e-learning days district-wide that
13		shall permit student instruction to be received electronically
14		while students are not physically present in lieu of the
15		district's scheduled emergency days as required by Section
16		10-19 of this Code. The research-based program or programs may
17		not exceed the minimum number of emergency days in the approved
18		school calendar and must be submitted to the State
19		Superintendent for approval on or before September 1st annually
20		to ensure access for all students. The State Superintendent
21		shall approve programs that ensure that the specific needs of
22		all students are met, including special education students and
23		English learners, and that all mandates are still met using the
24		proposed research-based program. The e-learning program may
25		utilize the Internet, telephones, texts, chat rooms, or other
26		similar means of electronic communication for instruction and

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1		interaction between teachers and students that meet the needs
2		of all learners.
3		(c) Before its adoption by a school board, a school
4		district's initial proposal for an e-learning program or for
5		renewal of such a program must be approved by the State Board
6		of Education and shall follow a public hearing, at a regular or
7		special meeting of the school board, in which the terms of the
8		proposal must be substantially presented and an opportunity for
9		allowing public comments must be provided. Notice of such
10		public hearing must be provided at least 10 days prior to the
11		hearing by:
12		(1) publication in a newspaper of general circulation
13		in the school district;
14		(2) written or electronic notice designed to reach the
15		parents or guardians of all students enrolled in the school
16		district; and
17		(3) written or electronic notice designed to reach any
18		exclusive collective bargaining representatives of school
19		district employees and all those employees not in a
20		collective bargaining unit.
21		(d) A proposal for an e-learning program must be timely
22		approved by the State Board of Education if the requirements
23		specified in this Section have been met and if, in the view of
24		the State Board of Education, the proposal contains provisions
25		designed to reasonably and practicably accomplish the
26		following:

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1		(1) to ensure and verify at least 5 clock hours of
2		instruction or school work for each student participating
3		in an e-learning day;
4		(2) to ensure access from home or other appropriate
5		remote facility for all students participating, including
6		computers, the Internet, and other forms of electronic
7		communication that must be utilized in the proposed
8		program;
9		(3) to ensure appropriate learning opportunities for
10		students with special needs;
11		(4) to monitor and verify each student's electronic
12		participation;
13		(5) to address the extent to which student
14		participation is within the student's control as to the
15		time, pace, and means of learning;
16		(6) to provide effective notice to students and their
17		parents or guardians of the use of particular days for
18		e-learning;
19		(7) to provide staff and students with adequate
20		training for e-learning days' participation;
21		(8) to ensure an opportunity for any collective
22		bargaining negotiations with representatives of the school
23		district's employees that would be legally required; and
24		(9) to review and revise the program as implemented to
25		address difficulties confronted.
26		The State Board of Education's approval of a school

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1		district's initial e-learning program and renewal of the
2		e-learning program shall be for a term of 3 years.
3		(e) The State Board of Education may adopt rules governing
4		its supervision and review of e-learning programs consistent
5		with the provision of this Section. However, in the absence of
6		such rules, school districts may submit proposals for State
7		Board of Education consideration under the authority of this
8		Section.
9		(Source: P.A. 99-194, eff. 7-30-15.)
10		(105 ILCS 5/10-20.57)
11		Sec. 10-20.57 10-20.56. Carbon monoxide alarm required.
12		(a) In this Section:
13		"Approved carbon monoxide alarm" and "alarm" have the
14		meaning ascribed to those terms in the Carbon Monoxide Alarm
15		Detector Act.
16		"Carbon monoxide detector" and "detector" mean a device
17		having a sensor that responds to carbon monoxide gas and that
18		is connected to an alarm control unit and approved in
19		accordance with rules adopted by the State Fire Marshal.
20		(b) A school board shall require that each school under its
21		authority be equipped with approved carbon monoxide alarms or
22		carbon monoxide detectors. The alarms must be powered as
23		follows:
24		(1) For a school designed before January 1, 2016 (the
25		effective date of Public Act 99-470) this amendatory Act of

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1		the 99th General Assembly, alarms powered by batteries are
2		permitted. In accordance with Section 17-2.11 of this Code,
3		alarms permanently powered by the building's electrical
4		system and monitored by any required fire alarm system are
5		also permitted. Fire prevention and safety tax levy
6		proceeds or bond proceeds may be used for alarms.
7		(2) For a school designed on or after January 1, 2016
8		(the effective date of Public Act 99-470) this amendatory
9		Act of the 99th General Assembly, alarms must be
10		permanently powered by the building's electrical system or
11		be an approved carbon monoxide detection system. An
12		installation required in this subdivision (2) must be
13		monitored by any required fire alarm system.
14		Alarms or detectors must be located within 20 feet of a
15		carbon monoxide emitting device. Alarms or detectors must be in
16		operating condition and be inspected annually. A school is
17		exempt from the requirements of this Section if it does not
18		have or is not close to any sources of carbon monoxide. A
19		school must require plans, protocols, and procedures in
20		response to the activation of a carbon monoxide alarm or carbon
21		monoxide detection system.
22		(Source: P.A. 99-470, eff. 1-1-16; revised 10-19-15.)
23		(105 ILCS 5/10-29)
24		Sec. 10-29. Remote educational programs.
25		(a) For purposes of this Section, "remote educational

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1		program" means an educational program delivered to students in
2		the home or other location outside of a school building that
3		meets all of the following criteria:
4		(1) A student may participate in the program only after
5		the school district, pursuant to adopted school board
6		policy, and a person authorized to enroll the student under
7		Section 10-20.12b of this Code determine that a remote
8		educational program will best serve the student's
9		individual learning needs. The adopted school board policy
10		shall include, but not be limited to, all of the following:
11		(A) Criteria for determining that a remote
12		educational program will best serve a student's
13		individual learning needs. The criteria must include
14		consideration of, at a minimum, a student's prior
15		attendance, disciplinary record, and academic history.
16		(B) Any limitations on the number of students or
17		grade levels that may participate in a remote
18		educational program.
19		(C) A description of the process that the school
20		district will use to approve participation in the
21		remote educational program. The process must include
22		without limitation a requirement that, for any student
23		who qualifies to receive services pursuant to the
24		federal Individuals with Disabilities Education
25		Improvement Act of 2004, the student's participation
26		in a remote educational program receive prior approval

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1		from the student's individualized education program
2		team.
3		(D) A description of the process the school
4		district will use to develop and approve a written
5		remote educational plan that meets the requirements of
6		subdivision (5) of this subsection (a).
7		(E) A description of the system the school district
8		will establish to calculate the number of clock hours a
9		student is participating in instruction in accordance
10		with the remote educational program.
11		(F) A description of the process for renewing a
12		remote educational program at the expiration of its
13		term.
14		(G) Such other terms and provisions as the school
15		district deems necessary to provide for the
16		establishment and delivery of a remote educational
17		program.
18		(2) The school district has determined that the remote
19		educational program's curriculum is aligned to State
20		learning standards and that the program offers instruction
21		and educational experiences consistent with those given to
22		students at the same grade level in the district.
23		(3) The remote educational program is delivered by
24		instructors that meet the following qualifications:
25		(A) they are certificated under Article 21 of this
26		Code;

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1		(B) they meet applicable highly qualified criteria
2		under the federal No Child Left Behind Act of 2001; and
3		(C) they have responsibility for all of the
4		following elements of the program: planning
5		instruction, diagnosing learning needs, prescribing
6		content delivery through class activities, assessing
7		learning, reporting outcomes to administrators and
8		parents and guardians, and evaluating the effects of
9		instruction.
10		(4) During the period of time from and including the
11		opening date to the closing date of the regular school term
12		of the school district established pursuant to Section
13		10-19 of this Code, participation in a remote educational
14		program may be claimed for general State aid purposes under
15		Section 18-8.05 of this Code on any calendar day,
16		notwithstanding whether the day is a day of pupil
17		attendance or institute day on the school district's
18		calendar or any other provision of law restricting
19		instruction on that day. If the district holds year-round
20		classes in some buildings, the district shall classify each
21		student's participation in a remote educational program as
22		either on a year-round or a non-year-round schedule for
23		purposes of claiming general State aid. Outside of the
24		regular school term of the district, the remote educational
25		program may be offered as part of any summer school program
26		authorized by this Code.

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1		(5) Each student participating in a remote educational
2		program must have a written remote educational plan that
3		has been approved by the school district and a person
4		authorized to enroll the student under Section 10-20.12b of
5		this Code. The school district and a person authorized to
6		enroll the student under Section 10-20.12b of this Code
7		must approve any amendment to a remote educational plan.
8		The remote educational plan must include, but is not
9		limited to, all of the following:
10		(A) Specific achievement goals for the student
11		aligned to State learning standards.
12		(B) A description of all assessments that will be
13		used to measure student progress, which description
14		shall indicate the assessments that will be
15		administered at an attendance center within the school
16		district.
17		(C) A description of the progress reports that will
18		be provided to the school district and the person or
19		persons authorized to enroll the student under Section
20		10-20.12b of this Code.
21		(D) Expectations, processes, and schedules for
22		interaction between a teacher and student.
23		(E) A description of the specific responsibilities
24		of the student's family and the school district with
25		respect to equipment, materials, phone and Internet
26		service, and any other requirements applicable to the

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1		home or other location outside of a school building
2		necessary for the delivery of the remote educational
3		program.
4		(F) If applicable, a description of how the remote
5		educational program will be delivered in a manner
6		consistent with the student's individualized education
7		program required by Section 614(d) of the federal
8		Individuals with Disabilities Education Improvement
9		Act of 2004 or plan to ensure compliance with Section
10		504 of the federal Rehabilitation Act of 1973.
11		(G) A description of the procedures and
12		opportunities for participation in academic and
13		extra-curricular activities and programs within the
14		school district.
15		(H) The identification of a parent, guardian, or
16		other responsible adult who will provide direct
17		supervision of the program. The plan must include an
18		acknowledgment by the parent, guardian, or other
19		responsible adult that he or she may engage only in
20		non-teaching duties not requiring instructional
21		judgment or the evaluation of a student. The plan shall
22		designate the parent, guardian, or other responsible
23		adult as non-teaching personnel or volunteer personnel
24		under subsection (a) of Section 10-22.34 of this Code.
25		(I) The identification of a school district
26		administrator who will oversee the remote educational

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1		program on behalf of the school district and who may be
2		contacted by the student's parents with respect to any
3		issues or concerns with the program.
4		(J) The term of the student's participation in the
5		remote educational program, which may not extend for
6		longer than 12 months, unless the term is renewed by
7		the district in accordance with subdivision (7) of this
8		subsection (a).
9		(K) A description of the specific location or
10		locations in which the program will be delivered. If
11		the remote educational program is to be delivered to a
12		student in any location other than the student's home,
13		the plan must include a written determination by the
14		school district that the location will provide a
15		learning environment appropriate for the delivery of
16		the program. The location or locations in which the
17		program will be delivered shall be deemed a long
18		distance teaching reception area under subsection (a)
19		of Section 10-22.34 of this Code.
20		(L) Certification by the school district that the
21		plan meets all other requirements of this Section.
22		(6) Students participating in a remote educational
23		program must be enrolled in a school district attendance
24		center pursuant to the school district's enrollment policy
25		or policies. A student participating in a remote
26		educational program must be tested as part of all

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1		assessments administered by the school district pursuant
2		to Section 2-3.64a-5 of this Code at the attendance center
3		in which the student is enrolled and in accordance with the
4		attendance center's assessment policies and schedule. The
5		student must be included within all accountability
6		determinations for the school district and attendance
7		center under State and federal law.
8		(7) The term of a student's participation in a remote
9		educational program may not extend for longer than 12
10		months, unless the term is renewed by the school district.
11		The district may only renew a student's participation in a
12		remote educational program following an evaluation of the
13		student's progress in the program, a determination that the
14		student's continuation in the program will best serve the
15		student's individual learning needs, and an amendment to
16		the student's written remote educational plan addressing
17		any changes for the upcoming term of the program.
18		For purposes of this Section, a remote educational program
19		does not include instruction delivered to students through an
20		e-learning program approved under Section 10-20.56 of this
21		Code.
22		(b) A school district may, by resolution of its school
23		board, establish a remote educational program.
24		(c) Clock hours of instruction by students in a remote
25		educational program meeting the requirements of this Section
26		may be claimed by the school district and shall be counted as

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1		school work for general State aid purposes in accordance with
2		and subject to the limitations of Section 18-8.05 of this Code.
3		(d) The impact of remote educational programs on wages,
4		hours, and terms and conditions of employment of educational
5		employees within the school district shall be subject to local
6		collective bargaining agreements.
7		(e) The use of a home or other location outside of a school
8		building for a remote educational program shall not cause the
9		home or other location to be deemed a public school facility.
10		(f) A remote educational program may be used, but is not
11		required, for instruction delivered to a student in the home or
12		other location outside of a school building that is not claimed
13		for general State aid purposes under Section 18-8.05 of this
14		Code.
15		(g) School districts that, pursuant to this Section, adopt
16		a policy for a remote educational program must submit to the
17		State Board of Education a copy of the policy and any
18		amendments thereto, as well as data on student participation in
19		a format specified by the State Board of Education. The State
20		Board of Education may perform or contract with an outside
21		entity to perform an evaluation of remote educational programs
22		in this State.
23		(h) The State Board of Education may adopt any rules
24		necessary to ensure compliance by remote educational programs
25		with the requirements of this Section and other applicable
26		legal requirements.

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1		(Source: P.A. 98-972, eff. 8-15-14; 99-193, eff. 7-30-15;
2		99-194, eff. 7-30-15; revised 10-9-15.)
3		(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
4		Sec. 14-8.02. Identification, Evaluation and Placement of
5		Children.
6		(a) The State Board of Education shall make rules under
7		which local school boards shall determine the eligibility of
8		children to receive special education. Such rules shall ensure
9		that a free appropriate public education be available to all
10		children with disabilities as defined in Section 14-1.02. The
11		State Board of Education shall require local school districts
12		to administer non-discriminatory procedures or tests to
13		English learners coming from homes in which a language other
14		than English is used to determine their eligibility to receive
15		special education. The placement of low English proficiency
16		students in special education programs and facilities shall be
17		made in accordance with the test results reflecting the
18		student's linguistic, cultural and special education needs.
19		For purposes of determining the eligibility of children the
20		State Board of Education shall include in the rules definitions
21		of "case study", "staff conference", "individualized
22		educational program", and "qualified specialist" appropriate
23		to each category of children with disabilities as defined in
24		this Article. For purposes of determining the eligibility of
25		children from homes in which a language other than English is

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1		used, the State Board of Education shall include in the rules
2		definitions for "qualified bilingual specialists" and
3		"linguistically and culturally appropriate individualized
4		educational programs". For purposes of this Section, as well as
5		Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
6		"parent" means a parent as defined in the federal Individuals
7		with Disabilities Education Act (20 U.S.C. 1401(23)).
8		(b) No child shall be eligible for special education
9		facilities except with a carefully completed case study fully
10		reviewed by professional personnel in a multidisciplinary
11		staff conference and only upon the recommendation of qualified
12		specialists or a qualified bilingual specialist, if available.
13		At the conclusion of the multidisciplinary staff conference,
14		the parent of the child shall be given a copy of the
15		multidisciplinary conference summary report and
16		recommendations, which includes options considered, and be
17		informed of their right to obtain an independent educational
18		evaluation if they disagree with the evaluation findings
19		conducted or obtained by the school district. If the school
20		district's evaluation is shown to be inappropriate, the school
21		district shall reimburse the parent for the cost of the
22		independent evaluation. The State Board of Education shall,
23		with advice from the State Advisory Council on Education of
24		Children with Disabilities on the inclusion of specific
25		independent educational evaluators, prepare a list of
26		suggested independent educational evaluators. The State Board

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1		of Education shall include on the list clinical psychologists
2		licensed pursuant to the Clinical Psychologist Licensing Act.
3		Such psychologists shall not be paid fees in excess of the
4		amount that would be received by a school psychologist for
5		performing the same services. The State Board of Education
6		shall supply school districts with such list and make the list
7		available to parents at their request. School districts shall
8		make the list available to parents at the time they are
9		informed of their right to obtain an independent educational
10		evaluation. However, the school district may initiate an
11		impartial due process hearing under this Section within 5 days
12		of any written parent request for an independent educational
13		evaluation to show that its evaluation is appropriate. If the
14		final decision is that the evaluation is appropriate, the
15		parent still has a right to an independent educational
16		evaluation, but not at public expense. An independent
17		educational evaluation at public expense must be completed
18		within 30 days of a parent written request unless the school
19		district initiates an impartial due process hearing or the
20		parent or school district offers reasonable grounds to show
21		that such 30 day time period should be extended. If the due
22		process hearing decision indicates that the parent is entitled
23		to an independent educational evaluation, it must be completed
24		within 30 days of the decision unless the parent or the school
25		district offers reasonable grounds to show that such 30 day
26		period should be extended. If a parent disagrees with the

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1		summary report or recommendations of the multidisciplinary
2		conference or the findings of any educational evaluation which
3		results therefrom, the school district shall not proceed with a
4		placement based upon such evaluation and the child shall remain
5		in his or her regular classroom setting. No child shall be
6		eligible for admission to a special class for children with a
7		mental disability who are educable or for children with a
8		mental disability who are trainable except with a psychological
9		evaluation and recommendation by a school psychologist.
10		Consent shall be obtained from the parent of a child before any
11		evaluation is conducted. If consent is not given by the parent
12		or if the parent disagrees with the findings of the evaluation,
13		then the school district may initiate an impartial due process
14		hearing under this Section. The school district may evaluate
15		the child if that is the decision resulting from the impartial
16		due process hearing and the decision is not appealed or if the
17		decision is affirmed on appeal. The determination of
18		eligibility shall be made and the IEP meeting shall be
19		completed within 60 school days from the date of written
20		parental consent. In those instances when written parental
21		consent is obtained with fewer than 60 pupil attendance days
22		left in the school year, the eligibility determination shall be
23		made and the IEP meeting shall be completed prior to the first
24		day of the following school year. Special education and related
25		services must be provided in accordance with the student's IEP
26		no later than 10 school attendance days after notice is

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1		provided to the parents pursuant to Section 300.503 of Title 34
2		of the Code of Federal Regulations and implementing rules
3		adopted by the State Board of Education. The appropriate
4		program pursuant to the individualized educational program of
5		students whose native tongue is a language other than English
6		shall reflect the special education, cultural and linguistic
7		needs. No later than September 1, 1993, the State Board of
8		Education shall establish standards for the development,
9		implementation and monitoring of appropriate bilingual special
10		individualized educational programs. The State Board of
11		Education shall further incorporate appropriate monitoring
12		procedures to verify implementation of these standards. The
13		district shall indicate to the parent and the State Board of
14		Education the nature of the services the child will receive for
15		the regular school term while waiting placement in the
16		appropriate special education class.
17		If the child is deaf, hard of hearing, blind, or visually
18		impaired and he or she might be eligible to receive services
19		from the Illinois School for the Deaf or the Illinois School
20		for the Visually Impaired, the school district shall notify the
21		parents, in writing, of the existence of these schools and the
22		services they provide and shall make a reasonable effort to
23		inform the parents of the existence of other, local schools
24		that provide similar services and the services that these other
25		schools provide. This notification shall include without
26		limitation information on school services, school admissions

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1		criteria, and school contact information.
2		In the development of the individualized education program
3		for a student who has a disability on the autism spectrum
4		(which includes autistic disorder, Asperger's disorder,
5		pervasive developmental disorder not otherwise specified,
6		childhood disintegrative disorder, and Rett Syndrome, as
7		defined in the Diagnostic and Statistical Manual of Mental
8		Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
9		consider all of the following factors:
10		(1) The verbal and nonverbal communication needs of the
11		child.
12		(2) The need to develop social interaction skills and
13		proficiencies.
14		(3) The needs resulting from the child's unusual
15		responses to sensory experiences.
16		(4) The needs resulting from resistance to
17		environmental change or change in daily routines.
18		(5) The needs resulting from engagement in repetitive
19		activities and stereotyped movements.
20		(6) The need for any positive behavioral
21		interventions, strategies, and supports to address any
22		behavioral difficulties resulting from autism spectrum
23		disorder.
24		(7) Other needs resulting from the child's disability
25		that impact progress in the general curriculum, including
26		social and emotional development.

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1		Public Act 95-257 does not create any new entitlement to a
2		service, program, or benefit, but must not affect any
3		entitlement to a service, program, or benefit created by any
4		other law.
5		If the student may be eligible to participate in the
6		Home-Based Support Services Program for Adults with Mental
7		Disabilities authorized under the Developmental Disability and
8		Mental Disability Services Act upon becoming an adult, the
9		student's individualized education program shall include plans
10		for (i) determining the student's eligibility for those
11		home-based services, (ii) enrolling the student in the program
12		of home-based services, and (iii) developing a plan for the
13		student's most effective use of the home-based services after
14		the student becomes an adult and no longer receives special
15		educational services under this Article. The plans developed
16		under this paragraph shall include specific actions to be taken
17		by specified individuals, agencies, or officials.
18		(c) In the development of the individualized education
19		program for a student who is functionally blind, it shall be
20		presumed that proficiency in Braille reading and writing is
21		essential for the student's satisfactory educational progress.
22		For purposes of this subsection, the State Board of Education
23		shall determine the criteria for a student to be classified as
24		functionally blind. Students who are not currently identified
25		as functionally blind who are also entitled to Braille
26		instruction include: (i) those whose vision loss is so severe

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1		that they are unable to read and write at a level comparable to
2		their peers solely through the use of vision, and (ii) those
3		who show evidence of progressive vision loss that may result in
4		functional blindness. Each student who is functionally blind
5		shall be entitled to Braille reading and writing instruction
6		that is sufficient to enable the student to communicate with
7		the same level of proficiency as other students of comparable
8		ability. Instruction should be provided to the extent that the
9		student is physically and cognitively able to use Braille.
10		Braille instruction may be used in combination with other
11		special education services appropriate to the student's
12		educational needs. The assessment of each student who is
13		functionally blind for the purpose of developing the student's
14		individualized education program shall include documentation
15		of the student's strengths and weaknesses in Braille skills.
16		Each person assisting in the development of the individualized
17		education program for a student who is functionally blind shall
18		receive information describing the benefits of Braille
19		instruction. The individualized education program for each
20		student who is functionally blind shall specify the appropriate
21		learning medium or media based on the assessment report.
22		(d) To the maximum extent appropriate, the placement shall
23		provide the child with the opportunity to be educated with
24		children who do not have a disability; provided that children
25		with disabilities who are recommended to be placed into regular
26		education classrooms are provided with supplementary services

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1		to assist the children with disabilities to benefit from the
2		regular classroom instruction and are included on the teacher's
3		regular education class register. Subject to the limitation of
4		the preceding sentence, placement in special classes, separate
5		schools or other removal of the child with a disability from
6		the regular educational environment shall occur only when the
7		nature of the severity of the disability is such that education
8		in the regular classes with the use of supplementary aids and
9		services cannot be achieved satisfactorily. The placement of
10		English learners with disabilities shall be in non-restrictive
11		environments which provide for integration with peers who do
12		not have disabilities in bilingual classrooms. Annually, each
13		January, school districts shall report data on students from
14		non-English speaking backgrounds receiving special education
15		and related services in public and private facilities as
16		prescribed in Section 2-3.30. If there is a disagreement
17		between parties involved regarding the special education
18		placement of any child, either in-state or out-of-state, the
19		placement is subject to impartial due process procedures
20		described in Article 10 of the Rules and Regulations to Govern
21		the Administration and Operation of Special Education.
22		(e) No child who comes from a home in which a language
23		other than English is the principal language used may be
24		assigned to any class or program under this Article until he
25		has been given, in the principal language used by the child and
26		used in his home, tests reasonably related to his cultural

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1		environment. All testing and evaluation materials and
2		procedures utilized for evaluation and placement shall not be
3		linguistically, racially or culturally discriminatory.
4		(f) Nothing in this Article shall be construed to require
5		any child to undergo any physical examination or medical
6		treatment whose parents object thereto on the grounds that such
7		examination or treatment conflicts with his religious beliefs.
8		(g) School boards or their designee shall provide to the
9		parents of a child prior written notice of any decision (a)
10		proposing to initiate or change, or (b) refusing to initiate or
11		change, the identification, evaluation, or educational
12		placement of the child or the provision of a free appropriate
13		public education to their child, and the reasons therefor. Such
14		written notification shall also inform the parent of the
15		opportunity to present complaints with respect to any matter
16		relating to the educational placement of the student, or the
17		provision of a free appropriate public education and to have an
18		impartial due process hearing on the complaint. The notice
19		shall inform the parents in the parents' native language,
20		unless it is clearly not feasible to do so, of their rights and
21		all procedures available pursuant to this Act and the federal
22		Individuals with Disabilities Education Improvement Act of
23		2004 (Public Law 108-446); it shall be the responsibility of
24		the State Superintendent to develop uniform notices setting
25		forth the procedures available under this Act and the federal
26		Individuals with Disabilities Education Improvement Act of

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1		2004 (Public Law 108-446) to be used by all school boards. The
2		notice shall also inform the parents of the availability upon
3		request of a list of free or low-cost legal and other relevant
4		services available locally to assist parents in initiating an
5		impartial due process hearing. Any parent who is deaf, or does
6		not normally communicate using spoken English, who
7		participates in a meeting with a representative of a local
8		educational agency for the purposes of developing an
9		individualized educational program shall be entitled to the
10		services of an interpreter.
11		(g-5) For purposes of this subsection (g-5), "qualified
12		professional" means an individual who holds credentials to
13		evaluate the child in the domain or domains for which an
14		evaluation is sought or an intern working under the direct
15		supervision of a qualified professional, including a master's
16		or doctoral degree candidate.
17		To ensure that a parent can participate fully and
18		effectively with school personnel in the development of
19		appropriate educational and related services for his or her
20		child, the parent, an independent educational evaluator, or a
21		qualified professional retained by or on behalf of a parent or
22		child must be afforded reasonable access to educational
23		facilities, personnel, classrooms, and buildings and to the
24		child as provided in this subsection (g-5). The requirements of
25		this subsection (g-5) apply to any public school facility,
26		building, or program and to any facility, building, or program

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1		supported in whole or in part by public funds. Prior to
2		visiting a school, school building, or school facility, the
3		parent, independent educational evaluator, or qualified
4		professional may be required by the school district to inform
5		the building principal or supervisor in writing of the proposed
6		visit, the purpose of the visit, and the approximate duration
7		of the visit. The visitor and the school district shall arrange
8		the visit or visits at times that are mutually agreeable.
9		Visitors shall comply with school safety, security, and
10		visitation policies at all times. School district visitation
11		policies must not conflict with this subsection (g-5). Visitors
12		shall be required to comply with the requirements of applicable
13		privacy laws, including those laws protecting the
14		confidentiality of education records such as the federal Family
15		Educational Rights and Privacy Act and the Illinois School
16		Student Records Act. The visitor shall not disrupt the
17		educational process.
18		(1) A parent must be afforded reasonable access of
19		sufficient duration and scope for the purpose of observing
20		his or her child in the child's current educational
21		placement, services, or program or for the purpose of
22		visiting an educational placement or program proposed for
23		the child.
24		(2) An independent educational evaluator or a
25		qualified professional retained by or on behalf of a parent
26		or child must be afforded reasonable access of sufficient

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1		duration and scope for the purpose of conducting an
2		evaluation of the child, the child's performance, the
3		child's current educational program, placement, services,
4		or environment, or any educational program, placement,
5		services, or environment proposed for the child, including
6		interviews of educational personnel, child observations,
7		assessments, tests or assessments of the child's
8		educational program, services, or placement or of any
9		proposed educational program, services, or placement. If
10		one or more interviews of school personnel are part of the
11		evaluation, the interviews must be conducted at a mutually
12		agreed upon time, date, and place that do not interfere
13		with the school employee's school duties. The school
14		district may limit interviews to personnel having
15		information relevant to the child's current educational
16		services, program, or placement or to a proposed
17		educational service, program, or placement.
18		(h) (Blank).
19		(i) (Blank).
20		(j) (Blank).
21		(k) (Blank).
22		(l) (Blank).
23		(m) (Blank).
24		(n) (Blank).
25		(o) (Blank).
26		(Source: P.A. 98-219, eff. 8-9-13; 99-30, eff. 7-10-15; 99-143,

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1		eff. 7-27-15; revised 10-21-15.)
2		(105 ILCS 5/19-1)
3		Sec. 19-1. Debt limitations of school districts.
4		(a) School districts shall not be subject to the provisions
5		limiting their indebtedness prescribed in the Local Government
6		Debt Limitation Act "An Act to limit the indebtedness of
7		counties having a population of less than 500,000 and
8		townships, school districts and other municipal corporations
9		having a population of less than 300,000", approved February
10		15, 1928, as amended.
11		No school districts maintaining grades K through 8 or 9
12		through 12 shall become indebted in any manner or for any
13		purpose to an amount, including existing indebtedness, in the
14		aggregate exceeding 6.9% on the value of the taxable property
15		therein to be ascertained by the last assessment for State and
16		county taxes or, until January 1, 1983, if greater, the sum
17		that is produced by multiplying the school district's 1978
18		equalized assessed valuation by the debt limitation percentage
19		in effect on January 1, 1979, previous to the incurring of such
20		indebtedness.
21		No school districts maintaining grades K through 12 shall
22		become indebted in any manner or for any purpose to an amount,
23		including existing indebtedness, in the aggregate exceeding
24		13.8% on the value of the taxable property therein to be
25		ascertained by the last assessment for State and county taxes

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1		or, until January 1, 1983, if greater, the sum that is produced
2		by multiplying the school district's 1978 equalized assessed
3		valuation by the debt limitation percentage in effect on
4		January 1, 1979, previous to the incurring of such
5		indebtedness.
6		No partial elementary unit district, as defined in Article
7		11E of this Code, shall become indebted in any manner or for
8		any purpose in an amount, including existing indebtedness, in
9		the aggregate exceeding 6.9% of the value of the taxable
10		property of the entire district, to be ascertained by the last
11		assessment for State and county taxes, plus an amount,
12		including existing indebtedness, in the aggregate exceeding
13		6.9% of the value of the taxable property of that portion of
14		the district included in the elementary and high school
15		classification, to be ascertained by the last assessment for
16		State and county taxes. Moreover, no partial elementary unit
17		district, as defined in Article 11E of this Code, shall become
18		indebted on account of bonds issued by the district for high
19		school purposes in the aggregate exceeding 6.9% of the value of
20		the taxable property of the entire district, to be ascertained
21		by the last assessment for State and county taxes, nor shall
22		the district become indebted on account of bonds issued by the
23		district for elementary purposes in the aggregate exceeding
24		6.9% of the value of the taxable property for that portion of
25		the district included in the elementary and high school
26		classification, to be ascertained by the last assessment for

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1		State and county taxes.
2		Notwithstanding the provisions of any other law to the
3		contrary, in any case in which the voters of a school district
4		have approved a proposition for the issuance of bonds of such
5		school district at an election held prior to January 1, 1979,
6		and all of the bonds approved at such election have not been
7		issued, the debt limitation applicable to such school district
8		during the calendar year 1979 shall be computed by multiplying
9		the value of taxable property therein, including personal
10		property, as ascertained by the last assessment for State and
11		county taxes, previous to the incurring of such indebtedness,
12		by the percentage limitation applicable to such school district
13		under the provisions of this subsection (a).
14		(b) Notwithstanding the debt limitation prescribed in
15		subsection (a) of this Section, additional indebtedness may be
16		incurred in an amount not to exceed the estimated cost of
17		acquiring or improving school sites or constructing and
18		equipping additional building facilities under the following
19		conditions:
20		(1) Whenever the enrollment of students for the next
21		school year is estimated by the board of education to
22		increase over the actual present enrollment by not less
23		than 35% or by not less than 200 students or the actual
24		present enrollment of students has increased over the
25		previous school year by not less than 35% or by not less
26		than 200 students and the board of education determines

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1		that additional school sites or building facilities are
2		required as a result of such increase in enrollment; and
3		(2) When the Regional Superintendent of Schools having
4		jurisdiction over the school district and the State
5		Superintendent of Education concur in such enrollment
6		projection or increase and approve the need for such
7		additional school sites or building facilities and the
8		estimated cost thereof; and
9		(3) When the voters in the school district approve a
10		proposition for the issuance of bonds for the purpose of
11		acquiring or improving such needed school sites or
12		constructing and equipping such needed additional building
13		facilities at an election called and held for that purpose.
14		Notice of such an election shall state that the amount of
15		indebtedness proposed to be incurred would exceed the debt
16		limitation otherwise applicable to the school district.
17		The ballot for such proposition shall state what percentage
18		of the equalized assessed valuation will be outstanding in
19		bonds if the proposed issuance of bonds is approved by the
20		voters; or
21		(4) Notwithstanding the provisions of paragraphs (1)
22		through (3) of this subsection (b), if the school board
23		determines that additional facilities are needed to
24		provide a quality educational program and not less than 2/3
25		of those voting in an election called by the school board
26		on the question approve the issuance of bonds for the

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1		construction of such facilities, the school district may
2		issue bonds for this purpose; or
3		(5) Notwithstanding the provisions of paragraphs (1)
4		through (3) of this subsection (b), if (i) the school
5		district has previously availed itself of the provisions of
6		paragraph (4) of this subsection (b) to enable it to issue
7		bonds, (ii) the voters of the school district have not
8		defeated a proposition for the issuance of bonds since the
9		referendum described in paragraph (4) of this subsection
10		(b) was held, (iii) the school board determines that
11		additional facilities are needed to provide a quality
12		educational program, and (iv) a majority of those voting in
13		an election called by the school board on the question
14		approve the issuance of bonds for the construction of such
15		facilities, the school district may issue bonds for this
16		purpose.
17		In no event shall the indebtedness incurred pursuant to
18		this subsection (b) and the existing indebtedness of the school
19		district exceed 15% of the value of the taxable property
20		therein to be ascertained by the last assessment for State and
21		county taxes, previous to the incurring of such indebtedness
22		or, until January 1, 1983, if greater, the sum that is produced
23		by multiplying the school district's 1978 equalized assessed
24		valuation by the debt limitation percentage in effect on
25		January 1, 1979.
26		The indebtedness provided for by this subsection (b) shall

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1		be in addition to and in excess of any other debt limitation.
2		(c) Notwithstanding the debt limitation prescribed in
3		subsection (a) of this Section, in any case in which a public
4		question for the issuance of bonds of a proposed school
5		district maintaining grades kindergarten through 12 received
6		at least 60% of the valid ballots cast on the question at an
7		election held on or prior to November 8, 1994, and in which the
8		bonds approved at such election have not been issued, the
9		school district pursuant to the requirements of Section 11A-10
10		(now repealed) may issue the total amount of bonds approved at
11		such election for the purpose stated in the question.
12		(d) Notwithstanding the debt limitation prescribed in
13		subsection (a) of this Section, a school district that meets
14		all the criteria set forth in paragraphs (1) and (2) of this
15		subsection (d) may incur an additional indebtedness in an
16		amount not to exceed $4,500,000, even though the amount of the
17		additional indebtedness authorized by this subsection (d),
18		when incurred and added to the aggregate amount of indebtedness
19		of the district existing immediately prior to the district
20		incurring the additional indebtedness authorized by this
21		subsection (d), causes the aggregate indebtedness of the
22		district to exceed the debt limitation otherwise applicable to
23		that district under subsection (a):
24		(1) The additional indebtedness authorized by this
25		subsection (d) is incurred by the school district through
26		the issuance of bonds under and in accordance with Section

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1		17-2.11a for the purpose of replacing a school building
2		which, because of mine subsidence damage, has been closed
3		as provided in paragraph (2) of this subsection (d) or
4		through the issuance of bonds under and in accordance with
5		Section 19-3 for the purpose of increasing the size of, or
6		providing for additional functions in, such replacement
7		school buildings, or both such purposes.
8		(2) The bonds issued by the school district as provided
9		in paragraph (1) above are issued for the purposes of
10		construction by the school district of a new school
11		building pursuant to Section 17-2.11, to replace an
12		existing school building that, because of mine subsidence
13		damage, is closed as of the end of the 1992-93 school year
14		pursuant to action of the regional superintendent of
15		schools of the educational service region in which the
16		district is located under Section 3-14.22 or are issued for
17		the purpose of increasing the size of, or providing for
18		additional functions in, the new school building being
19		constructed to replace a school building closed as the
20		result of mine subsidence damage, or both such purposes.
21		(e) (Blank).
22		(f) Notwithstanding the provisions of subsection (a) of
23		this Section or of any other law, bonds in not to exceed the
24		aggregate amount of $5,500,000 and issued by a school district
25		meeting the following criteria shall not be considered
26		indebtedness for purposes of any statutory limitation and may

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1		be issued in an amount or amounts, including existing
2		indebtedness, in excess of any heretofore or hereafter imposed
3		statutory limitation as to indebtedness:
4		(1) At the time of the sale of such bonds, the board of
5		education of the district shall have determined by
6		resolution that the enrollment of students in the district
7		is projected to increase by not less than 7% during each of
8		the next succeeding 2 school years.
9		(2) The board of education shall also determine by
10		resolution that the improvements to be financed with the
11		proceeds of the bonds are needed because of the projected
12		enrollment increases.
13		(3) The board of education shall also determine by
14		resolution that the projected increases in enrollment are
15		the result of improvements made or expected to be made to
16		passenger rail facilities located in the school district.
17		Notwithstanding the provisions of subsection (a) of this
18		Section or of any other law, a school district that has availed
19		itself of the provisions of this subsection (f) prior to July
20		22, 2004 (the effective date of Public Act 93-799) may also
21		issue bonds approved by referendum up to an amount, including
22		existing indebtedness, not exceeding 25% of the equalized
23		assessed value of the taxable property in the district if all
24		of the conditions set forth in items (1), (2), and (3) of this
25		subsection (f) are met.
26		(g) Notwithstanding the provisions of subsection (a) of

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1		this Section or any other law, bonds in not to exceed an
2		aggregate amount of 25% of the equalized assessed value of the
3		taxable property of a school district and issued by a school
4		district meeting the criteria in paragraphs (i) through (iv) of
5		this subsection shall not be considered indebtedness for
6		purposes of any statutory limitation and may be issued pursuant
7		to resolution of the school board in an amount or amounts,
8		including existing indebtedness, in excess of any statutory
9		limitation of indebtedness heretofore or hereafter imposed:
10		(i) The bonds are issued for the purpose of
11		constructing a new high school building to replace two
12		adjacent existing buildings which together house a single
13		high school, each of which is more than 65 years old, and
14		which together are located on more than 10 acres and less
15		than 11 acres of property.
16		(ii) At the time the resolution authorizing the
17		issuance of the bonds is adopted, the cost of constructing
18		a new school building to replace the existing school
19		building is less than 60% of the cost of repairing the
20		existing school building.
21		(iii) The sale of the bonds occurs before July 1, 1997.
22		(iv) The school district issuing the bonds is a unit
23		school district located in a county of less than 70,000 and
24		more than 50,000 inhabitants, which has an average daily
25		attendance of less than 1,500 and an equalized assessed
26		valuation of less than $29,000,000.

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1		(h) Notwithstanding any other provisions of this Section or
2		the provisions of any other law, until January 1, 1998, a
3		community unit school district maintaining grades K through 12
4		may issue bonds up to an amount, including existing
5		indebtedness, not exceeding 27.6% of the equalized assessed
6		value of the taxable property in the district, if all of the
7		following conditions are met:
8		(i) The school district has an equalized assessed
9		valuation for calendar year 1995 of less than $24,000,000;
10		(ii) The bonds are issued for the capital improvement,
11		renovation, rehabilitation, or replacement of existing
12		school buildings of the district, all of which buildings
13		were originally constructed not less than 40 years ago;
14		(iii) The voters of the district approve a proposition
15		for the issuance of the bonds at a referendum held after
16		March 19, 1996; and
17		(iv) The bonds are issued pursuant to Sections 19-2
18		through 19-7 of this Code.
19		(i) Notwithstanding any other provisions of this Section or
20		the provisions of any other law, until January 1, 1998, a
21		community unit school district maintaining grades K through 12
22		may issue bonds up to an amount, including existing
23		indebtedness, not exceeding 27% of the equalized assessed value
24		of the taxable property in the district, if all of the
25		following conditions are met:
26		(i) The school district has an equalized assessed

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1		valuation for calendar year 1995 of less than $44,600,000;
2		(ii) The bonds are issued for the capital improvement,
3		renovation, rehabilitation, or replacement of existing
4		school buildings of the district, all of which existing
5		buildings were originally constructed not less than 80
6		years ago;
7		(iii) The voters of the district approve a proposition
8		for the issuance of the bonds at a referendum held after
9		December 31, 1996; and
10		(iv) The bonds are issued pursuant to Sections 19-2
11		through 19-7 of this Code.
12		(j) Notwithstanding any other provisions of this Section or
13		the provisions of any other law, until January 1, 1999, a
14		community unit school district maintaining grades K through 12
15		may issue bonds up to an amount, including existing
16		indebtedness, not exceeding 27% of the equalized assessed value
17		of the taxable property in the district if all of the following
18		conditions are met:
19		(i) The school district has an equalized assessed
20		valuation for calendar year 1995 of less than $140,000,000
21		and a best 3 months average daily attendance for the
22		1995-96 school year of at least 2,800;
23		(ii) The bonds are issued to purchase a site and build
24		and equip a new high school, and the school district's
25		existing high school was originally constructed not less
26		than 35 years prior to the sale of the bonds;

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1		(iii) At the time of the sale of the bonds, the board
2		of education determines by resolution that a new high
3		school is needed because of projected enrollment
4		increases;
5		(iv) At least 60% of those voting in an election held
6		after December 31, 1996 approve a proposition for the
7		issuance of the bonds; and
8		(v) The bonds are issued pursuant to Sections 19-2
9		through 19-7 of this Code.
10		(k) Notwithstanding the debt limitation prescribed in
11		subsection (a) of this Section, a school district that meets
12		all the criteria set forth in paragraphs (1) through (4) of
13		this subsection (k) may issue bonds to incur an additional
14		indebtedness in an amount not to exceed $4,000,000 even though
15		the amount of the additional indebtedness authorized by this
16		subsection (k), when incurred and added to the aggregate amount
17		of indebtedness of the school district existing immediately
18		prior to the school district incurring such additional
19		indebtedness, causes the aggregate indebtedness of the school
20		district to exceed or increases the amount by which the
21		aggregate indebtedness of the district already exceeds the debt
22		limitation otherwise applicable to that school district under
23		subsection (a):
24		(1) the school district is located in 2 counties, and a
25		referendum to authorize the additional indebtedness was
26		approved by a majority of the voters of the school district

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1		voting on the proposition to authorize that indebtedness;
2		(2) the additional indebtedness is for the purpose of
3		financing a multi-purpose room addition to the existing
4		high school;
5		(3) the additional indebtedness, together with the
6		existing indebtedness of the school district, shall not
7		exceed 17.4% of the value of the taxable property in the
8		school district, to be ascertained by the last assessment
9		for State and county taxes; and
10		(4) the bonds evidencing the additional indebtedness
11		are issued, if at all, within 120 days of August 14, 1998
12		(the effective date of Public Act 90-757) this amendatory
13		Act of 1998.
14		(l) Notwithstanding any other provisions of this Section or
15		the provisions of any other law, until January 1, 2000, a
16		school district maintaining grades kindergarten through 8 may
17		issue bonds up to an amount, including existing indebtedness,
18		not exceeding 15% of the equalized assessed value of the
19		taxable property in the district if all of the following
20		conditions are met:
21		(i) the district has an equalized assessed valuation
22		for calendar year 1996 of less than $10,000,000;
23		(ii) the bonds are issued for capital improvement,
24		renovation, rehabilitation, or replacement of one or more
25		school buildings of the district, which buildings were
26		originally constructed not less than 70 years ago;

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1		(iii) the voters of the district approve a proposition
2		for the issuance of the bonds at a referendum held on or
3		after March 17, 1998; and
4		(iv) the bonds are issued pursuant to Sections 19-2
5		through 19-7 of this Code.
6		(m) Notwithstanding any other provisions of this Section or
7		the provisions of any other law, until January 1, 1999, an
8		elementary school district maintaining grades K through 8 may
9		issue bonds up to an amount, excluding existing indebtedness,
10		not exceeding 18% of the equalized assessed value of the
11		taxable property in the district, if all of the following
12		conditions are met:
13		(i) The school district has an equalized assessed
14		valuation for calendar year 1995 or less than $7,700,000;
15		(ii) The school district operates 2 elementary
16		attendance centers that until 1976 were operated as the
17		attendance centers of 2 separate and distinct school
18		districts;
19		(iii) The bonds are issued for the construction of a
20		new elementary school building to replace an existing
21		multi-level elementary school building of the school
22		district that is not accessible at all levels and parts of
23		which were constructed more than 75 years ago;
24		(iv) The voters of the school district approve a
25		proposition for the issuance of the bonds at a referendum
26		held after July 1, 1998; and

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1		(v) The bonds are issued pursuant to Sections 19-2
2		through 19-7 of this Code.
3		(n) Notwithstanding the debt limitation prescribed in
4		subsection (a) of this Section or any other provisions of this
5		Section or of any other law, a school district that meets all
6		of the criteria set forth in paragraphs (i) through (vi) of
7		this subsection (n) may incur additional indebtedness by the
8		issuance of bonds in an amount not exceeding the amount
9		certified by the Capital Development Board to the school
10		district as provided in paragraph (iii) of this subsection (n),
11		even though the amount of the additional indebtedness so
12		authorized, when incurred and added to the aggregate amount of
13		indebtedness of the district existing immediately prior to the
14		district incurring the additional indebtedness authorized by
15		this subsection (n), causes the aggregate indebtedness of the
16		district to exceed the debt limitation otherwise applicable by
17		law to that district:
18		(i) The school district applies to the State Board of
19		Education for a school construction project grant and
20		submits a district facilities plan in support of its
21		application pursuant to Section 5-20 of the School
22		Construction Law.
23		(ii) The school district's application and facilities
24		plan are approved by, and the district receives a grant
25		entitlement for a school construction project issued by,
26		the State Board of Education under the School Construction

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1		Law.
2		(iii) The school district has exhausted its bonding
3		capacity or the unused bonding capacity of the district is
4		less than the amount certified by the Capital Development
5		Board to the district under Section 5-15 of the School
6		Construction Law as the dollar amount of the school
7		construction project's cost that the district will be
8		required to finance with non-grant funds in order to
9		receive a school construction project grant under the
10		School Construction Law.
11		(iv) The bonds are issued for a "school construction
12		project", as that term is defined in Section 5-5 of the
13		School Construction Law, in an amount that does not exceed
14		the dollar amount certified, as provided in paragraph (iii)
15		of this subsection (n), by the Capital Development Board to
16		the school district under Section 5-15 of the School
17		Construction Law.
18		(v) The voters of the district approve a proposition
19		for the issuance of the bonds at a referendum held after
20		the criteria specified in paragraphs (i) and (iii) of this
21		subsection (n) are met.
22		(vi) The bonds are issued pursuant to Sections 19-2
23		through 19-7 of the School Code.
24		(o) Notwithstanding any other provisions of this Section or
25		the provisions of any other law, until November 1, 2007, a
26		community unit school district maintaining grades K through 12

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1		may issue bonds up to an amount, including existing
2		indebtedness, not exceeding 20% of the equalized assessed value
3		of the taxable property in the district if all of the following
4		conditions are met:
5		(i) the school district has an equalized assessed
6		valuation for calendar year 2001 of at least $737,000,000
7		and an enrollment for the 2002-2003 school year of at least
8		8,500;
9		(ii) the bonds are issued to purchase school sites,
10		build and equip a new high school, build and equip a new
11		junior high school, build and equip 5 new elementary
12		schools, and make technology and other improvements and
13		additions to existing schools;
14		(iii) at the time of the sale of the bonds, the board
15		of education determines by resolution that the sites and
16		new or improved facilities are needed because of projected
17		enrollment increases;
18		(iv) at least 57% of those voting in a general election
19		held prior to January 1, 2003 approved a proposition for
20		the issuance of the bonds; and
21		(v) the bonds are issued pursuant to Sections 19-2
22		through 19-7 of this Code.
23		(p) Notwithstanding any other provisions of this Section or
24		the provisions of any other law, a community unit school
25		district maintaining grades K through 12 may issue bonds up to
26		an amount, including indebtedness, not exceeding 27% of the

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1		equalized assessed value of the taxable property in the
2		district if all of the following conditions are met:
3		(i) The school district has an equalized assessed
4		valuation for calendar year 2001 of at least $295,741,187
5		and a best 3 months' average daily attendance for the
6		2002-2003 school year of at least 2,394.
7		(ii) The bonds are issued to build and equip 3
8		elementary school buildings; build and equip one middle
9		school building; and alter, repair, improve, and equip all
10		existing school buildings in the district.
11		(iii) At the time of the sale of the bonds, the board
12		of education determines by resolution that the project is
13		needed because of expanding growth in the school district
14		and a projected enrollment increase.
15		(iv) The bonds are issued pursuant to Sections 19-2
16		through 19-7 of this Code.
17		(p-5) Notwithstanding any other provisions of this Section
18		or the provisions of any other law, bonds issued by a community
19		unit school district maintaining grades K through 12 shall not
20		be considered indebtedness for purposes of any statutory
21		limitation and may be issued in an amount or amounts, including
22		existing indebtedness, in excess of any heretofore or hereafter
23		imposed statutory limitation as to indebtedness, if all of the
24		following conditions are met:
25		(i) For each of the 4 most recent years, residential
26		property comprises more than 80% of the equalized assessed

HB5540 Enrolled - 540 - LRB099 16003 AMC 40320 b
1		valuation of the district.
2		(ii) At least 2 school buildings that were constructed
3		40 or more years prior to the issuance of the bonds will be
4		demolished and will be replaced by new buildings or
5		additions to one or more existing buildings.
6		(iii) Voters of the district approve a proposition for
7		the issuance of the bonds at a regularly scheduled
8		election.
9		(iv) At the time of the sale of the bonds, the school
10		board determines by resolution that the new buildings or
11		building additions are needed because of an increase in
12		enrollment projected by the school board.
13		(v) The principal amount of the bonds, including
14		existing indebtedness, does not exceed 25% of the equalized
15		assessed value of the taxable property in the district.
16		(vi) The bonds are issued prior to January 1, 2007,
17		pursuant to Sections 19-2 through 19-7 of this Code.
18		(p-10) Notwithstanding any other provisions of this
19		Section or the provisions of any other law, bonds issued by a
20		community consolidated school district maintaining grades K
21		through 8 shall not be considered indebtedness for purposes of
22		any statutory limitation and may be issued in an amount or
23		amounts, including existing indebtedness, in excess of any
24		heretofore or hereafter imposed statutory limitation as to
25		indebtedness, if all of the following conditions are met:
26		(i) For each of the 4 most recent years, residential

HB5540 Enrolled - 541 - LRB099 16003 AMC 40320 b
1		and farm property comprises more than 80% of the equalized
2		assessed valuation of the district.
3		(ii) The bond proceeds are to be used to acquire and
4		improve school sites and build and equip a school building.
5		(iii) Voters of the district approve a proposition for
6		the issuance of the bonds at a regularly scheduled
7		election.
8		(iv) At the time of the sale of the bonds, the school
9		board determines by resolution that the school sites and
10		building additions are needed because of an increase in
11		enrollment projected by the school board.
12		(v) The principal amount of the bonds, including
13		existing indebtedness, does not exceed 20% of the equalized
14		assessed value of the taxable property in the district.
15		(vi) The bonds are issued prior to January 1, 2007,
16		pursuant to Sections 19-2 through 19-7 of this Code.
17		(p-15) In addition to all other authority to issue bonds,
18		the Oswego Community Unit School District Number 308 may issue
19		bonds with an aggregate principal amount not to exceed
20		$450,000,000, but only if all of the following conditions are
21		met:
22		(i) The voters of the district have approved a
23		proposition for the bond issue at the general election held
24		on November 7, 2006.
25		(ii) At the time of the sale of the bonds, the school
26		board determines, by resolution, that: (A) the building and

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1		equipping of the new high school building, new junior high
2		school buildings, new elementary school buildings, early
3		childhood building, maintenance building, transportation
4		facility, and additions to existing school buildings, the
5		altering, repairing, equipping, and provision of
6		technology improvements to existing school buildings, and
7		the acquisition and improvement of school sites, as the
8		case may be, are required as a result of a projected
9		increase in the enrollment of students in the district; and
10		(B) the sale of bonds for these purposes is authorized by
11		legislation that exempts the debt incurred on the bonds
12		from the district's statutory debt limitation.
13		(iii) The bonds are issued, in one or more bond issues,
14		on or before November 7, 2011, but the aggregate principal
15		amount issued in all such bond issues combined must not
16		exceed $450,000,000.
17		(iv) The bonds are issued in accordance with this
18		Article 19.
19		(v) The proceeds of the bonds are used only to
20		accomplish those projects approved by the voters at the
21		general election held on November 7, 2006.
22		The debt incurred on any bonds issued under this subsection
23		(p-15) shall not be considered indebtedness for purposes of any
24		statutory debt limitation.
25		(p-20) In addition to all other authority to issue bonds,
26		the Lincoln-Way Community High School District Number 210 may

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1		issue bonds with an aggregate principal amount not to exceed
2		$225,000,000, but only if all of the following conditions are
3		met:
4		(i) The voters of the district have approved a
5		proposition for the bond issue at the general primary
6		election held on March 21, 2006.
7		(ii) At the time of the sale of the bonds, the school
8		board determines, by resolution, that: (A) the building and
9		equipping of the new high school buildings, the altering,
10		repairing, and equipping of existing school buildings, and
11		the improvement of school sites, as the case may be, are
12		required as a result of a projected increase in the
13		enrollment of students in the district; and (B) the sale of
14		bonds for these purposes is authorized by legislation that
15		exempts the debt incurred on the bonds from the district's
16		statutory debt limitation.
17		(iii) The bonds are issued, in one or more bond issues,
18		on or before March 21, 2011, but the aggregate principal
19		amount issued in all such bond issues combined must not
20		exceed $225,000,000.
21		(iv) The bonds are issued in accordance with this
22		Article 19.
23		(v) The proceeds of the bonds are used only to
24		accomplish those projects approved by the voters at the
25		primary election held on March 21, 2006.
26		The debt incurred on any bonds issued under this subsection

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1		(p-20) shall not be considered indebtedness for purposes of any
2		statutory debt limitation.
3		(p-25) In addition to all other authority to issue bonds,
4		Rochester Community Unit School District 3A may issue bonds
5		with an aggregate principal amount not to exceed $18,500,000,
6		but only if all of the following conditions are met:
7		(i) The voters of the district approve a proposition
8		for the bond issuance at the general primary election held
9		in 2008.
10		(ii) At the time of the sale of the bonds, the school
11		board determines, by resolution, that: (A) the building and
12		equipping of a new high school building; the addition of
13		classrooms and support facilities at the high school,
14		middle school, and elementary school; the altering,
15		repairing, and equipping of existing school buildings; and
16		the improvement of school sites, as the case may be, are
17		required as a result of a projected increase in the
18		enrollment of students in the district; and (B) the sale of
19		bonds for these purposes is authorized by a law that
20		exempts the debt incurred on the bonds from the district's
21		statutory debt limitation.
22		(iii) The bonds are issued, in one or more bond issues,
23		on or before December 31, 2012, but the aggregate principal
24		amount issued in all such bond issues combined must not
25		exceed $18,500,000.
26		(iv) The bonds are issued in accordance with this

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1		Article 19.
2		(v) The proceeds of the bonds are used to accomplish
3		only those projects approved by the voters at the primary
4		election held in 2008.
5		The debt incurred on any bonds issued under this subsection
6		(p-25) shall not be considered indebtedness for purposes of any
7		statutory debt limitation.
8		(p-30) In addition to all other authority to issue bonds,
9		Prairie Grove Consolidated School District 46 may issue bonds
10		with an aggregate principal amount not to exceed $30,000,000,
11		but only if all of the following conditions are met:
12		(i) The voters of the district approve a proposition
13		for the bond issuance at an election held in 2008.
14		(ii) At the time of the sale of the bonds, the school
15		board determines, by resolution, that (A) the building and
16		equipping of a new school building and additions to
17		existing school buildings are required as a result of a
18		projected increase in the enrollment of students in the
19		district and (B) the altering, repairing, and equipping of
20		existing school buildings are required because of the age
21		of the existing school buildings.
22		(iii) The bonds are issued, in one or more bond
23		issuances, on or before December 31, 2012; however, the
24		aggregate principal amount issued in all such bond
25		issuances combined must not exceed $30,000,000.
26		(iv) The bonds are issued in accordance with this

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1		Article.
2		(v) The proceeds of the bonds are used to accomplish
3		only those projects approved by the voters at an election
4		held in 2008.
5		The debt incurred on any bonds issued under this subsection
6		(p-30) shall not be considered indebtedness for purposes of any
7		statutory debt limitation.
8		(p-35) In addition to all other authority to issue bonds,
9		Prairie Hill Community Consolidated School District 133 may
10		issue bonds with an aggregate principal amount not to exceed
11		$13,900,000, but only if all of the following conditions are
12		met:
13		(i) The voters of the district approved a proposition
14		for the bond issuance at an election held on April 17,
15		2007.
16		(ii) At the time of the sale of the bonds, the school
17		board determines, by resolution, that (A) the improvement
18		of the site of and the building and equipping of a school
19		building are required as a result of a projected increase
20		in the enrollment of students in the district and (B) the
21		repairing and equipping of the Prairie Hill Elementary
22		School building is required because of the age of that
23		school building.
24		(iii) The bonds are issued, in one or more bond
25		issuances, on or before December 31, 2011, but the
26		aggregate principal amount issued in all such bond

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1		issuances combined must not exceed $13,900,000.
2		(iv) The bonds are issued in accordance with this
3		Article.
4		(v) The proceeds of the bonds are used to accomplish
5		only those projects approved by the voters at an election
6		held on April 17, 2007.
7		The debt incurred on any bonds issued under this subsection
8		(p-35) shall not be considered indebtedness for purposes of any
9		statutory debt limitation.
10		(p-40) In addition to all other authority to issue bonds,
11		Mascoutah Community Unit District 19 may issue bonds with an
12		aggregate principal amount not to exceed $55,000,000, but only
13		if all of the following conditions are met:
14		(1) The voters of the district approve a proposition
15		for the bond issuance at a regular election held on or
16		after November 4, 2008.
17		(2) At the time of the sale of the bonds, the school
18		board determines, by resolution, that (i) the building and
19		equipping of a new high school building is required as a
20		result of a projected increase in the enrollment of
21		students in the district and the age and condition of the
22		existing high school building, (ii) the existing high
23		school building will be demolished, and (iii) the sale of
24		bonds is authorized by statute that exempts the debt
25		incurred on the bonds from the district's statutory debt
26		limitation.

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1		(3) The bonds are issued, in one or more bond
2		issuances, on or before December 31, 2011, but the
3		aggregate principal amount issued in all such bond
4		issuances combined must not exceed $55,000,000.
5		(4) The bonds are issued in accordance with this
6		Article.
7		(5) The proceeds of the bonds are used to accomplish
8		only those projects approved by the voters at a regular
9		election held on or after November 4, 2008.
10		The debt incurred on any bonds issued under this subsection
11		(p-40) shall not be considered indebtedness for purposes of any
12		statutory debt limitation.
13		(p-45) Notwithstanding the provisions of subsection (a) of
14		this Section or of any other law, bonds issued pursuant to
15		Section 19-3.5 of this Code shall not be considered
16		indebtedness for purposes of any statutory limitation if the
17		bonds are issued in an amount or amounts, including existing
18		indebtedness of the school district, not in excess of 18.5% of
19		the value of the taxable property in the district to be
20		ascertained by the last assessment for State and county taxes.
21		(p-50) Notwithstanding the provisions of subsection (a) of
22		this Section or of any other law, bonds issued pursuant to
23		Section 19-3.10 of this Code shall not be considered
24		indebtedness for purposes of any statutory limitation if the
25		bonds are issued in an amount or amounts, including existing
26		indebtedness of the school district, not in excess of 43% of

HB5540 Enrolled - 549 - LRB099 16003 AMC 40320 b
1		the value of the taxable property in the district to be
2		ascertained by the last assessment for State and county taxes.
3		(p-55) In addition to all other authority to issue bonds,
4		Belle Valley School District 119 may issue bonds with an
5		aggregate principal amount not to exceed $47,500,000, but only
6		if all of the following conditions are met:
7		(1) The voters of the district approve a proposition
8		for the bond issuance at an election held on or after April
9		7, 2009.
10		(2) Prior to the issuance of the bonds, the school
11		board determines, by resolution, that (i) the building and
12		equipping of a new school building is required as a result
13		of mine subsidence in an existing school building and
14		because of the age and condition of another existing school
15		building and (ii) the issuance of bonds is authorized by
16		statute that exempts the debt incurred on the bonds from
17		the district's statutory debt limitation.
18		(3) The bonds are issued, in one or more bond
19		issuances, on or before March 31, 2014, but the aggregate
20		principal amount issued in all such bond issuances combined
21		must not exceed $47,500,000.
22		(4) The bonds are issued in accordance with this
23		Article.
24		(5) The proceeds of the bonds are used to accomplish
25		only those projects approved by the voters at an election
26		held on or after April 7, 2009.

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1		The debt incurred on any bonds issued under this subsection
2		(p-55) shall not be considered indebtedness for purposes of any
3		statutory debt limitation. Bonds issued under this subsection
4		(p-55) must mature within not to exceed 30 years from their
5		date, notwithstanding any other law to the contrary.
6		(p-60) In addition to all other authority to issue bonds,
7		Wilmington Community Unit School District Number 209-U may
8		issue bonds with an aggregate principal amount not to exceed
9		$2,285,000, but only if all of the following conditions are
10		met:
11		(1) The proceeds of the bonds are used to accomplish
12		only those projects approved by the voters at the general
13		primary election held on March 21, 2006.
14		(2) Prior to the issuance of the bonds, the school
15		board determines, by resolution, that (i) the projects
16		approved by the voters were and are required because of the
17		age and condition of the school district's prior and
18		existing school buildings and (ii) the issuance of the
19		bonds is authorized by legislation that exempts the debt
20		incurred on the bonds from the district's statutory debt
21		limitation.
22		(3) The bonds are issued in one or more bond issuances
23		on or before March 1, 2011, but the aggregate principal
24		amount issued in all those bond issuances combined must not
25		exceed $2,285,000.
26		(4) The bonds are issued in accordance with this

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1		Article.
2		The debt incurred on any bonds issued under this subsection
3		(p-60) shall not be considered indebtedness for purposes of any
4		statutory debt limitation.
5		(p-65) In addition to all other authority to issue bonds,
6		West Washington County Community Unit School District 10 may
7		issue bonds with an aggregate principal amount not to exceed
8		$32,200,000 and maturing over a period not exceeding 25 years,
9		but only if all of the following conditions are met:
10		(1) The voters of the district approve a proposition
11		for the bond issuance at an election held on or after
12		February 2, 2010.
13		(2) Prior to the issuance of the bonds, the school
14		board determines, by resolution, that (A) all or a portion
15		of the existing Okawville Junior/Senior High School
16		Building will be demolished; (B) the building and equipping
17		of a new school building to be attached to and the
18		alteration, repair, and equipping of the remaining portion
19		of the Okawville Junior/Senior High School Building is
20		required because of the age and current condition of that
21		school building; and (C) the issuance of bonds is
22		authorized by a statute that exempts the debt incurred on
23		the bonds from the district's statutory debt limitation.
24		(3) The bonds are issued, in one or more bond
25		issuances, on or before March 31, 2014, but the aggregate
26		principal amount issued in all such bond issuances combined

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1		must not exceed $32,200,000.
2		(4) The bonds are issued in accordance with this
3		Article.
4		(5) The proceeds of the bonds are used to accomplish
5		only those projects approved by the voters at an election
6		held on or after February 2, 2010.
7		The debt incurred on any bonds issued under this subsection
8		(p-65) shall not be considered indebtedness for purposes of any
9		statutory debt limitation.
10		(p-70) In addition to all other authority to issue bonds,
11		Cahokia Community Unit School District 187 may issue bonds with
12		an aggregate principal amount not to exceed $50,000,000, but
13		only if all the following conditions are met:
14		(1) The voters of the district approve a proposition
15		for the bond issuance at an election held on or after
16		November 2, 2010.
17		(2) Prior to the issuance of the bonds, the school
18		board determines, by resolution, that (i) the building and
19		equipping of a new school building is required as a result
20		of the age and condition of an existing school building and
21		(ii) the issuance of bonds is authorized by a statute that
22		exempts the debt incurred on the bonds from the district's
23		statutory debt limitation.
24		(3) The bonds are issued, in one or more issuances, on
25		or before July 1, 2016, but the aggregate principal amount
26		issued in all such bond issuances combined must not exceed

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1		$50,000,000.
2		(4) The bonds are issued in accordance with this
3		Article.
4		(5) The proceeds of the bonds are used to accomplish
5		only those projects approved by the voters at an election
6		held on or after November 2, 2010.
7		The debt incurred on any bonds issued under this subsection
8		(p-70) shall not be considered indebtedness for purposes of any
9		statutory debt limitation. Bonds issued under this subsection
10		(p-70) must mature within not to exceed 25 years from their
11		date, notwithstanding any other law, including Section 19-3 of
12		this Code, to the contrary.
13		(p-75) Notwithstanding the debt limitation prescribed in
14		subsection (a) of this Section or any other provisions of this
15		Section or of any other law, the execution of leases on or
16		after January 1, 2007 and before July 1, 2011 by the Board of
17		Education of Peoria School District 150 with a public building
18		commission for leases entered into pursuant to the Public
19		Building Commission Act shall not be considered indebtedness
20		for purposes of any statutory debt limitation.
21		This subsection (p-75) applies only if the State Board of
22		Education or the Capital Development Board makes one or more
23		grants to Peoria School District 150 pursuant to the School
24		Construction Law. The amount exempted from the debt limitation
25		as prescribed in this subsection (p-75) shall be no greater
26		than the amount of one or more grants awarded to Peoria School

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1		District 150 by the State Board of Education or the Capital
2		Development Board.
3		(p-80) In addition to all other authority to issue bonds,
4		Ridgeland School District 122 may issue bonds with an aggregate
5		principal amount not to exceed $50,000,000 for the purpose of
6		refunding or continuing to refund bonds originally issued
7		pursuant to voter approval at the general election held on
8		November 7, 2000, and the debt incurred on any bonds issued
9		under this subsection (p-80) shall not be considered
10		indebtedness for purposes of any statutory debt limitation.
11		Bonds issued under this subsection (p-80) may be issued in one
12		or more issuances and must mature within not to exceed 25 years
13		from their date, notwithstanding any other law, including
14		Section 19-3 of this Code, to the contrary.
15		(p-85) In addition to all other authority to issue bonds,
16		Hall High School District 502 may issue bonds with an aggregate
17		principal amount not to exceed $32,000,000, but only if all the
18		following conditions are met:
19		(1) The voters of the district approve a proposition
20		for the bond issuance at an election held on or after April
21		9, 2013.
22		(2) Prior to the issuance of the bonds, the school
23		board determines, by resolution, that (i) the building and
24		equipping of a new school building is required as a result
25		of the age and condition of an existing school building,
26		(ii) the existing school building should be demolished in

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1		its entirety or the existing school building should be
2		demolished except for the 1914 west wing of the building,
3		and (iii) the issuance of bonds is authorized by a statute
4		that exempts the debt incurred on the bonds from the
5		district's statutory debt limitation.
6		(3) The bonds are issued, in one or more issuances, not
7		later than 5 years after the date of the referendum
8		approving the issuance of the bonds, but the aggregate
9		principal amount issued in all such bond issuances combined
10		must not exceed $32,000,000.
11		(4) The bonds are issued in accordance with this
12		Article.
13		(5) The proceeds of the bonds are used to accomplish
14		only those projects approved by the voters at an election
15		held on or after April 9, 2013.
16		The debt incurred on any bonds issued under this subsection
17		(p-85) shall not be considered indebtedness for purposes of any
18		statutory debt limitation. Bonds issued under this subsection
19		(p-85) must mature within not to exceed 30 years from their
20		date, notwithstanding any other law, including Section 19-3 of
21		this Code, to the contrary.
22		(p-90) In addition to all other authority to issue bonds,
23		Lebanon Community Unit School District 9 may issue bonds with
24		an aggregate principal amount not to exceed $7,500,000, but
25		only if all of the following conditions are met:
26		(1) The voters of the district approved a proposition

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1		for the bond issuance at the general primary election on
2		February 2, 2010.
3		(2) At or prior to the time of the sale of the bonds,
4		the school board determines, by resolution, that (i) the
5		building and equipping of a new elementary school building
6		is required as a result of a projected increase in the
7		enrollment of students in the district and the age and
8		condition of the existing Lebanon Elementary School
9		building, (ii) a portion of the existing Lebanon Elementary
10		School building will be demolished and the remaining
11		portion will be altered, repaired, and equipped, and (iii)
12		the sale of bonds is authorized by a statute that exempts
13		the debt incurred on the bonds from the district's
14		statutory debt limitation.
15		(3) The bonds are issued, in one or more bond
16		issuances, on or before April 1, 2014, but the aggregate
17		principal amount issued in all such bond issuances combined
18		must not exceed $7,500,000.
19		(4) The bonds are issued in accordance with this
20		Article.
21		(5) The proceeds of the bonds are used to accomplish
22		only those projects approved by the voters at the general
23		primary election held on February 2, 2010.
24		The debt incurred on any bonds issued under this subsection
25		(p-90) shall not be considered indebtedness for purposes of any
26		statutory debt limitation.

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1		(p-95) In addition to all other authority to issue bonds,
2		Monticello Community Unit School District 25 may issue bonds
3		with an aggregate principal amount not to exceed $35,000,000,
4		but only if all of the following conditions are met:
5		(1) The voters of the district approve a proposition
6		for the bond issuance at an election held on or after
7		November 4, 2014.
8		(2) Prior to the issuance of the bonds, the school
9		board determines, by resolution, that (i) the building and
10		equipping of a new school building is required as a result
11		of the age and condition of an existing school building and
12		(ii) the issuance of bonds is authorized by a statute that
13		exempts the debt incurred on the bonds from the district's
14		statutory debt limitation.
15		(3) The bonds are issued, in one or more issuances, on
16		or before July 1, 2020, but the aggregate principal amount
17		issued in all such bond issuances combined must not exceed
18		$35,000,000.
19		(4) The bonds are issued in accordance with this
20		Article.
21		(5) The proceeds of the bonds are used to accomplish
22		only those projects approved by the voters at an election
23		held on or after November 4, 2014.
24		The debt incurred on any bonds issued under this subsection
25		(p-95) shall not be considered indebtedness for purposes of any
26		statutory debt limitation. Bonds issued under this subsection

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1		(p-95) must mature within not to exceed 25 years from their
2		date, notwithstanding any other law, including Section 19-3 of
3		this Code, to the contrary.
4		(p-100) In addition to all other authority to issue bonds,
5		the community unit school district created in the territory
6		comprising Milford Community Consolidated School District 280
7		and Milford Township High School District 233, as approved at
8		the general primary election held on March 18, 2014, may issue
9		bonds with an aggregate principal amount not to exceed
10		$17,500,000, but only if all the following conditions are met:
11		(1) The voters of the district approve a proposition
12		for the bond issuance at an election held on or after
13		November 4, 2014.
14		(2) Prior to the issuance of the bonds, the school
15		board determines, by resolution, that (i) the building and
16		equipping of a new school building is required as a result
17		of the age and condition of an existing school building and
18		(ii) the issuance of bonds is authorized by a statute that
19		exempts the debt incurred on the bonds from the district's
20		statutory debt limitation.
21		(3) The bonds are issued, in one or more issuances, on
22		or before July 1, 2020, but the aggregate principal amount
23		issued in all such bond issuances combined must not exceed
24		$17,500,000.
25		(4) The bonds are issued in accordance with this
26		Article.

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1		(5) The proceeds of the bonds are used to accomplish
2		only those projects approved by the voters at an election
3		held on or after November 4, 2014.
4		The debt incurred on any bonds issued under this subsection
5		(p-100) shall not be considered indebtedness for purposes of
6		any statutory debt limitation. Bonds issued under this
7		subsection (p-100) must mature within not to exceed 25 years
8		from their date, notwithstanding any other law, including
9		Section 19-3 of this Code, to the contrary.
10		(p-105) In addition to all other authority to issue bonds,
11		North Shore School District 112 may issue bonds with an
12		aggregate principal amount not to exceed $150,000,000, but only
13		if all of the following conditions are met:
14		(1) The voters of the district approve a proposition
15		for the bond issuance at an election held on or after March
16		15, 2016.
17		(2) Prior to the issuance of the bonds, the school
18		board determines, by resolution, that (i) the building and
19		equipping of new buildings and improving the sites thereof
20		and the building and equipping of additions to, altering,
21		repairing, equipping, and renovating existing buildings
22		and improving the sites thereof are required as a result of
23		the age and condition of the district's existing buildings
24		and (ii) the issuance of bonds is authorized by a statute
25		that exempts the debt incurred on the bonds from the
26		district's statutory debt limitation.

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1		(3) The bonds are issued, in one or more issuances, not
2		later than 5 years after the date of the referendum
3		approving the issuance of the bonds, but the aggregate
4		principal amount issued in all such bond issuances combined
5		must not exceed $150,000,000.
6		(4) The bonds are issued in accordance with this
7		Article.
8		(5) The proceeds of the bonds are used to accomplish
9		only those projects approved by the voters at an election
10		held on or after March 15, 2016.
11		The debt incurred on any bonds issued under this subsection
12		(p-105) and on any bonds issued to refund or continue to refund
13		such bonds shall not be considered indebtedness for purposes of
14		any statutory debt limitation. Bonds issued under this
15		subsection (p-105) and any bonds issued to refund or continue
16		to refund such bonds must mature within not to exceed 30 years
17		from their date, notwithstanding any other law, including
18		Section 19-3 of this Code, to the contrary.
19		(p-110) In addition to all other authority to issue bonds,
20		Sandoval Community Unit School District 501 may issue bonds
21		with an aggregate principal amount not to exceed $2,000,000,
22		but only if all of the following conditions are met:
23		(1) The voters of the district approved a proposition
24		for the bond issuance at an election held on March 20,
25		2012.
26		(2) Prior to the issuance of the bonds, the school

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1		board determines, by resolution, that (i) the building and
2		equipping of a new school building is required because of
3		the age and current condition of the Sandoval Elementary
4		School building and (ii) the issuance of bonds is
5		authorized by a statute that exempts the debt incurred on
6		the bonds from the district's statutory debt limitation.
7		(3) The bonds are issued, in one or more bond
8		issuances, on or before March 19, 2017, but the aggregate
9		principal amount issued in all such bond issuances combined
10		must not exceed $2,000,000.
11		(4) The bonds are issued in accordance with this
12		Article.
13		(5) The proceeds of the bonds are used to accomplish
14		only those projects approved by the voters at the election
15		held on March 20, 2012.
16		The debt incurred on any bonds issued under this subsection
17		(p-110) shall not be considered indebtedness for purposes of
18		any statutory debt limitation.
19		(q) A school district must notify the State Board of
20		Education prior to issuing any form of long-term or short-term
21		debt that will result in outstanding debt that exceeds 75% of
22		the debt limit specified in this Section or any other provision
23		of law.
24		(Source: P.A. 98-617, eff. 1-7-14; 98-912, eff. 8-15-14;
25		98-916, eff. 8-15-14; 99-78, eff. 7-20-15; 99-143, eff.
26		7-27-15; 99-390, eff. 8-18-15; revised 10-13-15.)

HB5540 Enrolled - 562 - LRB099 16003 AMC 40320 b
1		(105 ILCS 5/21B-20)
2		Sec. 21B-20. Types of licenses. Before July 1, 2013, the
3		State Board of Education shall implement a system of educator
4		licensure, whereby individuals employed in school districts
5		who are required to be licensed must have one of the following
6		licenses: (i) a professional educator license; (ii) a
7		professional educator license with stipulations; or (iii) a
8		substitute teaching license. References in law regarding
9		individuals certified or certificated or required to be
10		certified or certificated under Article 21 of this Code shall
11		also include individuals licensed or required to be licensed
12		under this Article. The first year of all licenses ends on June
13		30 following one full year of the license being issued.
14		The State Board of Education, in consultation with the
15		State Educator Preparation and Licensure Board, may adopt such
16		rules as may be necessary to govern the requirements for
17		licenses and endorsements under this Section.
18		(1) Professional Educator License. Persons who (i)
19		have successfully completed an approved educator
20		preparation program and are recommended for licensure by
21		the Illinois institution offering the educator preparation
22		program, (ii) have successfully completed the required
23		testing under Section 21B-30 of this Code, (iii) have
24		successfully completed coursework on the psychology of,
25		the identification of, and the methods of instruction for

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1		the exceptional child, including without limitation
2		children with learning disabilities, (iv) have
3		successfully completed coursework in methods of reading
4		and reading in the content area, and (v) have met all other
5		criteria established by rule of the State Board of
6		Education shall be issued a Professional Educator License.
7		All Professional Educator Licenses are valid until June 30
8		immediately following 5 years of the license being issued.
9		The Professional Educator License shall be endorsed with
10		specific areas and grade levels in which the individual is
11		eligible to practice.
12		Individuals can receive subsequent endorsements on the
13		Professional Educator License. Subsequent endorsements
14		shall require a minimum of 24 semester hours of coursework
15		in the endorsement area, unless otherwise specified by
16		rule, and passage of the applicable content area test.
17		(2) Educator License with Stipulations. An Educator
18		License with Stipulations shall be issued an endorsement
19		that limits the license holder to one particular position
20		or does not require completion of an approved educator
21		program or both.
22		An individual with an Educator License with
23		Stipulations must not be employed by a school district or
24		any other entity to replace any presently employed teacher
25		who otherwise would not be replaced for any reason.
26		An Educator License with Stipulations may be issued

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1		with the following endorsements:
2		(A) Provisional educator. A provisional educator
3		endorsement in a specific content area or areas on an
4		Educator License with Stipulations may be issued to an
5		applicant who holds an educator license with a minimum
6		of 15 semester hours in content coursework from another
7		state, U.S. territory, or foreign country and who, at
8		the time of applying for an Illinois license, does not
9		meet the minimum requirements under Section 21B-35 of
10		this Code, but does, at a minimum, meet the following
11		requirements:
12		(i) Holds the equivalent of a minimum of a
13		bachelor's degree, unless a master's degree is
14		required for the endorsement, from a regionally
15		accredited college or university or, for
16		individuals educated in a country other than the
17		United States, the equivalent of a minimum of a
18		bachelor's degree issued in the United States,
19		unless a master's degree is required for the
20		endorsement.
21		(ii) Has passed or passes a test of basic
22		skills and content area test, as required by
23		Section 21B-30 of this Code, prior to or within one
24		year after issuance of the provisional educator
25		endorsement on the Educator License with
26		Stipulations. If an individual who holds an

HB5540 Enrolled - 565 - LRB099 16003 AMC 40320 b
1		Educator License with Stipulations endorsed for
2		provisional educator has not passed a test of basic
3		skills and applicable content area test or tests
4		within one year after issuance of the endorsement,
5		the endorsement shall expire on June 30 following
6		one full year of the endorsement being issued. If
7		such an individual has passed the test of basic
8		skills and applicable content area test or tests
9		either prior to issuance of the endorsement or
10		within one year after issuance of the endorsement,
11		the endorsement is valid until June 30 immediately
12		following 2 years of the license being issued,
13		during which time any and all coursework
14		deficiencies must be met and any and all additional
15		testing deficiencies must be met.
16		In addition, a provisional educator endorsement for
17		principals or superintendents may be issued if the
18		individual meets the requirements set forth in
19		subdivisions (1) and (3) of subsection (b-5) of Section
20		21B-35 of this Code. Applicants who have not been
21		entitled by an Illinois-approved educator preparation
22		program at an Illinois institution of higher education
23		shall not receive a provisional educator endorsement
24		if the person completed an alternative licensure
25		program in another state, unless the program has been
26		determined to be equivalent to Illinois program

HB5540 Enrolled - 566 - LRB099 16003 AMC 40320 b
1		requirements.
2		Notwithstanding any other requirements of this
3		Section, a service member or spouse of a service member
4		may obtain a Professional Educator License with
5		Stipulations, and a provisional educator endorsement
6		in a specific content area or areas, if he or she holds
7		a valid teaching certificate or license in good
8		standing from another state, meets the qualifications
9		of educators outlined in Section 21B-15 of this Code,
10		and has not engaged in any misconduct that would
11		prohibit an individual from obtaining a license
12		pursuant to Illinois law, including without limitation
13		any administrative rules of the State Board of
14		Education.
15		In this Section, "service member" means any person
16		who, at the time of application under this Section, is
17		an active duty member of the United States Armed Forces
18		or any reserve component of the United States Armed
19		Forces or the National Guard of any state,
20		commonwealth, or territory of the United States or the
21		District of Columbia.
22		A provisional educator endorsement is valid until
23		June 30 immediately following 2 years of the license
24		being issued, provided that any remaining testing and
25		coursework deficiencies are met as set forth in this
26		Section. Failure to satisfy all stated deficiencies

HB5540 Enrolled - 567 - LRB099 16003 AMC 40320 b
1		shall mean the individual, including any service
2		member or spouse who has obtained a Professional
3		Educator License with Stipulations and a provisional
4		educator endorsement in a specific content area or
5		areas, is ineligible to receive a Professional
6		Educator License at that time. An Educator License with
7		Stipulations endorsed for provisional educator shall
8		not be renewed for individuals who hold an Educator
9		License with Stipulations and who have held a position
10		in a public school or non-public school recognized by
11		the State Board of Education.
12		(B) Alternative provisional educator. An
13		alternative provisional educator endorsement on an
14		Educator License with Stipulations may be issued to an
15		applicant who, at the time of applying for the
16		endorsement, has done all of the following:
17		(i) Graduated from a regionally accredited
18		college or university with a minimum of a
19		bachelor's degree.
20		(ii) Successfully completed the first phase of
21		the Alternative Educator Licensure Program for
22		Teachers, as described in Section 21B-50 of this
23		Code.
24		(iii) Passed a test of basic skills and content
25		area test, as required under Section 21B-30 of this
26		Code.

HB5540 Enrolled - 568 - LRB099 16003 AMC 40320 b
1		The alternative provisional educator endorsement
2		is valid for 2 years of teaching and may be renewed for
3		a third year by an individual meeting the requirements
4		set forth in Section 21B-50 of this Code.
5		(C) Alternative provisional superintendent. An
6		alternative provisional superintendent endorsement on
7		an Educator License with Stipulations entitles the
8		holder to serve only as a superintendent or assistant
9		superintendent in a school district's central office.
10		This endorsement may only be issued to an applicant
11		who, at the time of applying for the endorsement, has
12		done all of the following:
13		(i) Graduated from a regionally accredited
14		college or university with a minimum of a master's
15		degree in a management field other than education.
16		(ii) Been employed for a period of at least 5
17		years in a management level position in a field
18		other than education.
19		(iii) Successfully completed the first phase
20		of an alternative route to superintendent
21		endorsement program, as provided in Section 21B-55
22		of this Code.
23		(iv) Passed a test of basic skills and content
24		area tests required under Section 21B-30 of this
25		Code.
26		The endorsement may be registered for 2 fiscal

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1		years in order to complete one full year of serving as
2		a superintendent or assistant superintendent.
3		(D) Resident teacher endorsement. A resident
4		teacher endorsement on an Educator License with
5		Stipulations may be issued to an applicant who, at the
6		time of applying for the endorsement, has done all of
7		the following:
8		(i) Graduated from a regionally accredited
9		institution of higher education with a minimum of a
10		bachelor's degree.
11		(ii) Enrolled in an approved Illinois educator
12		preparation program.
13		(iii) Passed a test of basic skills and content
14		area test, as required under Section 21B-30 of this
15		Code.
16		The resident teacher endorsement on an Educator
17		License with Stipulations is valid for 4 years of
18		teaching and shall not be renewed.
19		A resident teacher may teach only under the
20		direction of a licensed teacher, who shall act as the
21		resident mentor teacher, and may not teach in place of
22		a licensed teacher. A resident teacher endorsement on
23		an Educator License with Stipulations shall no longer
24		be valid after June 30, 2017.
25		(E) Career and technical educator. A career and
26		technical educator endorsement on an Educator License

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1		with Stipulations may be issued to an applicant who has
2		a minimum of 60 semester hours of coursework from a
3		regionally accredited institution of higher education
4		and has a minimum of 2,000 hours of experience outside
5		of education in each area to be taught.
6		The career and technical educator endorsement on
7		an Educator License with Stipulations is valid until
8		June 30 immediately following 5 years of the
9		endorsement being issued and may be renewed. For
10		individuals who were issued the career and technical
11		educator endorsement on an Educator License with
12		Stipulations on or after January 1, 2015, the license
13		may be renewed if the individual passes a test of basic
14		skills, as required under Section 21B-30 of this Code.
15		(F) Part-time provisional career and technical
16		educator or provisional career and technical educator.
17		A part-time provisional career and technical educator
18		endorsement or a provisional career and technical
19		educator endorsement on an Educator License with
20		Stipulations may be issued to an applicant who has a
21		minimum of 8,000 hours of work experience in the skill
22		for which the applicant is seeking the endorsement. It
23		is the responsibility of each employing school board
24		and regional office of education to provide
25		verification, in writing, to the State Superintendent
26		of Education at the time the application is submitted

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1		that no qualified teacher holding a Professional
2		Educator License or an Educator License with
3		Stipulations with a career and technical educator
4		endorsement is available and that actual circumstances
5		require such issuance.
6		The provisional career and technical educator
7		endorsement on an Educator License with Stipulations
8		is valid until June 30 immediately following 5 years of
9		the endorsement being issued and may be renewed only
10		one time for 5 years. For individuals who were issued
11		the provisional career and technical educator
12		endorsement on an Educator License with Stipulations
13		on or after January 1, 2015, the license may be renewed
14		one time if the individual passes a test of basic
15		skills, as required under Section 21B-30 of this Code,
16		and has completed a minimum of 20 semester hours from a
17		regionally accredited institution.
18		A part-time provisional career and technical
19		educator endorsement on an Educator License with
20		Stipulations may be issued for teaching no more than 2
21		courses of study for grades 6 through 12. The part-time
22		provisional career and technical educator endorsement
23		on an Educator License with Stipulations is valid until
24		June 30 immediately following 5 years of the
25		endorsement being issued and may be renewed for 5 years
26		if the individual makes application for renewal.

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1		(G) Transitional bilingual educator. A
2		transitional bilingual educator endorsement on an
3		Educator License with Stipulations may be issued for
4		the purpose of providing instruction in accordance
5		with Article 14C of this Code to an applicant who
6		provides satisfactory evidence that he or she meets all
7		of the following requirements:
8		(i) Possesses adequate speaking, reading, and
9		writing ability in the language other than English
10		in which transitional bilingual education is
11		offered.
12		(ii) Has the ability to successfully
13		communicate in English.
14		(iii) Either possessed, within 5 years
15		previous to his or her applying for a transitional
16		bilingual educator endorsement, a valid and
17		comparable teaching certificate or comparable
18		authorization issued by a foreign country or holds
19		a degree from an institution of higher learning in
20		a foreign country that the State Educator
21		Preparation and Licensure Board determines to be
22		the equivalent of a bachelor's degree from a
23		regionally accredited institution of higher
24		learning in the United States.
25		A transitional bilingual educator endorsement
26		shall be valid for prekindergarten through grade 12, is

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1		valid until June 30 immediately following 5 years of
2		the endorsement being issued, and shall not be renewed.
3		Persons holding a transitional bilingual educator
4		endorsement shall not be employed to replace any
5		presently employed teacher who otherwise would not be
6		replaced for any reason.
7		(H) Language endorsement. In an effort to
8		alleviate the shortage of teachers speaking a language
9		other than English in the public schools, an individual
10		who holds an Educator License with Stipulations may
11		also apply for a language endorsement, provided that
12		the applicant provides satisfactory evidence that he
13		or she meets all of the following requirements:
14		(i) Holds a transitional bilingual
15		endorsement.
16		(ii) Has demonstrated proficiency in the
17		language for which the endorsement is to be issued
18		by passing the applicable language content test
19		required by the State Board of Education.
20		(iii) Holds a bachelor's degree or higher from
21		a regionally accredited institution of higher
22		education or, for individuals educated in a
23		country other than the United States, holds a
24		degree from an institution of higher learning in a
25		foreign country that the State Educator
26		Preparation and Licensure Board determines to be

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1		the equivalent of a bachelor's degree from a
2		regionally accredited institution of higher
3		learning in the United States.
4		(iv) Has passed a test of basic skills, as
5		required under Section 21B-30 of this Code.
6		A language endorsement on an Educator License with
7		Stipulations is valid for prekindergarten through
8		grade 12 for the same validity period as the
9		individual's transitional bilingual educator
10		endorsement on the Educator License with Stipulations
11		and shall not be renewed.
12		(I) Visiting international educator. A visiting
13		international educator endorsement on an Educator
14		License with Stipulations may be issued to an
15		individual who is being recruited by a particular
16		school district that conducts formal recruitment
17		programs outside of the United States to secure the
18		services of qualified teachers and who meets all of the
19		following requirements:
20		(i) Holds the equivalent of a minimum of a
21		bachelor's degree issued in the United States.
22		(ii) Has been prepared as a teacher at the
23		grade level for which he or she will be employed.
24		(iii) Has adequate content knowledge in the
25		subject to be taught.
26		(iv) Has an adequate command of the English

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1		language.
2		A holder of a visiting international educator
3		endorsement on an Educator License with Stipulations
4		shall be permitted to teach in bilingual education
5		programs in the language that was the medium of
6		instruction in his or her teacher preparation program,
7		provided that he or she passes the English Language
8		Proficiency Examination or another test of writing
9		skills in English identified by the State Board of
10		Education, in consultation with the State Educator
11		Preparation and Licensure Board.
12		A visiting international educator endorsement on
13		an Educator License with Stipulations is valid for 3
14		years and shall not be renewed.
15		(J) Paraprofessional educator. A paraprofessional
16		educator endorsement on an Educator License with
17		Stipulations may be issued to an applicant who holds a
18		high school diploma or its recognized equivalent and
19		either holds an associate's degree or a minimum of 60
20		semester hours of credit from a regionally accredited
21		institution of higher education or has passed a test of
22		basic skills required under Section 21B-30 of this
23		Code. The paraprofessional educator endorsement is
24		valid until June 30 immediately following 5 years of
25		the endorsement being issued and may be renewed through
26		application and payment of the appropriate fee, as

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1		required under Section 21B-40 of this Code. An
2		individual who holds only a paraprofessional educator
3		endorsement is not subject to additional requirements
4		in order to renew the endorsement.
5		(K) Chief school business official. A chief school
6		business official endorsement on an Educator License
7		with Stipulations may be issued to an applicant who
8		qualifies by having a master's degree or higher, 2
9		years of full-time administrative experience in school
10		business management or 2 years of university-approved
11		practical experience, and a minimum of 24 semester
12		hours of graduate credit in a program approved by the
13		State Board of Education for the preparation of school
14		business administrators and by passage of the
15		applicable State tests, including a test of basic
16		skills and applicable content area test.
17		The chief school business official endorsement may
18		also be affixed to the Educator License with
19		Stipulations of any holder who qualifies by having a
20		master's degree in business administration, finance,
21		or accounting and who completes an additional 6
22		semester hours of internship in school business
23		management from a regionally accredited institution of
24		higher education and passes the applicable State
25		tests, including a test of basic skills and applicable
26		content area test. This endorsement shall be required

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1		for any individual employed as a chief school business
2		official.
3		The chief school business official endorsement on
4		an Educator License with Stipulations is valid until
5		June 30 immediately following 5 years of the
6		endorsement being issued and may be renewed if the
7		license holder completes renewal requirements as
8		required for individuals who hold a Professional
9		Educator License endorsed for chief school business
10		official under Section 21B-45 of this Code and such
11		rules as may be adopted by the State Board of
12		Education.
13		(3) Substitute Teaching License. A Substitute Teaching
14		License may be issued to qualified applicants for
15		substitute teaching in all grades of the public schools,
16		prekindergarten through grade 12. Substitute Teaching
17		Licenses are not eligible for endorsements. Applicants for
18		a Substitute Teaching License must hold a bachelor's degree
19		or higher from a regionally accredited institution of
20		higher education.
21		Substitute Teaching Licenses are valid for 5 years and
22		may be renewed if the individual has passed a test of basic
23		skills, as authorized under Section 21B-30 of this Code. An
24		individual who has passed a test of basic skills for the
25		first licensure renewal is not required to retake the test
26		again for further renewals.

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1		Substitute Teaching Licenses are valid for substitute
2		teaching in every county of this State. If an individual
3		has had his or her Professional Educator License or
4		Educator License with Stipulations suspended or revoked or
5		has not met the renewal requirements for licensure, then
6		that individual is not eligible to obtain a Substitute
7		Teaching License.
8		A substitute teacher may only teach in the place of a
9		licensed teacher who is under contract with the employing
10		board. If, however, there is no licensed teacher under
11		contract because of an emergency situation, then a district
12		may employ a substitute teacher for no longer than 30
13		calendar days per each vacant position in the district if
14		the district notifies the appropriate regional office of
15		education within 5 business days after the employment of
16		the substitute teacher in the emergency situation. An
17		emergency situation is one in which an unforeseen vacancy
18		has occurred and (i) a teacher is unable to fulfill his or
19		her contractual duties or (ii) teacher capacity needs of
20		the district exceed previous indications, and the district
21		is actively engaged in advertising to hire a fully licensed
22		teacher for the vacant position.
23		There is no limit on the number of days that a
24		substitute teacher may teach in a single school district,
25		provided that no substitute teacher may teach for longer
26		than 90 school days for any one licensed teacher under

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1		contract in the same school year. A substitute teacher who
2		holds a Professional Educator License or Educator License
3		with Stipulations shall not teach for more than 120 school
4		days for any one licensed teacher under contract in the
5		same school year. The limitations in this paragraph (3) on
6		the number of days a substitute teacher may be employed do
7		not apply to any school district operating under Article 34
8		of this Code.
9		(Source: P.A. 98-28, eff. 7-1-13; 98-751, eff. 1-1-15; 99-35,
10		eff. 1-1-16; 99-58, eff. 7-16-15; 99-143, eff. 7-27-15; revised
11		10-14-15.)
12		(105 ILCS 5/21B-45)
13		Sec. 21B-45. Professional Educator License renewal.
14		(a) Individuals holding a Professional Educator License
15		are required to complete the licensure renewal requirements as
16		specified in this Section, unless otherwise provided in this
17		Code.
18		Individuals holding a Professional Educator License shall
19		meet the renewal requirements set forth in this Section, unless
20		otherwise provided in this Code. If an individual holds a
21		license endorsed in more than one area that has different
22		renewal requirements, that individual shall follow the renewal
23		requirements for the position for which he or she spends the
24		majority of his or her time working.
25		(b) All Professional Educator Licenses not renewed as

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1		provided in this Section shall lapse on September 1 of that
2		year. Lapsed licenses may be immediately reinstated upon (i)
3		payment by the applicant of a $500 penalty to the State Board
4		of Education or (ii) the demonstration of proficiency by
5		completing 9 semester hours of coursework from a regionally
6		accredited institution of higher education in the content area
7		that most aligns with one or more of the educator's endorsement
8		areas. Any and all back fees, including without limitation
9		registration fees owed from the time of expiration of the
10		license until the date of reinstatement, shall be paid and kept
11		in accordance with the provisions in Article 3 of this Code
12		concerning an institute fund and the provisions in Article 21B
13		of this Code concerning fees and requirements for registration.
14		Licenses not registered in accordance with Section 21B-40 of
15		this Code shall lapse after a period of 6 months from the
16		expiration of the last year of registration. An unregistered
17		license is invalid after September 1 for employment and
18		performance of services in an Illinois public or State-operated
19		school or cooperative and in a charter school. Any license or
20		endorsement may be voluntarily surrendered by the license
21		holder. A voluntarily surrendered license, except a substitute
22		teaching license issued under Section 21B-20 of this Code,
23		shall be treated as a revoked license. An Educator License with
24		Stipulations with only a paraprofessional endorsement does not
25		lapse.
26		(c) From July 1, 2013 through June 30, 2014, in order to

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1		satisfy the requirements for licensure renewal provided for in
2		this Section, each professional educator licensee with an
3		administrative endorsement who is working in a position
4		requiring such endorsement shall complete one Illinois
5		Administrators' Academy course, as described in Article 2 of
6		this Code, per fiscal year.
7		(d) Beginning July 1, 2014, in order to satisfy the
8		requirements for licensure renewal provided for in this
9		Section, each professional educator licensee may create a
10		professional development plan each year. The plan shall address
11		one or more of the endorsements that are required of his or her
12		educator position if the licensee is employed and performing
13		services in an Illinois public or State-operated school or
14		cooperative. If the licensee is employed in a charter school,
15		the plan shall address that endorsement or those endorsements
16		most closely related to his or her educator position. Licensees
17		employed and performing services in any other Illinois schools
18		may participate in the renewal requirements by adhering to the
19		same process.
20		Except as otherwise provided in this Section, the
21		licensee's professional development activities shall align
22		with one or more of the following criteria:
23		(1) activities are of a type that engage participants
24		over a sustained period of time allowing for analysis,
25		discovery, and application as they relate to student
26		learning, social or emotional achievement, or well-being;

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1		(2) professional development aligns to the licensee's
2		performance;
3		(3) outcomes for the activities must relate to student
4		growth or district improvement;
5		(4) activities align to State-approved standards; and
6		(5) higher education coursework.
7		(e) For each renewal cycle, each professional educator
8		licensee shall engage in professional development activities.
9		Prior to renewal, the licensee shall enter electronically into
10		the Educator Licensure Information System (ELIS) the name,
11		date, and location of the activity, the number of professional
12		development hours, and the provider's name. The following
13		provisions shall apply concerning professional development
14		activities:
15		(1) Each licensee shall complete a total of 120 hours
16		of professional development per 5-year renewal cycle in
17		order to renew the license, except as otherwise provided in
18		this Section.
19		(2) Beginning with his or her first full 5-year cycle,
20		any licensee with an administrative endorsement who is not
21		working in a position requiring such endorsement shall
22		complete one Illinois Administrators' Academy course, as
23		described in Article 2 of this Code, in each 5-year renewal
24		cycle in which the administrative endorsement was held for
25		at least one year. The Illinois Administrators' Academy
26		course may count toward the total of 120 hours per 5-year

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1		cycle.
2		(3) Any licensee with an administrative endorsement
3		who is working in a position requiring such endorsement or
4		an individual with a Teacher Leader endorsement serving in
5		an administrative capacity at least 50% of the day shall
6		complete one Illinois Administrators' Academy course, as
7		described in Article 2 of this Code, each fiscal year in
8		addition to 100 hours of professional development per
9		5-year renewal cycle in accordance with this Code.
10		(4) Any licensee holding a current National Board for
11		Professional Teaching Standards (NBPTS) master teacher
12		designation shall complete a total of 60 hours of
13		professional development per 5-year renewal cycle in order
14		to renew the license.
15		(5) Licensees working in a position that does not
16		require educator licensure or working in a position for
17		less than 50% for any particular year are considered to be
18		exempt and shall be required to pay only the registration
19		fee in order to renew and maintain the validity of the
20		license.
21		(6) Licensees who are retired and qualify for benefits
22		from a State retirement system shall notify the State Board
23		of Education using ELIS, and the license shall be
24		maintained in retired status. An individual with a license
25		in retired status shall not be required to complete
26		professional development activities or pay registration

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1		fees until returning to a position that requires educator
2		licensure. Upon returning to work in a position that
3		requires the Professional Educator License, the licensee
4		shall immediately pay a registration fee and complete
5		renewal requirements for that year. A license in retired
6		status cannot lapse.
7		(7) For any renewal cycle in which professional
8		development hours were required, but not fulfilled, the
9		licensee shall complete any missed hours to total the
10		minimum professional development hours required in this
11		Section prior to September 1 of that year. For any fiscal
12		year or renewal cycle in which an Illinois Administrators'
13		Academy course was required but not completed, the licensee
14		shall complete any missed Illinois Administrators' Academy
15		courses prior to September 1 of that year. The licensee may
16		complete all deficient hours and Illinois Administrators'
17		Academy courses while continuing to work in a position that
18		requires that license until September 1 of that year.
19		(8) Any licensee who has not fulfilled the professional
20		development renewal requirements set forth in this Section
21		at the end of any 5-year renewal cycle is ineligible to
22		register his or her license and may submit an appeal to the
23		State Superintendent of Education for reinstatement of the
24		license.
25		(9) If professional development opportunities were
26		unavailable to a licensee, proof that opportunities were

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1		unavailable and request for an extension of time beyond
2		August 31 to complete the renewal requirements may be
3		submitted from April 1 through June 30 of that year to the
4		State Educator Preparation and Licensure Board. If an
5		extension is approved, the license shall remain valid
6		during the extension period.
7		(10) Individuals who hold exempt licenses prior to
8		December 27, 2013 (the effective date of Public Act 98-610)
9		this amendatory Act of the 98th General Assembly shall
10		commence the annual renewal process with the first
11		scheduled registration due after December 27, 2013 (the
12		effective date of Public Act 98-610) this amendatory Act of
13		the 98th General Assembly.
14		(f) At the time of renewal, each licensee shall respond to
15		the required questions under penalty of perjury.
16		(g) The following entities shall be designated as approved
17		to provide professional development activities for the renewal
18		of Professional Educator Licenses:
19		(1) The State Board of Education.
20		(2) Regional offices of education and intermediate
21		service centers.
22		(3) Illinois professional associations representing
23		the following groups that are approved by the State
24		Superintendent of Education:
25		(A) school administrators;
26		(B) principals;

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1		(C) school business officials;
2		(D) teachers, including special education
3		teachers;
4		(E) school boards;
5		(F) school districts;
6		(G) parents; and
7		(H) school service personnel.
8		(4) Regionally accredited institutions of higher
9		education that offer Illinois-approved educator
10		preparation programs and public community colleges subject
11		to the Public Community College Act.
12		(5) Illinois public school districts, charter schools
13		authorized under Article 27A of this Code, and joint
14		educational programs authorized under Article 10 of this
15		Code for the purposes of providing career and technical
16		education or special education services.
17		(6) A not-for-profit organization that, as of December
18		31, 2014 (the effective date of Public Act 98-1147) this
19		amendatory Act of the 98th General Assembly, has had or has
20		a grant from or a contract with the State Board of
21		Education to provide professional development services in
22		the area of English Learning to Illinois school districts,
23		teachers, or administrators.
24		(7) State agencies, State boards, and State
25		commissions.
26		(8) (7) Museums as defined in Section 10 of the Museum

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1		Disposition of Property Act.
2		(h) Approved providers under subsection (g) of this Section
3		shall make available professional development opportunities
4		that satisfy at least one of the following:
5		(1) increase the knowledge and skills of school and
6		district leaders who guide continuous professional
7		development;
8		(2) improve the learning of students;
9		(3) organize adults into learning communities whose
10		goals are aligned with those of the school and district;
11		(4) deepen educator's content knowledge;
12		(5) provide educators with research-based
13		instructional strategies to assist students in meeting
14		rigorous academic standards;
15		(6) prepare educators to appropriately use various
16		types of classroom assessments;
17		(7) use learning strategies appropriate to the
18		intended goals;
19		(8) provide educators with the knowledge and skills to
20		collaborate; or
21		(9) prepare educators to apply research to
22		decision-making.
23		(i) Approved providers under subsection (g) of this Section
24		shall do the following:
25		(1) align professional development activities to the
26		State-approved national standards for professional

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1		learning;
2		(2) meet the professional development criteria for
3		Illinois licensure renewal;
4		(3) produce a rationale for the activity that explains
5		how it aligns to State standards and identify the
6		assessment for determining the expected impact on student
7		learning or school improvement;
8		(4) maintain original documentation for completion of
9		activities; and
10		(5) provide license holders with evidence of
11		completion of activities.
12		(j) The State Board of Education shall conduct annual
13		audits of approved providers, except for school districts,
14		which shall be audited by regional offices of education and
15		intermediate service centers. The State Board of Education
16		shall complete random audits of licensees.
17		(1) Approved providers shall annually submit to the
18		State Board of Education a list of subcontractors used for
19		delivery of professional development activities for which
20		renewal credit was issued and other information as defined
21		by rule.
22		(2) Approved providers shall annually submit data to
23		the State Board of Education demonstrating how the
24		professional development activities impacted one or more
25		of the following:
26		(A) educator and student growth in regards to

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1		content knowledge or skills, or both;
2		(B) educator and student social and emotional
3		growth; or
4		(C) alignment to district or school improvement
5		plans.
6		(3) The State Superintendent of Education shall review
7		the annual data collected by the State Board of Education,
8		regional offices of education, and intermediate service
9		centers in audits to determine if the approved provider has
10		met the criteria and should continue to be an approved
11		provider or if further action should be taken as provided
12		in rules.
13		(k) Registration fees shall be paid for the next renewal
14		cycle between April 1 and June 30 in the last year of each
15		5-year renewal cycle using ELIS. If all required professional
16		development hours for the renewal cycle have been completed and
17		entered by the licensee, the licensee shall pay the
18		registration fees for the next cycle using a form of credit or
19		debit card.
20		(l) Beginning July 1, 2014, any professional educator
21		licensee endorsed for school support personnel who is employed
22		and performing services in Illinois public schools and who
23		holds an active and current professional license issued by the
24		Department of Financial and Professional Regulation related to
25		the endorsement areas on the Professional Educator License
26		shall be deemed to have satisfied the continuing professional

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1		development requirements provided for in this Section. Such
2		individuals shall be required to pay only registration fees to
3		renew the Professional Educator License. An individual who does
4		not hold a license issued by the Department of Financial and
5		Professional Regulation shall complete professional
6		development requirements for the renewal of a Professional
7		Educator License provided for in this Section.
8		(m) Appeals to the State Educator Preparation and Licensure
9		Board must be made within 30 days after receipt of notice from
10		the State Superintendent of Education that a license will not
11		be renewed based upon failure to complete the requirements of
12		this Section. A licensee may appeal that decision to the State
13		Educator Preparation and Licensure Board in a manner prescribed
14		by rule.
15		(1) Each appeal shall state the reasons why the State
16		Superintendent's decision should be reversed and shall be
17		sent by certified mail, return receipt requested, to the
18		State Board of Education.
19		(2) The State Educator Preparation and Licensure Board
20		shall review each appeal regarding renewal of a license
21		within 90 days after receiving the appeal in order to
22		determine whether the licensee has met the requirements of
23		this Section. The State Educator Preparation and Licensure
24		Board may hold an appeal hearing or may make its
25		determination based upon the record of review, which shall
26		consist of the following:

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1		(A) the regional superintendent of education's
2		rationale for recommending nonrenewal of the license,
3		if applicable;
4		(B) any evidence submitted to the State
5		Superintendent along with the individual's electronic
6		statement of assurance for renewal; and
7		(C) the State Superintendent's rationale for
8		nonrenewal of the license.
9		(3) The State Educator Preparation and Licensure Board
10		shall notify the licensee of its decision regarding license
11		renewal by certified mail, return receipt requested, no
12		later than 30 days after reaching a decision. Upon receipt
13		of notification of renewal, the licensee, using ELIS, shall
14		pay the applicable registration fee for the next cycle
15		using a form of credit or debit card.
16		(n) The State Board of Education may adopt rules as may be
17		necessary to implement this Section.
18		(Source: P.A. 98-610, eff. 12-27-13; 98-1147, eff. 12-31-14;
19		99-58, eff. 7-16-15; 99-130, eff. 7-24-15; revised 10-21-15.)
20		(105 ILCS 5/22-30)
21		Sec. 22-30. Self-administration and self-carry of asthma
22		medication and epinephrine auto-injectors; administration of
23		undesignated epinephrine auto-injectors; administration of an
24		opioid antagonist.
25		(a) For the purpose of this Section only, the following

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1		terms shall have the meanings set forth below:
2		"Asthma inhaler" means a quick reliever asthma inhaler.
3		"Epinephrine auto-injector" means a single-use device used
4		for the automatic injection of a pre-measured dose of
5		epinephrine into the human body.
6		"Asthma medication" means a medicine, prescribed by (i) a
7		physician licensed to practice medicine in all its branches,
8		(ii) a licensed physician assistant prescriptive authority, or
9		(iii) a licensed advanced practice nurse prescriptive
10		authority for a pupil that pertains to the pupil's asthma and
11		that has an individual prescription label.
12		"Opioid antagonist" means a drug that binds to opioid
13		receptors and blocks or inhibits the effect of opioids acting
14		on those receptors, including, but not limited to, naloxone
15		hydrochloride or any other similarly acting drug approved by
16		the U.S. Food and Drug Administration.
17		"School nurse" means a registered nurse working in a school
18		with or without licensure endorsed in school nursing.
19		"Self-administration" means a pupil's discretionary use of
20		his or her prescribed asthma medication or epinephrine
21		auto-injector.
22		"Self-carry" means a pupil's ability to carry his or her
23		prescribed asthma medication or epinephrine auto-injector.
24		"Standing protocol" may be issued by (i) a physician
25		licensed to practice medicine in all its branches, (ii) a
26		licensed physician assistant prescriptive authority, or (iii)

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1		a licensed advanced practice nurse prescriptive.
2		"Trained personnel" means any school employee or volunteer
3		personnel authorized in Sections 10-22.34, 10-22.34a, and
4		10-22.34b of this Code who has completed training under
5		subsection (g) of this Section to recognize and respond to
6		anaphylaxis.
7		"Undesignated epinephrine auto-injector" means an
8		epinephrine auto-injector prescribed in the name of a school
9		district, public school, or nonpublic school.
10		(b) A school, whether public or nonpublic, must permit the
11		self-administration and self-carry of asthma medication by a
12		pupil with asthma or the self-administration and self-carry of
13		an epinephrine auto-injector by a pupil, provided that:
14		(1) the parents or guardians of the pupil provide to
15		the school (i) written authorization from the parents or
16		guardians for (A) the self-administration and self-carry
17		of asthma medication or (B) the self-carry of asthma
18		medication or (ii) for (A) the self-administration and
19		self-carry of an epinephrine auto-injector or (B) the
20		self-carry of an epinephrine auto-injector, written
21		authorization from the pupil's physician, physician
22		assistant, or advanced practice nurse; and
23		(2) the parents or guardians of the pupil provide to
24		the school (i) the prescription label, which must contain
25		the name of the asthma medication, the prescribed dosage,
26		and the time at which or circumstances under which the

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1		asthma medication is to be administered, or (ii) for the
2		self-administration or self-carry of an epinephrine
3		auto-injector, a written statement from the pupil's
4		physician, physician assistant, or advanced practice nurse
5		containing the following information:
6		(A) the name and purpose of the epinephrine
7		auto-injector;
8		(B) the prescribed dosage; and
9		(C) the time or times at which or the special
10		circumstances under which the epinephrine
11		auto-injector is to be administered.
12		The information provided shall be kept on file in the office of
13		the school nurse or, in the absence of a school nurse, the
14		school's administrator.
15		(b-5) A school district, public school, or nonpublic school
16		may authorize the provision of a student-specific or
17		undesignated epinephrine auto-injector to a student or any
18		personnel authorized under a student's Individual Health Care
19		Action Plan, Illinois Food Allergy Emergency Action Plan and
20		Treatment Authorization Form, or plan pursuant to Section 504
21		of the federal Rehabilitation Act of 1973 to administer an
22		epinephrine auto-injector to the student, that meets the
23		student's prescription on file.
24		(b-10) The school district, public school, or nonpublic
25		school may authorize a school nurse or trained personnel to do
26		the following: (i) provide an undesignated epinephrine

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1		auto-injector to a student for self-administration only or any
2		personnel authorized under a student's Individual Health Care
3		Action Plan, Illinois Food Allergy Emergency Action Plan and
4		Treatment Authorization Form, or plan pursuant to Section 504
5		of the federal Rehabilitation Act of 1973 to administer to the
6		student, that meets the student's prescription on file; (ii)
7		administer an undesignated epinephrine auto-injector that
8		meets the prescription on file to any student who has an
9		Individual Health Care Action Plan, Illinois Food Allergy
10		Emergency Action Plan and Treatment Authorization Form, or plan
11		pursuant to Section 504 of the federal Rehabilitation Act of
12		1973 that authorizes the use of an epinephrine auto-injector;
13		(iii) administer an undesignated epinephrine auto-injector to
14		any person that the school nurse or trained personnel in good
15		faith believes is having an anaphylactic reaction; and (iv)
16		administer an opioid antagonist to any person that the school
17		nurse or trained personnel in good faith believes is having an
18		opioid overdose.
19		(c) The school district, public school, or nonpublic school
20		must inform the parents or guardians of the pupil, in writing,
21		that the school district, public school, or nonpublic school
22		and its employees and agents, including a physician, physician
23		assistant, or advanced practice nurse providing standing
24		protocol or prescription for school epinephrine
25		auto-injectors, are to incur no liability or professional
26		discipline, except for willful and wanton conduct, as a result

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1		of any injury arising from the administration of asthma
2		medication, an epinephrine auto-injector, or an opioid
3		antagonist regardless of whether authorization was given by the
4		pupil's parents or guardians or by the pupil's physician,
5		physician assistant, or advanced practice nurse. The parents or
6		guardians of the pupil must sign a statement acknowledging that
7		the school district, public school, or nonpublic school and its
8		employees and agents are to incur no liability, except for
9		willful and wanton conduct, as a result of any injury arising
10		from the administration of asthma medication, an epinephrine
11		auto-injector, or an opioid antagonist regardless of whether
12		authorization was given by the pupil's parents or guardians or
13		by the pupil's physician, physician assistant, or advanced
14		practice nurse and that the parents or guardians must indemnify
15		and hold harmless the school district, public school, or
16		nonpublic school and its employees and agents against any
17		claims, except a claim based on willful and wanton conduct,
18		arising out of the administration of asthma medication, an
19		epinephrine auto-injector, or an opioid antagonist regardless
20		of whether authorization was given by the pupil's parents or
21		guardians or by the pupil's physician, physician assistant, or
22		advanced practice nurse.
23		(c-5) When a school nurse or trained personnel administers
24		an undesignated epinephrine auto-injector to a person whom the
25		school nurse or trained personnel in good faith believes is
26		having an anaphylactic reaction, or administers an opioid

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1		antagonist to a person whom the school nurse or trained
2		personnel in good faith believes is having an opioid overdose,
3		notwithstanding the lack of notice to the parents or guardians
4		of the pupil or the absence of the parents or guardians signed
5		statement acknowledging no liability, except for willful and
6		wanton conduct, the school district, public school, or
7		nonpublic school and its employees and agents, and a physician,
8		a physician assistant, or an advanced practice nurse providing
9		standing protocol or prescription for undesignated epinephrine
10		auto-injectors, are to incur no liability or professional
11		discipline, except for willful and wanton conduct, as a result
12		of any injury arising from the use of an undesignated
13		epinephrine auto-injector or the use of an opioid antagonist
14		regardless of whether authorization was given by the pupil's
15		parents or guardians or by the pupil's physician, physician
16		assistant, or advanced practice nurse.
17		(d) The permission for self-administration and self-carry
18		of asthma medication or the self-administration and self-carry
19		of an epinephrine auto-injector is effective for the school
20		year for which it is granted and shall be renewed each
21		subsequent school year upon fulfillment of the requirements of
22		this Section.
23		(e) Provided that the requirements of this Section are
24		fulfilled, a pupil with asthma may self-administer and
25		self-carry his or her asthma medication or a pupil may
26		self-administer and self-carry an epinephrine auto-injector

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1		(i) while in school, (ii) while at a school-sponsored activity,
2		(iii) while under the supervision of school personnel, or (iv)
3		before or after normal school activities, such as while in
4		before-school or after-school care on school-operated
5		property.
6		(e-5) Provided that the requirements of this Section are
7		fulfilled, a school nurse or trained personnel may administer
8		an undesignated epinephrine auto-injector to any person whom
9		the school nurse or trained personnel in good faith believes to
10		be having an anaphylactic reaction (i) while in school, (ii)
11		while at a school-sponsored activity, (iii) while under the
12		supervision of school personnel, or (iv) before or after normal
13		school activities, such as while in before-school or
14		after-school care on school-operated property. A school nurse
15		or trained personnel may carry undesignated epinephrine
16		auto-injectors on his or her person while in school or at a
17		school-sponsored activity.
18		(e-10) Provided that the requirements of this Section are
19		fulfilled, a school nurse or trained personnel may administer
20		an opioid antagonist to any person whom the school nurse or
21		trained personnel in good faith believes to be having an opioid
22		overdose (i) while in school, (ii) while at a school-sponsored
23		activity, (iii) while under the supervision of school
24		personnel, or (iv) before or after normal school activities,
25		such as while in before-school or after-school care on
26		school-operated property. A school nurse or trained personnel

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1		may carry an opioid antagonist on their person while in school
2		or at a school-sponsored activity.
3		(f) The school district, public school, or nonpublic school
4		may maintain a supply of undesignated epinephrine
5		auto-injectors in any secure location where an allergic person
6		is most at risk, including, but not limited to, classrooms and
7		lunchrooms. A physician, a physician assistant who has been
8		delegated prescriptive authority in accordance with Section
9		7.5 of the Physician Assistant Practice Act of 1987, or an
10		advanced practice nurse who has been delegated prescriptive
11		authority in accordance with Section 65-40 of the Nurse
12		Practice Act may prescribe undesignated epinephrine
13		auto-injectors in the name of the school district, public
14		school, or nonpublic school to be maintained for use when
15		necessary. Any supply of epinephrine auto-injectors shall be
16		maintained in accordance with the manufacturer's instructions.
17		The school district, public school, or nonpublic school may
18		maintain a supply of an opioid antagonist in any secure
19		location where an individual may have an opioid overdose. A
20		health care professional who has been delegated prescriptive
21		authority for opioid antagonists in accordance with Section
22		5-23 of the Alcoholism and Other Drug Abuse and Dependency Act
23		may prescribe opioid antagonists in the name of the school
24		district, public school, or nonpublic school, to be maintained
25		for use when necessary. Any supply of opioid antagonists shall
26		be maintained in accordance with the manufacturer's

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1		instructions.
2		(f-5) Upon any administration of an epinephrine
3		auto-injector, a school district, public school, or nonpublic
4		school must immediately activate the EMS system and notify the
5		student's parent, guardian, or emergency contact, if known.
6		Upon any administration of an opioid antagonist, a school
7		district, public school, or nonpublic school must immediately
8		activate the EMS system and notify the student's parent,
9		guardian, or emergency contact, if known.
10		(f-10) Within 24 hours of the administration of an
11		undesignated epinephrine auto-injector, a school district,
12		public school, or nonpublic school must notify the physician,
13		physician assistant, or advanced advance practice nurse who
14		provided the standing protocol or prescription for the
15		undesignated epinephrine auto-injector of its use.
16		Within 24 hours after the administration of an opioid
17		antagonist, a school district, public school, or nonpublic
18		school must notify the health care professional who provided
19		the prescription for the opioid antagonist of its use.
20		(g) Prior to the administration of an undesignated
21		epinephrine auto-injector, trained personnel must submit to
22		their his or her school's administration proof of completion of
23		a training curriculum to recognize and respond to anaphylaxis
24		that meets the requirements of subsection (h) of this Section.
25		Training must be completed annually. Trained personnel must
26		also submit to their his or her school's administration proof

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1		of cardiopulmonary resuscitation and automated external
2		defibrillator certification. The school district, public
3		school, or nonpublic school must maintain records related to
4		the training curriculum and trained personnel.
5		Prior to the administration of an opioid antagonist,
6		trained personnel must submit to their school's administration
7		proof of completion of a training curriculum to recognize and
8		respond to an opioid overdose, which curriculum must meet the
9		requirements of subsection (h-5) of this Section. Training must
10		be completed annually. Trained personnel must also submit to
11		the school's administration proof of cardiopulmonary
12		resuscitation and automated external defibrillator
13		certification. The school district, public school, or
14		nonpublic school must maintain records relating to the training
15		curriculum and the trained personnel.
16		(h) A training curriculum to recognize and respond to
17		anaphylaxis, including the administration of an undesignated
18		epinephrine auto-injector, may be conducted online or in
19		person. It must include, but is not limited to:
20		(1) how to recognize symptoms of an allergic reaction;
21		(2) a review of high-risk areas within the school and
22		its related facilities;
23		(3) steps to take to prevent exposure to allergens;
24		(4) how to respond to an emergency involving an
25		allergic reaction;
26		(5) how to administer an epinephrine auto-injector;

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1		(6) how to respond to a student with a known allergy as
2		well as a student with a previously unknown allergy;
3		(7) a test demonstrating competency of the knowledge
4		required to recognize anaphylaxis and administer an
5		epinephrine auto-injector; and
6		(8) other criteria as determined in rules adopted
7		pursuant to this Section.
8		In consultation with statewide professional organizations
9		representing physicians licensed to practice medicine in all of
10		its branches, registered nurses, and school nurses, the State
11		Board of Education shall make available resource materials
12		consistent with criteria in this subsection (h) for educating
13		trained personnel to recognize and respond to anaphylaxis. The
14		State Board may take into consideration the curriculum on this
15		subject developed by other states, as well as any other
16		curricular materials suggested by medical experts and other
17		groups that work on life-threatening allergy issues. The State
18		Board is not required to create new resource materials. The
19		State Board shall make these resource materials available on
20		its Internet website.
21		(h-5) A training curriculum to recognize and respond to an
22		opioid overdose, including the administration of an opioid
23		antagonist, may be conducted online or in person. The training
24		must comply with any training requirements under Section 5-23
25		of the Alcoholism and Other Drug Abuse and Dependency Act and
26		the corresponding rules. It must include, but is not limited

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1		to:
2		(1) how to recognize symptoms of an opioid overdose;
3		(2) information on drug overdose prevention and
4		recognition;
5		(3) how to perform rescue breathing and resuscitation;
6		(4) how to respond to an emergency involving an opioid
7		overdose;
8		(5) opioid antagonist dosage and administration;
9		(6) the importance of calling 911;
10		(7) care for the overdose victim after administration
11		of the overdose antagonist;
12		(8) a test demonstrating competency of the knowledge
13		required to recognize an opioid overdose and administer a
14		dose of an opioid antagonist; and
15		(9) other criteria as determined in rules adopted
16		pursuant to this Section.
17		(i) Within 3 days after the administration of an
18		undesignated epinephrine auto-injector by a school nurse,
19		trained personnel, or a student at a school or school-sponsored
20		activity, the school must report to the State Board in a form
21		and manner prescribed by the State Board the following
22		information:
23		(1) age and type of person receiving epinephrine
24		(student, staff, visitor);
25		(2) any previously known diagnosis of a severe allergy;
26		(3) trigger that precipitated allergic episode;

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1		(4) location where symptoms developed;
2		(5) number of doses administered;
3		(6) type of person administering epinephrine (school
4		nurse, trained personnel, student); and
5		(7) any other information required by the State Board.
6		(i-5) Within 3 days after the administration of an opioid
7		antagonist by a school nurse or trained personnel, the school
8		must report to the State Board, in a form and manner prescribed
9		by the State Board, the following information:
10		(1) the age and type of person receiving the opioid
11		antagonist (student, staff, or visitor);
12		(2) the location where symptoms developed;
13		(3) the type of person administering the opioid
14		antagonist (school nurse or trained personnel); and
15		(4) any other information required by the State Board.
16		(j) By October 1, 2015 and every year thereafter, the State
17		Board shall submit a report to the General Assembly identifying
18		the frequency and circumstances of epinephrine administration
19		during the preceding academic year. This report shall be
20		published on the State Board's Internet website on the date the
21		report is delivered to the General Assembly.
22		On or before October 1, 2016 and every year thereafter, the
23		State Board shall submit a report to the General Assembly and
24		the Department of Public Health identifying the frequency and
25		circumstances of opioid antagonist administration during the
26		preceding academic year. This report shall be published on the

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1		State Board's Internet website on the date the report is
2		delivered to the General Assembly.
3		(k) The State Board may adopt rules necessary to implement
4		this Section.
5		(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
6		99-480, eff. 9-9-15; revised 10-13-15.)
7		(105 ILCS 5/22-80)
8		Sec. 22-80. Student athletes; concussions and head
9		injuries.
10		(a) The General Assembly recognizes all of the following:
11		(1) Concussions are one of the most commonly reported
12		injuries in children and adolescents who participate in
13		sports and recreational activities. The Centers for
14		Disease Control and Prevention estimates that as many as
15		3,900,000 sports-related and recreation-related
16		concussions occur in the United States each year. A
17		concussion is caused by a blow or motion to the head or
18		body that causes the brain to move rapidly inside the
19		skull. The risk of catastrophic injuries or death are
20		significant when a concussion or head injury is not
21		properly evaluated and managed.
22		(2) Concussions are a type of brain injury that can
23		range from mild to severe and can disrupt the way the brain
24		normally works. Concussions can occur in any organized or
25		unorganized sport or recreational activity and can result

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1		from a fall or from players colliding with each other, the
2		ground, or with obstacles. Concussions occur with or
3		without loss of consciousness, but the vast majority of
4		concussions occur without loss of consciousness.
5		(3) Continuing to play with a concussion or symptoms of
6		a head injury leaves a young athlete especially vulnerable
7		to greater injury and even death. The General Assembly
8		recognizes that, despite having generally recognized
9		return-to-play standards for concussions and head
10		injuries, some affected youth athletes are prematurely
11		returned to play, resulting in actual or potential physical
12		injury or death to youth athletes in this State.
13		(4) Student athletes who have sustained a concussion
14		may need informal or formal accommodations, modifications
15		of curriculum, and monitoring by medical or academic staff
16		until the student is fully recovered. To that end, all
17		schools are encouraged to establish a return-to-learn
18		protocol that is based on peer-reviewed scientific
19		evidence consistent with Centers for Disease Control and
20		Prevention guidelines and conduct baseline testing for
21		student athletes.
22		(b) In this Section:
23		"Athletic trainer" means an athletic trainer licensed
24		under the Illinois Athletic Trainers Practice Act.
25		"Coach" means any volunteer or employee of a school who is
26		responsible for organizing and supervising students to teach

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1		them or train them in the fundamental skills of an
2		interscholastic athletic activity. "Coach" refers to both head
3		coaches and assistant coaches.
4		"Concussion" means a complex pathophysiological process
5		affecting the brain caused by a traumatic physical force or
6		impact to the head or body, which may include temporary or
7		prolonged altered brain function resulting in physical,
8		cognitive, or emotional symptoms or altered sleep patterns and
9		which may or may not involve a loss of consciousness.
10		"Department" means the Department of Financial and
11		Professional Regulation.
12		"Game official" means a person who officiates at an
13		interscholastic athletic activity, such as a referee or umpire,
14		including, but not limited to, persons enrolled as game
15		officials by the Illinois High School Association or Illinois
16		Elementary School Association.
17		"Interscholastic athletic activity" means any organized
18		school-sponsored or school-sanctioned activity for students,
19		generally outside of school instructional hours, under the
20		direction of a coach, athletic director, or band leader,
21		including, but not limited to, baseball, basketball,
22		cheerleading, cross country track, fencing, field hockey,
23		football, golf, gymnastics, ice hockey, lacrosse, marching
24		band, rugby, soccer, skating, softball, swimming and diving,
25		tennis, track (indoor and outdoor), ultimate Frisbee,
26		volleyball, water polo, and wrestling. All interscholastic

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1		athletics are deemed to be interscholastic activities.
2		"Licensed healthcare professional" means a person who has
3		experience with concussion management and who is a nurse, a
4		psychologist who holds a license under the Clinical
5		Psychologist Licensing Act and specializes in the practice of
6		neuropsychology, a physical therapist licensed under the
7		Illinois Physical Therapy Act, an occupational therapist
8		licensed under the Illinois Occupational Therapy Practice Act.
9		"Nurse" means a person who is employed by or volunteers at
10		a school and is licensed under the Nurse Practice Act as a
11		registered nurse, practical nurse, or advanced practice nurse.
12		"Physician" means a physician licensed to practice
13		medicine in all of its branches under the Medical Practice Act
14		of 1987.
15		"School" means any public or private elementary or
16		secondary school, including a charter school.
17		"Student" means an adolescent or child enrolled in a
18		school.
19		(c) This Section applies to any interscholastic athletic
20		activity, including practice and competition, sponsored or
21		sanctioned by a school, the Illinois Elementary School
22		Association, or the Illinois High School Association. This
23		Section applies beginning with the 2016-2017 school year.
24		(d) The governing body of each public or charter school and
25		the appropriate administrative officer of a private school with
26		students enrolled who participate in an interscholastic

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1		athletic activity shall appoint or approve a concussion
2		oversight team. Each concussion oversight team shall establish
3		a return-to-play protocol, based on peer-reviewed scientific
4		evidence consistent with Centers for Disease Control and
5		Prevention guidelines, for a student's return to
6		interscholastic athletics practice or competition following a
7		force or impact believed to have caused a concussion. Each
8		concussion oversight team shall also establish a
9		return-to-learn protocol, based on peer-reviewed scientific
10		evidence consistent with Centers for Disease Control and
11		Prevention guidelines, for a student's return to the classroom
12		after that student is believed to have experienced a
13		concussion, whether or not the concussion took place while the
14		student was participating in an interscholastic athletic
15		activity.
16		Each concussion oversight team must include to the extent
17		practicable at least one physician. If a school employs an
18		athletic trainer, the athletic trainer must be a member of the
19		school concussion oversight team to the extent practicable. If
20		a school employs a nurse, the nurse must be a member of the
21		school concussion oversight team to the extent practicable. At
22		a minimum, a school shall appoint a person who is responsible
23		for implementing and complying with the return-to-play and
24		return-to-learn protocols adopted by the concussion oversight
25		team. A school may appoint other licensed healthcare
26		professionals to serve on the concussion oversight team.

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1		(e) A student may not participate in an interscholastic
2		athletic activity for a school year until the student and the
3		student's parent or guardian or another person with legal
4		authority to make medical decisions for the student have signed
5		a form for that school year that acknowledges receiving and
6		reading written information that explains concussion
7		prevention, symptoms, treatment, and oversight and that
8		includes guidelines for safely resuming participation in an
9		athletic activity following a concussion. The form must be
10		approved by the Illinois High School Association.
11		(f) A student must be removed from an interscholastic
12		athletics practice or competition immediately if one of the
13		following persons believes the student might have sustained a
14		concussion during the practice or competition:
15		(1) a coach;
16		(2) a physician;
17		(3) a game official;
18		(4) an athletic trainer;
19		(5) the student's parent or guardian or another person
20		with legal authority to make medical decisions for the
21		student;
22		(6) the student; or
23		(7) any other person deemed appropriate under the
24		school's return-to-play protocol.
25		(g) A student removed from an interscholastic athletics
26		practice or competition under this Section may not be permitted

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1		to practice or compete again following the force or impact
2		believed to have caused the concussion until:
3		(1) the student has been evaluated, using established
4		medical protocols based on peer-reviewed scientific
5		evidence consistent with Centers for Disease Control and
6		Prevention guidelines, by a treating physician (chosen by
7		the student or the student's parent or guardian or another
8		person with legal authority to make medical decisions for
9		the student) or an athletic trainer working under the
10		supervision of a physician;
11		(2) the student has successfully completed each
12		requirement of the return-to-play protocol established
13		under this Section necessary for the student to return to
14		play;
15		(3) the student has successfully completed each
16		requirement of the return-to-learn protocol established
17		under this Section necessary for the student to return to
18		learn;
19		(4) the treating physician or athletic trainer working
20		under the supervision of a physician has provided a written
21		statement indicating that, in the physician's professional
22		judgment, it is safe for the student to return to play and
23		return to learn; and
24		(5) the student and the student's parent or guardian or
25		another person with legal authority to make medical
26		decisions for the student:

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1		(A) have acknowledged that the student has
2		completed the requirements of the return-to-play and
3		return-to-learn protocols necessary for the student to
4		return to play;
5		(B) have provided the treating physician's or
6		athletic trainer's written statement under subdivision
7		(4) of this subsection (g) to the person responsible
8		for compliance with the return-to-play and
9		return-to-learn protocols under this subsection (g)
10		and the person who has supervisory responsibilities
11		under this subsection (g); and
12		(C) have signed a consent form indicating that the
13		person signing:
14		(i) has been informed concerning and consents
15		to the student participating in returning to play
16		in accordance with the return-to-play and
17		return-to-learn protocols;
18		(ii) understands the risks associated with the
19		student returning to play and returning to learn
20		and will comply with any ongoing requirements in
21		the return-to-play and return-to-learn protocols;
22		and
23		(iii) consents to the disclosure to
24		appropriate persons, consistent with the federal
25		Health Insurance Portability and Accountability
26		Act of 1996 (Public Law 104-191), of the treating

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1		physician's or athletic trainer's written
2		statement under subdivision (4) of this subsection
3		(g) and, if any, the return-to-play and
4		return-to-learn recommendations of the treating
5		physician or the athletic trainer, as the case may
6		be.
7		A coach of an interscholastic athletics team may not
8		authorize a student's return to play or return to learn.
9		The district superintendent or the superintendent's
10		designee in the case of a public elementary or secondary
11		school, the chief school administrator or that person's
12		designee in the case of a charter school, or the appropriate
13		administrative officer or that person's designee in the case of
14		a private school shall supervise an athletic trainer or other
15		person responsible for compliance with the return-to-play
16		protocol and shall supervise the person responsible for
17		compliance with the return-to-learn protocol. The person who
18		has supervisory responsibilities under this paragraph may not
19		be a coach of an interscholastic athletics team.
20		(h)(1) The Illinois High School Association shall approve,
21		for coaches and game officials of interscholastic athletic
22		activities, training courses that provide for not less than 2
23		hours of training in the subject matter of concussions,
24		including evaluation, prevention, symptoms, risks, and
25		long-term effects. The Association shall maintain an updated
26		list of individuals and organizations authorized by the

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1		Association to provide the training.
2		(2) The following persons must take a training course in
3		accordance with paragraph (4) of this subsection (h) from an
4		authorized training provider at least once every 2 years:
5		(A) a coach of an interscholastic athletic activity;
6		(B) a nurse who serves as a member of a concussion
7		oversight team and is an employee, representative, or agent
8		of a school;
9		(C) a game official of an interscholastic athletic
10		activity; and
11		(D) a nurse who serves on a volunteer basis as a member
12		of a concussion oversight team for a school.
13		(3) A physician who serves as a member of a concussion
14		oversight team shall, to the greatest extent practicable,
15		periodically take an appropriate continuing medical education
16		course in the subject matter of concussions.
17		(4) For purposes of paragraph (2) of this subsection (h):
18		(A) a coach or game officials, as the case may be, must
19		take a course described in paragraph (1) of this subsection
20		(h).
21		(B) an athletic trainer must take a concussion-related
22		continuing education course from an athletic trainer
23		continuing education sponsor approved by the Department;
24		and
25		(C) a nurse must take a course concerning the subject
26		matter of concussions that has been approved for continuing

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1		education credit by the Department.
2		(5) Each person described in paragraph (2) of this
3		subsection (h) must submit proof of timely completion of an
4		approved course in compliance with paragraph (4) of this
5		subsection (h) to the district superintendent or the
6		superintendent's designee in the case of a public elementary or
7		secondary school, the chief school administrator or that
8		person's designee in the case of a charter school, or the
9		appropriate administrative officer or that person's designee
10		in the case of a private school.
11		(6) A physician, athletic trainer, or nurse who is not in
12		compliance with the training requirements under this
13		subsection (h) may not serve on a concussion oversight team in
14		any capacity.
15		(7) A person required under this subsection (h) to take a
16		training course in the subject of concussions must initially
17		complete the training not later than September 1, 2016.
18		(i) The governing body of each public or charter school and
19		the appropriate administrative officer of a private school with
20		students enrolled who participate in an interscholastic
21		athletic activity shall develop a school-specific emergency
22		action plan for interscholastic athletic activities to address
23		the serious injuries and acute medical conditions in which the
24		condition of the student may deteriorate rapidly. The plan
25		shall include a delineation of roles, methods of communication,
26		available emergency equipment, and access to and a plan for

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1		emergency transport. This emergency action plan must be:
2		(1) in writing;
3		(2) reviewed by the concussion oversight team;
4		(3) approved by the district superintendent or the
5		superintendent's designee in the case of a public
6		elementary or secondary school, the chief school
7		administrator or that person's designee in the case of a
8		charter school, or the appropriate administrative officer
9		or that person's designee in the case of a private school;
10		(4) distributed to all appropriate personnel;
11		(5) posted conspicuously at all venues utilized by the
12		school; and
13		(6) reviewed annually by all athletic trainers, first
14		responders, coaches, school nurses, athletic directors,
15		and volunteers for interscholastic athletic activities.
16		(j) The State Board of Education may adopt rules as
17		necessary to administer this Section.
18		(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15.)
19		(105 ILCS 5/22-81)
20		Sec. 22-81 22-80. Heroin and opioid prevention pilot
21		program. By January 1, 2017, the State Board of Education and
22		the Department of Human Services shall develop and establish a
23		3-year heroin and opioid drug prevention pilot program that
24		offers educational materials and instruction on heroin and
25		opioid abuse to all school districts in the State for use at

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1		their respective public elementary and secondary schools. A
2		school district's participation in the pilot program shall be
3		voluntary. Subject to appropriation, the Department of Human
4		Services shall reimburse a school district that decides to
5		participate in the pilot program for any costs it incurs in
6		connection with its participation in the pilot program. Each
7		school district that participates in the pilot program shall
8		have the discretion to determine which grade levels the school
9		district will instruct under the program.
10		The pilot program must use effective, research-proven,
11		interactive teaching methods and technologies, and must
12		provide students, parents, and school staff with scientific,
13		social, and emotional learning content to help them understand
14		the risk of drug use. Such learning content must specifically
15		target the dangers of prescription pain medication and heroin
16		abuse. The Department may contract with a health education
17		organization to fulfill the requirements of the pilot program.
18		The State Board of Education, the Department of Human
19		Services, and any contracted organization shall submit an
20		annual report to the General Assembly that includes: (i) a list
21		of school districts participating in the pilot program; (ii)
22		the grade levels each school district instructs under the pilot
23		program; and (iii) any findings regarding the effectiveness of
24		the pilot program.
25		(Source: P.A. 99-480, eff. 9-9-15; revised 10-19-15.)

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1		(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
2		Sec. 27-8.1. Health examinations and immunizations.
3		(1) In compliance with rules and regulations which the
4		Department of Public Health shall promulgate, and except as
5		hereinafter provided, all children in Illinois shall have a
6		health examination as follows: within one year prior to
7		entering kindergarten or the first grade of any public,
8		private, or parochial elementary school; upon entering the
9		sixth and ninth grades of any public, private, or parochial
10		school; prior to entrance into any public, private, or
11		parochial nursery school; and, irrespective of grade,
12		immediately prior to or upon entrance into any public, private,
13		or parochial school or nursery school, each child shall present
14		proof of having been examined in accordance with this Section
15		and the rules and regulations promulgated hereunder. Any child
16		who received a health examination within one year prior to
17		entering the fifth grade for the 2007-2008 school year is not
18		required to receive an additional health examination in order
19		to comply with the provisions of Public Act 95-422 when he or
20		she attends school for the 2008-2009 school year, unless the
21		child is attending school for the first time as provided in
22		this paragraph.
23		A tuberculosis skin test screening shall be included as a
24		required part of each health examination included under this
25		Section if the child resides in an area designated by the
26		Department of Public Health as having a high incidence of

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1		tuberculosis. Additional health examinations of pupils,
2		including eye examinations, may be required when deemed
3		necessary by school authorities. Parents are encouraged to have
4		their children undergo eye examinations at the same points in
5		time required for health examinations.
6		(1.5) In compliance with rules adopted by the Department of
7		Public Health and except as otherwise provided in this Section,
8		all children in kindergarten and the second and sixth grades of
9		any public, private, or parochial school shall have a dental
10		examination. Each of these children shall present proof of
11		having been examined by a dentist in accordance with this
12		Section and rules adopted under this Section before May 15th of
13		the school year. If a child in the second or sixth grade fails
14		to present proof by May 15th, the school may hold the child's
15		report card until one of the following occurs: (i) the child
16		presents proof of a completed dental examination or (ii) the
17		child presents proof that a dental examination will take place
18		within 60 days after May 15th. The Department of Public Health
19		shall establish, by rule, a waiver for children who show an
20		undue burden or a lack of access to a dentist. Each public,
21		private, and parochial school must give notice of this dental
22		examination requirement to the parents and guardians of
23		students at least 60 days before May 15th of each school year.
24		(1.10) Except as otherwise provided in this Section, all
25		children enrolling in kindergarten in a public, private, or
26		parochial school on or after the effective date of this

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1		amendatory Act of the 95th General Assembly and any student
2		enrolling for the first time in a public, private, or parochial
3		school on or after the effective date of this amendatory Act of
4		the 95th General Assembly shall have an eye examination. Each
5		of these children shall present proof of having been examined
6		by a physician licensed to practice medicine in all of its
7		branches or a licensed optometrist within the previous year, in
8		accordance with this Section and rules adopted under this
9		Section, before October 15th of the school year. If the child
10		fails to present proof by October 15th, the school may hold the
11		child's report card until one of the following occurs: (i) the
12		child presents proof of a completed eye examination or (ii) the
13		child presents proof that an eye examination will take place
14		within 60 days after October 15th. The Department of Public
15		Health shall establish, by rule, a waiver for children who show
16		an undue burden or a lack of access to a physician licensed to
17		practice medicine in all of its branches who provides eye
18		examinations or to a licensed optometrist. Each public,
19		private, and parochial school must give notice of this eye
20		examination requirement to the parents and guardians of
21		students in compliance with rules of the Department of Public
22		Health. Nothing in this Section shall be construed to allow a
23		school to exclude a child from attending because of a parent's
24		or guardian's failure to obtain an eye examination for the
25		child.
26		(2) The Department of Public Health shall promulgate rules

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1		and regulations specifying the examinations and procedures
2		that constitute a health examination, which shall include the
3		collection of data relating to obesity (including at a minimum,
4		date of birth, gender, height, weight, blood pressure, and date
5		of exam), and a dental examination and may recommend by rule
6		that certain additional examinations be performed. The rules
7		and regulations of the Department of Public Health shall
8		specify that a tuberculosis skin test screening shall be
9		included as a required part of each health examination included
10		under this Section if the child resides in an area designated
11		by the Department of Public Health as having a high incidence
12		of tuberculosis. The Department of Public Health shall specify
13		that a diabetes screening as defined by rule shall be included
14		as a required part of each health examination. Diabetes testing
15		is not required.
16		Physicians licensed to practice medicine in all of its
17		branches, licensed advanced practice nurses, or licensed
18		physician assistants shall be responsible for the performance
19		of the health examinations, other than dental examinations, eye
20		examinations, and vision and hearing screening, and shall sign
21		all report forms required by subsection (4) of this Section
22		that pertain to those portions of the health examination for
23		which the physician, advanced practice nurse, or physician
24		assistant is responsible. If a registered nurse performs any
25		part of a health examination, then a physician licensed to
26		practice medicine in all of its branches must review and sign

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1		all required report forms. Licensed dentists shall perform all
2		dental examinations and shall sign all report forms required by
3		subsection (4) of this Section that pertain to the dental
4		examinations. Physicians licensed to practice medicine in all
5		its branches or licensed optometrists shall perform all eye
6		examinations required by this Section and shall sign all report
7		forms required by subsection (4) of this Section that pertain
8		to the eye examination. For purposes of this Section, an eye
9		examination shall at a minimum include history, visual acuity,
10		subjective refraction to best visual acuity near and far,
11		internal and external examination, and a glaucoma evaluation,
12		as well as any other tests or observations that in the
13		professional judgment of the doctor are necessary. Vision and
14		hearing screening tests, which shall not be considered
15		examinations as that term is used in this Section, shall be
16		conducted in accordance with rules and regulations of the
17		Department of Public Health, and by individuals whom the
18		Department of Public Health has certified. In these rules and
19		regulations, the Department of Public Health shall require that
20		individuals conducting vision screening tests give a child's
21		parent or guardian written notification, before the vision
22		screening is conducted, that states, "Vision screening is not a
23		substitute for a complete eye and vision evaluation by an eye
24		doctor. Your child is not required to undergo this vision
25		screening if an optometrist or ophthalmologist has completed
26		and signed a report form indicating that an examination has

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1		been administered within the previous 12 months."
2		(3) Every child shall, at or about the same time as he or
3		she receives a health examination required by subsection (1) of
4		this Section, present to the local school proof of having
5		received such immunizations against preventable communicable
6		diseases as the Department of Public Health shall require by
7		rules and regulations promulgated pursuant to this Section and
8		the Communicable Disease Prevention Act.
9		(4) The individuals conducting the health examination,
10		dental examination, or eye examination shall record the fact of
11		having conducted the examination, and such additional
12		information as required, including for a health examination
13		data relating to obesity (including at a minimum, date of
14		birth, gender, height, weight, blood pressure, and date of
15		exam), on uniform forms which the Department of Public Health
16		and the State Board of Education shall prescribe for statewide
17		use. The examiner shall summarize on the report form any
18		condition that he or she suspects indicates a need for special
19		services, including for a health examination factors relating
20		to obesity. The individuals confirming the administration of
21		required immunizations shall record as indicated on the form
22		that the immunizations were administered.
23		(5) If a child does not submit proof of having had either
24		the health examination or the immunization as required, then
25		the child shall be examined or receive the immunization, as the
26		case may be, and present proof by October 15 of the current

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1		school year, or by an earlier date of the current school year
2		established by a school district. To establish a date before
3		October 15 of the current school year for the health
4		examination or immunization as required, a school district must
5		give notice of the requirements of this Section 60 days prior
6		to the earlier established date. If for medical reasons one or
7		more of the required immunizations must be given after October
8		15 of the current school year, or after an earlier established
9		date of the current school year, then the child shall present,
10		by October 15, or by the earlier established date, a schedule
11		for the administration of the immunizations and a statement of
12		the medical reasons causing the delay, both the schedule and
13		the statement being issued by the physician, advanced practice
14		nurse, physician assistant, registered nurse, or local health
15		department that will be responsible for administration of the
16		remaining required immunizations. If a child does not comply by
17		October 15, or by the earlier established date of the current
18		school year, with the requirements of this subsection, then the
19		local school authority shall exclude that child from school
20		until such time as the child presents proof of having had the
21		health examination as required and presents proof of having
22		received those required immunizations which are medically
23		possible to receive immediately. During a child's exclusion
24		from school for noncompliance with this subsection, the child's
25		parents or legal guardian shall be considered in violation of
26		Section 26-1 and subject to any penalty imposed by Section

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1		26-10. This subsection (5) does not apply to dental
2		examinations and eye examinations. If the student is an
3		out-of-state transfer student and does not have the proof
4		required under this subsection (5) before October 15 of the
5		current year or whatever date is set by the school district,
6		then he or she may only attend classes (i) if he or she has
7		proof that an appointment for the required vaccinations has
8		been scheduled with a party authorized to submit proof of the
9		required vaccinations. If the proof of vaccination required
10		under this subsection (5) is not submitted within 30 days after
11		the student is permitted to attend classes, then the student is
12		not to be permitted to attend classes until proof of the
13		vaccinations has been properly submitted. No school district or
14		employee of a school district shall be held liable for any
15		injury or illness to another person that results from admitting
16		an out-of-state transfer student to class that has an
17		appointment scheduled pursuant to this subsection (5).
18		(6) Every school shall report to the State Board of
19		Education by November 15, in the manner which that agency shall
20		require, the number of children who have received the necessary
21		immunizations and the health examination (other than a dental
22		examination or eye examination) as required, indicating, of
23		those who have not received the immunizations and examination
24		as required, the number of children who are exempt from health
25		examination and immunization requirements on religious or
26		medical grounds as provided in subsection (8). On or before

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1		December 1 of each year, every public school district and
2		registered nonpublic school shall make publicly available the
3		immunization data they are required to submit to the State
4		Board of Education by November 15. The immunization data made
5		publicly available must be identical to the data the school
6		district or school has reported to the State Board of
7		Education.
8		Every school shall report to the State Board of Education
9		by June 30, in the manner that the State Board requires, the
10		number of children who have received the required dental
11		examination, indicating, of those who have not received the
12		required dental examination, the number of children who are
13		exempt from the dental examination on religious grounds as
14		provided in subsection (8) of this Section and the number of
15		children who have received a waiver under subsection (1.5) of
16		this Section.
17		Every school shall report to the State Board of Education
18		by June 30, in the manner that the State Board requires, the
19		number of children who have received the required eye
20		examination, indicating, of those who have not received the
21		required eye examination, the number of children who are exempt
22		from the eye examination as provided in subsection (8) of this
23		Section, the number of children who have received a waiver
24		under subsection (1.10) of this Section, and the total number
25		of children in noncompliance with the eye examination
26		requirement.

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1		The reported information under this subsection (6) shall be
2		provided to the Department of Public Health by the State Board
3		of Education.
4		(7) Upon determining that the number of pupils who are
5		required to be in compliance with subsection (5) of this
6		Section is below 90% of the number of pupils enrolled in the
7		school district, 10% of each State aid payment made pursuant to
8		Section 18-8.05 to the school district for such year may be
9		withheld by the State Board of Education until the number of
10		students in compliance with subsection (5) is the applicable
11		specified percentage or higher.
12		(8) Children of parents or legal guardians who object to
13		health, dental, or eye examinations or any part thereof, to
14		immunizations, or to vision and hearing screening tests on
15		religious grounds shall not be required to undergo the
16		examinations, tests, or immunizations to which they so object
17		if such parents or legal guardians present to the appropriate
18		local school authority a signed Certificate of Religious
19		Exemption detailing the grounds for objection and the specific
20		immunizations, tests, or examinations to which they object. The
21		grounds for objection must set forth the specific religious
22		belief that conflicts with the examination, test,
23		immunization, or other medical intervention. The signed
24		certificate shall also reflect the parent's or legal guardian's
25		understanding of the school's exclusion policies in the case of
26		a vaccine-preventable disease outbreak or exposure. The

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1		certificate must also be signed by the authorized examining
2		health care provider responsible for the performance of the
3		child's health examination confirming that the provider
4		provided education to the parent or legal guardian on the
5		benefits of immunization and the health risks to the student
6		and to the community of the communicable diseases for which
7		immunization is required in this State. However, the health
8		care provider's signature on the certificate reflects only that
9		education was provided and does not allow a health care
10		provider grounds to determine a religious exemption. Those
11		receiving immunizations required under this Code shall be
12		provided with the relevant vaccine information statements that
13		are required to be disseminated by the federal National
14		Childhood Vaccine Injury Act of 1986, which may contain
15		information on circumstances when a vaccine should not be
16		administered, prior to administering a vaccine. A healthcare
17		provider may consider including without limitation the
18		nationally accepted recommendations from federal agencies such
19		as the Advisory Committee on Immunization Practices, the
20		information outlined in the relevant vaccine information
21		statement, and vaccine package inserts, along with the
22		healthcare provider's clinical judgment, to determine whether
23		any child may be more susceptible to experiencing an adverse
24		vaccine reaction than the general population, and, if so, the
25		healthcare provider may exempt the child from an immunization
26		or adopt an individualized immunization schedule. The

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1		Certificate of Religious Exemption shall be created by the
2		Department of Public Health and shall be made available and
3		used by parents and legal guardians by the beginning of the
4		2015-2016 school year. Parents or legal guardians must submit
5		the Certificate of Religious Exemption to their local school
6		authority prior to entering kindergarten, sixth grade, and
7		ninth grade for each child for which they are requesting an
8		exemption. The religious objection stated need not be directed
9		by the tenets of an established religious organization.
10		However, general philosophical or moral reluctance to allow
11		physical examinations, eye examinations, immunizations, vision
12		and hearing screenings, or dental examinations does not provide
13		a sufficient basis for an exception to statutory requirements.
14		The local school authority is responsible for determining if
15		the content of the Certificate of Religious Exemption
16		constitutes a valid religious objection. The local school
17		authority shall inform the parent or legal guardian of
18		exclusion procedures, in accordance with the Department's
19		rules under Part 690 of Title 77 of the Illinois Administrative
20		Code, at the time the objection is presented.
21		If the physical condition of the child is such that any one
22		or more of the immunizing agents should not be administered,
23		the examining physician, advanced practice nurse, or physician
24		assistant responsible for the performance of the health
25		examination shall endorse that fact upon the health examination
26		form.

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1		Exempting a child from the health, dental, or eye
2		examination does not exempt the child from participation in the
3		program of physical education training provided in Sections
4		27-5 through 27-7 of this Code.
5		(9) For the purposes of this Section, "nursery schools"
6		means those nursery schools operated by elementary school
7		systems or secondary level school units or institutions of
8		higher learning.
9		(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
10		99-249, eff. 8-3-15; revised 10-21-15.)
11		(105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2)
12		Sec. 27-24.2. Safety education; driver education course.
13		Instruction shall be given in safety education in each of
14		grades one through though 8, equivalent to one class period
15		each week, and any school district which maintains grades 9
16		through 12 shall offer a driver education course in any such
17		school which it operates. Its curriculum shall include content
18		dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois
19		Vehicle Code, the rules adopted pursuant to those Chapters
20		insofar as they pertain to the operation of motor vehicles, and
21		the portions of the Litter Control Act relating to the
22		operation of motor vehicles. The course of instruction given in
23		grades 10 through 12 shall include an emphasis on the
24		development of knowledge, attitudes, habits, and skills
25		necessary for the safe operation of motor vehicles, including

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1		motorcycles insofar as they can be taught in the classroom, and
2		instruction on distracted driving as a major traffic safety
3		issue. In addition, the course shall include instruction on
4		special hazards existing at and required safety and driving
5		precautions that must be observed at emergency situations,
6		highway construction and maintenance zones, and railroad
7		crossings and the approaches thereto. The course of instruction
8		required of each eligible student at the high school level
9		shall consist of a minimum of 30 clock hours of classroom
10		instruction and a minimum of 6 clock hours of individual
11		behind-the-wheel instruction in a dual control car on public
12		roadways taught by a driver education instructor endorsed by
13		the State Board of Education. Both the classroom instruction
14		part and the practice driving part of such driver education
15		course shall be open to a resident or non-resident student
16		attending a non-public school in the district wherein the
17		course is offered. Each student attending any public or
18		non-public high school in the district must receive a passing
19		grade in at least 8 courses during the previous 2 semesters
20		prior to enrolling in a driver education course, or the student
21		shall not be permitted to enroll in the course; provided that
22		the local superintendent of schools (with respect to a student
23		attending a public high school in the district) or chief school
24		administrator (with respect to a student attending a non-public
25		high school in the district) may waive the requirement if the
26		superintendent or chief school administrator, as the case may

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1		be, deems it to be in the best interest of the student. A
2		student may be allowed to commence the classroom instruction
3		part of such driver education course prior to reaching age 15
4		if such student then will be eligible to complete the entire
5		course within 12 months after being allowed to commence such
6		classroom instruction.
7		Such a course may be commenced immediately after the
8		completion of a prior course. Teachers of such courses shall
9		meet the certification requirements of this Act and regulations
10		of the State Board as to qualifications.
11		Subject to rules of the State Board of Education, the
12		school district may charge a reasonable fee, not to exceed $50,
13		to students who participate in the course, unless a student is
14		unable to pay for such a course, in which event the fee for
15		such a student must be waived. However, the district may
16		increase this fee to an amount not to exceed $250 by school
17		board resolution following a public hearing on the increase,
18		which increased fee must be waived for students who participate
19		in the course and are unable to pay for the course. The total
20		amount from driver education fees and reimbursement from the
21		State for driver education must not exceed the total cost of
22		the driver education program in any year and must be deposited
23		into the school district's driver education fund as a separate
24		line item budget entry. All moneys deposited into the school
25		district's driver education fund must be used solely for the
26		funding of a high school driver education program approved by

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1		the State Board of Education that uses driver education
2		instructors endorsed by the State Board of Education.
3		(Source: P.A. 96-734, eff. 8-25-09; 97-145, eff. 7-14-11;
4		revised 10-21-15.)
5		(105 ILCS 5/27A-5)
6		(Text of Section before amendment by P.A. 99-456)
7		Sec. 27A-5. Charter school; legal entity; requirements.
8		(a) A charter school shall be a public, nonsectarian,
9		nonreligious, non-home based, and non-profit school. A charter
10		school shall be organized and operated as a nonprofit
11		corporation or other discrete, legal, nonprofit entity
12		authorized under the laws of the State of Illinois.
13		(b) A charter school may be established under this Article
14		by creating a new school or by converting an existing public
15		school or attendance center to charter school status. Beginning
16		on April 16, 2003 (the effective date of Public Act 93-3) this
17		amendatory Act of the 93rd General Assembly, in all new
18		applications to establish a charter school in a city having a
19		population exceeding 500,000, operation of the charter school
20		shall be limited to one campus. The changes made to this
21		Section by Public Act 93-3 this amendatory Act of the 93rd
22		General Assembly do not apply to charter schools existing or
23		approved on or before April 16, 2003 (the effective date of
24		Public Act 93-3) this amendatory Act.
25		(b-5) In this subsection (b-5), "virtual-schooling" means

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1		a cyber school where students engage in online curriculum and
2		instruction via the Internet and electronic communication with
3		their teachers at remote locations and with students
4		participating at different times.
5		From April 1, 2013 through December 31, 2016, there is a
6		moratorium on the establishment of charter schools with
7		virtual-schooling components in school districts other than a
8		school district organized under Article 34 of this Code. This
9		moratorium does not apply to a charter school with
10		virtual-schooling components existing or approved prior to
11		April 1, 2013 or to the renewal of the charter of a charter
12		school with virtual-schooling components already approved
13		prior to April 1, 2013.
14		On or before March 1, 2014, the Commission shall submit to
15		the General Assembly a report on the effect of
16		virtual-schooling, including without limitation the effect on
17		student performance, the costs associated with
18		virtual-schooling, and issues with oversight. The report shall
19		include policy recommendations for virtual-schooling.
20		(c) A charter school shall be administered and governed by
21		its board of directors or other governing body in the manner
22		provided in its charter. The governing body of a charter school
23		shall be subject to the Freedom of Information Act and the Open
24		Meetings Act.
25		(d) For purposes of this subsection (d), "non-curricular
26		health and safety requirement" means any health and safety

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1		requirement created by statute or rule to provide, maintain,
2		preserve, or safeguard safe or healthful conditions for
3		students and school personnel or to eliminate, reduce, or
4		prevent threats to the health and safety of students and school
5		personnel. "Non-curricular health and safety requirement" does
6		not include any course of study or specialized instructional
7		requirement for which the State Board has established goals and
8		learning standards or which is designed primarily to impart
9		knowledge and skills for students to master and apply as an
10		outcome of their education.
11		A charter school shall comply with all non-curricular
12		health and safety requirements applicable to public schools
13		under the laws of the State of Illinois. On or before September
14		1, 2015, the State Board shall promulgate and post on its
15		Internet website a list of non-curricular health and safety
16		requirements that a charter school must meet. The list shall be
17		updated annually no later than September 1. Any charter
18		contract between a charter school and its authorizer must
19		contain a provision that requires the charter school to follow
20		the list of all non-curricular health and safety requirements
21		promulgated by the State Board and any non-curricular health
22		and safety requirements added by the State Board to such list
23		during the term of the charter. Nothing in this subsection (d)
24		precludes an authorizer from including non-curricular health
25		and safety requirements in a charter school contract that are
26		not contained in the list promulgated by the State Board,

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1		including non-curricular health and safety requirements of the
2		authorizing local school board.
3		(e) Except as otherwise provided in the School Code, a
4		charter school shall not charge tuition; provided that a
5		charter school may charge reasonable fees for textbooks,
6		instructional materials, and student activities.
7		(f) A charter school shall be responsible for the
8		management and operation of its fiscal affairs including, but
9		not limited to, the preparation of its budget. An audit of each
10		charter school's finances shall be conducted annually by an
11		outside, independent contractor retained by the charter
12		school. To ensure financial accountability for the use of
13		public funds, on or before December 1 of every year of
14		operation, each charter school shall submit to its authorizer
15		and the State Board a copy of its audit and a copy of the Form
16		990 the charter school filed that year with the federal
17		Internal Revenue Service. In addition, if deemed necessary for
18		proper financial oversight of the charter school, an authorizer
19		may require quarterly financial statements from each charter
20		school.
21		(g) A charter school shall comply with all provisions of
22		this Article, the Illinois Educational Labor Relations Act, all
23		federal and State laws and rules applicable to public schools
24		that pertain to special education and the instruction of
25		English learners, and its charter. A charter school is exempt
26		from all other State laws and regulations in this Code

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1		governing public schools and local school board policies;
2		however, a charter school is not exempt from the following:
3		(1) Sections 10-21.9 and 34-18.5 of this Code regarding
4		criminal history records checks and checks of the Statewide
5		Sex Offender Database and Statewide Murderer and Violent
6		Offender Against Youth Database of applicants for
7		employment;
8		(2) Sections 24-24 and 34-84A of this Code regarding
9		discipline of students;
10		(3) the Local Governmental and Governmental Employees
11		Tort Immunity Act;
12		(4) Section 108.75 of the General Not For Profit
13		Corporation Act of 1986 regarding indemnification of
14		officers, directors, employees, and agents;
15		(5) the Abused and Neglected Child Reporting Act;
16		(6) the Illinois School Student Records Act;
17		(7) Section 10-17a of this Code regarding school report
18		cards;
19		(8) the P-20 Longitudinal Education Data System Act;
20		(9) Section 27-23.7 of this Code regarding bullying
21		prevention; and
22		(10) Section 2-3.162 of this Code regarding student
23		discipline reporting; and
24		(11) Section 22-80 of this Code.
25		The change made by Public Act 96-104 to this subsection (g)
26		is declaratory of existing law.

HB5540 Enrolled - 638 - LRB099 16003 AMC 40320 b
1		(h) A charter school may negotiate and contract with a
2		school district, the governing body of a State college or
3		university or public community college, or any other public or
4		for-profit or nonprofit private entity for: (i) the use of a
5		school building and grounds or any other real property or
6		facilities that the charter school desires to use or convert
7		for use as a charter school site, (ii) the operation and
8		maintenance thereof, and (iii) the provision of any service,
9		activity, or undertaking that the charter school is required to
10		perform in order to carry out the terms of its charter.
11		However, a charter school that is established on or after April
12		16, 2003 (the effective date of Public Act 93-3) this
13		amendatory Act of the 93rd General Assembly and that operates
14		in a city having a population exceeding 500,000 may not
15		contract with a for-profit entity to manage or operate the
16		school during the period that commences on April 16, 2003 (the
17		effective date of Public Act 93-3) this amendatory Act of the
18		93rd General Assembly and concludes at the end of the 2004-2005
19		school year. Except as provided in subsection (i) of this
20		Section, a school district may charge a charter school
21		reasonable rent for the use of the district's buildings,
22		grounds, and facilities. Any services for which a charter
23		school contracts with a school district shall be provided by
24		the district at cost. Any services for which a charter school
25		contracts with a local school board or with the governing body
26		of a State college or university or public community college

HB5540 Enrolled - 639 - LRB099 16003 AMC 40320 b
1		shall be provided by the public entity at cost.
2		(i) In no event shall a charter school that is established
3		by converting an existing school or attendance center to
4		charter school status be required to pay rent for space that is
5		deemed available, as negotiated and provided in the charter
6		agreement, in school district facilities. However, all other
7		costs for the operation and maintenance of school district
8		facilities that are used by the charter school shall be subject
9		to negotiation between the charter school and the local school
10		board and shall be set forth in the charter.
11		(j) A charter school may limit student enrollment by age or
12		grade level.
13		(k) If the charter school is approved by the Commission,
14		then the Commission charter school is its own local education
15		agency.
16		(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
17		eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
18		98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
19		7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
20		8-10-15; revised 10-19-15.)
21		(Text of Section after amendment by P.A. 99-456)
22		Sec. 27A-5. Charter school; legal entity; requirements.
23		(a) A charter school shall be a public, nonsectarian,
24		nonreligious, non-home based, and non-profit school. A charter
25		school shall be organized and operated as a nonprofit

HB5540 Enrolled - 640 - LRB099 16003 AMC 40320 b
1		corporation or other discrete, legal, nonprofit entity
2		authorized under the laws of the State of Illinois.
3		(b) A charter school may be established under this Article
4		by creating a new school or by converting an existing public
5		school or attendance center to charter school status. Beginning
6		on April 16, 2003 (the effective date of Public Act 93-3) this
7		amendatory Act of the 93rd General Assembly, in all new
8		applications to establish a charter school in a city having a
9		population exceeding 500,000, operation of the charter school
10		shall be limited to one campus. The changes made to this
11		Section by Public Act 93-3 this amendatory Act of the 93rd
12		General Assembly do not apply to charter schools existing or
13		approved on or before April 16, 2003 (the effective date of
14		Public Act 93-3) this amendatory Act.
15		(b-5) In this subsection (b-5), "virtual-schooling" means
16		a cyber school where students engage in online curriculum and
17		instruction via the Internet and electronic communication with
18		their teachers at remote locations and with students
19		participating at different times.
20		From April 1, 2013 through December 31, 2016, there is a
21		moratorium on the establishment of charter schools with
22		virtual-schooling components in school districts other than a
23		school district organized under Article 34 of this Code. This
24		moratorium does not apply to a charter school with
25		virtual-schooling components existing or approved prior to
26		April 1, 2013 or to the renewal of the charter of a charter

HB5540 Enrolled - 641 - LRB099 16003 AMC 40320 b
1		school with virtual-schooling components already approved
2		prior to April 1, 2013.
3		On or before March 1, 2014, the Commission shall submit to
4		the General Assembly a report on the effect of
5		virtual-schooling, including without limitation the effect on
6		student performance, the costs associated with
7		virtual-schooling, and issues with oversight. The report shall
8		include policy recommendations for virtual-schooling.
9		(c) A charter school shall be administered and governed by
10		its board of directors or other governing body in the manner
11		provided in its charter. The governing body of a charter school
12		shall be subject to the Freedom of Information Act and the Open
13		Meetings Act.
14		(d) For purposes of this subsection (d), "non-curricular
15		health and safety requirement" means any health and safety
16		requirement created by statute or rule to provide, maintain,
17		preserve, or safeguard safe or healthful conditions for
18		students and school personnel or to eliminate, reduce, or
19		prevent threats to the health and safety of students and school
20		personnel. "Non-curricular health and safety requirement" does
21		not include any course of study or specialized instructional
22		requirement for which the State Board has established goals and
23		learning standards or which is designed primarily to impart
24		knowledge and skills for students to master and apply as an
25		outcome of their education.
26		A charter school shall comply with all non-curricular

HB5540 Enrolled - 642 - LRB099 16003 AMC 40320 b
1		health and safety requirements applicable to public schools
2		under the laws of the State of Illinois. On or before September
3		1, 2015, the State Board shall promulgate and post on its
4		Internet website a list of non-curricular health and safety
5		requirements that a charter school must meet. The list shall be
6		updated annually no later than September 1. Any charter
7		contract between a charter school and its authorizer must
8		contain a provision that requires the charter school to follow
9		the list of all non-curricular health and safety requirements
10		promulgated by the State Board and any non-curricular health
11		and safety requirements added by the State Board to such list
12		during the term of the charter. Nothing in this subsection (d)
13		precludes an authorizer from including non-curricular health
14		and safety requirements in a charter school contract that are
15		not contained in the list promulgated by the State Board,
16		including non-curricular health and safety requirements of the
17		authorizing local school board.
18		(e) Except as otherwise provided in the School Code, a
19		charter school shall not charge tuition; provided that a
20		charter school may charge reasonable fees for textbooks,
21		instructional materials, and student activities.
22		(f) A charter school shall be responsible for the
23		management and operation of its fiscal affairs including, but
24		not limited to, the preparation of its budget. An audit of each
25		charter school's finances shall be conducted annually by an
26		outside, independent contractor retained by the charter

HB5540 Enrolled - 643 - LRB099 16003 AMC 40320 b
1		school. To ensure financial accountability for the use of
2		public funds, on or before December 1 of every year of
3		operation, each charter school shall submit to its authorizer
4		and the State Board a copy of its audit and a copy of the Form
5		990 the charter school filed that year with the federal
6		Internal Revenue Service. In addition, if deemed necessary for
7		proper financial oversight of the charter school, an authorizer
8		may require quarterly financial statements from each charter
9		school.
10		(g) A charter school shall comply with all provisions of
11		this Article, the Illinois Educational Labor Relations Act, all
12		federal and State laws and rules applicable to public schools
13		that pertain to special education and the instruction of
14		English learners, and its charter. A charter school is exempt
15		from all other State laws and regulations in this Code
16		governing public schools and local school board policies;
17		however, a charter school is not exempt from the following:
18		(1) Sections 10-21.9 and 34-18.5 of this Code regarding
19		criminal history records checks and checks of the Statewide
20		Sex Offender Database and Statewide Murderer and Violent
21		Offender Against Youth Database of applicants for
22		employment;
23		(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
24		34-84a of this Code regarding discipline of students;
25		(3) the Local Governmental and Governmental Employees
26		Tort Immunity Act;

HB5540 Enrolled - 644 - LRB099 16003 AMC 40320 b
1		(4) Section 108.75 of the General Not For Profit
2		Corporation Act of 1986 regarding indemnification of
3		officers, directors, employees, and agents;
4		(5) the Abused and Neglected Child Reporting Act;
5		(6) the Illinois School Student Records Act;
6		(7) Section 10-17a of this Code regarding school report
7		cards;
8		(8) the P-20 Longitudinal Education Data System Act;
9		(9) Section 27-23.7 of this Code regarding bullying
10		prevention; and
11		(10) Section 2-3.162 of this Code regarding student
12		discipline reporting; and
13		(11) Section 22-80 of this Code.
14		The change made by Public Act 96-104 to this subsection (g)
15		is declaratory of existing law.
16		(h) A charter school may negotiate and contract with a
17		school district, the governing body of a State college or
18		university or public community college, or any other public or
19		for-profit or nonprofit private entity for: (i) the use of a
20		school building and grounds or any other real property or
21		facilities that the charter school desires to use or convert
22		for use as a charter school site, (ii) the operation and
23		maintenance thereof, and (iii) the provision of any service,
24		activity, or undertaking that the charter school is required to
25		perform in order to carry out the terms of its charter.
26		However, a charter school that is established on or after April

HB5540 Enrolled - 645 - LRB099 16003 AMC 40320 b
1		16, 2003 (the effective date of Public Act 93-3) this
2		amendatory Act of the 93rd General Assembly and that operates
3		in a city having a population exceeding 500,000 may not
4		contract with a for-profit entity to manage or operate the
5		school during the period that commences on April 16, 2003 (the
6		effective date of Public Act 93-3) this amendatory Act of the
7		93rd General Assembly and concludes at the end of the 2004-2005
8		school year. Except as provided in subsection (i) of this
9		Section, a school district may charge a charter school
10		reasonable rent for the use of the district's buildings,
11		grounds, and facilities. Any services for which a charter
12		school contracts with a school district shall be provided by
13		the district at cost. Any services for which a charter school
14		contracts with a local school board or with the governing body
15		of a State college or university or public community college
16		shall be provided by the public entity at cost.
17		(i) In no event shall a charter school that is established
18		by converting an existing school or attendance center to
19		charter school status be required to pay rent for space that is
20		deemed available, as negotiated and provided in the charter
21		agreement, in school district facilities. However, all other
22		costs for the operation and maintenance of school district
23		facilities that are used by the charter school shall be subject
24		to negotiation between the charter school and the local school
25		board and shall be set forth in the charter.
26		(j) A charter school may limit student enrollment by age or

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1		grade level.
2		(k) If the charter school is approved by the Commission,
3		then the Commission charter school is its own local education
4		agency.
5		(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
6		eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
7		98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
8		7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
9		8-10-15; 99-456, eff. 9-15-16; revised 10-19-15.)
10		(105 ILCS 5/32-5) (from Ch. 122, par. 32-5)
11		Sec. 32-5. Bond issues - District boundaries coextensive
12		with city. For the purpose of building or repairing
13		schoolhouses or purchasing or improving school sites,
14		including the purchase of school sites outside the boundaries
15		of the school district and building school buildings thereon as
16		provided by Section 10-20.10 of this Act, any special charter
17		district governed by a special charter, and special or general
18		school laws, whose boundaries are coextensive with or greater
19		than the boundaries of any incorporated city, town or village,
20		where authorized by a majority of all the votes cast on the
21		proposition may borrow money and as evidence of the
22		indebtedness, may issue bonds in denominations of not less than
23		$100 nor more than $1,000, for a term not to exceed 20 years
24		bearing interest at a rate not to exceed the maximum rate
25		authorized by the Bond Authorization Act, as amended at the

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1		time of the making of the contract, payable annually,
2		semi-annually, or quarterly, ct signed by the president and
3		secretary of the school board of the district; provided, that
4		the amount borrowed shall not exceed, including existing
5		indebtedness, 5% of the taxable property of such school
6		district, as ascertained by the last assessment for State and
7		county taxes previous to incurring such indebtedness.
8		With respect to instruments for the payment of money issued
9		under this Section either before, on, or after June 6, 1989
10		(the effective date of Public Act 86-4) this amendatory Act of
11		1989, it is and always has been the intention of the General
12		Assembly (i) that the Omnibus Bond Acts are and always have
13		been supplementary grants of power to issue instruments in
14		accordance with the Omnibus Bond Acts, regardless of any
15		provision of this Act that may appear to be or to have been
16		more restrictive than those Acts, (ii) that the provisions of
17		this Section are not a limitation on the supplementary
18		authority granted by the Omnibus Bond Acts, and (iii) that
19		instruments issued under this Section within the supplementary
20		authority granted by the Omnibus Bond Acts are not invalid
21		because of any provision of this Act that may appear to be or
22		to have been more restrictive than those Acts.
23		(Source: P.A. 86-4; revised 10-9-15.)
24		(105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
25		Sec. 34-2.4. School improvement plan. A 3-year 3 year local

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1		school improvement plan shall be developed and implemented at
2		each attendance center. This plan shall reflect the overriding
3		purpose of the attendance center to improve educational
4		quality. The local school principal shall develop a school
5		improvement plan in consultation with the local school council,
6		all categories of school staff, parents and community
7		residents. Once the plan is developed, reviewed by the
8		professional personnel leadership committee, and approved by
9		the local school council, the principal shall be responsible
10		for directing implementation of the plan, and the local school
11		council shall monitor its implementation. After the
12		termination of the initial 3-year 3 year plan, a new 3-year 3
13		year plan shall be developed and modified as appropriate on an
14		annual basis.
15		The school improvement plan shall be designed to achieve
16		priority goals including but not limited to:
17		(a) assuring that students show significant progress
18		toward meeting and exceeding State performance standards
19		in State mandated learning areas, including the mastery of
20		higher order thinking skills in these areas;
21		(b) assuring that students attend school regularly and
22		graduate from school at such rates that the district
23		average equals or surpasses national norms;
24		(c) assuring that students are adequately prepared for
25		and aided in making a successful transition to further
26		education and life experience;

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1		(d) assuring that students are adequately prepared for
2		and aided in making a successful transition to employment;
3		and
4		(e) assuring that students are, to the maximum extent
5		possible, provided with a common learning experience that
6		is of high academic quality and that reflects high
7		expectations for all students' capacities to learn.
8		With respect to these priority goals, the school
9		improvement plan shall include but not be limited to the
10		following:
11		(a) an analysis of data collected in the attendance
12		center and community indicating the specific strengths and
13		weaknesses of the attendance center in light of the goals
14		specified above, including data and analysis specified by
15		the State Board of Education pertaining to specific
16		measurable outcomes for student performance, the
17		attendance centers, and their instructional programs;
18		(b) a description of specific annual objectives the
19		attendance center will pursue in achieving the goals
20		specified above;
21		(c) a description of the specific activities the
22		attendance center will undertake to achieve its
23		objectives;
24		(d) an analysis of the attendance center's staffing
25		pattern and material resources, and an explanation of how
26		the attendance center's planned staffing pattern, the

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1		deployment of staff, and the use of material resources
2		furthers the objectives of the plan;
3		(e) a description of the key assumptions and directions
4		of the school's curriculum and the academic and
5		non-academic programs of the attendance center, and an
6		explanation of how this curriculum and these programs
7		further the goals and objectives of the plan;
8		(f) a description of the steps that will be taken to
9		enhance educational opportunities for all students,
10		regardless of gender, including English learners, students
11		with disabilities, low-income students, and minority
12		students;
13		(g) a description of any steps which may be taken by
14		the attendance center to educate parents as to how they can
15		assist children at home in preparing their children to
16		learn effectively;
17		(h) a description of the steps the attendance center
18		will take to coordinate its efforts with, and to gain the
19		participation and support of, community residents,
20		business organizations, and other local institutions and
21		individuals;
22		(i) a description of any staff development program for
23		all school staff and volunteers tied to the priority goals,
24		objectives, and activities specified in the plan;
25		(j) a description of the steps the local school council
26		will undertake to monitor implementation of the plan on an

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1		ongoing basis;
2		(k) a description of the steps the attendance center
3		will take to ensure that teachers have working conditions
4		that provide a professional environment conducive to
5		fulfilling their responsibilities;
6		(l) a description of the steps the attendance center
7		will take to ensure teachers the time and opportunity to
8		incorporate new ideas and techniques, both in subject
9		matter and teaching skills, into their own work;
10		(m) a description of the steps the attendance center
11		will take to encourage pride and positive identification
12		with the attendance center through various athletic
13		activities; and
14		(n) a description of the student need for and provision
15		of services to special populations, beyond the standard
16		school programs provided for students in grades K through
17		12 and those enumerated in the categorical programs cited
18		in item d of part 4 of Section 34-2.3, including financial
19		costs of providing same and a timeline for implementing the
20		necessary services, including but not limited, when
21		applicable, to ensuring the provisions of educational
22		services to all eligible children aged 4 years for the
23		1990-91 school year and thereafter, reducing class size to
24		State averages in grades K-3 for the 1991-92 school year
25		and thereafter and in all grades for the 1993-94 school
26		year and thereafter, and providing sufficient staff and

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1		facility resources for students not served in the regular
2		classroom setting.
3		Based on the analysis of data collected indicating specific
4		strengths and weaknesses of the attendance center, the school
5		improvement plan may place greater emphasis from year to year
6		on particular priority goals, objectives, and activities.
7		(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15;
8		revised 10-21-15.)
9		(105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
10		Sec. 34-8.1. Principals. Principals shall be employed to
11		supervise the operation of each attendance center. Their powers
12		and duties shall include but not be limited to the authority
13		(i) to direct, supervise, evaluate, and suspend with or without
14		pay or otherwise discipline all teachers, assistant
15		principals, and other employees assigned to the attendance
16		center in accordance with board rules and policies and (ii) to
17		direct all other persons assigned to the attendance center
18		pursuant to a contract with a third party to provide services
19		to the school system. The right to employ, discharge, and
20		layoff shall be vested solely with the board, provided that
21		decisions to discharge or suspend non-certified employees,
22		including disciplinary layoffs, and the termination of
23		certified employees from employment pursuant to a layoff or
24		reassignment policy are subject to review under the grievance
25		resolution procedure adopted pursuant to subsection (c) of

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1		Section 10 of the Illinois Educational Labor Relations Act. The
2		grievance resolution procedure adopted by the board shall
3		provide for final and binding arbitration, and,
4		notwithstanding any other provision of law to the contrary, the
5		arbitrator's decision may include all make-whole relief,
6		including without limitation reinstatement. The principal
7		shall fill positions by appointment as provided in this Section
8		and may make recommendations to the board regarding the
9		employment, discharge, or layoff of any individual. The
10		authority of the principal shall include the authority to
11		direct the hours during which the attendance center shall be
12		open and available for use provided the use complies with board
13		rules and policies, to determine when and what operations shall
14		be conducted within those hours, and to schedule staff within
15		those hours. Under the direction of, and subject to the
16		authority of the principal, the Engineer In Charge shall be
17		accountable for the safe, economical operation of the plant and
18		grounds and shall also be responsible for orientation,
19		training, and supervising the work of Engineers, Trainees,
20		school maintenance assistants, custodial workers and other
21		plant operation employees under his or her direction.
22		There shall be established by the board a system of
23		semi-annual evaluations conducted by the principal as to
24		performance of the engineer in charge. Nothing in this Section
25		shall prevent the principal from conducting additional
26		evaluations. An overall numerical rating shall be given by the

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1		principal based on the evaluation conducted by the principal.
2		An unsatisfactory numerical rating shall result in
3		disciplinary action, which may include, without limitation and
4		in the judgment of the principal, loss of promotion or bidding
5		procedure, reprimand, suspension with or without pay, or
6		recommended dismissal. The board shall establish procedures
7		for conducting the evaluation and reporting the results to the
8		engineer in charge.
9		Under the direction of, and subject to the authority of,
10		the principal, the Food Service Manager is responsible at all
11		times for the proper operation and maintenance of the lunch
12		room to which he is assigned and shall also be responsible for
13		the orientation, training, and supervising the work of cooks,
14		bakers, porters, and lunchroom attendants under his or her
15		direction.
16		There shall be established by the Board a system of
17		semi-annual evaluations conducted by the principal as to the
18		performance of the food service manager. Nothing in this
19		Section shall prevent the principal from conducting additional
20		evaluations. An overall numerical rating shall be given by the
21		principal based on the evaluation conducted by the principal.
22		An unsatisfactory numerical rating shall result in
23		disciplinary action which may include, without limitation and
24		in the judgment of the principal, loss of promotion or bidding
25		procedure, reprimand, suspension with or without pay, or
26		recommended dismissal. The board shall establish rules for

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1		conducting the evaluation and reporting the results to the food
2		service manager.
3		Nothing in this Section shall be interpreted to require the
4		employment or assignment of an Engineer-In-Charge or a Food
5		Service Manager for each attendance center.
6		Principals shall be employed to supervise the educational
7		operation of each attendance center. If a principal is absent
8		due to extended illness or leave of or absence, an assistant
9		principal may be assigned as acting principal for a period not
10		to exceed 100 school days. Each principal shall assume
11		administrative responsibility and instructional leadership, in
12		accordance with reasonable rules and regulations of the board,
13		for the planning, operation and evaluation of the educational
14		program of the attendance center to which he is assigned. The
15		principal shall submit recommendations to the general
16		superintendent concerning the appointment, dismissal,
17		retention, promotion, and assignment of all personnel assigned
18		to the attendance center; provided, that from and after
19		September 1, 1989: (i) if any vacancy occurs in a position at
20		the attendance center or if an additional or new position is
21		created at the attendance center, that position shall be filled
22		by appointment made by the principal in accordance with
23		procedures established and provided by the Board whenever the
24		majority of the duties included in that position are to be
25		performed at the attendance center which is under the
26		principal's supervision, and each such appointment so made by

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1		the principal shall be made and based upon merit and ability to
2		perform in that position without regard to seniority or length
3		of service, provided, that such appointments shall be subject
4		to the Board's desegregation obligations, including but not
5		limited to the Consent Decree and Desegregation Plan in U.S. v.
6		Chicago Board of Education; (ii) the principal shall submit
7		recommendations based upon merit and ability to perform in the
8		particular position, without regard to seniority or length of
9		service, to the general superintendent concerning the
10		appointment of any teacher, teacher aide, counselor, clerk,
11		hall guard, security guard and any other personnel which is to
12		be made by the general superintendent whenever less than a
13		majority of the duties of that teacher, teacher aide,
14		counselor, clerk, hall guard, and security guard and any other
15		personnel are to be performed at the attendance center which is
16		under the principal's supervision; and (iii) subject to law and
17		the applicable collective bargaining agreements, the authority
18		and responsibilities of a principal with respect to the
19		evaluation of all teachers and other personnel assigned to an
20		attendance center shall commence immediately upon his or her
21		appointment as principal of the attendance center, without
22		regard to the length of time that he or she has been the
23		principal of that attendance center.
24		Notwithstanding the existence of any other law of this
25		State, nothing in this Act shall prevent the board from
26		entering into a contract with a third party for services

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1		currently performed by any employee or bargaining unit member.
2		Notwithstanding any other provision of this Article, each
3		principal may approve contracts, binding on the board, in the
4		amount of no more than $10,000, if the contract is endorsed by
5		the Local School Council.
6		Unless otherwise prohibited by law or by rule of the board,
7		the principal shall provide to local school council members
8		copies of all internal audits and any other pertinent
9		information generated by any audits or reviews of the programs
10		and operation of the attendance center.
11		Each principal shall hold a valid administrative
12		certificate issued or exchanged in accordance with Article 21
13		and endorsed as required by that Article for the position of
14		principal. The board may establish or impose academic,
15		educational, examination, and experience requirements and
16		criteria that are in addition to those established and required
17		by Article 21 for issuance of a valid certificate endorsed for
18		the position of principal as a condition of the nomination,
19		selection, appointment, employment, or continued employment of
20		a person as principal of any attendance center, or as a
21		condition of the renewal of any principal's performance
22		contract.
23		The board shall specify in its formal job description for
24		principals, and from and after July 1, 1990 shall specify in
25		the 4 year performance contracts for use with respect to all
26		principals, that his or her primary responsibility is in the

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1		improvement of instruction. A majority of the time spent by a
2		principal shall be spent on curriculum and staff development
3		through both formal and informal activities, establishing
4		clear lines of communication regarding school goals,
5		accomplishments, practices and policies with parents and
6		teachers. The principal, with the assistance of the local
7		school council, shall develop a school improvement plan as
8		provided in Section 34-2.4 and, upon approval of the plan by
9		the local school council, shall be responsible for directing
10		implementation of the plan. The principal, with the assistance
11		of the professional personnel leadership committee, shall
12		develop the specific methods and contents of the school's
13		curriculum within the board's system-wide curriculum standards
14		and objectives and the requirements of the school improvement
15		plan. The board shall ensure that all principals are evaluated
16		on their instructional leadership ability and their ability to
17		maintain a positive education and learning climate. It shall
18		also be the responsibility of the principal to utilize
19		resources of proper law enforcement agencies when the safety
20		and welfare of students and teachers are threatened by illegal
21		use of drugs and alcohol, by illegal use or possession of
22		weapons, or by illegal gang activity.
23		Nothing in this Section shall prohibit the board and the
24		exclusive representative of the district's teachers from
25		entering into an agreement under Section 34-85c of this Code to
26		establish alternative procedures for teacher evaluation,

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1		remediation, and removal for cause after remediation,
2		including an alternative system for peer evaluation and
3		recommendations, for teachers assigned to schools identified
4		in that agreement.
5		On or before October 1, 1989, the Board of Education, in
6		consultation with any professional organization representing
7		principals in the district, shall promulgate rules and
8		implement a lottery for the purpose of determining whether a
9		principal's existing performance contract (including the
10		performance contract applicable to any principal's position in
11		which a vacancy then exists) expires on June 30, 1990 or on
12		June 30, 1991, and whether the ensuing 4 year performance
13		contract begins on July 1, 1990 or July 1, 1991. The Board of
14		Education shall establish and conduct the lottery in such
15		manner that of all the performance contracts of principals
16		(including the performance contracts applicable to all
17		principal positions in which a vacancy then exists), 50% of
18		such contracts shall expire on June 30, 1990, and 50% shall
19		expire on June 30, 1991. All persons serving as principal on
20		May 1, 1989, and all persons appointed as principal after May
21		1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner
22		other than as provided by Section 34-2.3, shall be deemed by
23		operation of law to be serving under a performance contract
24		which expires on June 30, 1990 or June 30, 1991; and unless
25		such performance contract of any such principal is renewed (or
26		such person is again appointed to serve as principal) in the

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1		manner provided by Section 34-2.2 or 34-2.3, the employment of
2		such person as principal shall terminate on June 30, 1990 or
3		June 30, 1991.
4		Commencing on July 1, 1990, or on July 1, 1991, and
5		thereafter, the principal of each attendance center shall be
6		the person selected in the manner provided by Section 34-2.3 to
7		serve as principal of that attendance center under a 4 year
8		performance contract. All performance contracts of principals
9		expiring after July 1, 1990, or July 1, 1991, shall commence on
10		the date specified in the contract, and the renewal of their
11		performance contracts and the appointment of principals when
12		their performance contracts are not renewed shall be governed
13		by Sections 34-2.2 and 34-2.3. Whenever a vacancy in the office
14		of a principal occurs for any reason, the vacancy shall be
15		filled by the selection of a new principal to serve under a 4
16		year performance contract in the manner provided by Section
17		34-2.3.
18		The board of education shall develop and prepare, in
19		consultation with the organization representing principals, a
20		performance contract for use at all attendance centers, and
21		shall furnish the same to each local school council. The term
22		of the performance contract shall be 4 years, unless the
23		principal is retained by the decision of a hearing officer
24		pursuant to subdivision 1.5 of Section 34-2.3, in which case
25		the contract shall be extended for 2 years. The performance
26		contract of each principal shall consist of the uniform

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1		performance contract, as developed or from time to time
2		modified by the board, and such additional criteria as are
3		established by a local school council pursuant to Section
4		34-2.3 for the performance contract of its principal.
5		During the term of his or her performance contract, a
6		principal may be removed only as provided for in the
7		performance contract except for cause. He or she shall also be
8		obliged to follow the rules of the board of education
9		concerning conduct and efficiency.
10		In the event the performance contract of a principal is not
11		renewed or a principal is not reappointed as principal under a
12		new performance contract, or in the event a principal is
13		appointed to any position of superintendent or higher position,
14		or voluntarily resigns his position of principal, his or her
15		employment as a principal shall terminate and such former
16		principal shall not be reinstated to the position from which he
17		or she was promoted to principal, except that he or she, if
18		otherwise qualified and certified in accordance with Article
19		21, shall be placed by the board on appropriate eligibility
20		lists which it prepares for use in the filling of vacant or
21		additional or newly created positions for teachers. The
22		principal's total years of service to the board as both a
23		teacher and a principal, or in other professional capacities,
24		shall be used in calculating years of experience for purposes
25		of being selected as a teacher into new, additional or vacant
26		positions.

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1		In the event the performance contract of a principal is not
2		renewed or a principal is not reappointed as principal under a
3		new performance contract, such principal shall be eligible to
4		continue to receive his or her previously provided level of
5		health insurance benefits for a period of 90 days following the
6		non-renewal of the contract at no expense to the principal,
7		provided that such principal has not retired.
8		(Source: P.A. 95-331, eff. 8-21-07; 95-510, eff. 8-28-07;
9		revised 10-9-15.)
10		Section 255. The University of Illinois Act is amended by
11		changing Section 9 as follows:
12		(110 ILCS 305/9) (from Ch. 144, par. 30)
13		Sec. 9. Scholarships for children of veterans. For each of
14		the following periods of hostilities, each county shall be
15		entitled, annually, to one honorary scholarship in the
16		University, for the benefit of the children of persons who
17		served in the armed forces of the United States, except that
18		the total number of scholarships annually granted to recipients
19		from each county may not exceed 3: any time between September
20		16, 1940 and the termination of World War II, any time during
21		the national emergency between June 25, 1950 and January 31,
22		1955, any time during the Viet Nam conflict between January 1,
23		1961 and May 7, 1975, any time during the siege of Beirut and
24		the Grenada Conflict between June 14, 1982 and December 15,

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1		1983, or any time on or after August 2, 1990 and until Congress
2		or the President orders that persons in service are no longer
3		eligible for the Southwest Asia Service Medal, Operation
4		Enduring Freedom, and Operation Iraqi Freedom. Preference for
5		scholarships shall be given to the children of persons who are
6		deceased or to the children of persons who have a disability.
7		Such scholarships shall be granted to such pupils as shall,
8		upon public examination, conducted as the board of trustees of
9		the University may determine, be decided to have attained the
10		greatest proficiency in the branches of learning usually taught
11		in the secondary schools, and who shall be of good moral
12		character, and not less than 15 years of age. Such pupils, so
13		selected, shall be entitled to receive, without charge for
14		tuition, instruction in any or all departments of the
15		University for a term of at least 4 consecutive years. Such
16		pupils shall conform, in all respects, to the rules and
17		regulations of the University, established for the government
18		of the pupils in attendance.
19		(Source: P.A. 99-143, eff. 7-27-15; 99-377, eff. 8-17-15;
20		revised 10-21-15.)
21		Section 260. The Illinois Credit Union Act is amended by
22		changing Section 46 as follows:
23		(205 ILCS 305/46) (from Ch. 17, par. 4447)
24		Sec. 46. Loans and interest rate.

HB5540 Enrolled - 664 - LRB099 16003 AMC 40320 b
1		(1) A credit union may make loans to its members for such
2		purpose and upon such security and terms, including rates of
3		interest, as the credit committee, credit manager, or loan
4		officer approves. Notwithstanding the provisions of any other
5		law in connection with extensions of credit, a credit union may
6		elect to contract for and receive interest and fees and other
7		charges for extensions of credit subject only to the provisions
8		of this Act and rules promulgated under this Act, except that
9		extensions of credit secured by residential real estate shall
10		be subject to the laws applicable thereto. The rates of
11		interest to be charged on loans to members shall be set by the
12		board of directors of each individual credit union in
13		accordance with Section 30 of this Act and such rates may be
14		less than, but may not exceed, the maximum rate set forth in
15		this Section. A borrower may repay his loan prior to maturity,
16		in whole or in part, without penalty. The credit contract may
17		provide for the payment by the member and receipt by the credit
18		union of all costs and disbursements, including reasonable
19		attorney's fees and collection agency charges, incurred by the
20		credit union to collect or enforce the debt in the event of a
21		delinquency by the member, or in the event of a breach of any
22		obligation of the member under the credit contract. A
23		contingency or hourly arrangement established under an
24		agreement entered into by a credit union with an attorney or
25		collection agency to collect a loan of a member in default
26		shall be presumed prima facie reasonable.

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1		(2) Credit unions may make loans based upon the security of
2		any interest or equity in real estate, subject to rules and
3		regulations promulgated by the Secretary. In any contract or
4		loan which is secured by a mortgage, deed of trust, or
5		conveyance in the nature of a mortgage, on residential real
6		estate, the interest which is computed, calculated, charged, or
7		collected pursuant to such contract or loan, or pursuant to any
8		regulation or rule promulgated pursuant to this Act, may not be
9		computed, calculated, charged or collected for any period of
10		time occurring after the date on which the total indebtedness,
11		with the exception of late payment penalties, is paid in full.
12		For purposes of this subsection (2) of this Section 46, a
13		prepayment shall mean the payment of the total indebtedness,
14		with the exception of late payment penalties if incurred or
15		charged, on any date before the date specified in the contract
16		or loan agreement on which the total indebtedness shall be paid
17		in full, or before the date on which all payments, if timely
18		made, shall have been made. In the event of a prepayment of the
19		indebtedness which is made on a date after the date on which
20		interest on the indebtedness was last computed, calculated,
21		charged, or collected but before the next date on which
22		interest on the indebtedness was to be calculated, computed,
23		charged, or collected, the lender may calculate, charge and
24		collect interest on the indebtedness for the period which
25		elapsed between the date on which the prepayment is made and
26		the date on which interest on the indebtedness was last

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1		computed, calculated, charged or collected at a rate equal to
2		1/360 of the annual rate for each day which so elapsed, which
3		rate shall be applied to the indebtedness outstanding as of the
4		date of prepayment. The lender shall refund to the borrower any
5		interest charged or collected which exceeds that which the
6		lender may charge or collect pursuant to the preceding
7		sentence. The provisions of Public Act 84-941 this amendatory
8		Act of 1985 shall apply only to contracts or loans entered into
9		on or after January 1, 1986 (the effective date of Public Act
10		84-941) this amendatory Act.
11		(3) (Blank).
12		(4) Notwithstanding any other provisions of this Act, a
13		credit union authorized under this Act to make loans secured by
14		an interest or equity in real property may engage in making
15		revolving credit loans secured by mortgages or deeds of trust
16		on such real property or by security assignments of beneficial
17		interests in land trusts.
18		For purposes of this Section, "revolving credit" has the
19		meaning defined in Section 4.1 of the Interest Act.
20		Any mortgage or deed of trust given to secure a revolving
21		credit loan may, and when so expressed therein shall, secure
22		not only the existing indebtedness but also such future
23		advances, whether such advances are obligatory or to be made at
24		the option of the lender, or otherwise, as are made within
25		twenty years from the date thereof, to the same extent as if
26		such future advances were made on the date of the execution of

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1		such mortgage or deed of trust, although there may be no
2		advance made at the time of execution of such mortgage or other
3		instrument, and although there may be no indebtedness
4		outstanding at the time any advance is made. The lien of such
5		mortgage or deed of trust, as to third persons without actual
6		notice thereof, shall be valid as to all such indebtedness and
7		future advances form the time said mortgage or deed of trust is
8		filed for record in the office of the recorder of deeds or the
9		registrar of titles of the county where the real property
10		described therein is located. The total amount of indebtedness
11		that may be so secured may increase or decrease from time to
12		time, but the total unpaid balance so secured at any one time
13		shall not exceed a maximum principal amount which must be
14		specified in such mortgage or deed of trust, plus interest
15		thereon, and any disbursements made for the payment of taxes,
16		special assessments, or insurance on said real property, with
17		interest on such disbursements.
18		Any such mortgage or deed of trust shall be valid and have
19		priority over all subsequent liens and encumbrances, including
20		statutory liens, except taxes and assessments levied on said
21		real property.
22		(4-5) For purposes of this Section, "real estate" and "real
23		property" include a manufactured home as defined in subdivision
24		(53) of Section 9-102 of the Uniform Commercial Code which is
25		real property as defined in Section 5-35 of the Conveyance and
26		Encumbrance of Manufactured Homes as Real Property and

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1		Severance Act.
2		(5) Compliance with federal or Illinois preemptive laws or
3		regulations governing loans made by a credit union chartered
4		under this Act shall constitute compliance with this Act.
5		(6) Credit unions may make residential real estate mortgage
6		loans on terms and conditions established by the United States
7		Department of Agriculture through its Rural Development
8		Housing and Community Facilities Program. The portion of any
9		loan in excess of the appraised value of the real estate shall
10		be allocable only to the guarantee fee required under the
11		program.
12		(7) For a renewal, refinancing, or restructuring of an
13		existing loan at the credit union that is secured by an
14		interest or equity in real estate, a new appraisal of the
15		collateral shall not be required when (i) no new moneys are
16		advanced other than funds necessary to cover reasonable closing
17		costs, or (ii) there has been no obvious or material change in
18		market conditions or physical aspects of the real estate that
19		threatens the adequacy of the credit union's real estate
20		collateral protection after the transaction, even with the
21		advancement of new moneys. The Department reserves the right to
22		require an appraisal under this subsection (7) whenever the
23		Department believes it is necessary to address safety and
24		soundness concerns.
25		(Source: P.A. 98-749, eff. 7-16-14; 98-784, eff. 7-24-14;
26		99-78, eff. 7-20-15; 99-149, eff. 1-1-16; 99-331, eff. 1-1-16;

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1		revised 10-16-15.)
2		Section 265. The Corporate Fiduciary Act is amended by
3		changing Section 5-10.5 as follows:
4		(205 ILCS 620/5-10.5)
5		Sec. 5-10.5. Disclosure of records. A corporate fiduciary
6		may not disclose to any person, except to the customer or the
7		customer's duly authorized agent, any records pertaining to the
8		fiduciary relationship between the corporate fiduciary and the
9		customer unless:
10		(1) the instrument or court order establishing the
11		fiduciary relationship permits the record to be disclosed
12		under the circumstances;
13		(2) applicable law authorizes the disclosure;
14		(3) disclosure by the corporate fiduciary is necessary
15		to perform a transaction or act that is authorized by the
16		instrument or court order establishing the fiduciary
17		relationship relation ship; or
18		(4) Section 48.1 of the Illinois Banking Act would
19		permit a bank to disclose the record to the same extent
20		under the circumstances.
21		For purposes of this Section, "customer" means the person
22		or individual who contracted to establish the fiduciary
23		relationship or who executed any instrument or document from
24		which the fiduciary relationship was established, a person

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1		authorized by the customer to provide such direction or, if the
2		instrument, law, or court order so permits, the beneficiaries
3		of the fiduciary relationship.
4		(Source: P.A. 89-364, eff. 8-18-95; revised 10-14-15.)
5		Section 270. The Ambulatory Surgical Treatment Center Act
6		is amended by changing Section 6.5 as follows:
7		(210 ILCS 5/6.5)
8		Sec. 6.5. Clinical privileges; advanced practice nurses.
9		All ambulatory surgical treatment centers (ASTC) licensed
10		under this Act shall comply with the following requirements:
11		(1) No ASTC policy, rule, regulation, or practice shall
12		be inconsistent with the provision of adequate
13		collaboration and consultation in accordance with Section
14		54.5 of the Medical Practice Act of 1987.
15		(2) Operative surgical procedures shall be performed
16		only by a physician licensed to practice medicine in all
17		its branches under the Medical Practice Act of 1987, a
18		dentist licensed under the Illinois Dental Practice Act, or
19		a podiatric physician licensed under the Podiatric Medical
20		Practice Act of 1987, with medical staff membership and
21		surgical clinical privileges granted by the consulting
22		committee of the ASTC. A licensed physician, dentist, or
23		podiatric physician may be assisted by a physician licensed
24		to practice medicine in all its branches, dentist, dental

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1		assistant, podiatric physician, licensed advanced practice
2		nurse, licensed physician assistant, licensed registered
3		nurse, licensed practical nurse, surgical assistant,
4		surgical technician, or other individuals granted clinical
5		privileges to assist in surgery by the consulting committee
6		of the ASTC. Payment for services rendered by an assistant
7		in surgery who is not an ambulatory surgical treatment
8		center employee shall be paid at the appropriate
9		non-physician modifier rate if the payor would have made
10		payment had the same services been provided by a physician.
11		(2.5) A registered nurse licensed under the Nurse
12		Practice Act and qualified by training and experience in
13		operating room nursing shall be present in the operating
14		room and function as the circulating nurse during all
15		invasive or operative procedures. For purposes of this
16		paragraph (2.5), "circulating nurse" means a registered
17		nurse who is responsible for coordinating all nursing care,
18		patient safety needs, and the needs of the surgical team in
19		the operating room during an invasive or operative
20		procedure.
21		(3) An advanced practice nurse is not required to
22		possess prescriptive authority or a written collaborative
23		agreement meeting the requirements of the Nurse Practice
24		Act to provide advanced practice nursing services in an
25		ambulatory surgical treatment center. An advanced practice
26		nurse must possess clinical privileges granted by the

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1		consulting medical staff committee and ambulatory surgical
2		treatment center in order to provide services. Individual
3		advanced practice nurses may also be granted clinical
4		privileges to order, select, and administer medications,
5		including controlled substances, to provide delineated
6		care. The attending physician must determine the advanced
7		advance practice nurse's role in providing care for his or
8		her patients, except as otherwise provided in the
9		consulting staff policies. The consulting medical staff
10		committee shall periodically review the services of
11		advanced practice nurses granted privileges.
12		(4) The anesthesia service shall be under the direction
13		of a physician licensed to practice medicine in all its
14		branches who has had specialized preparation or experience
15		in the area or who has completed a residency in
16		anesthesiology. An anesthesiologist, Board certified or
17		Board eligible, is recommended. Anesthesia services may
18		only be administered pursuant to the order of a physician
19		licensed to practice medicine in all its branches, licensed
20		dentist, or licensed podiatric physician.
21		(A) The individuals who, with clinical privileges
22		granted by the medical staff and ASTC, may administer
23		anesthesia services are limited to the following:
24		(i) an anesthesiologist; or
25		(ii) a physician licensed to practice medicine
26		in all its branches; or

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1		(iii) a dentist with authority to administer
2		anesthesia under Section 8.1 of the Illinois
3		Dental Practice Act; or
4		(iv) a licensed certified registered nurse
5		anesthetist; or
6		(v) a podiatric physician licensed under the
7		Podiatric Medical Practice Act of 1987.
8		(B) For anesthesia services, an anesthesiologist
9		shall participate through discussion of and agreement
10		with the anesthesia plan and shall remain physically
11		present and be available on the premises during the
12		delivery of anesthesia services for diagnosis,
13		consultation, and treatment of emergency medical
14		conditions. In the absence of 24-hour availability of
15		anesthesiologists with clinical privileges, an
16		alternate policy (requiring participation, presence,
17		and availability of a physician licensed to practice
18		medicine in all its branches) shall be developed by the
19		medical staff consulting committee in consultation
20		with the anesthesia service and included in the medical
21		staff consulting committee policies.
22		(C) A certified registered nurse anesthetist is
23		not required to possess prescriptive authority or a
24		written collaborative agreement meeting the
25		requirements of Section 65-35 of the Nurse Practice Act
26		to provide anesthesia services ordered by a licensed

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1		physician, dentist, or podiatric physician. Licensed
2		certified registered nurse anesthetists are authorized
3		to select, order, and administer drugs and apply the
4		appropriate medical devices in the provision of
5		anesthesia services under the anesthesia plan agreed
6		with by the anesthesiologist or, in the absence of an
7		available anesthesiologist with clinical privileges,
8		agreed with by the operating physician, operating
9		dentist, or operating podiatric physician in
10		accordance with the medical staff consulting committee
11		policies of a licensed ambulatory surgical treatment
12		center.
13		(Source: P.A. 98-214, eff. 8-9-13; revised 10-21-15.)
14		Section 275. The Abused and Neglected Long Term Care
15		Facility Residents Reporting Act is amended by changing Section
16		6 as follows:
17		(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
18		Sec. 6. All reports of suspected abuse or neglect made
19		under this Act shall be made immediately by telephone to the
20		Department's central register established under Section 14 on
21		the single, State-wide, toll-free telephone number established
22		under Section 13, or in person or by telephone through the
23		nearest Department office. No long term care facility
24		administrator, agent or employee, or any other person, shall

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1		screen reports or otherwise withhold any reports from the
2		Department, and no long term care facility, department of State
3		government, or other agency shall establish any rules,
4		criteria, standards or guidelines to the contrary. Every long
5		term care facility, department of State government and other
6		agency whose employees are required to make or cause to be made
7		reports under Section 4 shall notify its employees of the
8		provisions of that Section and of this Section, and provide to
9		the Department documentation that such notification has been
10		given. The Department of Human Services shall train all of its
11		mental health and developmental disabilities employees in the
12		detection and reporting of suspected abuse and neglect of
13		residents. Reports made to the central register through the
14		State-wide, toll-free telephone number shall be transmitted to
15		appropriate Department offices and municipal health
16		departments that have responsibility for licensing long term
17		care facilities under the Nursing Home Care Act, the
18		Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
19		Community Care Act, or the MC/DD Act. All reports received
20		through offices of the Department shall be forwarded to the
21		central register, in a manner and form described by the
22		Department. The Department shall be capable of receiving
23		reports of suspected abuse and neglect 24 hours a day, 7 days a
24		week. Reports shall also be made in writing deposited in the
25		U.S. mail, postage prepaid, within 24 hours after having
26		reasonable cause to believe that the condition of the resident

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1		resulted from abuse or neglect. Such reports may in addition be
2		made to the local law enforcement agency in the same manner.
3		However, in the event a report is made to the local law
4		enforcement agency, the reporter also shall immediately so
5		inform the Department. The Department shall initiate an
6		investigation of each report of resident abuse and neglect
7		under this Act, whether oral or written, as provided for in
8		Section 3-702 of the Nursing Home Care Act, Section 2-208 of
9		the Specialized Mental Health Rehabilitation Act of 2013,
10		Section 3-702 of the ID/DD Community Care Act, or Section 3-702
11		of the MC/DD Act, except that reports of abuse which indicate
12		that a resident's life or safety is in imminent danger shall be
13		investigated within 24 hours of such report. The Department may
14		delegate to law enforcement officials or other public agencies
15		the duty to perform such investigation.
16		With respect to investigations of reports of suspected
17		abuse or neglect of residents of mental health and
18		developmental disabilities institutions under the jurisdiction
19		of the Department of Human Services, the Department shall
20		transmit copies of such reports to the Department of State
21		Police, the Department of Human Services, and the Inspector
22		General appointed under Section 1-17 of the Department of Human
23		Services Act. If the Department receives a report of suspected
24		abuse or neglect of a recipient of services as defined in
25		Section 1-123 of the Mental Health and Developmental
26		Disabilities Code, the Department shall transmit copies of such

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1		report to the Inspector General and the Directors of the
2		Guardianship and Advocacy Commission and the agency designated
3		by the Governor pursuant to the Protection and Advocacy for
4		Persons with Developmental Disabilities Act. When requested by
5		the Director of the Guardianship and Advocacy Commission, the
6		agency designated by the Governor pursuant to the Protection
7		and Advocacy for Persons with Developmental Disabilities Act,
8		or the Department of Financial and Professional Regulation, the
9		Department, the Department of Human Services and the Department
10		of State Police shall make available a copy of the final
11		investigative report regarding investigations conducted by
12		their respective agencies on incidents of suspected abuse or
13		neglect of residents of mental health and developmental
14		disabilities institutions or individuals receiving services at
15		community agencies under the jurisdiction of the Department of
16		Human Services. Such final investigative report shall not
17		contain witness statements, investigation notes, draft
18		summaries, results of lie detector tests, investigative files
19		or other raw data which was used to compile the final
20		investigative report. Specifically, the final investigative
21		report of the Department of State Police shall mean the
22		Director's final transmittal letter. The Department of Human
23		Services shall also make available a copy of the results of
24		disciplinary proceedings of employees involved in incidents of
25		abuse or neglect to the Directors. All identifiable information
26		in reports provided shall not be further disclosed except as

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1		provided by the Mental Health and Developmental Disabilities
2		Confidentiality Act. Nothing in this Section is intended to
3		limit or construe the power or authority granted to the agency
4		designated by the Governor pursuant to the Protection and
5		Advocacy for Persons with Developmental Disabilities Act,
6		pursuant to any other State or federal statute.
7		With respect to investigations of reported resident abuse
8		or neglect, the Department shall effect with appropriate law
9		enforcement agencies formal agreements concerning methods and
10		procedures for the conduct of investigations into the criminal
11		histories of any administrator, staff assistant or employee of
12		the nursing home or other person responsible for the residents
13		care, as well as for other residents in the nursing home who
14		may be in a position to abuse, neglect or exploit the patient.
15		Pursuant to the formal agreements entered into with appropriate
16		law enforcement agencies, the Department may request
17		information with respect to whether the person or persons set
18		forth in this paragraph have ever been charged with a crime and
19		if so, the disposition of those charges. Unless the criminal
20		histories of the subjects involved crimes of violence or
21		resident abuse or neglect, the Department shall be entitled
22		only to information limited in scope to charges and their
23		dispositions. In cases where prior crimes of violence or
24		resident abuse or neglect are involved, a more detailed report
25		can be made available to authorized representatives of the
26		Department, pursuant to the agreements entered into with

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1		appropriate law enforcement agencies. Any criminal charges and
2		their disposition information obtained by the Department shall
3		be confidential and may not be transmitted outside the
4		Department, except as required herein, to authorized
5		representatives or delegates of the Department, and may not be
6		transmitted to anyone within the Department who is not duly
7		authorized to handle resident abuse or neglect investigations.
8		The Department shall effect formal agreements with
9		appropriate law enforcement agencies in the various counties
10		and communities to encourage cooperation and coordination in
11		the handling of resident abuse or neglect cases pursuant to
12		this Act. The Department shall adopt and implement methods and
13		procedures to promote statewide uniformity in the handling of
14		reports of abuse and neglect under this Act, and those methods
15		and procedures shall be adhered to by personnel of the
16		Department involved in such investigations and reporting. The
17		Department shall also make information required by this Act
18		available to authorized personnel within the Department, as
19		well as its authorized representatives.
20		The Department shall keep a continuing record of all
21		reports made pursuant to this Act, including indications of the
22		final determination of any investigation and the final
23		disposition of all reports.
24		The Department shall report annually to the General
25		Assembly on the incidence of abuse and neglect of long term
26		care facility residents, with special attention to residents

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1		who are persons with mental disabilities. The report shall
2		include but not be limited to data on the number and source of
3		reports of suspected abuse or neglect filed under this Act, the
4		nature of any injuries to residents, the final determination of
5		investigations, the type and number of cases where abuse or
6		neglect is determined to exist, and the final disposition of
7		cases.
8		(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
9		99-180, eff. 7-29-15; revised 10-9-15.)
10		Section 280. The Nursing Home Care Act is amended by
11		changing Sections 1-113, 2-201.5, and 3-702 as follows:
12		(210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
13		Sec. 1-113. "Facility" or "long-term care facility" means a
14		private home, institution, building, residence, or any other
15		place, whether operated for profit or not, or a county home for
16		the infirm and chronically ill operated pursuant to Division
17		5-21 or 5-22 of the Counties Code, or any similar institution
18		operated by a political subdivision of the State of Illinois,
19		which provides, through its ownership or management, personal
20		care, sheltered care or nursing for 3 or more persons, not
21		related to the applicant or owner by blood or marriage. It
22		includes skilled nursing facilities and intermediate care
23		facilities as those terms are defined in Title XVIII and Title
24		XIX of the federal Federal Social Security Act. It also

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1		includes homes, institutions, or other places operated by or
2		under the authority of the Illinois Department of Veterans'
3		Affairs.
4		"Facility" does not include the following:
5		(1) A home, institution, or other place operated by the
6		federal government or agency thereof, or by the State of
7		Illinois, other than homes, institutions, or other places
8		operated by or under the authority of the Illinois
9		Department of Veterans' Affairs;
10		(2) A hospital, sanitarium, or other institution whose
11		principal activity or business is the diagnosis, care, and
12		treatment of human illness through the maintenance and
13		operation as organized facilities therefor, which is
14		required to be licensed under the Hospital Licensing Act;
15		(3) Any "facility for child care" as defined in the
16		Child Care Act of 1969;
17		(4) Any "Community Living Facility" as defined in the
18		Community Living Facilities Licensing Act;
19		(5) Any "community residential alternative" as defined
20		in the Community Residential Alternatives Licensing Act;
21		(6) Any nursing home or sanatorium operated solely by
22		and for persons who rely exclusively upon treatment by
23		spiritual means through prayer, in accordance with the
24		creed or tenets of any well-recognized church or religious
25		denomination. However, such nursing home or sanatorium
26		shall comply with all local laws and rules relating to

HB5540 Enrolled - 682 - LRB099 16003 AMC 40320 b
1		sanitation and safety;
2		(7) Any facility licensed by the Department of Human
3		Services as a community-integrated living arrangement as
4		defined in the Community-Integrated Living Arrangements
5		Licensure and Certification Act;
6		(8) Any "Supportive Residence" licensed under the
7		Supportive Residences Licensing Act;
8		(9) Any "supportive living facility" in good standing
9		with the program established under Section 5-5.01a of the
10		Illinois Public Aid Code, except only for purposes of the
11		employment of persons in accordance with Section 3-206.01;
12		(10) Any assisted living or shared housing
13		establishment licensed under the Assisted Living and
14		Shared Housing Act, except only for purposes of the
15		employment of persons in accordance with Section 3-206.01;
16		(11) An Alzheimer's disease management center
17		alternative health care model licensed under the
18		Alternative Health Care Delivery Act;
19		(12) A facility licensed under the ID/DD Community Care
20		Act;
21		(13) A facility licensed under the Specialized Mental
22		Health Rehabilitation Act of 2013; or
23		(14) A facility licensed under the MC/DD Act; or .
24		(15) (14) A medical foster home, as defined in 38 CFR
25		17.73, that is under the oversight of the United States
26		Department of Veterans Affairs.

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1		(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
2		99-376, eff. 1-1-16; revised 10-16-15.)
3		(210 ILCS 45/2-201.5)
4		Sec. 2-201.5. Screening prior to admission.
5		(a) All persons age 18 or older seeking admission to a
6		nursing facility must be screened to determine the need for
7		nursing facility services prior to being admitted, regardless
8		of income, assets, or funding source. Screening for nursing
9		facility services shall be administered through procedures
10		established by administrative rule. Screening may be done by
11		agencies other than the Department as established by
12		administrative rule. This Section applies on and after July 1,
13		1996. No later than October 1, 2010, the Department of
14		Healthcare and Family Services, in collaboration with the
15		Department on Aging, the Department of Human Services, and the
16		Department of Public Health, shall file administrative rules
17		providing for the gathering, during the screening process, of
18		information relevant to determining each person's potential
19		for placing other residents, employees, and visitors at risk of
20		harm.
21		(a-1) Any screening performed pursuant to subsection (a) of
22		this Section shall include a determination of whether any
23		person is being considered for admission to a nursing facility
24		due to a need for mental health services. For a person who
25		needs mental health services, the screening shall also include

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1		an evaluation of whether there is permanent supportive housing,
2		or an array of community mental health services, including but
3		not limited to supported housing, assertive community
4		treatment, and peer support services, that would enable the
5		person to live in the community. The person shall be told about
6		the existence of any such services that would enable the person
7		to live safely and humanely and about available appropriate
8		nursing home services that would enable the person to live
9		safely and humanely, and the person shall be given the
10		assistance necessary to avail himself or herself of any
11		available services.
12		(a-2) Pre-screening for persons with a serious mental
13		illness shall be performed by a psychiatrist, a psychologist, a
14		registered nurse certified in psychiatric nursing, a licensed
15		clinical professional counselor, or a licensed clinical social
16		worker, who is competent to (i) perform a clinical assessment
17		of the individual, (ii) certify a diagnosis, (iii) make a
18		determination about the individual's current need for
19		treatment, including substance abuse treatment, and recommend
20		specific treatment, and (iv) determine whether a facility or a
21		community-based program is able to meet the needs of the
22		individual.
23		For any person entering a nursing facility, the
24		pre-screening agent shall make specific recommendations about
25		what care and services the individual needs to receive,
26		beginning at admission, to attain or maintain the individual's

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1		highest level of independent functioning and to live in the
2		most integrated setting appropriate for his or her physical and
3		personal care and developmental and mental health needs. These
4		recommendations shall be revised as appropriate by the
5		pre-screening or re-screening agent based on the results of
6		resident review and in response to changes in the resident's
7		wishes, needs, and interest in transition.
8		Upon the person entering the nursing facility, the
9		Department of Human Services or its designee shall assist the
10		person in establishing a relationship with a community mental
11		health agency or other appropriate agencies in order to (i)
12		promote the person's transition to independent living and (ii)
13		support the person's progress in meeting individual goals.
14		(a-3) The Department of Human Services, by rule, shall
15		provide for a prohibition on conflicts of interest for
16		pre-admission screeners. The rule shall provide for waiver of
17		those conflicts by the Department of Human Services if the
18		Department of Human Services determines that a scarcity of
19		qualified pre-admission screeners exists in a given community
20		and that, absent a waiver of conflicts, an insufficient number
21		of pre-admission screeners would be available. If a conflict is
22		waived, the pre-admission screener shall disclose the conflict
23		of interest to the screened individual in the manner provided
24		for by rule of the Department of Human Services. For the
25		purposes of this subsection, a "conflict of interest" includes,
26		but is not limited to, the existence of a professional or

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1		financial relationship between (i) a PAS-MH corporate or a
2		PAS-MH agent and (ii) a community provider or long-term care
3		facility.
4		(b) In addition to the screening required by subsection
5		(a), a facility, except for those licensed under the MC/DD Act,
6		shall, within 24 hours after admission, request a criminal
7		history background check pursuant to the Illinois Uniform
8		Conviction Information Act for all persons age 18 or older
9		seeking admission to the facility, unless (i) a background
10		check was initiated by a hospital pursuant to subsection (d) of
11		Section 6.09 of the Hospital Licensing Act or a pre-admission
12		background check was conducted by the Department of Veterans'
13		Affairs 30 days prior to admittance into an Illinois Veterans
14		Home; (ii) the transferring resident is immobile; or (iii) the
15		transferring resident is moving into hospice. The exemption
16		provided in item (ii) or (iii) of this subsection (b) shall
17		apply only if a background check was completed by the facility
18		the resident resided at prior to seeking admission to the
19		facility and the resident was transferred to the facility with
20		no time passing during which the resident was not
21		institutionalized. If item (ii) or (iii) of this subsection (b)
22		applies, the prior facility shall provide a copy of its
23		background check of the resident and all supporting
24		documentation, including, when applicable, the criminal
25		history report and the security assessment, to the facility to
26		which the resident is being transferred. Background checks

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1		conducted pursuant to this Section shall be based on the
2		resident's name, date of birth, and other identifiers as
3		required by the Department of State Police. If the results of
4		the background check are inconclusive, the facility shall
5		initiate a fingerprint-based check, unless the fingerprint
6		check is waived by the Director of Public Health based on
7		verification by the facility that the resident is completely
8		immobile or that the resident meets other criteria related to
9		the resident's health or lack of potential risk which may be
10		established by Departmental rule. A waiver issued pursuant to
11		this Section shall be valid only while the resident is immobile
12		or while the criteria supporting the waiver exist. The facility
13		shall provide for or arrange for any required fingerprint-based
14		checks to be taken on the premises of the facility. If a
15		fingerprint-based check is required, the facility shall
16		arrange for it to be conducted in a manner that is respectful
17		of the resident's dignity and that minimizes any emotional or
18		physical hardship to the resident.
19		(c) If the results of a resident's criminal history
20		background check reveal that the resident is an identified
21		offender as defined in Section 1-114.01, the facility shall do
22		the following:
23		(1) Immediately notify the Department of State Police,
24		in the form and manner required by the Department of State
25		Police, in collaboration with the Department of Public
26		Health, that the resident is an identified offender.

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1		(2) Within 72 hours, arrange for a fingerprint-based
2		criminal history record inquiry to be requested on the
3		identified offender resident. The inquiry shall be based on
4		the subject's name, sex, race, date of birth, fingerprint
5		images, and other identifiers required by the Department of
6		State Police. The inquiry shall be processed through the
7		files of the Department of State Police and the Federal
8		Bureau of Investigation to locate any criminal history
9		record information that may exist regarding the subject.
10		The Federal Bureau of Investigation shall furnish to the
11		Department of State Police, pursuant to an inquiry under
12		this paragraph (2), any criminal history record
13		information contained in its files.
14		The facility shall comply with all applicable provisions
15		contained in the Illinois Uniform Conviction Information Act.
16		All name-based and fingerprint-based criminal history
17		record inquiries shall be submitted to the Department of State
18		Police electronically in the form and manner prescribed by the
19		Department of State Police. The Department of State Police may
20		charge the facility a fee for processing name-based and
21		fingerprint-based criminal history record inquiries. The fee
22		shall be deposited into the State Police Services Fund. The fee
23		shall not exceed the actual cost of processing the inquiry.
24		(d) (Blank).
25		(e) The Department shall develop and maintain a
26		de-identified database of residents who have injured facility

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1		staff, facility visitors, or other residents, and the attendant
2		circumstances, solely for the purposes of evaluating and
3		improving resident pre-screening and assessment procedures
4		(including the Criminal History Report prepared under Section
5		2-201.6) and the adequacy of Department requirements
6		concerning the provision of care and services to residents. A
7		resident shall not be listed in the database until a Department
8		survey confirms the accuracy of the listing. The names of
9		persons listed in the database and information that would allow
10		them to be individually identified shall not be made public.
11		Neither the Department nor any other agency of State government
12		may use information in the database to take any action against
13		any individual, licensee, or other entity, unless the
14		Department or agency receives the information independent of
15		this subsection (e). All information collected, maintained, or
16		developed under the authority of this subsection (e) for the
17		purposes of the database maintained under this subsection (e)
18		shall be treated in the same manner as information that is
19		subject to Part 21 of Article VIII of the Code of Civil
20		Procedure.
21		(Source: P.A. 99-180, eff. 7-29-15; 99-314, eff. 8-7-15;
22		99-453, eff. 8-24-15; revised 10-20-15.)
23		(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
24		Sec. 3-702. (a) A person who believes that this Act or a
25		rule promulgated under this Act may have been violated may

HB5540 Enrolled - 690 - LRB099 16003 AMC 40320 b
1		request an investigation. The request may be submitted to the
2		Department in writing, by telephone, by electronic means, or by
3		personal visit. An oral complaint shall be reduced to writing
4		by the Department. The Department shall make available, through
5		its website and upon request, information regarding the oral
6		and phone intake processes and the list of questions that will
7		be asked of the complainant. The Department shall request
8		information identifying the complainant, including the name,
9		address and telephone number, to help enable appropriate
10		follow-up. The Department shall act on such complaints via
11		on-site visits or other methods deemed appropriate to handle
12		the complaints with or without such identifying information, as
13		otherwise provided under this Section. The complainant shall be
14		informed that compliance with such request is not required to
15		satisfy the procedures for filing a complaint under this Act.
16		The Department must notify complainants that complaints with
17		less information provided are far more difficult to respond to
18		and investigate.
19		(b) The substance of the complaint shall be provided in
20		writing to the licensee, owner, or administrator no earlier
21		than at the commencement of an on-site inspection of the
22		facility which takes place pursuant to the complaint.
23		(c) The Department shall not disclose the name of the
24		complainant unless the complainant consents in writing to the
25		disclosure or the investigation results in a judicial
26		proceeding, or unless disclosure is essential to the

HB5540 Enrolled - 691 - LRB099 16003 AMC 40320 b
1		investigation. The complainant shall be given the opportunity
2		to withdraw the complaint before disclosure. Upon the request
3		of the complainant, the Department may permit the complainant
4		or a representative of the complainant to accompany the person
5		making the on-site inspection of the facility.
6		(d) Upon receipt of a complaint, the Department shall
7		determine whether this Act or a rule promulgated under this Act
8		has been or is being violated. The Department shall investigate
9		all complaints alleging abuse or neglect within 7 days after
10		the receipt of the complaint except that complaints of abuse or
11		neglect which indicate that a resident's life or safety is in
12		imminent danger shall be investigated within 24 hours after
13		receipt of the complaint. All other complaints shall be
14		investigated within 30 days after the receipt of the complaint.
15		The Department employees investigating a complaint shall
16		conduct a brief, informal exit conference with the facility to
17		alert its administration of any suspected serious deficiency
18		that poses a direct threat to the health, safety or welfare of
19		a resident to enable an immediate correction for the
20		alleviation or elimination of such threat. Such information and
21		findings discussed in the brief exit conference shall become a
22		part of the investigating record but shall not in any way
23		constitute an official or final notice of violation as provided
24		under Section 3-301. All complaints shall be classified as "an
25		invalid report", "a valid report", or "an undetermined report".
26		For any complaint classified as "a valid report", the

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1		Department must determine within 30 working days if any rule or
2		provision of this Act has been or is being violated.
3		(d-1) The Department shall, whenever possible, combine an
4		on-site investigation of a complaint in a facility with other
5		inspections in order to avoid duplication of inspections.
6		(e) In all cases, the Department shall inform the
7		complainant of its findings within 10 days of its determination
8		unless otherwise indicated by the complainant, and the
9		complainant may direct the Department to send a copy of such
10		findings to another person. The Department's findings may
11		include comments or documentation provided by either the
12		complainant or the licensee pertaining to the complaint. The
13		Department shall also notify the facility of such findings
14		within 10 days of the determination, but the name of the
15		complainant or residents shall not be disclosed in this notice
16		to the facility. The notice of such findings shall include a
17		copy of the written determination; the correction order, if
18		any; the warning notice, if any; the inspection report; or the
19		State licensure form on which the violation is listed.
20		(f) A written determination, correction order, or warning
21		notice concerning a complaint, together with the facility's
22		response, shall be available for public inspection, but the
23		name of the complainant or resident shall not be disclosed
24		without his consent.
25		(g) A complainant who is dissatisfied with the
26		determination or investigation by the Department may request a

HB5540 Enrolled - 693 - LRB099 16003 AMC 40320 b
1		hearing under Section 3-703. The facility shall be given notice
2		of any such hearing and may participate in the hearing as a
3		party. If a facility requests a hearing under Section 3-703
4		which concerns a matter covered by a complaint, the complainant
5		shall be given notice and may participate in the hearing as a
6		party. A request for a hearing by either a complainant or a
7		facility shall be submitted in writing to the Department within
8		30 days after the mailing of the Department's findings as
9		described in subsection (e) of this Section. Upon receipt of
10		the request the Department shall conduct a hearing as provided
11		under Section 3-703.
12		(g-5) The Department shall conduct an annual review and
13		make a report concerning the complaint process that includes
14		the number of complaints received, the breakdown of anonymous
15		and non-anonymous complaints and whether the complaints were
16		substantiated or not, the total number of substantiated
17		complaints, and any other complaint information requested by
18		the Long-Term Care Facility Advisory Board created under
19		Section 2-204 of this Act or the Illinois Long-Term Care
20		Council created under Section 4.04a of the Illinois Act on the
21		Aging. This report shall be provided to the Long-Term Care
22		Facility Advisory Board and the Illinois Long-Term Care
23		Council. The Long-Term Care Facility Advisory Board and the
24		Illinois Long-Term Care Council shall review the report and
25		suggest any changes deemed necessary to the Department for
26		review and action, including how to investigate and

HB5540 Enrolled - 694 - LRB099 16003 AMC 40320 b
1		substantiate anonymous complaints.
2		(h) Any person who knowingly transmits a false report to
3		the Department commits the offense of disorderly conduct under
4		subsection (a)(8) of Section 26-1 of the Criminal Code of 2012.
5		(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14;
6		revised 10-9-15.)
7		Section 285. The MC/DD Act is amended by changing Section
8		2-104.2 as follows:
9		(210 ILCS 46/2-104.2)
10		Sec. 2-104.2. Do Not Resuscitate Orders. Every facility
11		licensed under this Act shall establish a policy for the
12		implementation of physician orders limiting resuscitation such
13		as those commonly referred to as "Do Not Resuscitate" orders.
14		This policy may only prescribe the format, method of
15		documentation and duration of any physician orders limiting
16		resuscitation. Any orders under this policy shall be honored by
17		the facility. The Department of Public Health Uniform POLST
18		DNR/POLST form or a copy of that form or a previous version of
19		the uniform form shall be honored by the facility.
20		(Source: P.A. 99-180, eff. 7-29-15; revised 10-13-15.)
21		Section 290. The ID/DD Community Care Act is amended by
22		changing Sections 1-101.05 and 1-113 as follows:

HB5540 Enrolled - 695 - LRB099 16003 AMC 40320 b
1		(210 ILCS 47/1-101.05)
2		Sec. 1-101.05. Prior law.
3		(a) This Act provides for licensure of intermediate care
4		facilities for persons with developmental disabilities under
5		this Act instead of under the Nursing Home Care Act. On and
6		after July 1, 2010 (the effective date of this Act), those
7		facilities shall be governed by this Act instead of the Nursing
8		Home Care Act.
9		On and after July 29, 2015 (the effective date of Public
10		Act 99-180) this amendatory Act of the 99th General Assembly,
11		long-term care for under age 22 facilities shall be known as
12		medically complex for the developmentally disabled facilities
13		and governed by the MC/DD Act instead of this Act.
14		(b) If any other Act of the General Assembly changes, adds,
15		or repeals a provision of the Nursing Home Care Act that is the
16		same as or substantially similar to a provision of this Act,
17		then that change, addition, or repeal in the Nursing Home Care
18		Act shall be construed together with this Act until July 1,
19		2010 and not thereafter.
20		(c) Nothing in this Act affects the validity or effect of
21		any finding, decision, or action made or taken by the
22		Department or the Director under the Nursing Home Care Act
23		before July 1, 2010 (the effective date of this Act) with
24		respect to a facility subject to licensure under this Act. That
25		finding, decision, or action shall continue to apply to the
26		facility on and after July 1, 2010 (the effective date of this

HB5540 Enrolled - 696 - LRB099 16003 AMC 40320 b
1		Act). Any finding, decision, or action with respect to the
2		facility made or taken on or after July 1, 2010 (the effective
3		date of this Act) shall be made or taken as provided in this
4		Act.
5		(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
6		revised 10-14-15.)
7		(210 ILCS 47/1-113)
8		Sec. 1-113. Facility. "ID/DD facility" or "facility" means
9		an intermediate care facility for persons with developmental
10		disabilities, whether operated for profit or not, which
11		provides, through its ownership or management, personal care or
12		nursing for 3 or more persons not related to the applicant or
13		owner by blood or marriage. It includes intermediate care
14		facilities for the intellectually disabled as the term is
15		defined in Title XVIII and Title XIX of the federal Social
16		Security Act.
17		"Facility" does not include the following:
18		(1) A home, institution, or other place operated by the
19		federal government or agency thereof, or by the State of
20		Illinois, other than homes, institutions, or other places
21		operated by or under the authority of the Illinois
22		Department of Veterans' Affairs;
23		(2) A hospital, sanitarium, or other institution whose
24		principal activity or business is the diagnosis, care, and
25		treatment of human illness through the maintenance and

HB5540 Enrolled - 697 - LRB099 16003 AMC 40320 b
1		operation as organized facilities therefore, which is
2		required to be licensed under the Hospital Licensing Act;
3		(3) Any "facility for child care" as defined in the
4		Child Care Act of 1969;
5		(4) Any "community living facility" as defined in the
6		Community Living Facilities Licensing Act;
7		(5) Any "community residential alternative" as defined
8		in the Community Residential Alternatives Licensing Act;
9		(6) Any nursing home or sanatorium operated solely by
10		and for persons who rely exclusively upon treatment by
11		spiritual means through prayer, in accordance with the
12		creed or tenets of any well recognized church or religious
13		denomination. However, such nursing home or sanatorium
14		shall comply with all local laws and rules relating to
15		sanitation and safety;
16		(7) Any facility licensed by the Department of Human
17		Services as a community-integrated living arrangement as
18		defined in the Community-Integrated Living Arrangements
19		Licensure and Certification Act;
20		(8) Any "supportive residence" licensed under the
21		Supportive Residences Licensing Act;
22		(9) Any "supportive living facility" in good standing
23		with the program established under Section 5-5.01a of the
24		Illinois Public Aid Code, except only for purposes of the
25		employment of persons in accordance with Section 3-206.01;
26		(10) Any assisted living or shared housing

HB5540 Enrolled - 698 - LRB099 16003 AMC 40320 b
1		establishment licensed under the Assisted Living and
2		Shared Housing Act, except only for purposes of the
3		employment of persons in accordance with Section 3-206.01;
4		(11) An Alzheimer's disease management center
5		alternative health care model licensed under the
6		Alternative Health Care Delivery Act;
7		(12) A home, institution, or other place operated by or
8		under the authority of the Illinois Department of Veterans'
9		Affairs; or
10		(13) Any MC/DD facility licensed under the MC/DD Act.
11		(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
12		revised 10-14-15.)
13		Section 295. The Hospital Licensing Act is amended by
14		changing Sections 6.09, 10.2, and 10.7 as follows:
15		(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
16		Sec. 6.09. (a) In order to facilitate the orderly
17		transition of aged patients and patients with disabilities from
18		hospitals to post-hospital care, whenever a patient who
19		qualifies for the federal Medicare program is hospitalized, the
20		patient shall be notified of discharge at least 24 hours prior
21		to discharge from the hospital. With regard to pending
22		discharges to a skilled nursing facility, the hospital must
23		notify the case coordination unit, as defined in 89 Ill. Adm.
24		Code 240.260, at least 24 hours prior to discharge. When the

HB5540 Enrolled - 699 - LRB099 16003 AMC 40320 b
1		assessment is completed in the hospital, the case coordination
2		unit shall provide the discharge planner with a copy of the
3		prescreening information and accompanying materials, which the
4		discharge planner shall transmit when the patient is discharged
5		to a skilled nursing facility. If home health services are
6		ordered, the hospital must inform its designated case
7		coordination unit, as defined in 89 Ill. Adm. Code 240.260, of
8		the pending discharge and must provide the patient with the
9		case coordination unit's telephone number and other contact
10		information.
11		(b) Every hospital shall develop procedures for a physician
12		with medical staff privileges at the hospital or any
13		appropriate medical staff member to provide the discharge
14		notice prescribed in subsection (a) of this Section. The
15		procedures must include prohibitions against discharging or
16		referring a patient to any of the following if unlicensed,
17		uncertified, or unregistered: (i) a board and care facility, as
18		defined in the Board and Care Home Act; (ii) an assisted living
19		and shared housing establishment, as defined in the Assisted
20		Living and Shared Housing Act; (iii) a facility licensed under
21		the Nursing Home Care Act, the Specialized Mental Health
22		Rehabilitation Act of 2013, the ID/DD Community Care Act, or
23		the MC/DD Act; (iv) a supportive living facility, as defined in
24		Section 5-5.01a of the Illinois Public Aid Code; or (v) a
25		free-standing hospice facility licensed under the Hospice
26		Program Licensing Act if licensure, certification, or

HB5540 Enrolled - 700 - LRB099 16003 AMC 40320 b
1		registration is required. The Department of Public Health shall
2		annually provide hospitals with a list of licensed, certified,
3		or registered board and care facilities, assisted living and
4		shared housing establishments, nursing homes, supportive
5		living facilities, facilities licensed under the ID/DD
6		Community Care Act, the MC/DD Act, or the Specialized Mental
7		Health Rehabilitation Act of 2013, and hospice facilities.
8		Reliance upon this list by a hospital shall satisfy compliance
9		with this requirement. The procedure may also include a waiver
10		for any case in which a discharge notice is not feasible due to
11		a short length of stay in the hospital by the patient, or for
12		any case in which the patient voluntarily desires to leave the
13		hospital before the expiration of the 24 hour period.
14		(c) At least 24 hours prior to discharge from the hospital,
15		the patient shall receive written information on the patient's
16		right to appeal the discharge pursuant to the federal Medicare
17		program, including the steps to follow to appeal the discharge
18		and the appropriate telephone number to call in case the
19		patient intends to appeal the discharge.
20		(d) Before transfer of a patient to a long term care
21		facility licensed under the Nursing Home Care Act where elderly
22		persons reside, a hospital shall as soon as practicable
23		initiate a name-based criminal history background check by
24		electronic submission to the Department of State Police for all
25		persons between the ages of 18 and 70 years; provided, however,
26		that a hospital shall be required to initiate such a background

HB5540 Enrolled - 701 - LRB099 16003 AMC 40320 b
1		check only with respect to patients who:
2		(1) are transferring to a long term care facility for
3		the first time;
4		(2) have been in the hospital more than 5 days;
5		(3) are reasonably expected to remain at the long term
6		care facility for more than 30 days;
7		(4) have a known history of serious mental illness or
8		substance abuse; and
9		(5) are independently ambulatory or mobile for more
10		than a temporary period of time.
11		A hospital may also request a criminal history background
12		check for a patient who does not meet any of the criteria set
13		forth in items (1) through (5).
14		A hospital shall notify a long term care facility if the
15		hospital has initiated a criminal history background check on a
16		patient being discharged to that facility. In all circumstances
17		in which the hospital is required by this subsection to
18		initiate the criminal history background check, the transfer to
19		the long term care facility may proceed regardless of the
20		availability of criminal history results. Upon receipt of the
21		results, the hospital shall promptly forward the results to the
22		appropriate long term care facility. If the results of the
23		background check are inconclusive, the hospital shall have no
24		additional duty or obligation to seek additional information
25		from, or about, the patient.
26		(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;

HB5540 Enrolled - 702 - LRB099 16003 AMC 40320 b
1		99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)
2		(210 ILCS 85/10.2) (from Ch. 111 1/2, par. 151.2)
3		Sec. 10.2. Because the candid and conscientious evaluation
4		of clinical practices is essential to the provision of adequate
5		hospital care, it is the policy of this State to encourage peer
6		review by health care providers. Therefore, no hospital and no
7		individual who is a member, agent, or employee of a hospital,
8		hospital medical staff, hospital administrative staff, or
9		hospital governing board shall be liable for civil damages as a
10		result of the acts, omissions, decisions, or any other conduct,
11		except those involving wilful or wanton misconduct, of a
12		medical utilization committee, medical review committee,
13		patient care audit committee, medical care evaluation
14		committee, quality review committee, credential committee,
15		peer review committee, or any other committee or individual
16		whose purpose, directly or indirectly, is internal quality
17		control or medical study to reduce morbidity or mortality, or
18		for improving patient care within a hospital, or the improving
19		or benefiting of patient care and treatment, whether within a
20		hospital or not, or for the purpose of professional discipline
21		including institution of a summary suspension in accordance
22		with Section 10.4 of this Act and the medical staff bylaws.
23		Nothing in this Section shall relieve any individual or
24		hospital from liability arising from treatment of a patient.
25		Any individual or hospital from liability arising from

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1		treatment of a patient. For the purposes of this Section,
2		"wilful and wanton misconduct" means a course of action that
3		shows actual or deliberate intention to harm or that, if not
4		intentional, shows an utter indifference to or conscious
5		disregard for a person's own safety and the safety of others.
6		(Source: P.A. 91-448, eff. 8-6-99; revised 10-9-15.)
7		(210 ILCS 85/10.7)
8		Sec. 10.7. Clinical privileges; advanced practice nurses.
9		All hospitals licensed under this Act shall comply with the
10		following requirements:
11		(1) No hospital policy, rule, regulation, or practice
12		shall be inconsistent with the provision of adequate
13		collaboration and consultation in accordance with Section
14		54.5 of the Medical Practice Act of 1987.
15		(2) Operative surgical procedures shall be performed
16		only by a physician licensed to practice medicine in all
17		its branches under the Medical Practice Act of 1987, a
18		dentist licensed under the Illinois Dental Practice Act, or
19		a podiatric physician licensed under the Podiatric Medical
20		Practice Act of 1987, with medical staff membership and
21		surgical clinical privileges granted at the hospital. A
22		licensed physician, dentist, or podiatric physician may be
23		assisted by a physician licensed to practice medicine in
24		all its branches, dentist, dental assistant, podiatric
25		physician, licensed advanced practice nurse, licensed

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1		physician assistant, licensed registered nurse, licensed
2		practical nurse, surgical assistant, surgical technician,
3		or other individuals granted clinical privileges to assist
4		in surgery at the hospital. Payment for services rendered
5		by an assistant in surgery who is not a hospital employee
6		shall be paid at the appropriate non-physician modifier
7		rate if the payor would have made payment had the same
8		services been provided by a physician.
9		(2.5) A registered nurse licensed under the Nurse
10		Practice Act and qualified by training and experience in
11		operating room nursing shall be present in the operating
12		room and function as the circulating nurse during all
13		invasive or operative procedures. For purposes of this
14		paragraph (2.5), "circulating nurse" means a registered
15		nurse who is responsible for coordinating all nursing care,
16		patient safety needs, and the needs of the surgical team in
17		the operating room during an invasive or operative
18		procedure.
19		(3) An advanced practice nurse is not required to
20		possess prescriptive authority or a written collaborative
21		agreement meeting the requirements of the Nurse Practice
22		Act to provide advanced practice nursing services in a
23		hospital. An advanced practice nurse must possess clinical
24		privileges recommended by the medical staff and granted by
25		the hospital in order to provide services. Individual
26		advanced practice nurses may also be granted clinical

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1		privileges to order, select, and administer medications,
2		including controlled substances, to provide delineated
3		care. The attending physician must determine the advanced
4		advance practice nurse's role in providing care for his or
5		her patients, except as otherwise provided in medical staff
6		bylaws. The medical staff shall periodically review the
7		services of advanced practice nurses granted privileges.
8		This review shall be conducted in accordance with item (2)
9		of subsection (a) of Section 10.8 of this Act for advanced
10		practice nurses employed by the hospital.
11		(4) The anesthesia service shall be under the direction
12		of a physician licensed to practice medicine in all its
13		branches who has had specialized preparation or experience
14		in the area or who has completed a residency in
15		anesthesiology. An anesthesiologist, Board certified or
16		Board eligible, is recommended. Anesthesia services may
17		only be administered pursuant to the order of a physician
18		licensed to practice medicine in all its branches, licensed
19		dentist, or licensed podiatric physician.
20		(A) The individuals who, with clinical privileges
21		granted at the hospital, may administer anesthesia
22		services are limited to the following:
23		(i) an anesthesiologist; or
24		(ii) a physician licensed to practice medicine
25		in all its branches; or
26		(iii) a dentist with authority to administer

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1		anesthesia under Section 8.1 of the Illinois
2		Dental Practice Act; or
3		(iv) a licensed certified registered nurse
4		anesthetist; or
5		(v) a podiatric physician licensed under the
6		Podiatric Medical Practice Act of 1987.
7		(B) For anesthesia services, an anesthesiologist
8		shall participate through discussion of and agreement
9		with the anesthesia plan and shall remain physically
10		present and be available on the premises during the
11		delivery of anesthesia services for diagnosis,
12		consultation, and treatment of emergency medical
13		conditions. In the absence of 24-hour availability of
14		anesthesiologists with medical staff privileges, an
15		alternate policy (requiring participation, presence,
16		and availability of a physician licensed to practice
17		medicine in all its branches) shall be developed by the
18		medical staff and licensed hospital in consultation
19		with the anesthesia service.
20		(C) A certified registered nurse anesthetist is
21		not required to possess prescriptive authority or a
22		written collaborative agreement meeting the
23		requirements of Section 65-35 of the Nurse Practice Act
24		to provide anesthesia services ordered by a licensed
25		physician, dentist, or podiatric physician. Licensed
26		certified registered nurse anesthetists are authorized

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1		to select, order, and administer drugs and apply the
2		appropriate medical devices in the provision of
3		anesthesia services under the anesthesia plan agreed
4		with by the anesthesiologist or, in the absence of an
5		available anesthesiologist with clinical privileges,
6		agreed with by the operating physician, operating
7		dentist, or operating podiatric physician in
8		accordance with the hospital's alternative policy.
9		(Source: P.A. 98-214, eff. 8-9-13; revised 10-21-15.)
10		Section 300. The Illinois Migrant Labor Camp Law is amended
11		by changing Sections 4 and 6 as follows:
12		(210 ILCS 110/4) (from Ch. 111 1/2, par. 185.4)
13		Sec. 4. Applications for a license to operate or maintain a
14		Migrant Labor Camp or for a renewal thereof shall be made upon
15		paper or electronic forms to be furnished by the Department.
16		Such application shall include:
17		(a) The name and address of the applicant or
18		applicants. If the applicant is a partnership, the names
19		and addresses of all the partners shall also be given. If
20		the applicant is a corporation, the names and addresses of
21		the principal officers of the corporation shall be given.
22		(b) The approximate legal description and the address
23		of the tract of land upon which the applicant proposes to
24		operate and maintain such Migrant Labor Camp.

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1		(c) A general plan or sketch of the campsite camp site
2		showing the location of the buildings or facilities
3		together with a description of the buildings, of the water
4		supply, of the toilet, bathing, and laundry facilities, and
5		of the fire protection equipment.
6		(d) The date upon which the occupancy and use of the
7		Migrant Labor Camp will commence.
8		The application for the original license or for any renewal
9		thereof shall be accompanied by a fee of $100.
10		Application for the original license or for a renewal of
11		the license shall be filed with the Department at least 10
12		business days prior to the date on which the occupancy and use
13		of such camp is to commence. The camp shall be ready for
14		inspection at least 5 business days prior to the date upon
15		which the occupancy and use of such camp is to commence.
16		(Source: P.A. 97-135, eff. 7-14-11; 98-1034, eff. 8-25-14;
17		revised 10-14-15.)
18		(210 ILCS 110/6) (from Ch. 111 1/2, par. 185.6)
19		Sec. 6. Upon receipt of an application for a license, the
20		Department shall inspect, at its earliest opportunity, the
21		campsite camp site and the facilities described in the
22		application. If the Department finds that the Migrant Labor
23		Camp described in the application meets and complies with the
24		provisions of this Act and the rules of the Department in
25		relation thereto, the Director shall issue a license to the

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1		applicant for the operation of the camp.
2		If the application is denied, the Department shall notify
3		the applicant in writing of such denial setting forth the
4		reasons therefor. If the conditions constituting the basis for
5		such denial are remediable, the applicant may correct such
6		conditions and notify the Department in writing indicating
7		therein the manner in which such conditions have been remedied.
8		Notifications of corrections shall be processed in the same
9		manner as the original application.
10		(Source: P.A. 97-135, eff. 7-14-11; 98-1034, eff. 8-25-14;
11		revised 10-14-15.)
12		Section 305. The Tanning Facility Permit Act is amended by
13		changing Section 80 as follows:
14		(210 ILCS 145/80) (from Ch. 111 1/2, par. 8351-80)
15		Sec. 80. Public nuisance.
16		(a) Any tanning facility operating without a valid permit
17		or operating on a revoked permit shall be guilty of committing
18		a public nuisance.
19		(b) A person convicted of knowingly maintaining a public
20		nuisance commits a Class A misdemeanor. Each subsequent offense
21		under this Section is a Class 4 felony.
22		(c) The Attorney General of this State or the State's
23		States Attorney of the county wherein the nuisance exists may
24		commence an action to abate the nuisance. The court may without

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1		notice or bond enter a temporary restraining order or a
2		preliminary injunction to enjoin the defendant from operating
3		in violation of this Act.
4		(Source: P.A. 87-636; revised 10-9-15.)
5		Section 310. The Illinois Insurance Code is amended by
6		changing Sections 131.4, 143a, 147.1, 356g, 356z.2, 460,
7		512.59, 902, and 1202 as follows:
8		(215 ILCS 5/131.4) (from Ch. 73, par. 743.4)
9		Sec. 131.4. Acquisition of control of or merger with
10		domestic company.
11		(a) No person other than the issuer may make a tender for
12		or a request or invitation for tenders of, or enter into an
13		agreement to exchange securities for, or seek to acquire or
14		acquire shareholders' proxies to vote or seek to acquire or
15		acquire in the open market, or otherwise, any voting security
16		of a domestic company or acquire policyholders' proxies of a
17		domestic company or any entity that controls a domestic
18		company, for consideration if, after the consummation thereof,
19		that person would, directly or indirectly, (or by conversion or
20		by exercise of any right to acquire) be in control of the
21		company, and no person may enter into an agreement to merge or
22		consolidate with or otherwise to acquire control of a domestic
23		company, unless the offer, request, invitation, or agreement is
24		conditioned on receiving the approval of the Director based on

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1		Section 131.8 of this Article and no such acquisition of
2		control or a merger with a domestic company may be consummated
3		unless the person has filed with the Director and has sent to
4		the company a statement containing the information required by
5		Section 131.5 and the Director has approved the transaction or
6		granted an exemption. Prior to the acquisition, the Director
7		may conclude that a statement need not be filed by the
8		acquiring party if the acquiring party demonstrates to the
9		satisfaction of the Director that:
10		(1) such transaction will not result in the change of
11		control of the domestic company; or
12		(2) (blank);
13		(3) the acquisition of, or attempt to acquire control
14		of, such other person is subject to requirements in the
15		jurisdiction of its domicile which are substantially
16		similar to those contained in this Section and Sections
17		131.5 through 131.12; or
18		(4) the control of the policyholders' proxies is being
19		acquired solely by virtue of the holders official office
20		and not as the result of any agreement or for any
21		consideration.
22		The purpose of this Section is to afford to the Director
23		the opportunity to review acquisitions in order to determine
24		whether or not the acquisition would be adverse to the
25		interests of the existing and future policyholders of the
26		company.

HB5540 Enrolled - 712 - LRB099 16003 AMC 40320 b
1		(b) For purposes of this Section, any controlling person of
2		a domestic company seeking to divest its controlling interest
3		in the domestic company in any manner shall file with the
4		Director, with a copy to the company, confidential notice of
5		its proposed divestiture at least 30 days prior to the
6		cessation of control. The Director shall determine those
7		instances in which the party or parties seeking to divest or to
8		acquire a controlling interest in a company shall be required
9		to file for and obtain approval of the transaction. The
10		information shall remain confidential until the conclusion of
11		the transaction unless the Director, in his or her discretion,
12		determines that confidential treatment shall interfere with
13		enforcement of this Section. If the statement referred to in
14		subsection (a) of this Section is otherwise filed in connection
15		with the proposed divestiture divesture or related
16		acquisition, this subsection (b) shall not apply.
17		(c) For purposes of this Section, a domestic company shall
18		include any person controlling a domestic company unless the
19		person, as determined by the Director, is either directly or
20		through its affiliates primarily engaged in business other than
21		the business of insurance. For the purposes of this Section,
22		"person" shall not include any securities broker holding, in
23		the usual and customary broker's function, less than 20% of the
24		voting securities of an insurance company or of any person that
25		controls an insurance company.
26		(Source: P.A. 98-609, eff. 1-1-14; revised 10-14-15.)

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1		(215 ILCS 5/143a) (from Ch. 73, par. 755a)
2		Sec. 143a. Uninsured and hit and run motor vehicle
3		coverage.
4		(1) No policy insuring against loss resulting from
5		liability imposed by law for bodily injury or death suffered by
6		any person arising out of the ownership, maintenance or use of
7		a motor vehicle that is designed for use on public highways and
8		that is either required to be registered in this State or is
9		principally garaged in this State shall be renewed, delivered,
10		or issued for delivery in this State unless coverage is
11		provided therein or supplemental thereto, in limits for bodily
12		injury or death set forth in Section 7-203 of the Illinois
13		Vehicle Code for the protection of persons insured thereunder
14		who are legally entitled to recover damages from owners or
15		operators of uninsured motor vehicles and hit-and-run motor
16		vehicles because of bodily injury, sickness or disease,
17		including death, resulting therefrom. Uninsured motor vehicle
18		coverage does not apply to bodily injury, sickness, disease, or
19		death resulting therefrom, of an insured while occupying a
20		motor vehicle owned by, or furnished or available for the
21		regular use of the insured, a resident spouse or resident
22		relative, if that motor vehicle is not described in the policy
23		under which a claim is made or is not a newly acquired or
24		replacement motor vehicle covered under the terms of the
25		policy. The limits for any coverage for any vehicle under the

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1		policy may not be aggregated with the limits for any similar
2		coverage, whether provided by the same insurer or another
3		insurer, applying to other motor vehicles, for purposes of
4		determining the total limit of insurance coverage available for
5		bodily injury or death suffered by a person in any one
6		accident. No policy shall be renewed, delivered, or issued for
7		delivery in this State unless it is provided therein that any
8		dispute with respect to the coverage and the amount of damages
9		shall be submitted for arbitration to the American Arbitration
10		Association and be subject to its rules for the conduct of
11		arbitration hearings as to all matters except medical opinions.
12		As to medical opinions, if the amount of damages being sought
13		is equal to or less than the amount provided for in Section
14		7-203 of the Illinois Vehicle Code, then the current American
15		Arbitration Association Rules shall apply. If the amount being
16		sought in an American Arbitration Association case exceeds that
17		amount as set forth in Section 7-203 of the Illinois Vehicle
18		Code, then the Rules of Evidence that apply in the circuit
19		court for placing medical opinions into evidence shall govern.
20		Alternatively, disputes with respect to damages and the
21		coverage shall be determined in the following manner: Upon the
22		insured requesting arbitration, each party to the dispute shall
23		select an arbitrator and the 2 arbitrators so named shall
24		select a third arbitrator. If such arbitrators are not selected
25		within 45 days from such request, either party may request that
26		the arbitration be submitted to the American Arbitration

HB5540 Enrolled - 715 - LRB099 16003 AMC 40320 b
1		Association. Any decision made by the arbitrators shall be
2		binding for the amount of damages not exceeding $75,000 for
3		bodily injury to or death of any one person, $150,000 for
4		bodily injury to or death of 2 or more persons in any one motor
5		vehicle accident, or the corresponding policy limits for bodily
6		injury or death, whichever is less. All 3-person arbitration
7		cases proceeding in accordance with any uninsured motorist
8		coverage conducted in this State in which the claimant is only
9		seeking monetary damages up to the limits set forth in Section
10		7-203 of the Illinois Vehicle Code shall be subject to the
11		following rules:
12		(A) If at least 60 days' written notice of the
13		intention to offer the following documents in evidence is
14		given to every other party, accompanied by a copy of the
15		document, a party may offer in evidence, without foundation
16		or other proof:
17		(1) bills, records, and reports of hospitals,
18		doctors, dentists, registered nurses, licensed
19		practical nurses, physical therapists, and other
20		healthcare providers;
21		(2) bills for drugs, medical appliances, and
22		prostheses;
23		(3) property repair bills or estimates, when
24		identified and itemized setting forth the charges for
25		labor and material used or proposed for use in the
26		repair of the property;

HB5540 Enrolled - 716 - LRB099 16003 AMC 40320 b
1		(4) a report of the rate of earnings and time lost
2		from work or lost compensation prepared by an employer;
3		(5) the written opinion of an opinion witness, the
4		deposition of a witness, and the statement of a witness
5		that the witness would be allowed to express if
6		testifying in person, if the opinion or statement is
7		made by affidavit or by certification as provided in
8		Section 1-109 of the Code of Civil Procedure;
9		(6) any other document not specifically covered by
10		any of the foregoing provisions that is otherwise
11		admissible under the rules of evidence.
12		Any party receiving a notice under this paragraph (A)
13		may apply to the arbitrator or panel of arbitrators, as the
14		case may be, for the issuance of a subpoena directed to the
15		author or maker or custodian of the document that is the
16		subject of the notice, requiring the person subpoenaed to
17		produce copies of any additional documents as may be
18		related to the subject matter of the document that is the
19		subject of the notice. Any such subpoena shall be issued in
20		substantially similar form and served by notice as provided
21		by Illinois Supreme Court Rule 204(a)(4). Any such subpoena
22		shall be returnable not less than 5 days before the
23		arbitration hearing.
24		(B) Notwithstanding the provisions of Supreme Court
25		Rule 213(g), a party who proposes to use a written opinion
26		of an expert or opinion witness or the testimony of an

HB5540 Enrolled - 717 - LRB099 16003 AMC 40320 b
1		expert or opinion witness at the hearing may do so provided
2		a written notice of that intention is given to every other
3		party not less than 60 days prior to the date of hearing,
4		accompanied by a statement containing the identity of the
5		witness, his or her qualifications, the subject matter, the
6		basis of the witness's conclusions, and his or her opinion.
7		(C) Any other party may subpoena the author or maker of
8		a document admissible under this subsection, at that
9		party's expense, and examine the author or maker as if
10		under cross-examination. The provisions of Section 2-1101
11		of the Code of Civil Procedure shall be applicable to
12		arbitration hearings, and it shall be the duty of a party
13		requesting the subpoena to modify the form to show that the
14		appearance is set before an arbitration panel and to give
15		the time and place set for the hearing.
16		(D) The provisions of Section 2-1102 of the Code of
17		Civil Procedure shall be applicable to arbitration
18		hearings under this subsection.
19		(2) No policy insuring against loss resulting from
20		liability imposed by law for property damage arising out of the
21		ownership, maintenance, or use of a motor vehicle shall be
22		renewed, delivered, or issued for delivery in this State with
23		respect to any private passenger or recreational motor vehicle
24		that is designed for use on public highways and that is either
25		required to be registered in this State or is principally
26		garaged in this State and is not covered by collision insurance

HB5540 Enrolled - 718 - LRB099 16003 AMC 40320 b
1		under the provisions of such policy, unless coverage is made
2		available in the amount of the actual cash value of the motor
3		vehicle described in the policy or $15,000 whichever is less,
4		subject to a $250 deductible, for the protection of persons
5		insured thereunder who are legally entitled to recover damages
6		from owners or operators of uninsured motor vehicles and
7		hit-and-run motor vehicles because of property damage to the
8		motor vehicle described in the policy.
9		There shall be no liability imposed under the uninsured
10		motorist property damage coverage required by this subsection
11		if the owner or operator of the at-fault uninsured motor
12		vehicle or hit-and-run motor vehicle cannot be identified. This
13		subsection shall not apply to any policy which does not provide
14		primary motor vehicle liability insurance for liabilities
15		arising from the maintenance, operation, or use of a
16		specifically insured motor vehicle.
17		Each insurance company providing motor vehicle property
18		damage liability insurance shall advise applicants of the
19		availability of uninsured motor vehicle property damage
20		coverage, the premium therefor, and provide a brief description
21		of the coverage. That information need be given only once and
22		shall not be required in any subsequent renewal, reinstatement
23		or reissuance, substitute, amended, replacement or
24		supplementary policy. No written rejection shall be required,
25		and the absence of a premium payment for uninsured motor
26		vehicle property damage shall constitute conclusive proof that

HB5540 Enrolled - 719 - LRB099 16003 AMC 40320 b
1		the applicant or policyholder has elected not to accept
2		uninsured motorist property damage coverage.
3		An insurance company issuing uninsured motor vehicle
4		property damage coverage may provide that:
5		(i) Property damage losses recoverable thereunder
6		shall be limited to damages caused by the actual physical
7		contact of an uninsured motor vehicle with the insured
8		motor vehicle.
9		(ii) There shall be no coverage for loss of use of the
10		insured motor vehicle and no coverage for loss or damage to
11		personal property located in the insured motor vehicle.
12		(iii) Any claim submitted shall include the name and
13		address of the owner of the at-fault uninsured motor
14		vehicle, or a registration number and description of the
15		vehicle, or any other available information to establish
16		that there is no applicable motor vehicle property damage
17		liability insurance.
18		Any dispute with respect to the coverage and the amount of
19		damages shall be submitted for arbitration to the American
20		Arbitration Association and be subject to its rules for the
21		conduct of arbitration hearings or for determination in the
22		following manner: Upon the insured requesting arbitration,
23		each party to the dispute shall select an arbitrator and the 2
24		arbitrators so named shall select a third arbitrator. If such
25		arbitrators are not selected within 45 days from such request,
26		either party may request that the arbitration be submitted to

HB5540 Enrolled - 720 - LRB099 16003 AMC 40320 b
1		the American Arbitration Association. Any arbitration
2		proceeding under this subsection seeking recovery for property
3		damages shall be subject to the following rules:
4		(A) If at least 60 days' written notice of the
5		intention to offer the following documents in evidence is
6		given to every other party, accompanied by a copy of the
7		document, a party may offer in evidence, without foundation
8		or other proof:
9		(1) property repair bills or estimates, when
10		identified and itemized setting forth the charges for
11		labor and material used or proposed for use in the
12		repair of the property;
13		(2) the written opinion of an opinion witness, the
14		deposition of a witness, and the statement of a witness
15		that the witness would be allowed to express if
16		testifying in person, if the opinion or statement is
17		made by affidavit or by certification as provided in
18		Section 1-109 of the Code of Civil Procedure;
19		(3) any other document not specifically covered by
20		any of the foregoing provisions that is otherwise
21		admissible under the rules of evidence.
22		Any party receiving a notice under this paragraph (A)
23		may apply to the arbitrator or panel of arbitrators, as the
24		case may be, for the issuance of a subpoena directed to the
25		author or maker or custodian of the document that is the
26		subject of the notice, requiring the person subpoenaed to

HB5540 Enrolled - 721 - LRB099 16003 AMC 40320 b
1		produce copies of any additional documents as may be
2		related to the subject matter of the document that is the
3		subject of the notice. Any such subpoena shall be issued in
4		substantially similar form and served by notice as provided
5		by Illinois Supreme Court Rule 204(a)(4). Any such subpoena
6		shall be returnable not less than 5 days before the
7		arbitration hearing.
8		(B) Notwithstanding the provisions of Supreme Court
9		Rule 213(g), a party who proposes to use a written opinion
10		of an expert or opinion witness or the testimony of an
11		expert or opinion witness at the hearing may do so provided
12		a written notice of that intention is given to every other
13		party not less than 60 days prior to the date of hearing,
14		accompanied by a statement containing the identity of the
15		witness, his or her qualifications, the subject matter, the
16		basis of the witness's conclusions, and his or her opinion.
17		(C) Any other party may subpoena the author or maker of
18		a document admissible under this subsection, at that
19		party's expense, and examine the author or maker as if
20		under cross-examination. The provisions of Section 2-1101
21		of the Code of Civil Procedure shall be applicable to
22		arbitration hearings, and it shall be the duty of a party
23		requesting the subpoena to modify the form to show that the
24		appearance is set before an arbitration panel and to give
25		the time and place set for the hearing.
26		(D) The provisions of Section 2-1102 of the Code of

HB5540 Enrolled - 722 - LRB099 16003 AMC 40320 b
1		Civil Procedure shall be applicable to arbitration
2		hearings under this subsection.
3		(3) For the purpose of the coverage, the term "uninsured
4		motor vehicle" includes, subject to the terms and conditions of
5		the coverage, a motor vehicle where on, before or after the
6		accident date the liability insurer thereof is unable to make
7		payment with respect to the legal liability of its insured
8		within the limits specified in the policy because of the entry
9		by a court of competent jurisdiction of an order of
10		rehabilitation or liquidation by reason of insolvency on or
11		after the accident date. An insurer's extension of coverage, as
12		provided in this subsection, shall be applicable to all
13		accidents occurring after July 1, 1967 during a policy period
14		in which its insured's uninsured motor vehicle coverage is in
15		effect. Nothing in this Section may be construed to prevent any
16		insurer from extending coverage under terms and conditions more
17		favorable to its insureds than is required by this Section.
18		(4) In the event of payment to any person under the
19		coverage required by this Section and subject to the terms and
20		conditions of the coverage, the insurer making the payment
21		shall, to the extent thereof, be entitled to the proceeds of
22		any settlement or judgment resulting from the exercise of any
23		rights of recovery of the person against any person or
24		organization legally responsible for the property damage,
25		bodily injury or death for which the payment is made, including
26		the proceeds recoverable from the assets of the insolvent

HB5540 Enrolled - 723 - LRB099 16003 AMC 40320 b
1		insurer. With respect to payments made by reason of the
2		coverage described in subsection (3), the insurer making such
3		payment shall not be entitled to any right of recovery against
4		the tortfeasor tort-feasor in excess of the proceeds recovered
5		from the assets of the insolvent insurer of the tortfeasor
6		tort-feasor.
7		(5) This amendatory Act of 1967 (Laws of Illinois 1967,
8		page 875) shall not be construed to terminate or reduce any
9		insurance coverage or any right of any party under this Code in
10		effect before July 1, 1967. Public Act 86-1155 This amendatory
11		Act of 1990 shall not be construed to terminate or reduce any
12		insurance coverage or any right of any party under this Code in
13		effect before its effective date.
14		(6) Failure of the motorist from whom the claimant is
15		legally entitled to recover damages to file the appropriate
16		forms with the Safety Responsibility Section of the Department
17		of Transportation within 120 days of the accident date shall
18		create a rebuttable presumption that the motorist was uninsured
19		at the time of the injurious occurrence.
20		(7) An insurance carrier may upon good cause require the
21		insured to commence a legal action against the owner or
22		operator of an uninsured motor vehicle before good faith
23		negotiation with the carrier. If the action is commenced at the
24		request of the insurance carrier, the carrier shall pay to the
25		insured, before the action is commenced, all court costs, jury
26		fees and sheriff's fees arising from the action.

HB5540 Enrolled - 724 - LRB099 16003 AMC 40320 b
1		The changes made by Public Act 90-451 this amendatory Act
2		of 1997 apply to all policies of insurance amended, delivered,
3		issued, or renewed on and after January 1, 1998 (the effective
4		date of Public Act 90-451) this amendatory Act of 1997.
5		(8) The changes made by Public Act 98-927 this amendatory
6		Act of the 98th General Assembly apply to all policies of
7		insurance amended, delivered, issued, or renewed on and after
8		January 1, 2015 (the effective date of Public Act 98-927) this
9		amendatory Act of the 98th General Assembly.
10		(Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15; revised
11		10-15-15.)
12		(215 ILCS 5/147.1) (from Ch. 73, par. 759.1)
13		Sec. 147.1. Sale of insurance company shares.
14		(1) No shares of the capital stock of a domestic stock
15		company shall be sold or offered for sale to the public in this
16		State by an issuer, underwriter, dealer or controlling person
17		in respect of such shares without first procuring from the
18		Director a permit so to do.
19		(2) Unless the context otherwise indicates the following
20		terms as used in this Section shall have the following
21		meanings:
22		(a) The word "issuer" shall mean every company which
23		shall have issued or proposes to issue any such shares of
24		capital stock. ,
25		(b) The word "underwriter" shall mean any person who

HB5540 Enrolled - 725 - LRB099 16003 AMC 40320 b
1		has purchased such shares of capital stock from an issuer
2		or controlling person with a view to, or sells such shares
3		of capital stock for an issuer or a controlling person in
4		connection with, the distribution thereof, or participates
5		or has a participation in the direct or indirect
6		underwriting of such distribution; but such term shall not
7		include a person whose interest is limited to a commission
8		or discount from an underwriter or dealer not in excess of
9		the usual and customary distributor's distributer's or
10		seller's commission or discount or not in excess of any
11		applicable statutory maximum commission or discount. An
12		underwriter shall be deemed to be no longer an underwriter
13		of an issue of shares of capital stock after he has
14		completely disposed of his allotment of such shares or, if
15		he did not purchase the shares, after he has ceased to sell
16		such shares for the issuer or controlling person.
17		(c) The word "dealer" shall mean any person other than
18		an issuer, a controlling person, a bank organized under the
19		banking laws of this State or of the United States, a trust
20		company organized under the laws of this State, an
21		insurance company or a salesman, who engages in this State,
22		either for all or part of his time, directly or indirectly,
23		as agent, broker or principal, in the business of offering,
24		selling, buying and selling, or otherwise dealing or
25		trading in shares of capital stock of insurance companies.
26		(d) The words "controlling person" shall mean any

HB5540 Enrolled - 726 - LRB099 16003 AMC 40320 b
1		person selling such shares of capital stock, or group of
2		persons acting in concert in the sale of such shares,
3		owning beneficially (and in the absence of knowledge, or
4		reasonable grounds of belief, to the contrary, record
5		ownership shall for the purposes hereof be presumed to be
6		beneficial ownership) either:
7		(i) 25% or Or more of the outstanding voting shares
8		of the issuer of such shares where no other person owns
9		or controls a greater percentage of such shares, or
10		(ii) such Such number of outstanding number of
11		shares of the issuer as would enable such person, or
12		group of persons, to elect a majority of the Board of
13		Directors of such issuer.
14		(e) The word "salesman" shall mean an individual, other
15		than an issuer, an underwriter, a dealer or a controlling
16		person, employed or appointed or authorized by an issuer,
17		an underwriter, a dealer or a controlling person to sell
18		such shares in this State. The partners or officers of an
19		issuer, an underwriter, a dealer or a controlling person
20		shall not be deemed to be a salesman within the meaning of
21		this definition.
22		(3) The provisions of this Section shall not apply to any
23		of the following transactions:
24		(a) The sale in good faith, whether through a dealer or
25		otherwise, of such shares by a vendor who is not an issuer,
26		underwriter, dealer or controlling person in respect of

HB5540 Enrolled - 727 - LRB099 16003 AMC 40320 b
1		such shares, and who, being the bona fide owner of such
2		shares deposes thereof for his own account; provided, that
3		such sale is not made directly or indirectly for the
4		benefit of the issuer or of an underwriter or controlling
5		person.
6		(b) The sale, issuance or exchange by an issuer of its
7		shares to or with its own shareholders, if no commission or
8		other remuneration is paid or given directly or indirectly
9		for or on account of the procuring or soliciting of such
10		sale or exchange (other than a fee paid to underwriters
11		based on their undertaking to purchase any shares not
12		purchased by shareholders in connection with such sale or
13		exchange), or the issuance by an issuer of its shares to a
14		holder of convertible securities pursuant to a conversion
15		provision granted at the time of issuance of such
16		convertible securities, provided that no commission or
17		other remuneration is paid or given directly or indirectly
18		thereon on account of the procuring or soliciting of such
19		conversion and no consideration from the holder in addition
20		to the surrender or cancellation of the convertible
21		security is required to effect the conversion.
22		(c) The sale of such shares to any corporation, bank,
23		savings institution, trust company, insurance company,
24		building and loan association, dealer, pension fund or
25		pension trust, employees profit sharing trust or to any
26		association engaged as a substantial part of its business

HB5540 Enrolled - 728 - LRB099 16003 AMC 40320 b
1		or operations in purchasing or holding securities, or to
2		any trust in respect of which a bank or trust company is
3		trustee or co-trustee.
4		(d) The sale of such shares by an executor,
5		administrator, guardian, receiver or trustee in insolvency
6		or bankruptcy or at any judicial sale or at a public sale
7		by auction held at an advertised time and place or the sale
8		of such shares in good faith and not for the purpose of
9		avoiding the provisions of this Section by a pledgee of
10		such shares pledged for a bona fide debt.
11		(e) Such other transaction as may be declared by ruling
12		of the Director to be exempt from the provisions of this
13		Section.
14		(4) Prior to the issuance of any permit under this Section,
15		there shall be delivered to the Director two copies of the
16		following:
17		(a) the prospectus which is to be used in connection
18		with the sale of such shares;
19		(b) the underwriting and selling agreements, if any;
20		(c) the subscription agreement;
21		(d) the depository agreement under which the
22		subscription proceeds are to be held;
23		(e) any and all other documents, agreements, contracts
24		and other papers of whatever nature which are to be used in
25		connection with or relative to the sale of such shares,
26		which may be required by the Director.

HB5540 Enrolled - 729 - LRB099 16003 AMC 40320 b
1		(5) The Director shall within a reasonable time examine the
2		documents submitted to him and unless he finds from said
3		documents that the sale of said shares is inequitable or would
4		work or tend to work a fraud or deceit upon the purchasers
5		thereof, he shall issue a permit authorizing the sale of said
6		shares.
7		(6) The Director shall have the power to prescribe such
8		rules and regulations relating to the sale, issuance, and
9		offering of said shares as will effectuate the purpose of this
10		section to the end that no inequity, fraud or deceit will be
11		perpetrated upon the purchasers thereof.
12		(7) If the Director finds that any of the provisions of
13		this Section or of the rules and regulations adopted pursuant
14		hereto have been violated or that the sale, issuance or
15		offering of any such shares is inequitable or works or tends to
16		work a fraud or deceit upon the purchasers thereof he may
17		refuse to issue a permit to sell, issue or offer such shares or
18		may, after notice and hearing, revoke such permit. The action
19		of the Director in refusing, after due application therefor in
20		form prescribed by the Director, or revoking, any such permit
21		shall be subject to judicial review in the manner prescribed by
22		the insurance laws of this State.
23		(8) Any person who violates any of the provisions of this
24		Section shall be guilty of a business offense and, upon
25		conviction thereof shall be fined not less than $1,000 nor more
26		than the greater of either $5,000 or twice the whole amount,

HB5540 Enrolled - 730 - LRB099 16003 AMC 40320 b
1		received upon the sale of shares in violation of this Section
2		and may in addition, if a natural person, be convicted of a
3		Class A misdemeanor.
4		(Source: P.A. 84-502; revised 10-21-15.)
5		(215 ILCS 5/356g) (from Ch. 73, par. 968g)
6		(Text of Section before amendment by P.A. 99-407)
7		Sec. 356g. Mammograms; mastectomies.
8		(a) Every insurer shall provide in each group or individual
9		policy, contract, or certificate of insurance issued or renewed
10		for persons who are residents of this State, coverage for
11		screening by low-dose mammography for all women 35 years of age
12		or older for the presence of occult breast cancer within the
13		provisions of the policy, contract, or certificate. The
14		coverage shall be as follows:
15		(1) A baseline mammogram for women 35 to 39 years of
16		age.
17		(2) An annual mammogram for women 40 years of age or
18		older.
19		(3) A mammogram at the age and intervals considered
20		medically necessary by the woman's health care provider for
21		women under 40 years of age and having a family history of
22		breast cancer, prior personal history of breast cancer,
23		positive genetic testing, or other risk factors.
24		(4) A comprehensive ultrasound screening of an entire
25		breast or breasts if a mammogram demonstrates

HB5540 Enrolled - 731 - LRB099 16003 AMC 40320 b
1		heterogeneous or dense breast tissue, when medically
2		necessary as determined by a physician licensed to practice
3		medicine in all of its branches.
4		(5) A screening MRI when medically necessary, as
5		determined by a physician licensed to practice medicine in
6		all of its branches.
7		For purposes of this Section, "low-dose mammography" means
8		the x-ray examination of the breast using equipment dedicated
9		specifically for mammography, including the x-ray tube,
10		filter, compression device, and image receptor, with radiation
11		exposure delivery of less than 1 rad per breast for 2 views of
12		an average size breast. The term also includes digital
13		mammography.
14		(a-5) Coverage as described by subsection (a) shall be
15		provided at no cost to the insured and shall not be applied to
16		an annual or lifetime maximum benefit.
17		(a-10) When health care services are available through
18		contracted providers and a person does not comply with plan
19		provisions specific to the use of contracted providers, the
20		requirements of subsection (a-5) are not applicable. When a
21		person does not comply with plan provisions specific to the use
22		of contracted providers, plan provisions specific to the use of
23		non-contracted providers must be applied without distinction
24		for coverage required by this Section and shall be at least as
25		favorable as for other radiological examinations covered by the
26		policy or contract.

HB5540 Enrolled - 732 - LRB099 16003 AMC 40320 b
1		(b) No policy of accident or health insurance that provides
2		for the surgical procedure known as a mastectomy shall be
3		issued, amended, delivered, or renewed in this State unless
4		that coverage also provides for prosthetic devices or
5		reconstructive surgery incident to the mastectomy. Coverage
6		for breast reconstruction in connection with a mastectomy shall
7		include:
8		(1) reconstruction of the breast upon which the
9		mastectomy has been performed;
10		(2) surgery and reconstruction of the other breast to
11		produce a symmetrical appearance; and
12		(3) prostheses and treatment for physical
13		complications at all stages of mastectomy, including
14		lymphedemas.
15		Care shall be determined in consultation with the attending
16		physician and the patient. The offered coverage for prosthetic
17		devices and reconstructive surgery shall be subject to the
18		deductible and coinsurance conditions applied to the
19		mastectomy, and all other terms and conditions applicable to
20		other benefits. When a mastectomy is performed and there is no
21		evidence of malignancy then the offered coverage may be limited
22		to the provision of prosthetic devices and reconstructive
23		surgery to within 2 years after the date of the mastectomy. As
24		used in this Section, "mastectomy" means the removal of all or
25		part of the breast for medically necessary reasons, as
26		determined by a licensed physician.

HB5540 Enrolled - 733 - LRB099 16003 AMC 40320 b
1		Written notice of the availability of coverage under this
2		Section shall be delivered to the insured upon enrollment and
3		annually thereafter. An insurer may not deny to an insured
4		eligibility, or continued eligibility, to enroll or to renew
5		coverage under the terms of the plan solely for the purpose of
6		avoiding the requirements of this Section. An insurer may not
7		penalize or reduce or limit the reimbursement of an attending
8		provider or provide incentives (monetary or otherwise) to an
9		attending provider to induce the provider to provide care to an
10		insured in a manner inconsistent with this Section.
11		(c) Rulemaking authority to implement Public Act 95-1045
12		this amendatory Act of the 95th General Assembly, if any, is
13		conditioned on the rules being adopted in accordance with all
14		provisions of the Illinois Administrative Procedure Act and all
15		rules and procedures of the Joint Committee on Administrative
16		Rules; any purported rule not so adopted, for whatever reason,
17		is unauthorized.
18		(Source: P.A. 99-433, eff. 8-21-15; revised 10-20-15.)
19		(Text of Section after amendment by P.A. 99-407)
20		Sec. 356g. Mammograms; mastectomies.
21		(a) Every insurer shall provide in each group or individual
22		policy, contract, or certificate of insurance issued or renewed
23		for persons who are residents of this State, coverage for
24		screening by low-dose mammography for all women 35 years of age
25		or older for the presence of occult breast cancer within the

HB5540 Enrolled - 734 - LRB099 16003 AMC 40320 b
1		provisions of the policy, contract, or certificate. The
2		coverage shall be as follows:
3		(1) A baseline mammogram for women 35 to 39 years of
4		age.
5		(2) An annual mammogram for women 40 years of age or
6		older.
7		(3) A mammogram at the age and intervals considered
8		medically necessary by the woman's health care provider for
9		women under 40 years of age and having a family history of
10		breast cancer, prior personal history of breast cancer,
11		positive genetic testing, or other risk factors.
12		(4) A comprehensive ultrasound screening of an entire
13		breast or breasts if a mammogram demonstrates
14		heterogeneous or dense breast tissue, when medically
15		necessary as determined by a physician licensed to practice
16		medicine in all of its branches.
17		(5) A screening MRI when medically necessary, as
18		determined by a physician licensed to practice medicine in
19		all of its branches.
20		For purposes of this Section, "low-dose mammography" means
21		the x-ray examination of the breast using equipment dedicated
22		specifically for mammography, including the x-ray tube,
23		filter, compression device, and image receptor, with radiation
24		exposure delivery of less than 1 rad per breast for 2 views of
25		an average size breast. The term also includes digital
26		mammography and includes breast tomosynthesis. As used in this

HB5540 Enrolled - 735 - LRB099 16003 AMC 40320 b
1		Section, the term "breast tomosynthesis" means a radiologic
2		procedure that involves the acquisition of projection images
3		over the stationary breast to produce cross-sectional digital
4		three-dimensional images of the breast.
5		(a-5) Coverage as described by subsection (a) shall be
6		provided at no cost to the insured and shall not be applied to
7		an annual or lifetime maximum benefit.
8		(a-10) When health care services are available through
9		contracted providers and a person does not comply with plan
10		provisions specific to the use of contracted providers, the
11		requirements of subsection (a-5) are not applicable. When a
12		person does not comply with plan provisions specific to the use
13		of contracted providers, plan provisions specific to the use of
14		non-contracted providers must be applied without distinction
15		for coverage required by this Section and shall be at least as
16		favorable as for other radiological examinations covered by the
17		policy or contract.
18		(b) No policy of accident or health insurance that provides
19		for the surgical procedure known as a mastectomy shall be
20		issued, amended, delivered, or renewed in this State unless
21		that coverage also provides for prosthetic devices or
22		reconstructive surgery incident to the mastectomy. Coverage
23		for breast reconstruction in connection with a mastectomy shall
24		include:
25		(1) reconstruction of the breast upon which the
26		mastectomy has been performed;

HB5540 Enrolled - 736 - LRB099 16003 AMC 40320 b
1		(2) surgery and reconstruction of the other breast to
2		produce a symmetrical appearance; and
3		(3) prostheses and treatment for physical
4		complications at all stages of mastectomy, including
5		lymphedemas.
6		Care shall be determined in consultation with the attending
7		physician and the patient. The offered coverage for prosthetic
8		devices and reconstructive surgery shall be subject to the
9		deductible and coinsurance conditions applied to the
10		mastectomy, and all other terms and conditions applicable to
11		other benefits. When a mastectomy is performed and there is no
12		evidence of malignancy then the offered coverage may be limited
13		to the provision of prosthetic devices and reconstructive
14		surgery to within 2 years after the date of the mastectomy. As
15		used in this Section, "mastectomy" means the removal of all or
16		part of the breast for medically necessary reasons, as
17		determined by a licensed physician.
18		Written notice of the availability of coverage under this
19		Section shall be delivered to the insured upon enrollment and
20		annually thereafter. An insurer may not deny to an insured
21		eligibility, or continued eligibility, to enroll or to renew
22		coverage under the terms of the plan solely for the purpose of
23		avoiding the requirements of this Section. An insurer may not
24		penalize or reduce or limit the reimbursement of an attending
25		provider or provide incentives (monetary or otherwise) to an
26		attending provider to induce the provider to provide care to an

HB5540 Enrolled - 737 - LRB099 16003 AMC 40320 b
1		insured in a manner inconsistent with this Section.
2		(c) Rulemaking authority to implement Public Act 95-1045
3		this amendatory Act of the 95th General Assembly, if any, is
4		conditioned on the rules being adopted in accordance with all
5		provisions of the Illinois Administrative Procedure Act and all
6		rules and procedures of the Joint Committee on Administrative
7		Rules; any purported rule not so adopted, for whatever reason,
8		is unauthorized.
9		(Source: P.A. 99-407 (see Section 99 of P.A. 99-407 for its
10		effective date); 99-433, eff. 8-21-15; revised 10-20-15.)
11		(215 ILCS 5/356z.2)
12		Sec. 356z.2. Coverage for adjunctive services in dental
13		care.
14		(a) An individual or group policy of accident and health
15		insurance amended, delivered, issued, or renewed after January
16		1, 2003 (the effective date of Public Act 92-764) this
17		amendatory Act of the 92nd General Assembly shall cover charges
18		incurred, and anesthetics provided, in conjunction with dental
19		care that is provided to a covered individual in a hospital or
20		an ambulatory surgical treatment center if any of the following
21		applies:
22		(1) the individual is a child age 6 or under;
23		(2) the individual has a medical condition that
24		requires hospitalization or general anesthesia for dental
25		care; or

HB5540 Enrolled - 738 - LRB099 16003 AMC 40320 b
1		(3) the individual is a person with a disability.
2		(a-5) An individual or group policy of accident and health
3		insurance amended, delivered, issued, or renewed after January
4		1, 2016 (the effective date of Public Act 99-141) this
5		amendatory Act of the 99th General Assembly shall cover charges
6		incurred, and anesthetics provided by a dentist with a permit
7		provided under Section 8.1 of the Illinois Dental Practice Act,
8		in conjunction with dental care that is provided to a covered
9		individual in a dental office, oral surgeon's office, hospital,
10		or ambulatory surgical treatment center if the individual is
11		under age 19 and has been diagnosed with an autism spectrum
12		disorder as defined in Section 10 of the Autism Spectrum
13		Disorders Reporting Act or a developmental disability. A
14		covered individual shall be required to make 2 visits to the
15		dental care provider prior to accessing other coverage under
16		this subsection.
17		For purposes of this subsection, "developmental
18		disability" means a disability that is attributable to an
19		intellectual disability or a related condition, if the related
20		condition meets all of the following conditions:
21		(1) it is attributable to cerebral palsy, epilepsy, or
22		any other condition, other than mental illness, found to be
23		closely related to an intellectual disability because that
24		condition results in impairment of general intellectual
25		functioning or adaptive behavior similar to that of
26		individuals with an intellectual disability and requires

HB5540 Enrolled - 739 - LRB099 16003 AMC 40320 b
1		treatment or services similar to those required for those
2		individuals; for purposes of this definition, autism is
3		considered a related condition;
4		(2) it is manifested before the individual reaches age
5		22;
6		(3) it is likely to continue indefinitely; and
7		(4) it results in substantial functional limitations
8		in 3 or more of the following areas of major life activity:
9		self-care, language, learning, mobility, self-direction,
10		and capacity for independent living.
11		(b) For purposes of this Section, "ambulatory surgical
12		treatment center" has the meaning given to that term in Section
13		3 of the Ambulatory Surgical Treatment Center Act.
14		For purposes of this Section, "person with a disability"
15		means a person, regardless of age, with a chronic disability if
16		the chronic disability meets all of the following conditions:
17		(1) It is attributable to a mental or physical
18		impairment or combination of mental and physical
19		impairments.
20		(2) It is likely to continue.
21		(3) It results in substantial functional limitations
22		in one or more of the following areas of major life
23		activity:
24		(A) self-care;
25		(B) receptive and expressive language;
26		(C) learning;

HB5540 Enrolled - 740 - LRB099 16003 AMC 40320 b
1		(D) mobility;
2		(E) capacity for independent living; or
3		(F) economic self-sufficiency.
4		(c) The coverage required under this Section may be subject
5		to any limitations, exclusions, or cost-sharing provisions
6		that apply generally under the insurance policy.
7		(d) This Section does not apply to a policy that covers
8		only dental care.
9		(e) Nothing in this Section requires that the dental
10		services be covered.
11		(f) The provisions of this Section do not apply to
12		short-term travel, accident-only, limited, or specified
13		disease policies, nor to policies or contracts designed for
14		issuance to persons eligible for coverage under Title XVIII of
15		the Social Security Act, known as Medicare, or any other
16		similar coverage under State or federal governmental plans.
17		(Source: P.A. 99-141, eff. 1-1-16; 99-143, eff. 7-27-15;
18		revised 10-15-15.)
19		(215 ILCS 5/460) (from Ch. 73, par. 1065.7)
20		Sec. 460. Competitive market; approval of rates Market,
21		Approval of Rates.
22		(a) Beginning January 1, 1983, a competitive market is
23		presumed to exist unless the Director, after a hearing,
24		determines that a reasonable degree of competition does not
25		exist in the market and the Director issues a ruling to that

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1		effect. For purposes of this Article only, market shall mean
2		the statewide workers' compensation and employers' liability
3		lines of business. In determining whether a reasonable degree
4		of competition exists, the Director shall consider relevant
5		tests of workable competition pertaining to market structure,
6		market performance and market conduct. Such tests may include,
7		but need not be limited to, the following: size and number of
8		firms actively engaged in the market, market shares and changes
9		in market shares of firms, ease of entry and exit from a given
10		market, underwriting restriction, and whether profitability
11		for companies generally in the market is unreasonably high. The
12		determination of competition involves the interaction of the
13		various tests and the weight given to specific tests depends
14		upon the particular situation and pattern of test results.
15		In determining whether or not a competitive market exists,
16		the Director shall monitor the degree of competition in this
17		State. In doing so, he shall utilize existing relevant
18		information, analytical systems and other sources; cause or
19		participate in the development of new relevant information,
20		analytical systems and other sources; or rely on some
21		combination thereof. Such activities may be conducted
22		internally within the Department of Insurance, in cooperation
23		with other state insurance departments, through outside
24		contractors, or in any other appropriate manner.
25		(b) If the Director finds that a reasonable degree of
26		competition does not exist in a market, he may require that the

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1		insurers in that market file supporting information in support
2		of existing rates. If the Director believes that such rates may
3		violate any of the requirements of this Article, he shall call
4		a hearing prior to any disapproval. If the Director determines
5		that a competitive market does not exist in the workers'
6		compensation market as provided in a ruling pursuant to this
7		Section, then every company must prefile every manual of
8		classifications, rules, rates, rating plans, rating schedules,
9		and every modification of the foregoing covered by such rule.
10		Such filing shall be made at least 30 days prior to its taking
11		effect, and such prefiling requirement shall remain in effect
12		as long as there is a ruling in effect pursuant to this Section
13		that a reasonable degree of competition does not exist.
14		(c) The Director shall disapprove a rate if he finds that
15		the rate is excessive, inadequate or unfairly discriminatory as
16		defined in Section 456. An insurer whose rates have been
17		disapproved shall be given a hearing upon a written request
18		made within 30 days after the disapproval order.
19		If the Director disapproves a rate, he shall issue an order
20		specifying in what respects it fails to meet the requirements
21		of this Article and stating when within a reasonable period
22		thereafter such rate shall be discontinued for any policy
23		issued or renewed after a date specified in the order. The
24		order shall be issued within 30 days after the close of the
25		hearing or within such reasonable time extension as the
26		Director may fix. Such order may include a provision for

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1		premium adjustment for the period after the effective date of
2		the order for policies in effect on such date.
3		(d) Whenever an insurer has no legally effective rates as a
4		result of the Director's disapproval of rates or other act, the
5		Director shall on request of the insurer specify interim rates
6		for the insurer that are high enough to protect the interest of
7		all parties and may order that a specified portion of the
8		premiums be placed in an escrow account approved by him. When
9		new rates become legally effective, the Director shall order
10		the escrowed funds or any overcharge in the interim rates to be
11		distributed appropriately, except that refunds to
12		policyholders that are de minimis minimus shall not be
13		required.
14		(Source: P.A. 82-939; revised 10-21-15.)
15		(215 ILCS 5/512.59) (from Ch. 73, par. 1065.59-59)
16		(Section scheduled to be repealed on January 1, 2017)
17		Sec. 512.59. Performance standards applicable to all
18		Public Insurance Adjusters.
19		(a) A Public Insurance Adjuster shall not represent that he
20		is a representative of an insurance company, a fire department,
21		or the State of Illinois, or that he is a fire investigator, or
22		that his services are required for the insured to submit a
23		claim to the insured's insurance company, or that he may
24		provide legal advice or representation to the insured. A Public
25		Insurance Adjuster may represent that he has been licensed by

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1		the State of Illinois.
2		(b) A Public Insurance Adjuster shall not agree to any loss
3		settlement without the insured's knowledge and consent and
4		shall provide the insured with a document setting forth the
5		scope, amount, and value of the damages prior to requesting the
6		insured for authority to settling any loss.
7		(c) If the Public Insurance Adjuster refers the insured to
8		a contractor, the Public Insurance Adjuster warrants that all
9		work will be performed in a workmanlike manner and conform to
10		all statutes, ordinances and codes. Should the work not be
11		completed in a workmanlike manner, the Public Insurance
12		Adjuster shall be responsible for any and all costs and expense
13		required to complete or repair the work in a workmanlike
14		manner.
15		(d) In all cases where the loss giving rise to the claim
16		for which the Public Insurance Adjuster was retained arise from
17		damage to a personal residence, the insurance proceeds shall be
18		delivered in person to the named insured or his or her
19		designee. Where proceeds paid by an insurance company are paid
20		jointly to the insured and the Public Insurance Adjuster, the
21		insured shall release such portion of the proceeds which are
22		due the Public Insurance Adjuster within 30 calendar days after
23		the insured's receipt of the insurance company's check, money
24		order, draft, or release of funds. If the proceeds are not so
25		released to the insured within 30 calendar days, the insured
26		shall provide the Public Insurance Adjuster with a written

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1		explanation of the reason for the delay.
2		(e) A Public Insurance Adjuster may not propose or attempt
3		to propose to any person that the Public Insurance Adjuster
4		represent that person while a loss-producing occurrence is
5		continuing nor while the fire department or its representatives
6		are engaged at the damaged premises nor between the hours of
7		7:00 p.m. and 8:00 a.m..
8		(f) A Public Insurance Adjuster shall not advance money or
9		any valuable consideration to an insured pending adjustment of
10		a claim.
11		(g) A Public Insurance Adjuster shall not provide legal
12		advice or representation to the insured, or engage in the
13		unauthorized practice of law.
14		(Source: P.A. 95-213, eff. 1-1-08; revised 10-21-15.)
15		(215 ILCS 5/902) (from Ch. 73, par. 1065.602)
16		Sec. 902. "Entire contract Contract" specified.) Each
17		group legal expense insurance policy shall provide that the
18		policy, the application of the employer, or executive officer
19		or trustee of any association, and the individual applications,
20		if any, of the employees, members or employees of members
21		insured shall constitute the entire contract between the
22		parties, and that all statements made by the employer, or the
23		executive officer or trustee, or by the individual employees,
24		members or employees of members shall, in the absence of fraud,
25		be deemed representations and not warranties warrantees, and

HB5540 Enrolled - 746 - LRB099 16003 AMC 40320 b
1		that no such statement shall be used in defense to a claim
2		under the policy, unless it is contained in a written
3		application.
4		(Source: P.A. 81-1361; revised 10-21-15.)
5		(215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
6		Sec. 1202. Duties. The Director shall:
7		(a) determine the relationship of insurance premiums
8		and related income as compared to insurance costs and
9		expenses and provide such information to the General
10		Assembly and the general public;
11		(b) study the insurance system in the State of
12		Illinois, and recommend to the General Assembly what it
13		deems to be the most appropriate and comprehensive cost
14		containment system for the State;
15		(c) respond to the requests by agencies of government
16		and the General Assembly for special studies and analysis
17		of data collected pursuant to this Article. Such reports
18		shall be made available in a form prescribed by the
19		Director. The Director may also determine a fee to be
20		charged to the requesting agency to cover the direct and
21		indirect costs for producing such a report, and shall
22		permit affected insurers the right to review the accuracy
23		of the report before it is released. The fees shall be
24		deposited into the Statistical Services Revolving Fund and
25		credited to the account of the Department of Insurance;

HB5540 Enrolled - 747 - LRB099 16003 AMC 40320 b
1		(d) make an interim report to the General Assembly no
2		later than August 15, 1987, and an a annual report to the
3		General Assembly no later than July 1 every year thereafter
4		which shall include the Director's findings and
5		recommendations regarding its duties as provided under
6		subsections (a), (b), and (c) of this Section.
7		(Source: P.A. 98-226, eff. 1-1-14; revised 10-21-15.)
8		Section 315. The Public Utilities Act is amended by
9		changing Sections 13-703 and 16-108.5 as follows:
10		(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
11		(Section scheduled to be repealed on July 1, 2017)
12		Sec. 13-703. (a) The Commission shall design and implement
13		a program whereby each telecommunications carrier providing
14		local exchange service shall provide a telecommunications
15		device capable of servicing the needs of those persons with a
16		hearing or speech disability together with a single party line,
17		at no charge additional to the basic exchange rate, to any
18		subscriber who is certified as having a hearing or speech
19		disability by a licensed physician, speech-language
20		pathologist, audiologist or a qualified State agency and to any
21		subscriber which is an organization serving the needs of those
22		persons with a hearing or speech disability as determined and
23		specified by the Commission pursuant to subsection (d).
24		(b) The Commission shall design and implement a program,

HB5540 Enrolled - 748 - LRB099 16003 AMC 40320 b
1		whereby each telecommunications carrier providing local
2		exchange service shall provide a telecommunications relay
3		system, using third party intervention to connect those persons
4		having a hearing or speech disability with persons of normal
5		hearing by way of intercommunications devices and the telephone
6		system, making available reasonable access to all phases of
7		public telephone service to persons who have a hearing or
8		speech disability. In order to design a telecommunications
9		relay system which will meet the requirements of those persons
10		with a hearing or speech disability available at a reasonable
11		cost, the Commission shall initiate an investigation and
12		conduct public hearings to determine the most cost-effective
13		method of providing telecommunications relay service to those
14		persons who have a hearing or speech disability when using
15		telecommunications devices and therein solicit the advice,
16		counsel, and physical assistance of Statewide nonprofit
17		consumer organizations that serve persons with hearing or
18		speech disabilities in such hearings and during the development
19		and implementation of the system. The Commission shall phase in
20		this program, on a geographical basis, as soon as is
21		practicable, but no later than June 30, 1990.
22		(c) The Commission shall establish a competitively neutral
23		rate recovery mechanism that establishes charges in an amount
24		to be determined by the Commission for each line of a
25		subscriber to allow telecommunications carriers providing
26		local exchange service to recover costs as they are incurred

HB5540 Enrolled - 749 - LRB099 16003 AMC 40320 b
1		under this Section. Beginning no later than April 1, 2016, and
2		on a yearly basis thereafter, the Commission shall initiate a
3		proceeding to establish the competitively neutral amount to be
4		charged or assessed to subscribers of telecommunications
5		carriers and wireless carriers, Interconnected VoIP service
6		providers, and consumers of prepaid wireless
7		telecommunications service in a manner consistent with this
8		subsection (c) and subsection (f) of this Section. The
9		Commission shall issue its order establishing the
10		competitively neutral amount to be charged or assessed to
11		subscribers of telecommunications carriers and wireless
12		carriers, Interconnected VoIP service providers, and
13		purchasers of prepaid wireless telecommunications service on
14		or prior to June 1 of each year, and such amount shall take
15		effect June 1 of each year.
16		Telecommunications carriers, wireless carriers,
17		Interconnected VoIP service providers, and sellers of prepaid
18		wireless telecommunications service shall have 60 days from the
19		date the Commission files its order to implement the new rate
20		established by the order.
21		(d) The Commission shall determine and specify those
22		organizations serving the needs of those persons having a
23		hearing or speech disability that shall receive a
24		telecommunications device and in which offices the equipment
25		shall be installed in the case of an organization having more
26		than one office. For the purposes of this Section,

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1		"organizations serving the needs of those persons with hearing
2		or speech disabilities" means centers for independent living as
3		described in Section 12a of the Rehabilitation of Persons with
4		Disabilities Act and not-for-profit organizations whose
5		primary purpose is serving the needs of those persons with
6		hearing or speech disabilities. The Commission shall direct the
7		telecommunications carriers subject to its jurisdiction and
8		this Section to comply with its determinations and
9		specifications in this regard.
10		(e) As used in this Section:
11		"Prepaid wireless telecommunications service" has the
12		meaning given to that term under Section 10 of the Prepaid
13		Wireless 9-1-1 Surcharge Act.
14		"Retail transaction" has the meaning given to that term
15		under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
16		"Seller" has the meaning given to that term under Section
17		10 of the Prepaid Wireless 9-1-1 Surcharge Act.
18		"Telecommunications carrier providing local exchange
19		service" includes, without otherwise limiting the meaning of
20		the term, telecommunications carriers which are purely mutual
21		concerns, having no rates or charges for services, but paying
22		the operating expenses by assessment upon the members of such a
23		company and no other person.
24		"Wireless carrier" has the meaning given to that term under
25		Section 10 of the Wireless Emergency Telephone Safety Act.
26		(f) Interconnected VoIP service providers, sellers of

HB5540 Enrolled - 751 - LRB099 16003 AMC 40320 b
1		prepaid wireless telecommunications service, and wireless
2		carriers in Illinois shall collect and remit assessments
3		determined in accordance with this Section in a competitively
4		neutral manner in the same manner as a telecommunications
5		carrier providing local exchange service. However, the
6		assessment imposed on consumers of prepaid wireless
7		telecommunications service shall be collected by the seller
8		from the consumer and imposed per retail transaction as a
9		percentage of that retail transaction on all retail
10		transactions occurring in this State. The assessment on
11		subscribers of wireless carriers and consumers of prepaid
12		wireless telecommunications service shall not be imposed or
13		collected prior to June 1, 2016.
14		Sellers of prepaid wireless telecommunications service
15		shall remit the assessments to the Department of Revenue on the
16		same form and in the same manner which they remit the fee
17		collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
18		the purposes of display on the consumers' receipts, the rates
19		of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
20		Act and the assessment under this Section may be combined. In
21		administration and enforcement of this Section, the provisions
22		of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
23		Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
24		Section 15 and subsections (c) and (e) of Section 20 of the
25		Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015
26		(the effective date of Public Act 99-6) this amendatory Act of

HB5540 Enrolled - 752 - LRB099 16003 AMC 40320 b
1		the 99th General Assembly, the seller shall be permitted to
2		deduct and retain 3% of the assessments that are collected by
3		the seller from consumers and that are remitted and timely
4		filed with the Department) that are not inconsistent with this
5		Section, shall apply, as far as practicable, to the subject
6		matter of this Section to the same extent as if those
7		provisions were included in this Section. The Department shall
8		deposit all assessments and penalties collected under this
9		Section into the Illinois Telecommunications Access
10		Corporation Fund, a special fund created in the State treasury.
11		On or before the 25th day of each calendar month, the
12		Department shall prepare and certify to the Comptroller the
13		amount available to the Commission for distribution out of the
14		Illinois Telecommunications Access Corporation Fund. The
15		amount certified shall be the amount (not including credit
16		memoranda) collected during the second preceding calendar
17		month by the Department, plus an amount the Department
18		determines is necessary to offset any amounts which were
19		erroneously paid to a different taxing body or fund. The amount
20		paid to the Illinois Telecommunications Access Corporation
21		Fund shall not include any amount equal to the amount of
22		refunds made during the second preceding calendar month by the
23		Department to retailers under this Section or any amount that
24		the Department determines is necessary to offset any amounts
25		which were payable to a different taxing body or fund but were
26		erroneously paid to the Illinois Telecommunications Access

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1		Corporation Fund. The Commission shall distribute all the funds
2		to the Illinois Telecommunications Access Corporation and the
3		funds may only be used in accordance with the provisions of
4		this Section. The Department shall deduct 2% of all amounts
5		deposited in the Illinois Telecommunications Access
6		Corporation Fund during every year of remitted assessments. Of
7		the 2% deducted by the Department, one-half shall be
8		transferred into the Tax Compliance and Administration Fund to
9		reimburse the Department for its direct costs of administering
10		the collection and remittance of the assessment. The remaining
11		one-half shall be transferred into the Public Utilities Fund to
12		reimburse the Commission for its costs of distributing to the
13		Illinois Telecommunications Access Corporation the amount
14		certified by the Department for distribution. The amount to be
15		charged or assessed under subsections (c) and (f) is not
16		imposed on a provider or the consumer for wireless Lifeline
17		service where the consumer does not pay the provider for the
18		service. Where the consumer purchases from the provider
19		optional minutes, texts, or other services in addition to the
20		federally funded Lifeline benefit, a consumer must pay the
21		charge or assessment, and it must be collected by the seller
22		according to subsection (f).
23		Interconnected VoIP services shall not be considered an
24		intrastate telecommunications service for the purposes of this
25		Section in a manner inconsistent with federal law or Federal
26		Communications Commission regulation.

HB5540 Enrolled - 754 - LRB099 16003 AMC 40320 b
1		(g) The provisions of this Section are severable under
2		Section 1.31 of the Statute on Statutes.
3		(h) The Commission may adopt rules necessary to implement
4		this Section.
5		(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; revised
6		10-21-15.)
7		(220 ILCS 5/16-108.5)
8		Sec. 16-108.5. Infrastructure investment and
9		modernization; regulatory reform.
10		(a) (Blank).
11		(b) For purposes of this Section, "participating utility"
12		means an electric utility or a combination utility serving more
13		than 1,000,000 customers in Illinois that voluntarily elects
14		and commits to undertake (i) the infrastructure investment
15		program consisting of the commitments and obligations
16		described in this subsection (b) and (ii) the customer
17		assistance program consisting of the commitments and
18		obligations described in subsection (b-10) of this Section,
19		notwithstanding any other provisions of this Act and without
20		obtaining any approvals from the Commission or any other agency
21		other than as set forth in this Section, regardless of whether
22		any such approval would otherwise be required. "Combination
23		utility" means a utility that, as of January 1, 2011, provided
24		electric service to at least one million retail customers in
25		Illinois and gas service to at least 500,000 retail customers

HB5540 Enrolled - 755 - LRB099 16003 AMC 40320 b
1		in Illinois. A participating utility shall recover the
2		expenditures made under the infrastructure investment program
3		through the ratemaking process, including, but not limited to,
4		the performance-based formula rate and process set forth in
5		this Section.
6		During the infrastructure investment program's peak
7		program year, a participating utility other than a combination
8		utility shall create 2,000 full-time equivalent jobs in
9		Illinois, and a participating utility that is a combination
10		utility shall create 450 full-time equivalent jobs in Illinois
11		related to the provision of electric service. These jobs shall
12		include direct jobs, contractor positions, and induced jobs,
13		but shall not include any portion of a job commitment, not
14		specifically contingent on an amendatory Act of the 97th
15		General Assembly becoming law, between a participating utility
16		and a labor union that existed on December 30, 2011 (the
17		effective date of Public Act 97-646) this amendatory Act of the
18		97th General Assembly and that has not yet been fulfilled. A
19		portion of the full-time equivalent jobs created by each
20		participating utility shall include incremental personnel
21		hired subsequent to December 30, 2011 (the effective date of
22		Public Act 97-646) this amendatory Act of the 97th General
23		Assembly. For purposes of this Section, "peak program year"
24		means the consecutive 12-month period with the highest number
25		of full-time equivalent jobs that occurs between the beginning
26		of investment year 2 and the end of investment year 4.

HB5540 Enrolled - 756 - LRB099 16003 AMC 40320 b
1		A participating utility shall meet one of the following
2		commitments, as applicable:
3		(1) Beginning no later than 180 days after a
4		participating utility other than a combination utility
5		files a performance-based formula rate tariff pursuant to
6		subsection (c) of this Section, or, beginning no later than
7		January 1, 2012 if such utility files such
8		performance-based formula rate tariff within 14 days of
9		October 26, 2011 (the effective date of Public Act 97-616)
10		this amendatory Act of the 97th General Assembly, the
11		participating utility shall, except as provided in
12		subsection (b-5):
13		(A) over a 5-year period, invest an estimated
14		$1,300,000,000 in electric system upgrades,
15		modernization projects, and training facilities,
16		including, but not limited to:
17		(i) distribution infrastructure improvements
18		totaling an estimated $1,000,000,000, including
19		underground residential distribution cable
20		injection and replacement and mainline cable
21		system refurbishment and replacement projects;
22		(ii) training facility construction or upgrade
23		projects totaling an estimated $10,000,000,
24		provided that, at a minimum, one such facility
25		shall be located in a municipality having a
26		population of more than 2 million residents and one

HB5540 Enrolled - 757 - LRB099 16003 AMC 40320 b
1		such facility shall be located in a municipality
2		having a population of more than 150,000 residents
3		but fewer than 170,000 residents; any such new
4		facility located in a municipality having a
5		population of more than 2 million residents must be
6		designed for the purpose of obtaining, and the
7		owner of the facility shall apply for,
8		certification under the United States Green
9		Building Council's Leadership in Energy Efficiency
10		Design Green Building Rating System;
11		(iii) wood pole inspection, treatment, and
12		replacement programs;
13		(iv) an estimated $200,000,000 for reducing
14		the susceptibility of certain circuits to
15		storm-related damage, including, but not limited
16		to, high winds, thunderstorms, and ice storms;
17		improvements may include, but are not limited to,
18		overhead to underground conversion and other
19		engineered outcomes for circuits; the
20		participating utility shall prioritize the
21		selection of circuits based on each circuit's
22		historical susceptibility to storm-related damage
23		and the ability to provide the greatest customer
24		benefit upon completion of the improvements; to be
25		eligible for improvement, the participating
26		utility's ability to maintain proper tree

HB5540 Enrolled - 758 - LRB099 16003 AMC 40320 b
1		clearances surrounding the overhead circuit must
2		not have been impeded by third parties; and
3		(B) over a 10-year period, invest an estimated
4		$1,300,000,000 to upgrade and modernize its
5		transmission and distribution infrastructure and in
6		Smart Grid electric system upgrades, including, but
7		not limited to:
8		(i) additional smart meters;
9		(ii) distribution automation;
10		(iii) associated cyber secure data
11		communication network; and
12		(iv) substation micro-processor relay
13		upgrades.
14		(2) Beginning no later than 180 days after a
15		participating utility that is a combination utility files a
16		performance-based formula rate tariff pursuant to
17		subsection (c) of this Section, or, beginning no later than
18		January 1, 2012 if such utility files such
19		performance-based formula rate tariff within 14 days of
20		October 26, 2011 (the effective date of Public Act 97-616)
21		this amendatory Act of the 97th General Assembly, the
22		participating utility shall, except as provided in
23		subsection (b-5):
24		(A) over a 10-year period, invest an estimated
25		$265,000,000 in electric system upgrades,
26		modernization projects, and training facilities,

HB5540 Enrolled - 759 - LRB099 16003 AMC 40320 b
1		including, but not limited to:
2		(i) distribution infrastructure improvements
3		totaling an estimated $245,000,000, which may
4		include bulk supply substations, transformers,
5		reconductoring, and rebuilding overhead
6		distribution and sub-transmission lines,
7		underground residential distribution cable
8		injection and replacement and mainline cable
9		system refurbishment and replacement projects;
10		(ii) training facility construction or upgrade
11		projects totaling an estimated $1,000,000; any
12		such new facility must be designed for the purpose
13		of obtaining, and the owner of the facility shall
14		apply for, certification under the United States
15		Green Building Council's Leadership in Energy
16		Efficiency Design Green Building Rating System;
17		and
18		(iii) wood pole inspection, treatment, and
19		replacement programs; and
20		(B) over a 10-year period, invest an estimated
21		$360,000,000 to upgrade and modernize its transmission
22		and distribution infrastructure and in Smart Grid
23		electric system upgrades, including, but not limited
24		to:
25		(i) additional smart meters;
26		(ii) distribution automation;

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1		(iii) associated cyber secure data
2		communication network; and
3		(iv) substation micro-processor relay
4		upgrades.
5		For purposes of this Section, "Smart Grid electric system
6		upgrades" shall have the meaning set forth in subsection (a) of
7		Section 16-108.6 of this Act.
8		The investments in the infrastructure investment program
9		described in this subsection (b) shall be incremental to the
10		participating utility's annual capital investment program, as
11		defined by, for purposes of this subsection (b), the
12		participating utility's average capital spend for calendar
13		years 2008, 2009, and 2010 as reported in the applicable
14		Federal Energy Regulatory Commission (FERC) Form 1; provided
15		that where one or more utilities have merged, the average
16		capital spend shall be determined using the aggregate of the
17		merged utilities' capital spend reported in FERC Form 1 for the
18		years 2008, 2009, and 2010. A participating utility may add
19		reasonable construction ramp-up and ramp-down time to the
20		investment periods specified in this subsection (b). For each
21		such investment period, the ramp-up and ramp-down time shall
22		not exceed a total of 6 months.
23		Within 60 days after filing a tariff under subsection (c)
24		of this Section, a participating utility shall submit to the
25		Commission its plan, including scope, schedule, and staffing,
26		for satisfying its infrastructure investment program

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1		commitments pursuant to this subsection (b). The submitted plan
2		shall include a schedule and staffing plan for the next
3		calendar year. The plan shall also include a plan for the
4		creation, operation, and administration of a Smart Grid test
5		bed as described in subsection (c) of Section 16-108.8. The
6		plan need not allocate the work equally over the respective
7		periods, but should allocate material increments throughout
8		such periods commensurate with the work to be undertaken. No
9		later than April 1 of each subsequent year, the utility shall
10		submit to the Commission a report that includes any updates to
11		the plan, a schedule for the next calendar year, the
12		expenditures made for the prior calendar year and cumulatively,
13		and the number of full-time equivalent jobs created for the
14		prior calendar year and cumulatively. If the utility is
15		materially deficient in satisfying a schedule or staffing plan,
16		then the report must also include a corrective action plan to
17		address the deficiency. The fact that the plan, implementation
18		of the plan, or a schedule changes shall not imply the
19		imprudence or unreasonableness of the infrastructure
20		investment program, plan, or schedule. Further, no later than
21		45 days following the last day of the first, second, and third
22		quarters of each year of the plan, a participating utility
23		shall submit to the Commission a verified quarterly report for
24		the prior quarter that includes (i) the total number of
25		full-time equivalent jobs created during the prior quarter,
26		(ii) the total number of employees as of the last day of the

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1		prior quarter, (iii) the total number of full-time equivalent
2		hours in each job classification or job title, (iv) the total
3		number of incremental employees and contractors in support of
4		the investments undertaken pursuant to this subsection (b) for
5		the prior quarter, and (v) any other information that the
6		Commission may require by rule.
7		With respect to the participating utility's peak job
8		commitment, if, after considering the utility's corrective
9		action plan and compliance thereunder, the Commission enters an
10		order finding, after notice and hearing, that a participating
11		utility did not satisfy its peak job commitment described in
12		this subsection (b) for reasons that are reasonably within its
13		control, then the Commission shall also determine, after
14		consideration of the evidence, including, but not limited to,
15		evidence submitted by the Department of Commerce and Economic
16		Opportunity and the utility, the deficiency in the number of
17		full-time equivalent jobs during the peak program year due to
18		such failure. The Commission shall notify the Department of any
19		proceeding that is initiated pursuant to this paragraph. For
20		each full-time equivalent job deficiency during the peak
21		program year that the Commission finds as set forth in this
22		paragraph, the participating utility shall, within 30 days
23		after the entry of the Commission's order, pay $6,000 to a fund
24		for training grants administered under Section 605-800 of the
25		The Department of Commerce and Economic Opportunity Law, which
26		shall not be a recoverable expense.

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1		With respect to the participating utility's investment
2		amount commitments, if, after considering the utility's
3		corrective action plan and compliance thereunder, the
4		Commission enters an order finding, after notice and hearing,
5		that a participating utility is not satisfying its investment
6		amount commitments described in this subsection (b), then the
7		utility shall no longer be eligible to annually update the
8		performance-based formula rate tariff pursuant to subsection
9		(d) of this Section. In such event, the then current rates
10		shall remain in effect until such time as new rates are set
11		pursuant to Article IX of this Act, subject to retroactive
12		adjustment, with interest, to reconcile rates charged with
13		actual costs.
14		If the Commission finds that a participating utility is no
15		longer eligible to update the performance-based formula rate
16		tariff pursuant to subsection (d) of this Section, or the
17		performance-based formula rate is otherwise terminated, then
18		the participating utility's voluntary commitments and
19		obligations under this subsection (b) shall immediately
20		terminate, except for the utility's obligation to pay an amount
21		already owed to the fund for training grants pursuant to a
22		Commission order.
23		In meeting the obligations of this subsection (b), to the
24		extent feasible and consistent with State and federal law, the
25		investments under the infrastructure investment program should
26		provide employment opportunities for all segments of the

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1		population and workforce, including minority-owned and
2		female-owned business enterprises, and shall not, consistent
3		with State and federal law, discriminate based on race or
4		socioeconomic status.
5		(b-5) Nothing in this Section shall prohibit the Commission
6		from investigating the prudence and reasonableness of the
7		expenditures made under the infrastructure investment program
8		during the annual review required by subsection (d) of this
9		Section and shall, as part of such investigation, determine
10		whether the utility's actual costs under the program are
11		prudent and reasonable. The fact that a participating utility
12		invests more than the minimum amounts specified in subsection
13		(b) of this Section or its plan shall not imply imprudence or
14		unreasonableness.
15		If the participating utility finds that it is implementing
16		its plan for satisfying the infrastructure investment program
17		commitments described in subsection (b) of this Section at a
18		cost below the estimated amounts specified in subsection (b) of
19		this Section, then the utility may file a petition with the
20		Commission requesting that it be permitted to satisfy its
21		commitments by spending less than the estimated amounts
22		specified in subsection (b) of this Section. The Commission
23		shall, after notice and hearing, enter its order approving, or
24		approving as modified, or denying each such petition within 150
25		days after the filing of the petition.
26		In no event, absent General Assembly approval, shall the

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1		capital investment costs incurred by a participating utility
2		other than a combination utility in satisfying its
3		infrastructure investment program commitments described in
4		subsection (b) of this Section exceed $3,000,000,000 or, for a
5		participating utility that is a combination utility,
6		$720,000,000. If the participating utility's updated cost
7		estimates for satisfying its infrastructure investment program
8		commitments described in subsection (b) of this Section exceed
9		the limitation imposed by this subsection (b-5), then it shall
10		submit a report to the Commission that identifies the increased
11		costs and explains the reason or reasons for the increased
12		costs no later than the year in which the utility estimates it
13		will exceed the limitation. The Commission shall review the
14		report and shall, within 90 days after the participating
15		utility files the report, report to the General Assembly its
16		findings regarding the participating utility's report. If the
17		General Assembly does not amend the limitation imposed by this
18		subsection (b-5), then the utility may modify its plan so as
19		not to exceed the limitation imposed by this subsection (b-5)
20		and may propose corresponding changes to the metrics
21		established pursuant to subparagraphs (5) through (8) of
22		subsection (f) of this Section, and the Commission may modify
23		the metrics and incremental savings goals established pursuant
24		to subsection (f) of this Section accordingly.
25		(b-10) All participating utilities shall make
26		contributions for an energy low-income and support program in

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1		accordance with this subsection. Beginning no later than 180
2		days after a participating utility files a performance-based
3		formula rate tariff pursuant to subsection (c) of this Section,
4		or beginning no later than January 1, 2012 if such utility
5		files such performance-based formula rate tariff within 14 days
6		of December 30, 2011 (the effective date of Public Act 97-646)
7		this amendatory Act of the 97th General Assembly, and without
8		obtaining any approvals from the Commission or any other agency
9		other than as set forth in this Section, regardless of whether
10		any such approval would otherwise be required, a participating
11		utility other than a combination utility shall pay $10,000,000
12		per year for 5 years and a participating utility that is a
13		combination utility shall pay $1,000,000 per year for 10 years
14		to the energy low-income and support program, which is intended
15		to fund customer assistance programs with the primary purpose
16		being avoidance of imminent disconnection. Such programs may
17		include:
18		(1) a residential hardship program that may partner
19		with community-based organizations, including senior
20		citizen organizations, and provides grants to low-income
21		residential customers, including low-income senior
22		citizens, who demonstrate a hardship;
23		(2) a program that provides grants and other bill
24		payment concessions to veterans with disabilities who
25		demonstrate a hardship and members of the armed services or
26		reserve forces of the United States or members of the

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1		Illinois National Guard who are on active duty pursuant to
2		an executive order of the President of the United States,
3		an act of the Congress of the United States, or an order of
4		the Governor and who demonstrate a hardship;
5		(3) a budget assistance program that provides tools and
6		education to low-income senior citizens to assist them with
7		obtaining information regarding energy usage and effective
8		means of managing energy costs;
9		(4) a non-residential special hardship program that
10		provides grants to non-residential customers such as small
11		businesses and non-profit organizations that demonstrate a
12		hardship, including those providing services to senior
13		citizen and low-income customers; and
14		(5) a performance-based assistance program that
15		provides grants to encourage residential customers to make
16		on-time payments by matching a portion of the customer's
17		payments or providing credits towards arrearages.
18		The payments made by a participating utility pursuant to
19		this subsection (b-10) shall not be a recoverable expense. A
20		participating utility may elect to fund either new or existing
21		customer assistance programs, including, but not limited to,
22		those that are administered by the utility.
23		Programs that use funds that are provided by a
24		participating utility to reduce utility bills may be
25		implemented through tariffs that are filed with and reviewed by
26		the Commission. If a utility elects to file tariffs with the

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1		Commission to implement all or a portion of the programs, those
2		tariffs shall, regardless of the date actually filed, be deemed
3		accepted and approved, and shall become effective on December
4		30, 2011 (the effective date of Public Act 97-646) this
5		amendatory Act of the 97th General Assembly. The participating
6		utilities whose customers benefit from the funds that are
7		disbursed as contemplated in this Section shall file annual
8		reports documenting the disbursement of those funds with the
9		Commission. The Commission has the authority to audit
10		disbursement of the funds to ensure they were disbursed
11		consistently with this Section.
12		If the Commission finds that a participating utility is no
13		longer eligible to update the performance-based formula rate
14		tariff pursuant to subsection (d) of this Section, or the
15		performance-based formula rate is otherwise terminated, then
16		the participating utility's voluntary commitments and
17		obligations under this subsection (b-10) shall immediately
18		terminate.
19		(c) A participating utility may elect to recover its
20		delivery services costs through a performance-based formula
21		rate approved by the Commission, which shall specify the cost
22		components that form the basis of the rate charged to customers
23		with sufficient specificity to operate in a standardized manner
24		and be updated annually with transparent information that
25		reflects the utility's actual costs to be recovered during the
26		applicable rate year, which is the period beginning with the

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1		first billing day of January and extending through the last
2		billing day of the following December. In the event the utility
3		recovers a portion of its costs through automatic adjustment
4		clause tariffs on October 26, 2011 (the effective date of
5		Public Act 97-616) this amendatory Act of the 97th General
6		Assembly, the utility may elect to continue to recover these
7		costs through such tariffs, but then these costs shall not be
8		recovered through the performance-based formula rate. In the
9		event the participating utility, prior to December 30, 2011
10		(the effective date of Public Act 97-646) this amendatory Act
11		of the 97th General Assembly, filed electric delivery services
12		tariffs with the Commission pursuant to Section 9-201 of this
13		Act that are related to the recovery of its electric delivery
14		services costs that are still pending on December 30, 2011 (the
15		effective date of Public Act 97-646) this amendatory Act of the
16		97th General Assembly, the participating utility shall, at the
17		time it files its performance-based formula rate tariff with
18		the Commission, also file a notice of withdrawal with the
19		Commission to withdraw the electric delivery services tariffs
20		previously filed pursuant to Section 9-201 of this Act. Upon
21		receipt of such notice, the Commission shall dismiss with
22		prejudice any docket that had been initiated to investigate the
23		electric delivery services tariffs filed pursuant to Section
24		9-201 of this Act, and such tariffs and the record related
25		thereto shall not be the subject of any further hearing,
26		investigation, or proceeding of any kind related to rates for

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1		electric delivery services.
2		The performance-based formula rate shall be implemented
3		through a tariff filed with the Commission consistent with the
4		provisions of this subsection (c) that shall be applicable to
5		all delivery services customers. The Commission shall initiate
6		and conduct an investigation of the tariff in a manner
7		consistent with the provisions of this subsection (c) and the
8		provisions of Article IX of this Act to the extent they do not
9		conflict with this subsection (c). Except in the case where the
10		Commission finds, after notice and hearing, that a
11		participating utility is not satisfying its investment amount
12		commitments under subsection (b) of this Section, the
13		performance-based formula rate shall remain in effect at the
14		discretion of the utility. The performance-based formula rate
15		approved by the Commission shall do the following:
16		(1) Provide for the recovery of the utility's actual
17		costs of delivery services that are prudently incurred and
18		reasonable in amount consistent with Commission practice
19		and law. The sole fact that a cost differs from that
20		incurred in a prior calendar year or that an investment is
21		different from that made in a prior calendar year shall not
22		imply the imprudence or unreasonableness of that cost or
23		investment.
24		(2) Reflect the utility's actual year-end capital
25		structure for the applicable calendar year, excluding
26		goodwill, subject to a determination of prudence and

HB5540 Enrolled - 771 - LRB099 16003 AMC 40320 b
1		reasonableness consistent with Commission practice and
2		law.
3		(3) Include a cost of equity, which shall be calculated
4		as the sum of the following:
5		(A) the average for the applicable calendar year of
6		the monthly average yields of 30-year U.S. Treasury
7		bonds published by the Board of Governors of the
8		Federal Reserve System in its weekly H.15 Statistical
9		Release or successor publication; and
10		(B) 580 basis points.
11		At such time as the Board of Governors of the Federal
12		Reserve System ceases to include the monthly average yields
13		of 30-year U.S. Treasury bonds in its weekly H.15
14		Statistical Release or successor publication, the monthly
15		average yields of the U.S. Treasury bonds then having the
16		longest duration published by the Board of Governors in its
17		weekly H.15 Statistical Release or successor publication
18		shall instead be used for purposes of this paragraph (3).
19		(4) Permit and set forth protocols, subject to a
20		determination of prudence and reasonableness consistent
21		with Commission practice and law, for the following:
22		(A) recovery of incentive compensation expense
23		that is based on the achievement of operational
24		metrics, including metrics related to budget controls,
25		outage duration and frequency, safety, customer
26		service, efficiency and productivity, and

HB5540 Enrolled - 772 - LRB099 16003 AMC 40320 b
1		environmental compliance. Incentive compensation
2		expense that is based on net income or an affiliate's
3		earnings per share shall not be recoverable under the
4		performance-based formula rate;
5		(B) recovery of pension and other post-employment
6		benefits expense, provided that such costs are
7		supported by an actuarial study;
8		(C) recovery of severance costs, provided that if
9		the amount is over $3,700,000 for a participating
10		utility that is a combination utility or $10,000,000
11		for a participating utility that serves more than 3
12		million retail customers, then the full amount shall be
13		amortized consistent with subparagraph (F) of this
14		paragraph (4);
15		(D) investment return at a rate equal to the
16		utility's weighted average cost of long-term debt, on
17		the pension assets as, and in the amount, reported in
18		Account 186 (or in such other Account or Accounts as
19		such asset may subsequently be recorded) of the
20		utility's most recently filed FERC Form 1, net of
21		deferred tax benefits;
22		(E) recovery of the expenses related to the
23		Commission proceeding under this subsection (c) to
24		approve this performance-based formula rate and
25		initial rates or to subsequent proceedings related to
26		the formula, provided that the recovery shall be

HB5540 Enrolled - 773 - LRB099 16003 AMC 40320 b
1		amortized over a 3-year period; recovery of expenses
2		related to the annual Commission proceedings under
3		subsection (d) of this Section to review the inputs to
4		the performance-based formula rate shall be expensed
5		and recovered through the performance-based formula
6		rate;
7		(F) amortization over a 5-year period of the full
8		amount of each charge or credit that exceeds $3,700,000
9		for a participating utility that is a combination
10		utility or $10,000,000 for a participating utility
11		that serves more than 3 million retail customers in the
12		applicable calendar year and that relates to a
13		workforce reduction program's severance costs, changes
14		in accounting rules, changes in law, compliance with
15		any Commission-initiated audit, or a single storm or
16		other similar expense, provided that any unamortized
17		balance shall be reflected in rate base. For purposes
18		of this subparagraph (F), changes in law includes any
19		enactment, repeal, or amendment in a law, ordinance,
20		rule, regulation, interpretation, permit, license,
21		consent, or order, including those relating to taxes,
22		accounting, or to environmental matters, or in the
23		interpretation or application thereof by any
24		governmental authority occurring after October 26,
25		2011 (the effective date of Public Act 97-616) this
26		amendatory Act of the 97th General Assembly;

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1		(G) recovery of existing regulatory assets over
2		the periods previously authorized by the Commission;
3		(H) historical weather normalized billing
4		determinants; and
5		(I) allocation methods for common costs.
6		(5) Provide that if the participating utility's earned
7		rate of return on common equity related to the provision of
8		delivery services for the prior rate year (calculated using
9		costs and capital structure approved by the Commission as
10		provided in subparagraph (2) of this subsection (c),
11		consistent with this Section, in accordance with
12		Commission rules and orders, including, but not limited to,
13		adjustments for goodwill, and after any Commission-ordered
14		disallowances and taxes) is more than 50 basis points
15		higher than the rate of return on common equity calculated
16		pursuant to paragraph (3) of this subsection (c) (after
17		adjusting for any penalties to the rate of return on common
18		equity applied pursuant to the performance metrics
19		provision of subsection (f) of this Section), then the
20		participating utility shall apply a credit through the
21		performance-based formula rate that reflects an amount
22		equal to the value of that portion of the earned rate of
23		return on common equity that is more than 50 basis points
24		higher than the rate of return on common equity calculated
25		pursuant to paragraph (3) of this subsection (c) (after
26		adjusting for any penalties to the rate of return on common

HB5540 Enrolled - 775 - LRB099 16003 AMC 40320 b
1		equity applied pursuant to the performance metrics
2		provision of subsection (f) of this Section) for the prior
3		rate year, adjusted for taxes. If the participating
4		utility's earned rate of return on common equity related to
5		the provision of delivery services for the prior rate year
6		(calculated using costs and capital structure approved by
7		the Commission as provided in subparagraph (2) of this
8		subsection (c), consistent with this Section, in
9		accordance with Commission rules and orders, including,
10		but not limited to, adjustments for goodwill, and after any
11		Commission-ordered disallowances and taxes) is more than
12		50 basis points less than the return on common equity
13		calculated pursuant to paragraph (3) of this subsection (c)
14		(after adjusting for any penalties to the rate of return on
15		common equity applied pursuant to the performance metrics
16		provision of subsection (f) of this Section), then the
17		participating utility shall apply a charge through the
18		performance-based formula rate that reflects an amount
19		equal to the value of that portion of the earned rate of
20		return on common equity that is more than 50 basis points
21		less than the rate of return on common equity calculated
22		pursuant to paragraph (3) of this subsection (c) (after
23		adjusting for any penalties to the rate of return on common
24		equity applied pursuant to the performance metrics
25		provision of subsection (f) of this Section) for the prior
26		rate year, adjusted for taxes.

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1		(6) Provide for an annual reconciliation, as described
2		in subsection (d) of this Section, with interest, of the
3		revenue requirement reflected in rates for each calendar
4		year, beginning with the calendar year in which the utility
5		files its performance-based formula rate tariff pursuant
6		to subsection (c) of this Section, with what the revenue
7		requirement would have been had the actual cost information
8		for the applicable calendar year been available at the
9		filing date.
10		The utility shall file, together with its tariff, final
11		data based on its most recently filed FERC Form 1, plus
12		projected plant additions and correspondingly updated
13		depreciation reserve and expense for the calendar year in which
14		the tariff and data are filed, that shall populate the
15		performance-based formula rate and set the initial delivery
16		services rates under the formula. For purposes of this Section,
17		"FERC Form 1" means the Annual Report of Major Electric
18		Utilities, Licensees and Others that electric utilities are
19		required to file with the Federal Energy Regulatory Commission
20		under the Federal Power Act, Sections 3, 4(a), 304 and 209,
21		modified as necessary to be consistent with 83 Ill. Admin. Code
22		Part 415 as of May 1, 2011. Nothing in this Section is intended
23		to allow costs that are not otherwise recoverable to be
24		recoverable by virtue of inclusion in FERC Form 1.
25		After the utility files its proposed performance-based
26		formula rate structure and protocols and initial rates, the

HB5540 Enrolled - 777 - LRB099 16003 AMC 40320 b
1		Commission shall initiate a docket to review the filing. The
2		Commission shall enter an order approving, or approving as
3		modified, the performance-based formula rate, including the
4		initial rates, as just and reasonable within 270 days after the
5		date on which the tariff was filed, or, if the tariff is filed
6		within 14 days after October 26, 2011 (the effective date of
7		Public Act 97-616) this amendatory Act of the 97th General
8		Assembly, then by May 31, 2012. Such review shall be based on
9		the same evidentiary standards, including, but not limited to,
10		those concerning the prudence and reasonableness of the costs
11		incurred by the utility, the Commission applies in a hearing to
12		review a filing for a general increase in rates under Article
13		IX of this Act. The initial rates shall take effect within 30
14		days after the Commission's order approving the
15		performance-based formula rate tariff.
16		Until such time as the Commission approves a different rate
17		design and cost allocation pursuant to subsection (e) of this
18		Section, rate design and cost allocation across customer
19		classes shall be consistent with the Commission's most recent
20		order regarding the participating utility's request for a
21		general increase in its delivery services rates.
22		Subsequent changes to the performance-based formula rate
23		structure or protocols shall be made as set forth in Section
24		9-201 of this Act, but nothing in this subsection (c) is
25		intended to limit the Commission's authority under Article IX
26		and other provisions of this Act to initiate an investigation

HB5540 Enrolled - 778 - LRB099 16003 AMC 40320 b
1		of a participating utility's performance-based formula rate
2		tariff, provided that any such changes shall be consistent with
3		paragraphs (1) through (6) of this subsection (c). Any change
4		ordered by the Commission shall be made at the same time new
5		rates take effect following the Commission's next order
6		pursuant to subsection (d) of this Section, provided that the
7		new rates take effect no less than 30 days after the date on
8		which the Commission issues an order adopting the change.
9		A participating utility that files a tariff pursuant to
10		this subsection (c) must submit a one-time $200,000 filing fee
11		at the time the Chief Clerk of the Commission accepts the
12		filing, which shall be a recoverable expense.
13		In the event the performance-based formula rate is
14		terminated, the then current rates shall remain in effect until
15		such time as new rates are set pursuant to Article IX of this
16		Act, subject to retroactive rate adjustment, with interest, to
17		reconcile rates charged with actual costs. At such time that
18		the performance-based formula rate is terminated, the
19		participating utility's voluntary commitments and obligations
20		under subsection (b) of this Section shall immediately
21		terminate, except for the utility's obligation to pay an amount
22		already owed to the fund for training grants pursuant to a
23		Commission order issued under subsection (b) of this Section.
24		(d) Subsequent to the Commission's issuance of an order
25		approving the utility's performance-based formula rate
26		structure and protocols, and initial rates under subsection (c)

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1		of this Section, the utility shall file, on or before May 1 of
2		each year, with the Chief Clerk of the Commission its updated
3		cost inputs to the performance-based formula rate for the
4		applicable rate year and the corresponding new charges. Each
5		such filing shall conform to the following requirements and
6		include the following information:
7		(1) The inputs to the performance-based formula rate
8		for the applicable rate year shall be based on final
9		historical data reflected in the utility's most recently
10		filed annual FERC Form 1 plus projected plant additions and
11		correspondingly updated depreciation reserve and expense
12		for the calendar year in which the inputs are filed. The
13		filing shall also include a reconciliation of the revenue
14		requirement that was in effect for the prior rate year (as
15		set by the cost inputs for the prior rate year) with the
16		actual revenue requirement for the prior rate year
17		(determined using a year-end rate base) that uses amounts
18		reflected in the applicable FERC Form 1 that reports the
19		actual costs for the prior rate year. Any over-collection
20		or under-collection indicated by such reconciliation shall
21		be reflected as a credit against, or recovered as an
22		additional charge to, respectively, with interest
23		calculated at a rate equal to the utility's weighted
24		average cost of capital approved by the Commission for the
25		prior rate year, the charges for the applicable rate year.
26		Provided, however, that the first such reconciliation

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1		shall be for the calendar year in which the utility files
2		its performance-based formula rate tariff pursuant to
3		subsection (c) of this Section and shall reconcile (i) the
4		revenue requirement or requirements established by the
5		rate order or orders in effect from time to time during
6		such calendar year (weighted, as applicable) with (ii) the
7		revenue requirement determined using a year-end rate base
8		for that calendar year calculated pursuant to the
9		performance-based formula rate using (A) actual costs for
10		that year as reflected in the applicable FERC Form 1, and
11		(B) for the first such reconciliation only, the cost of
12		equity, which shall be calculated as the sum of 590 basis
13		points plus the average for the applicable calendar year of
14		the monthly average yields of 30-year U.S. Treasury bonds
15		published by the Board of Governors of the Federal Reserve
16		System in its weekly H.15 Statistical Release or successor
17		publication. The first such reconciliation is not intended
18		to provide for the recovery of costs previously excluded
19		from rates based on a prior Commission order finding of
20		imprudence or unreasonableness. Each reconciliation shall
21		be certified by the participating utility in the same
22		manner that FERC Form 1 is certified. The filing shall also
23		include the charge or credit, if any, resulting from the
24		calculation required by paragraph (6) of subsection (c) of
25		this Section.
26		Notwithstanding anything that may be to the contrary,

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1		the intent of the reconciliation is to ultimately reconcile
2		the revenue requirement reflected in rates for each
3		calendar year, beginning with the calendar year in which
4		the utility files its performance-based formula rate
5		tariff pursuant to subsection (c) of this Section, with
6		what the revenue requirement determined using a year-end
7		rate base for the applicable calendar year would have been
8		had the actual cost information for the applicable calendar
9		year been available at the filing date.
10		(2) The new charges shall take effect beginning on the
11		first billing day of the following January billing period
12		and remain in effect through the last billing day of the
13		next December billing period regardless of whether the
14		Commission enters upon a hearing pursuant to this
15		subsection (d).
16		(3) The filing shall include relevant and necessary
17		data and documentation for the applicable rate year that is
18		consistent with the Commission's rules applicable to a
19		filing for a general increase in rates or any rules adopted
20		by the Commission to implement this Section. Normalization
21		adjustments shall not be required. Notwithstanding any
22		other provision of this Section or Act or any rule or other
23		requirement adopted by the Commission, a participating
24		utility that is a combination utility with more than one
25		rate zone shall not be required to file a separate set of
26		such data and documentation for each rate zone and may

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1		combine such data and documentation into a single set of
2		schedules.
3		Within 45 days after the utility files its annual update of
4		cost inputs to the performance-based formula rate, the
5		Commission shall have the authority, either upon complaint or
6		its own initiative, but with reasonable notice, to enter upon a
7		hearing concerning the prudence and reasonableness of the costs
8		incurred by the utility to be recovered during the applicable
9		rate year that are reflected in the inputs to the
10		performance-based formula rate derived from the utility's FERC
11		Form 1. During the course of the hearing, each objection shall
12		be stated with particularity and evidence provided in support
13		thereof, after which the utility shall have the opportunity to
14		rebut the evidence. Discovery shall be allowed consistent with
15		the Commission's Rules of Practice, which Rules shall be
16		enforced by the Commission or the assigned hearing examiner.
17		The Commission shall apply the same evidentiary standards,
18		including, but not limited to, those concerning the prudence
19		and reasonableness of the costs incurred by the utility, in the
20		hearing as it would apply in a hearing to review a filing for a
21		general increase in rates under Article IX of this Act. The
22		Commission shall not, however, have the authority in a
23		proceeding under this subsection (d) to consider or order any
24		changes to the structure or protocols of the performance-based
25		formula rate approved pursuant to subsection (c) of this
26		Section. In a proceeding under this subsection (d), the

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1		Commission shall enter its order no later than the earlier of
2		240 days after the utility's filing of its annual update of
3		cost inputs to the performance-based formula rate or December
4		31. The Commission's determinations of the prudence and
5		reasonableness of the costs incurred for the applicable
6		calendar year shall be final upon entry of the Commission's
7		order and shall not be subject to reopening, reexamination, or
8		collateral attack in any other Commission proceeding, case,
9		docket, order, rule or regulation, provided, however, that
10		nothing in this subsection (d) shall prohibit a party from
11		petitioning the Commission to rehear or appeal to the courts
12		the order pursuant to the provisions of this Act.
13		In the event the Commission does not, either upon complaint
14		or its own initiative, enter upon a hearing within 45 days
15		after the utility files the annual update of cost inputs to its
16		performance-based formula rate, then the costs incurred for the
17		applicable calendar year shall be deemed prudent and
18		reasonable, and the filed charges shall not be subject to
19		reopening, reexamination, or collateral attack in any other
20		proceeding, case, docket, order, rule, or regulation.
21		A participating utility's first filing of the updated cost
22		inputs, and any Commission investigation of such inputs
23		pursuant to this subsection (d) shall proceed notwithstanding
24		the fact that the Commission's investigation under subsection
25		(c) of this Section is still pending and notwithstanding any
26		other law, order, rule, or Commission practice to the contrary.

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1		(e) Nothing in subsections (c) or (d) of this Section shall
2		prohibit the Commission from investigating, or a participating
3		utility from filing, revenue-neutral tariff changes related to
4		rate design of a performance-based formula rate that has been
5		placed into effect for the utility. Following approval of a
6		participating utility's performance-based formula rate tariff
7		pursuant to subsection (c) of this Section, the utility shall
8		make a filing with the Commission within one year after the
9		effective date of the performance-based formula rate tariff
10		that proposes changes to the tariff to incorporate the findings
11		of any final rate design orders of the Commission applicable to
12		the participating utility and entered subsequent to the
13		Commission's approval of the tariff. The Commission shall,
14		after notice and hearing, enter its order approving, or
15		approving with modification, the proposed changes to the
16		performance-based formula rate tariff within 240 days after the
17		utility's filing. Following such approval, the utility shall
18		make a filing with the Commission during each subsequent 3-year
19		period that either proposes revenue-neutral tariff changes or
20		re-files the existing tariffs without change, which shall
21		present the Commission with an opportunity to suspend the
22		tariffs and consider revenue-neutral tariff changes related to
23		rate design.
24		(f) Within 30 days after the filing of a tariff pursuant to
25		subsection (c) of this Section, each participating utility
26		shall develop and file with the Commission multi-year metrics

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1		designed to achieve, ratably (i.e., in equal segments) over a
2		10-year period, improvement over baseline performance values
3		as follows:
4		(1) Twenty percent improvement in the System Average
5		Interruption Frequency Index, using a baseline of the
6		average of the data from 2001 through 2010.
7		(2) Fifteen percent improvement in the system Customer
8		Average Interruption Duration Index, using a baseline of
9		the average of the data from 2001 through 2010.
10		(3) For a participating utility other than a
11		combination utility, 20% improvement in the System Average
12		Interruption Frequency Index for its Southern Region,
13		using a baseline of the average of the data from 2001
14		through 2010. For purposes of this paragraph (3), Southern
15		Region shall have the meaning set forth in the
16		participating utility's most recent report filed pursuant
17		to Section 16-125 of this Act.
18		(3.5) For a participating utility other than a
19		combination utility, 20% improvement in the System Average
20		Interruption Frequency Index for its Northeastern Region,
21		using a baseline of the average of the data from 2001
22		through 2010. For purposes of this paragraph (3.5),
23		Northeastern Region shall have the meaning set forth in the
24		participating utility's most recent report filed pursuant
25		to Section 16-125 of this Act.
26		(4) Seventy-five percent improvement in the total

HB5540 Enrolled - 786 - LRB099 16003 AMC 40320 b
1		number of customers who exceed the service reliability
2		targets as set forth in subparagraphs (A) through (C) of
3		paragraph (4) of subsection (b) of 83 Ill. Admin. Code Part
4		411.140 as of May 1, 2011, using 2010 as the baseline year.
5		(5) Reduction in issuance of estimated electric bills:
6		90% improvement for a participating utility other than a
7		combination utility, and 56% improvement for a
8		participating utility that is a combination utility, using
9		a baseline of the average number of estimated bills for the
10		years 2008 through 2010.
11		(6) Consumption on inactive meters: 90% improvement
12		for a participating utility other than a combination
13		utility, and 56% improvement for a participating utility
14		that is a combination utility, using a baseline of the
15		average unbilled kilowatthours for the years 2009 and 2010.
16		(7) Unaccounted for energy: 50% improvement for a
17		participating utility other than a combination utility
18		using a baseline of the non-technical line loss unaccounted
19		for energy kilowatthours for the year 2009.
20		(8) Uncollectible expense: reduce uncollectible
21		expense by at least $30,000,000 for a participating utility
22		other than a combination utility and by at least $3,500,000
23		for a participating utility that is a combination utility,
24		using a baseline of the average uncollectible expense for
25		the years 2008 through 2010.
26		(9) Opportunities for minority-owned and female-owned

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1		business enterprises: design a performance metric
2		regarding the creation of opportunities for minority-owned
3		and female-owned business enterprises consistent with
4		State and federal law using a base performance value of the
5		percentage of the participating utility's capital
6		expenditures that were paid to minority-owned and
7		female-owned business enterprises in 2010.
8		The definitions set forth in 83 Ill. Admin. Code Part
9		411.20 as of May 1, 2011 shall be used for purposes of
10		calculating performance under paragraphs (1) through (3.5) of
11		this subsection (f), provided, however, that the participating
12		utility may exclude up to 9 extreme weather event days from
13		such calculation for each year, and provided further that the
14		participating utility shall exclude 9 extreme weather event
15		days when calculating each year of the baseline period to the
16		extent that there are 9 such days in a given year of the
17		baseline period. For purposes of this Section, an extreme
18		weather event day is a 24-hour calendar day (beginning at 12:00
19		a.m. and ending at 11:59 p.m.) during which any weather event
20		(e.g., storm, tornado) caused interruptions for 10,000 or more
21		of the participating utility's customers for 3 hours or more.
22		If there are more than 9 extreme weather event days in a year,
23		then the utility may choose no more than 9 extreme weather
24		event days to exclude, provided that the same extreme weather
25		event days are excluded from each of the calculations performed
26		under paragraphs (1) through (3.5) of this subsection (f).

HB5540 Enrolled - 788 - LRB099 16003 AMC 40320 b
1		The metrics shall include incremental performance goals
2		for each year of the 10-year period, which shall be designed to
3		demonstrate that the utility is on track to achieve the
4		performance goal in each category at the end of the 10-year
5		period. The utility shall elect when the 10-year period shall
6		commence for the metrics set forth in subparagraphs (1) through
7		(4) and (9) of this subsection (f), provided that it begins no
8		later than 14 months following the date on which the utility
9		begins investing pursuant to subsection (b) of this Section,
10		and when the 10-year period shall commence for the metrics set
11		forth in subparagraphs (5) through (8) of this subsection (f),
12		provided that it begins no later than 14 months following the
13		date on which the Commission enters its order approving the
14		utility's Advanced Metering Infrastructure Deployment Plan
15		pursuant to subsection (c) of Section 16-108.6 of this Act.
16		The metrics and performance goals set forth in
17		subparagraphs (5) through (8) of this subsection (f) are based
18		on the assumptions that the participating utility may fully
19		implement the technology described in subsection (b) of this
20		Section, including utilizing the full functionality of such
21		technology and that there is no requirement for personal
22		on-site notification. If the utility is unable to meet the
23		metrics and performance goals set forth in subparagraphs (5)
24		through (8) of this subsection (f) for such reasons, and the
25		Commission so finds after notice and hearing, then the utility
26		shall be excused from compliance, but only to the limited

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1		extent achievement of the affected metrics and performance
2		goals was hindered by the less than full implementation.
3		(f-5) The financial penalties applicable to the metrics
4		described in subparagraphs (1) through (8) of subsection (f) of
5		this Section, as applicable, shall be applied through an
6		adjustment to the participating utility's return on equity of
7		no more than a total of 30 basis points in each of the first 3
8		years, of no more than a total of 34 basis points in each of the
9		3 years thereafter, and of no more than a total of 38 basis
10		points in each of the 4 years thereafter, as follows:
11		(1) With respect to each of the incremental annual
12		performance goals established pursuant to paragraph (1) of
13		subsection (f) of this Section,
14		(A) for each year that a participating utility
15		other than a combination utility does not achieve the
16		annual goal, the participating utility's return on
17		equity shall be reduced as follows: during years 1
18		through 3, by 5 basis points; during years 4 through 6,
19		by 6 basis points; and during years 7 through 10, by 7
20		basis points; and
21		(B) for each year that a participating utility that
22		is a combination utility does not achieve the annual
23		goal, the participating utility's return on equity
24		shall be reduced as follows: during years 1 through 3,
25		by 10 basis points; during years 4 through 6, by 12
26		basis points; and during years 7 through 10, by 14

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1		basis points.
2		(2) With respect to each of the incremental annual
3		performance goals established pursuant to paragraph (2) of
4		subsection (f) of this Section, for each year that the
5		participating utility does not achieve each such goal, the
6		participating utility's return on equity shall be reduced
7		as follows: during years 1 through 3, by 5 basis points;
8		during years 4 through 6, by 6 basis points; and during
9		years 7 through 10, by 7 basis points.
10		(3) With respect to each of the incremental annual
11		performance goals established pursuant to paragraphs (3)
12		and (3.5) of subsection (f) of this Section, for each year
13		that a participating utility other than a combination
14		utility does not achieve both such goals, the participating
15		utility's return on equity shall be reduced as follows:
16		during years 1 through 3, by 5 basis points; during years 4
17		through 6, by 6 basis points; and during years 7 through
18		10, by 7 basis points.
19		(4) With respect to each of the incremental annual
20		performance goals established pursuant to paragraph (4) of
21		subsection (f) of this Section, for each year that the
22		participating utility does not achieve each such goal, the
23		participating utility's return on equity shall be reduced
24		as follows: during years 1 through 3, by 5 basis points;
25		during years 4 through 6, by 6 basis points; and during
26		years 7 through 10, by 7 basis points.

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1		(5) With respect to each of the incremental annual
2		performance goals established pursuant to subparagraph (5)
3		of subsection (f) of this Section, for each year that the
4		participating utility does not achieve at least 95% of each
5		such goal, the participating utility's return on equity
6		shall be reduced by 5 basis points for each such unachieved
7		goal.
8		(6) With respect to each of the incremental annual
9		performance goals established pursuant to paragraphs (6),
10		(7), and (8) of subsection (f) of this Section, as
11		applicable, which together measure non-operational
12		customer savings and benefits relating to the
13		implementation of the Advanced Metering Infrastructure
14		Deployment Plan, as defined in Section 16-108.6 of this
15		Act, the performance under each such goal shall be
16		calculated in terms of the percentage of the goal achieved.
17		The percentage of goal achieved for each of the goals shall
18		be aggregated, and an average percentage value calculated,
19		for each year of the 10-year period. If the utility does
20		not achieve an average percentage value in a given year of
21		at least 95%, the participating utility's return on equity
22		shall be reduced by 5 basis points.
23		The financial penalties shall be applied as described in
24		this subsection (f-5) for the 12-month period in which the
25		deficiency occurred through a separate tariff mechanism, which
26		shall be filed by the utility together with its metrics. In the

HB5540 Enrolled - 792 - LRB099 16003 AMC 40320 b
1		event the formula rate tariff established pursuant to
2		subsection (c) of this Section terminates, the utility's
3		obligations under subsection (f) of this Section and this
4		subsection (f-5) shall also terminate, provided, however, that
5		the tariff mechanism established pursuant to subsection (f) of
6		this Section and this subsection (f-5) shall remain in effect
7		until any penalties due and owing at the time of such
8		termination are applied.
9		The Commission shall, after notice and hearing, enter an
10		order within 120 days after the metrics are filed approving, or
11		approving with modification, a participating utility's tariff
12		or mechanism to satisfy the metrics set forth in subsection (f)
13		of this Section. On June 1 of each subsequent year, each
14		participating utility shall file a report with the Commission
15		that includes, among other things, a description of how the
16		participating utility performed under each metric and an
17		identification of any extraordinary events that adversely
18		impacted the utility's performance. Whenever a participating
19		utility does not satisfy the metrics required pursuant to
20		subsection (f) of this Section, the Commission shall, after
21		notice and hearing, enter an order approving financial
22		penalties in accordance with this subsection (f-5). The
23		Commission-approved financial penalties shall be applied
24		beginning with the next rate year. Nothing in this Section
25		shall authorize the Commission to reduce or otherwise obviate
26		the imposition of financial penalties for failing to achieve

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1		one or more of the metrics established pursuant to subparagraph
2		(1) through (4) of subsection (f) of this Section.
3		(g) On or before July 31, 2014, each participating utility
4		shall file a report with the Commission that sets forth the
5		average annual increase in the average amount paid per
6		kilowatthour for residential eligible retail customers,
7		exclusive of the effects of energy efficiency programs,
8		comparing the 12-month period ending May 31, 2012; the 12-month
9		period ending May 31, 2013; and the 12-month period ending May
10		31, 2014. For a participating utility that is a combination
11		utility with more than one rate zone, the weighted average
12		aggregate increase shall be provided. The report shall be filed
13		together with a statement from an independent auditor attesting
14		to the accuracy of the report. The cost of the independent
15		auditor shall be borne by the participating utility and shall
16		not be a recoverable expense. "The average amount paid per
17		kilowatthour" shall be based on the participating utility's
18		tariffed rates actually in effect and shall not be calculated
19		using any hypothetical rate or adjustments to actual charges
20		(other than as specified for energy efficiency) as an input.
21		In the event that the average annual increase exceeds 2.5%
22		as calculated pursuant to this subsection (g), then Sections
23		16-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other
24		than this subsection, shall be inoperative as they relate to
25		the utility and its service area as of the date of the report
26		due to be submitted pursuant to this subsection and the utility

HB5540 Enrolled - 794 - LRB099 16003 AMC 40320 b
1		shall no longer be eligible to annually update the
2		performance-based formula rate tariff pursuant to subsection
3		(d) of this Section. In such event, the then current rates
4		shall remain in effect until such time as new rates are set
5		pursuant to Article IX of this Act, subject to retroactive
6		adjustment, with interest, to reconcile rates charged with
7		actual costs, and the participating utility's voluntary
8		commitments and obligations under subsection (b) of this
9		Section shall immediately terminate, except for the utility's
10		obligation to pay an amount already owed to the fund for
11		training grants pursuant to a Commission order issued under
12		subsection (b) of this Section.
13		In the event that the average annual increase is 2.5% or
14		less as calculated pursuant to this subsection (g), then the
15		performance-based formula rate shall remain in effect as set
16		forth in this Section.
17		For purposes of this Section, the amount per kilowatthour
18		means the total amount paid for electric service expressed on a
19		per kilowatthour basis, and the total amount paid for electric
20		service includes without limitation amounts paid for supply,
21		transmission, distribution, surcharges, and add-on taxes
22		exclusive of any increases in taxes or new taxes imposed after
23		October 26, 2011 (the effective date of Public Act 97-616) this
24		amendatory Act of the 97th General Assembly. For purposes of
25		this Section, "eligible retail customers" shall have the
26		meaning set forth in Section 16-111.5 of this Act.

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1		The fact that this Section becomes inoperative as set forth
2		in this subsection shall not be construed to mean that the
3		Commission may reexamine or otherwise reopen prudence or
4		reasonableness determinations already made.
5		(h) Sections 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of
6		this Act, other than this subsection, are inoperative after
7		December 31, 2019 for every participating utility, after which
8		time a participating utility shall no longer be eligible to
9		annually update the performance-based formula rate tariff
10		pursuant to subsection (d) of this Section. At such time, the
11		then current rates shall remain in effect until such time as
12		new rates are set pursuant to Article IX of this Act, subject
13		to retroactive adjustment, with interest, to reconcile rates
14		charged with actual costs.
15		By December 31, 2017, the Commission shall prepare and file
16		with the General Assembly a report on the infrastructure
17		program and the performance-based formula rate. The report
18		shall include the change in the average amount per kilowatthour
19		paid by residential customers between June 1, 2011 and May 31,
20		2017. If the change in the total average rate paid exceeds 2.5%
21		compounded annually, the Commission shall include in the report
22		an analysis that shows the portion of the change due to the
23		delivery services component and the portion of the change due
24		to the supply component of the rate. The report shall include
25		separate sections for each participating utility.
26		In the event Sections 16-108.5, 16-108.6, 16-108.7, and

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1		16-108.8 of this Act do not become inoperative after December
2		31, 2019, then these Sections are inoperative after December
3		31, 2022 for every participating utility, after which time a
4		participating utility shall no longer be eligible to annually
5		update the performance-based formula rate tariff pursuant to
6		subsection (d) of this Section. At such time, the then current
7		rates shall remain in effect until such time as new rates are
8		set pursuant to Article IX of this Act, subject to retroactive
9		adjustment, with interest, to reconcile rates charged with
10		actual costs.
11		The fact that this Section becomes inoperative as set forth
12		in this subsection shall not be construed to mean that the
13		Commission may reexamine or otherwise reopen prudence or
14		reasonableness determinations already made.
15		(i) While a participating utility may use, develop, and
16		maintain broadband systems and the delivery of broadband
17		services, voice-over-internet-protocol services,
18		telecommunications services, and cable and video programming
19		services for use in providing delivery services and Smart Grid
20		functionality or application to its retail customers,
21		including, but not limited to, the installation,
22		implementation and maintenance of Smart Grid electric system
23		upgrades as defined in Section 16-108.6 of this Act, a
24		participating utility is prohibited from offering to its retail
25		customers broadband services or the delivery of broadband
26		services, voice-over-internet-protocol services,

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1		telecommunications services, or cable or video programming
2		services, unless they are part of a service directly related to
3		delivery services or Smart Grid functionality or applications
4		as defined in Section 16-108.6 of this Act, and from recovering
5		the costs of such offerings from retail customers.
6		(j) Nothing in this Section is intended to legislatively
7		overturn the opinion issued in Commonwealth Edison Co. v. Ill.
8		Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137,
9		1-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App.
10		Ct. 2d Dist. Sept. 30, 2010). Public Act 97-616 This amendatory
11		Act of the 97th General Assembly shall not be construed as
12		creating a contract between the General Assembly and the
13		participating utility, and shall not establish a property right
14		in the participating utility.
15		(k) The changes made in subsections (c) and (d) of this
16		Section by Public Act 98-15 this amendatory Act of the 98th
17		General Assembly are intended to be a restatement and
18		clarification of existing law, and intended to give binding
19		effect to the provisions of House Resolution 1157 adopted by
20		the House of Representatives of the 97th General Assembly and
21		Senate Resolution 821 adopted by the Senate of the 97th General
22		Assembly that are reflected in paragraph (3) of this
23		subsection. In addition, Public Act 98-15 this amendatory Act
24		of the 98th General Assembly preempts and supersedes any final
25		Commission orders entered in Docket Nos. 11-0721, 12-0001,
26		12-0293, and 12-0321 to the extent inconsistent with the

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1		amendatory language added to subsections (c) and (d).
2		(1) No earlier than 5 business days after May 22, 2013
3		(the effective date of Public Act 98-15) this amendatory
4		Act of the 98th General Assembly, each participating
5		utility shall file any tariff changes necessary to
6		implement the amendatory language set forth in subsections
7		(c) and (d) of this Section by Public Act 98-15 this
8		amendatory Act of the 98th General Assembly and a revised
9		revenue requirement under the participating utility's
10		performance-based formula rate. The Commission shall enter
11		a final order approving such tariff changes and revised
12		revenue requirement within 21 days after the participating
13		utility's filing.
14		(2) Notwithstanding anything that may be to the
15		contrary, a participating utility may file a tariff to
16		retroactively recover its previously unrecovered actual
17		costs of delivery service that are no longer subject to
18		recovery through a reconciliation adjustment under
19		subsection (d) of this Section. This retroactive recovery
20		shall include any derivative adjustments resulting from
21		the changes to subsections (c) and (d) of this Section by
22		Public Act 98-15 this amendatory Act of the 98th General
23		Assembly. Such tariff shall allow the utility to assess, on
24		current customer bills over a period of 12 monthly billing
25		periods, a charge or credit related to those unrecovered
26		costs with interest at the utility's weighted average cost

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1		of capital during the period in which those costs were
2		unrecovered. A participating utility may file a tariff that
3		implements a retroactive charge or credit as described in
4		this paragraph for amounts not otherwise included in the
5		tariff filing provided for in paragraph (1) of this
6		subsection (k). The Commission shall enter a final order
7		approving such tariff within 21 days after the
8		participating utility's filing.
9		(3) The tariff changes described in paragraphs (1) and
10		(2) of this subsection (k) shall relate only to, and be
11		consistent with, the following provisions of Public Act
12		98-15 this amendatory Act of the 98th General Assembly:
13		paragraph (2) of subsection (c) regarding year-end capital
14		structure, subparagraph (D) of paragraph (4) of subsection
15		(c) regarding pension assets, and subsection (d) regarding
16		the reconciliation components related to year-end rate
17		base and interest calculated at a rate equal to the
18		utility's weighted average cost of capital.
19		(4) Nothing in this subsection is intended to effect a
20		dismissal of or otherwise affect an appeal from any final
21		Commission orders entered in Docket Nos. 11-0721, 12-0001,
22		12-0293, and 12-0321 other than to the extent of the
23		amendatory language contained in subsections (c) and (d) of
24		this Section of Public Act 98-15 this amendatory Act of the
25		98th General Assembly.
26		(l) Each participating utility shall be deemed to have been

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1		in full compliance with all requirements of subsection (b) of
2		this Section, subsection (c) of this Section, Section 16-108.6
3		of this Act, and all Commission orders entered pursuant to
4		Sections 16-108.5 and 16-108.6 of this Act, up to and including
5		May 22, 2013 (the effective date of Public Act 98-15) this
6		amendatory Act of the 98th General Assembly. The Commission
7		shall not undertake any investigation of such compliance and no
8		penalty shall be assessed or adverse action taken against a
9		participating utility for noncompliance with Commission orders
10		associated with subsection (b) of this Section, subsection (c)
11		of this Section, and Section 16-108.6 of this Act prior to such
12		date. Each participating utility other than a combination
13		utility shall be permitted, without penalty, a period of 12
14		months after such effective date to take actions required to
15		ensure its infrastructure investment program is in compliance
16		with subsection (b) of this Section and with Section 16-108.6
17		of this Act. Provided further: (1) if this amendatory Act of
18		the 98th General Assembly takes effect on or before June 15,
19		2013, the following subparagraphs shall apply to a
20		participating utility other than a combination utility:
21		(A) if the Commission has initiated a proceeding
22		pursuant to subsection (e) of Section 16-108.6 of this Act
23		that is pending as of May 22, 2013 (the effective date of
24		Public Act 98-15) this amendatory Act of the 98th General
25		Assembly, then the order entered in such proceeding shall,
26		after notice and hearing, accelerate the commencement of

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1		the meter deployment schedule approved in the final
2		Commission order on rehearing entered in Docket No.
3		12-0298;
4		(B) if the Commission has entered an order pursuant to
5		subsection (e) of Section 16-108.6 of this Act prior to May
6		22, 2013 (the effective date of Public Act 98-15) this
7		amendatory Act of the 98th General Assembly that does not
8		accelerate the commencement of the meter deployment
9		schedule approved in the final Commission order on
10		rehearing entered in Docket No. 12-0298, then the utility
11		shall file with the Commission, within 45 days after such
12		effective date, a plan for accelerating the commencement of
13		the utility's meter deployment schedule approved in the
14		final Commission order on rehearing entered in Docket No.
15		12-0298; the Commission shall reopen the proceeding in
16		which it entered its order pursuant to subsection (e) of
17		Section 16-108.6 of this Act and shall, after notice and
18		hearing, enter an amendatory order that approves or
19		approves as modified such accelerated plan within 90 days
20		after the utility's filing; or
21		(C) if the Commission has not initiated a proceeding
22		pursuant to subsection (e) of Section 16-108.6 of this Act
23		prior to May 22, 2013 (the effective date of Public Act
24		98-15) this amendatory Act of the 98th General Assembly,
25		then the utility shall file with the Commission, within 45
26		days after such effective date, a plan for accelerating the

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1		commencement of the utility's meter deployment schedule
2		approved in the final Commission order on rehearing entered
3		in Docket No. 12-0298 and the Commission shall, after
4		notice and hearing, approve or approve as modified such
5		plan within 90 days after the utility's filing; .
6		(2) if this amendatory Act of the 98th General Assembly
7		takes effect after June 15, 2013, then each participating
8		utility other than a combination utility shall file with
9		the Commission, within 45 days after such effective date, a
10		plan for accelerating the commencement of the utility's
11		meter deployment schedule approved in the final Commission
12		order on rehearing entered in Docket No. 12-0298; the
13		Commission shall reopen the most recent proceeding in which
14		it entered an order pursuant to subsection (e) of Section
15		16-108.6 of this Act and within 90 days after the utility's
16		filing shall, after notice and hearing, enter an amendatory
17		order that approves or approves as modified such
18		accelerated plan, provided that if there was no such prior
19		proceeding the Commission shall open a new proceeding and
20		within 90 days after the utility's filing shall, after
21		notice and hearing, enter an order that approves or
22		approves as modified such accelerated plan.
23		Any schedule for meter deployment approved by the
24		Commission pursuant to subparagraphs (1) or (2) of this
25		subsection (l) shall take into consideration procurement times
26		for meters and other equipment and operational issues. Nothing

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1		in Public Act 98-15 this amendatory Act of the 98th General
2		Assembly shall shorten or extend the end dates for the 5-year
3		or 10-year periods set forth in subsection (b) of this Section
4		or Section 16-108.6 of this Act. Nothing in this subsection is
5		intended to address whether a participating utility has, or has
6		not, satisfied any or all of the metrics and performance goals
7		established pursuant to subsection (f) of this Section.
8		(m) The provisions of Public Act 98-15 this amendatory Act
9		of the 98th General Assembly are severable under Section 1.31
10		of the Statute on Statutes.
11		(Source: P.A. 98-15, eff. 5-22-13; 98-1175, eff. 6-1-15;
12		99-143, eff. 7-27-15; revised 10-21-15.)
13		Section 320. The Illinois Athletic Trainers Practice Act is
14		amended by changing Section 18 as follows:
15		(225 ILCS 5/18) (from Ch. 111, par. 7618)
16		(Section scheduled to be repealed on January 1, 2026)
17		Sec. 18. Investigations; notice and hearing. The
18		Department may investigate the actions of any applicant or of
19		any person or persons holding or claiming to hold a license.
20		The Department shall, before refusing to issue or to renew a
21		license or disciplining a registrant, at least 30 days prior to
22		the date set for the hearing, notify in writing the applicant
23		or licensee of the nature of the charges and the time and place
24		that a hearing will be held on the charges. The Department

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1		shall direct the applicant or licensee to file a written answer
2		under oath within 20 days after the service of the notice. In
3		case the person fails to file an answer after receiving notice,
4		his or her license or certificate may, in the discretion of the
5		Department, be suspended, revoked, or placed on probationary
6		status, or the Department may take whatever disciplinary action
7		deemed proper, including limiting the scope, nature, or extent
8		of the person's practice or the imposition of a fine, without a
9		hearing, if the act or acts charged constitute sufficient
10		grounds for such action under this Act. At the time and place
11		fixed in the notice, the Department shall proceed to hear the
12		charges, and the parties or their counsel shall be accorded
13		ample opportunity to present such statements, testimony,
14		evidence, and argument as may be pertinent to the charges or to
15		their defense. The Department may continue a hearing from time
16		to time. The written notice and any notice in the subsequent
17		proceeding may be served by registered or certified mail to the
18		licensee's address of record.
19		(Source: P.A. 99-469, eff. 8-26-15; revised 10-9-15.)
20		Section 325. The Child Care Act of 1969 is amended by
21		changing Section 2.06 as follows:
22		(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
23		Sec. 2.06. "Child care institution" means a child care
24		facility where more than 7 children are received and maintained

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1		for the purpose of providing them with care or training or
2		both. The term "child care institution" includes residential
3		schools, primarily serving ambulatory children with
4		disabilities, and those operating a full calendar year, but
5		does not include:
6		(a) any Any State-operated institution for child care
7		established by legislative action;
8		(b) any Any juvenile detention or shelter care home
9		established and operated by any county or child protection
10		district established under the "Child Protection Act";
11		(c) any Any institution, home, place or facility
12		operating under a license pursuant to the Nursing Home Care
13		Act, the Specialized Mental Health Rehabilitation Act of
14		2013, the ID/DD Community Care Act, or the MC/DD Act;
15		(d) any Any bona fide boarding school in which children
16		are primarily taught branches of education corresponding
17		to those taught in public schools, grades one through 12,
18		or taught in public elementary schools, high schools, or
19		both elementary and high schools, and which operates on a
20		regular academic school year basis; or
21		(e) any Any facility licensed as a "group home" as
22		defined in this Act.
23		(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
24		99-180, eff. 7-29-15; revised 10-9-15.)
25		Section 330. The Environmental Health Practitioner

HB5540 Enrolled - 806 - LRB099 16003 AMC 40320 b
1		Licensing Act is amended by changing Section 130 as follows:
2		(225 ILCS 37/130)
3		(Section scheduled to be repealed on January 1, 2019)
4		Sec. 130. Illinois Administrative Procedure Act. The
5		Illinois Administrative Procedure Act is expressly adopted and
6		incorporated in this Act as if all of the provisions of that
7		Act were included in this Act, except that the provision of
8		paragraph (c) of Section 10-65 16 of the Illinois
9		Administrative Procedure Act, which provides that at hearings
10		the certificate holder has the right to show compliance with
11		all lawful requirements for retention, or continuation, or
12		renewal of the certificate, is specifically excluded. For the
13		purpose of this Act, the notice required under Section 10-25 10
14		of the Illinois Administrative Procedure Act is deemed
15		sufficient when mailed to the last known address of a party.
16		(Source: P.A. 89-61, eff. 6-30-95; revised 10-9-15.)
17		Section 335. The Patients' Right to Know Act is amended by
18		changing Section 5 as follows:
19		(225 ILCS 61/5)
20		Sec. 5. Definitions. For purposes of this Act, the
21		following definitions shall have the following meanings,
22		except where the context requires otherwise:
23		"Department" means the Department of Financial and

HB5540 Enrolled - 807 - LRB099 16003 AMC 40320 b
1		Professional Regulation.
2		"Disciplinary Board" means the Medical Disciplinary Board.
3		"Physician" means a person licensed under the Medical
4		Practice Act of 1987 to practice medicine in all of its
5		branches or a chiropractic physician licensed to treat human
6		ailments without the use of drugs and without operative
7		surgery.
8		"Secretary" means the Secretary of the Department of
9		Financial and Professional Regulation.
10		(Source: P.A. 97-280, eff. 8-9-11; revised 10-21-15.)
11		Section 340. The Nurse Practice Act is amended by changing
12		Section 50-10 as follows:
13		(225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
14		(Section scheduled to be repealed on January 1, 2018)
15		Sec. 50-10. Definitions. Each of the following terms, when
16		used in this Act, shall have the meaning ascribed to it in this
17		Section, except where the context clearly indicates otherwise:
18		"Academic year" means the customary annual schedule of
19		courses at a college, university, or approved school,
20		customarily regarded as the school year as distinguished from
21		the calendar year.
22		"Advanced practice nurse" or "APN" means a person who has
23		met the qualifications for a (i) certified nurse midwife (CNM);
24		(ii) certified nurse practitioner (CNP); (iii) certified

HB5540 Enrolled - 808 - LRB099 16003 AMC 40320 b
1		registered nurse anesthetist (CRNA); or (iv) clinical nurse
2		specialist (CNS) and has been licensed by the Department. All
3		advanced practice nurses licensed and practicing in the State
4		of Illinois shall use the title APN and may use specialty
5		credentials CNM, CNP, CRNA, or CNS after their name. All
6		advanced practice nurses may only practice in accordance with
7		national certification and this Act.
8		"Approved program of professional nursing education" and
9		"approved program of practical nursing education" are programs
10		of professional or practical nursing, respectively, approved
11		by the Department under the provisions of this Act.
12		"Board" means the Board of Nursing appointed by the
13		Secretary.
14		"Collaboration" means a process involving 2 or more health
15		care professionals working together, each contributing one's
16		respective area of expertise to provide more comprehensive
17		patient care.
18		"Consultation" means the process whereby an advanced
19		practice nurse seeks the advice or opinion of another health
20		care professional.
21		"Credentialed" means the process of assessing and
22		validating the qualifications of a health care professional.
23		"Current nursing practice update course" means a planned
24		nursing education curriculum approved by the Department
25		consisting of activities that have educational objectives,
26		instructional methods, content or subject matter, clinical

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1		practice, and evaluation methods, related to basic review and
2		updating content and specifically planned for those nurses
3		previously licensed in the United States or its territories and
4		preparing for reentry into nursing practice.
5		"Dentist" means a person licensed to practice dentistry
6		under the Illinois Dental Practice Act.
7		"Department" means the Department of Financial and
8		Professional Regulation.
9		"Hospital affiliate" means a corporation, partnership,
10		joint venture, limited liability company, or similar
11		organization, other than a hospital, that is devoted primarily
12		to the provision, management, or support of health care
13		services and that directly or indirectly controls, is
14		controlled by, or is under common control of the hospital. For
15		the purposes of this definition, "control" means having at
16		least an equal or a majority ownership or membership interest.
17		A hospital affiliate shall be 100% owned or controlled by any
18		combination of hospitals, their parent corporations, or
19		physicians licensed to practice medicine in all its branches in
20		Illinois. "Hospital affiliate" does not include a health
21		maintenance organization regulated under the Health
22		Maintenance Organization Act.
23		"Impaired nurse" means a nurse licensed under this Act who
24		is unable to practice with reasonable skill and safety because
25		of a physical or mental disability as evidenced by a written
26		determination or written consent based on clinical evidence,

HB5540 Enrolled - 810 - LRB099 16003 AMC 40320 b
1		including loss of motor skills, abuse of drugs or alcohol, or a
2		psychiatric disorder, of sufficient degree to diminish his or
3		her ability to deliver competent patient care.
4		"License-pending advanced practice nurse" means a
5		registered professional nurse who has completed all
6		requirements for licensure as an advanced practice nurse except
7		the certification examination and has applied to take the next
8		available certification exam and received a temporary license
9		from the Department.
10		"License-pending registered nurse" means a person who has
11		passed the Department-approved registered nurse licensure exam
12		and has applied for a license from the Department. A
13		license-pending registered nurse shall use the title "RN lic
14		pend" on all documentation related to nursing practice.
15		"Physician" means a person licensed to practice medicine in
16		all its branches under the Medical Practice Act of 1987.
17		"Podiatric physician" means a person licensed to practice
18		podiatry under the Podiatric Medical Practice Act of 1987.
19		"Practical nurse" or "licensed practical nurse" means a
20		person who is licensed as a practical nurse under this Act and
21		practices practical nursing as defined in this Act. Only a
22		practical nurse licensed under this Act is entitled to use the
23		title "licensed practical nurse" and the abbreviation
24		"L.P.N.".
25		"Practical nursing" means the performance of nursing acts
26		requiring the basic nursing knowledge, judgment, and skill

HB5540 Enrolled - 811 - LRB099 16003 AMC 40320 b
1		acquired by means of completion of an approved practical
2		nursing education program. Practical nursing includes
3		assisting in the nursing process as delegated by a registered
4		professional nurse or an advanced practice nurse. The practical
5		nurse may work under the direction of a licensed physician,
6		dentist, podiatric physician, or other health care
7		professional determined by the Department.
8		"Privileged" means the authorization granted by the
9		governing body of a healthcare facility, agency, or
10		organization to provide specific patient care services within
11		well-defined limits, based on qualifications reviewed in the
12		credentialing process.
13		"Registered Nurse" or "Registered Professional Nurse"
14		means a person who is licensed as a professional nurse under
15		this Act and practices nursing as defined in this Act. Only a
16		registered nurse licensed under this Act is entitled to use the
17		titles "registered nurse" and "registered professional nurse"
18		and the abbreviation, "R.N.".
19		"Registered professional nursing practice" is a scientific
20		process founded on a professional body of knowledge; it is a
21		learned profession based on the understanding of the human
22		condition across the life span and environment and includes all
23		nursing specialties and means the performance of any nursing
24		act based upon professional knowledge, judgment, and skills
25		acquired by means of completion of an approved professional
26		nursing education program. A registered professional nurse

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1		provides holistic nursing care through the nursing process to
2		individuals, groups, families, or communities, that includes
3		but is not limited to: (1) the assessment of healthcare needs,
4		nursing diagnosis, planning, implementation, and nursing
5		evaluation; (2) the promotion, maintenance, and restoration of
6		health; (3) counseling, patient education, health education,
7		and patient advocacy; (4) the administration of medications and
8		treatments as prescribed by a physician licensed to practice
9		medicine in all of its branches, a licensed dentist, a licensed
10		podiatric physician, or a licensed optometrist or as prescribed
11		by a physician assistant or by an advanced practice nurse; (5)
12		the coordination and management of the nursing plan of care;
13		(6) the delegation to and supervision of individuals who assist
14		the registered professional nurse implementing the plan of
15		care; and (7) teaching nursing students. The foregoing shall
16		not be deemed to include those acts of medical diagnosis or
17		prescription of therapeutic or corrective measures.
18		"Professional assistance program for nurses" means a
19		professional assistance program that meets criteria
20		established by the Board of Nursing and approved by the
21		Secretary, which provides a non-disciplinary treatment
22		approach for nurses licensed under this Act whose ability to
23		practice is compromised by alcohol or chemical substance
24		addiction.
25		"Secretary" means the Secretary of Financial and
26		Professional Regulation.

HB5540 Enrolled - 813 - LRB099 16003 AMC 40320 b
1		"Unencumbered license" means a license issued in good
2		standing.
3		"Written collaborative agreement" means a written
4		agreement between an advanced practice nurse and a
5		collaborating physician, dentist, or podiatric physician
6		pursuant to Section 65-35.
7		(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
8		99-330, eff. 1-1-16; revised 10-20-15.)
9		Section 345. The Pharmacy Practice Act is amended by
10		changing Section 19.1 as follows:
11		(225 ILCS 85/19.1)
12		(Section scheduled to be repealed on January 1, 2018)
13		Sec. 19.1. Dispensing opioid antagonists naloxone
14		antidotes.
15		(a) Due to the recent rise in opioid-related deaths in
16		Illinois and the existence of an opioid antagonist that can
17		reverse the deadly effects of overdose, the General Assembly
18		finds that in order to avoid further loss where possible, it is
19		responsible to allow greater access of such an antagonist to
20		those populations at risk of overdose.
21		(b) Notwithstanding any general or special law to the
22		contrary, a licensed pharmacist may dispense an opioid
23		antagonist in accordance with written, standardized procedures
24		or protocols developed by the Department with the Department of

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1		Public Health and the Department of Human Services if the
2		procedures or protocols are filed at the pharmacy before
3		implementation and are available to the Department upon
4		request.
5		(c) Before dispensing an opioid antagonist pursuant to this
6		Section, a pharmacist shall complete a training program
7		approved by the Department of Human Services pursuant to
8		Section 5-23 of the Alcoholism and Other Drug Abuse and
9		Dependency Act. The training program shall include, but not be
10		limited to, proper documentation and quality assurance.
11		(d) For the purpose of this Section, "opioid antagonist"
12		means a drug that binds to opioid receptors and blocks or
13		inhibits the effect of opioids acting on those receptors,
14		including, but not limited to, naloxone hydrochloride or any
15		other similarly acting and equally safe drug approved by the
16		U.S. Food and Drug Administration for the treatment of drug
17		overdose.
18		(Source: P.A. 99-480, eff. 9-9-15; revised 10-16-15.)
19		Section 350. The Illinois Physical Therapy Act is amended
20		by changing Section 1 as follows:
21		(225 ILCS 90/1) (from Ch. 111, par. 4251)
22		(Section scheduled to be repealed on January 1, 2026)
23		Sec. 1. Definitions. As used in this Act:
24		(1) "Physical therapy" means all of the following:

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1		(A) Examining, evaluating, and testing individuals who
2		may have mechanical, physiological, or developmental
3		impairments, functional limitations, disabilities, or
4		other health and movement-related conditions, classifying
5		these disorders, determining a rehabilitation prognosis
6		and plan of therapeutic intervention, and assessing the
7		on-going effects of the interventions.
8		(B) Alleviating impairments, functional limitations,
9		or disabilities by designing, implementing, and modifying
10		therapeutic interventions that may include, but are not
11		limited to, the evaluation or treatment of a person through
12		the use of the effective properties of physical measures
13		and heat, cold, light, water, radiant energy, electricity,
14		sound, and air and use of therapeutic massage, therapeutic
15		exercise, mobilization, and rehabilitative procedures,
16		with or without assistive devices, for the purposes of
17		preventing, correcting, or alleviating a physical or
18		mental impairment, functional limitation, or disability.
19		(C) Reducing the risk of injury, impairment,
20		functional limitation, or disability, including the
21		promotion and maintenance of fitness, health, and
22		wellness.
23		(D) Engaging in administration, consultation,
24		education, and research.
25		Physical therapy includes, but is not limited to: (a)
26		performance of specialized tests and measurements, (b)

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1		administration of specialized treatment procedures, (c)
2		interpretation of referrals from physicians, dentists,
3		advanced practice nurses, physician assistants, and podiatric
4		physicians, (d) establishment, and modification of physical
5		therapy treatment programs, (e) administration of topical
6		medication used in generally accepted physical therapy
7		procedures when such medication is either prescribed by the
8		patient's physician, licensed to practice medicine in all its
9		branches, the patient's physician licensed to practice
10		podiatric medicine, the patient's advanced practice nurse, the
11		patient's physician assistant, or the patient's dentist or used
12		following the physician's orders or written instructions, and
13		(f) supervision or teaching of physical therapy. Physical
14		therapy does not include radiology, electrosurgery,
15		chiropractic technique or determination of a differential
16		diagnosis; provided, however, the limitation on determining a
17		differential diagnosis shall not in any manner limit a physical
18		therapist licensed under this Act from performing an evaluation
19		pursuant to such license. Nothing in this Section shall limit a
20		physical therapist from employing appropriate physical therapy
21		techniques that he or she is educated and licensed to perform.
22		A physical therapist shall refer to a licensed physician,
23		advanced practice nurse, physician assistant, dentist,
24		podiatric physician, other physical therapist, or other health
25		care provider any patient whose medical condition should, at
26		the time of evaluation or treatment, be determined to be beyond

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1		the scope of practice of the physical therapist.
2		(2) "Physical therapist" means a person who practices
3		physical therapy and who has met all requirements as provided
4		in this Act.
5		(3) "Department" means the Department of Professional
6		Regulation.
7		(4) "Director" means the Director of Professional
8		Regulation.
9		(5) "Board" means the Physical Therapy Licensing and
10		Disciplinary Board approved by the Director.
11		(6) "Referral" means a written or oral authorization for
12		physical therapy services for a patient by a physician,
13		dentist, advanced practice nurse, physician assistant, or
14		podiatric physician who maintains medical supervision of the
15		patient and makes a diagnosis or verifies that the patient's
16		condition is such that it may be treated by a physical
17		therapist.
18		(7) "Documented current and relevant diagnosis" for the
19		purpose of this Act means a diagnosis, substantiated by
20		signature or oral verification of a physician, dentist,
21		advanced practice nurse, physician assistant, or podiatric
22		physician, that a patient's condition is such that it may be
23		treated by physical therapy as defined in this Act, which
24		diagnosis shall remain in effect until changed by the
25		physician, dentist, advanced practice nurse, physician
26		assistant, or podiatric physician.

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1		(8) "State" includes:
2		(a) the states of the United States of America;
3		(b) the District of Columbia; and
4		(c) the Commonwealth of Puerto Rico.
5		(9) "Physical therapist assistant" means a person licensed
6		to assist a physical therapist and who has met all requirements
7		as provided in this Act and who works under the supervision of
8		a licensed physical therapist to assist in implementing the
9		physical therapy treatment program as established by the
10		licensed physical therapist. The patient care activities
11		provided by the physical therapist assistant shall not include
12		the interpretation of referrals, evaluation procedures, or the
13		planning or major modification of patient programs.
14		(10) "Physical therapy aide" means a person who has
15		received on the job training, specific to the facility in which
16		he is employed.
17		(11) "Advanced practice nurse" means a person licensed as
18		an advanced practice nurse under the Nurse Practice Act.
19		(12) "Physician assistant" means a person licensed under
20		the Physician Assistant Practice Act of 1987.
21		(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
22		99-229, eff. 8-3-15; revised 10-21-15.)
23		Section 355. The Respiratory Care Practice Act is amended
24		by changing Sections 10 and 115 as follows:

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1		(225 ILCS 106/10)
2		(Section scheduled to be repealed on January 1, 2026)
3		Sec. 10. Definitions. In this Act:
4		"Address of record" means the designated address recorded
5		by the Department in the applicant's or licensee's application
6		file or license file as maintained by the Department's
7		licensure maintenance unit. It is the duty of the applicant or
8		licensee to inform the Department of any change of address and
9		those changes must be made either through the Department's
10		website or by contacting the Department.
11		"Advanced practice nurse" means an advanced practice nurse
12		licensed under the Nurse Practice Act.
13		"Board" means the Respiratory Care Board appointed by the
14		Secretary.
15		"Basic respiratory care activities" means and includes all
16		of the following activities:
17		(1) Cleaning, disinfecting, and sterilizing equipment
18		used in the practice of respiratory care as delegated by a
19		licensed health care professional or other authorized
20		licensed personnel.
21		(2) Assembling equipment used in the practice of
22		respiratory care as delegated by a licensed health care
23		professional or other authorized licensed personnel.
24		(3) Collecting and reviewing patient data through
25		non-invasive means, provided that the collection and
26		review does not include the individual's interpretation of

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1		the clinical significance of the data. Collecting and
2		reviewing patient data includes the performance of pulse
3		oximetry and non-invasive monitoring procedures in order
4		to obtain vital signs and notification to licensed health
5		care professionals and other authorized licensed personnel
6		in a timely manner.
7		(4) Maintaining a nasal cannula or face mask for oxygen
8		therapy in the proper position on the patient's face.
9		(5) Assembling a nasal cannula or face mask for oxygen
10		therapy at patient bedside in preparation for use.
11		(6) Maintaining a patient's natural airway by
12		physically manipulating the jaw and neck, suctioning the
13		oral cavity, or suctioning the mouth or nose with a bulb
14		syringe.
15		(7) Performing assisted ventilation during emergency
16		resuscitation using a manual resuscitator.
17		(8) Using a manual resuscitator at the direction of a
18		licensed health care professional or other authorized
19		licensed personnel who is present and performing routine
20		airway suctioning. These activities do not include care of
21		a patient's artificial airway or the adjustment of
22		mechanical ventilator settings while a patient is
23		connected to the ventilator.
24		"Basic respiratory care activities" does not mean activities
25		that involve any of the following:
26		(1) Specialized knowledge that results from a course of

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1		education or training in respiratory care.
2		(2) An unreasonable risk of a negative outcome for the
3		patient.
4		(3) The assessment or making of a decision concerning
5		patient care.
6		(4) The administration of aerosol medication or
7		medical gas.
8		(5) The insertion and maintenance of an artificial
9		airway.
10		(6) Mechanical ventilatory support.
11		(7) Patient assessment.
12		(8) Patient education.
13		(9) The transferring of oxygen devices, for purposes of
14		patient transport, with a liter flow greater than 6 liters
15		per minute, and the transferring of oxygen devices at any
16		liter flow being delivered to patients less than 12 years
17		of age.
18		"Department" means the Department of Financial and
19		Professional Regulation.
20		"Licensed" means that which is required to hold oneself out
21		as a respiratory care practitioner as defined in this Act.
22		"Licensed health care professional" means a physician
23		licensed to practice medicine in all its branches, a licensed
24		advanced practice nurse, or a licensed physician assistant.
25		"Order" means a written, oral, or telecommunicated
26		authorization for respiratory care services for a patient by

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1		(i) a licensed health care professional who maintains medical
2		supervision of the patient and makes a diagnosis or verifies
3		that the patient's condition is such that it may be treated by
4		a respiratory care practitioner or (ii) a certified registered
5		nurse anesthetist in a licensed hospital or ambulatory surgical
6		treatment center.
7		"Other authorized licensed personnel" means a licensed
8		respiratory care practitioner, a licensed registered nurse, or
9		a licensed practical nurse whose scope of practice authorizes
10		the professional to supervise an individual who is not
11		licensed, certified, or registered as a health professional.
12		"Proximate supervision" means a situation in which an
13		individual is responsible for directing the actions of another
14		individual in the facility and is physically close enough to be
15		readily available, if needed, by the supervised individual.
16		"Respiratory care" and "cardiorespiratory care" mean
17		preventative services, evaluation and assessment services,
18		therapeutic services, cardiopulmonary disease management, and
19		rehabilitative services under the order of a licensed health
20		care professional for an individual with a disorder, disease,
21		or abnormality of the cardiopulmonary system. These terms
22		include, but are not limited to, measuring, observing,
23		assessing, and monitoring signs and symptoms, reactions,
24		general behavior, and general physical response of individuals
25		to respiratory care services, including the determination of
26		whether those signs, symptoms, reactions, behaviors, or

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1		general physical responses exhibit abnormal characteristics;
2		the administration of pharmacological and therapeutic agents
3		and procedures related to respiratory care services; the
4		collection of blood specimens and other bodily fluids and
5		tissues for, and the performance of, cardiopulmonary
6		diagnostic testing procedures, including, but not limited to,
7		blood gas analysis; development, implementation, and
8		modification of respiratory care treatment plans based on
9		assessed abnormalities of the cardiopulmonary system,
10		respiratory care guidelines, referrals, and orders of a
11		licensed health care professional; application, operation, and
12		management of mechanical ventilatory support and other means of
13		life support, including, but not limited to, hemodynamic
14		cardiovascular support; and the initiation of emergency
15		procedures under the rules promulgated by the Department. A
16		respiratory care practitioner shall refer to a physician
17		licensed to practice medicine in all its branches any patient
18		whose condition, at the time of evaluation or treatment, is
19		determined to be beyond the scope of practice of the
20		respiratory care practitioner.
21		"Respiratory care education program" means a course of
22		academic study leading to eligibility for registry or
23		certification in respiratory care. The training is to be
24		approved by an accrediting agency recognized by the Board and
25		shall include an evaluation of competence through a
26		standardized testing mechanism that is determined by the Board

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1		to be both valid and reliable.
2		"Respiratory care practitioner" means a person who is
3		licensed by the Department of Professional Regulation and meets
4		all of the following criteria:
5		(1) The person is engaged in the practice of
6		cardiorespiratory care and has the knowledge and skill
7		necessary to administer respiratory care.
8		(2) The person is capable of serving as a resource to
9		the licensed health care professional in relation to the
10		technical aspects of cardiorespiratory care and the safe
11		and effective methods for administering cardiorespiratory
12		care modalities.
13		(3) The person is able to function in situations of
14		unsupervised patient contact requiring great individual
15		judgment.
16		"Secretary" means the Secretary of Financial and
17		Professional Regulation.
18		(Source: P.A. 99-173, eff. 7-29-15; 99-230, eff. 8-3-15;
19		revised 10-20-15.)
20		(225 ILCS 106/115)
21		(Section scheduled to be repealed on January 1, 2026)
22		Sec. 115. Subpoena; depositions; oaths. The Department has
23		the power to subpoena and to bring before it any person,
24		exhibit, book, document, record, file, or any other material
25		and to take testimony either orally or by deposition, or both,

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1		with the same fees and mileage and in the same manner as
2		prescribed proscribed in civil cases in the courts of this
3		State.
4		The Secretary, the designated hearing officer, and every
5		member of the Board has the power to administer oaths to
6		witnesses at any hearing which the Department is authorized to
7		conduct, and any other oaths authorized in any Act administered
8		by the Department.
9		(Source: P.A. 99-230, eff. 8-3-15; revised 10-21-15.)
10		Section 360. The Perfusionist Practice Act is amended by
11		changing Section 125 as follows:
12		(225 ILCS 125/125)
13		(Section scheduled to be repealed on January 1, 2020)
14		Sec. 125. Record of proceedings. The Department, at its
15		expense, shall preserve a record of all proceedings at a formal
16		hearing conducted pursuant to Section 120 of this Act. The
17		notice of hearing, complaint, and all other documents in the
18		nature of pleadings and written motions filed in the
19		proceedings, the transcript of testimony, the report of the
20		Board or hearing officer, and orders of the Department shall be
21		the record of the proceeding. The Department shall supply a
22		transcript of the record to a person interested in the hearing
23		on payment of the fee required under Section 2105-115 of the
24		Department of Professional Regulation Law Section 60f of the

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1		Civil Administrative Code of Illinois.
2		(Source: P.A. 91-580, eff. 1-1-00; revised 10-16-15.)
3		Section 365. The Barber, Cosmetology, Esthetics, Hair
4		Braiding, and Nail Technology Act of 1985 is amended by
5		changing Section 2-4 as follows:
6		(225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
7		(Section scheduled to be repealed on January 1, 2026)
8		Sec. 2-4. Licensure as a barber teacher; qualifications. A
9		person is qualified to receive a license as a barber teacher if
10		that person files an application on forms provided by the
11		Department, pays the required fee, and:
12		a. Is at least 18 years of age;
13		b. Has graduated from high school or its equivalent;
14		c. Has a current license as a barber or cosmetologist;
15		d. Has graduated from a barber school or school of
16		cosmetology approved by the Department having:
17		(1) completed a total of 500 hours in barber
18		teacher training extending over a period of not less
19		than 3 months nor more than 2 years and has had 3 years
20		of practical experience as a licensed barber;
21		(2) completed a total of 1,000 hours of barber
22		teacher training extending over a period of not less
23		than 6 months nor more than 2 years; or
24		(3) completed the cosmetology teacher training as

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1		specified in paragraph (4) of subsection (a) of Section
2		3-4 of this Act and completed a supplemental barbering
3		course as established by rule;
4		e. Has passed an examination authorized by the
5		Department to determine fitness to receive a license as a
6		barber teacher or a cosmetology teacher; and
7		f. Has met any other requirements set forth in this
8		Act.
9		An applicant who is issued a license as a barber teacher is
10		not required to maintain a barber license in order to practice
11		barbering as defined in this Act.
12		(Source: P.A. 98-911, eff. 1-1-15; 99-78, eff. 7-20-15; 99-427,
13		eff. 8-21-15; revised 10-19-15.)
14		Section 370. The Collection Agency Act is amended by
15		changing Section 2.04 as follows:
16		(225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
17		(Section scheduled to be repealed on January 1, 2026)
18		Sec. 2.04. Child support debt.
19		(a) Collection agencies engaged in the business of
20		collecting child support debt owing under a court order as
21		provided under the Illinois Public Aid Code, the Illinois
22		Marriage and Dissolution of Marriage Act, the Non-Support
23		Punishment Act, the Illinois Parentage Act of 1984, the
24		Illinois Parentage Act of 2015, or similar laws of other states

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1		are not restricted (i) in the frequency of contact with an
2		obligor who is in arrears, whether by phone, mail, or other
3		means, (ii) from contacting the employer of an obligor who is
4		in arrears, (iii) from publishing or threatening to publish a
5		list of obligors in arrears, (iv) from disclosing or
6		threatening to disclose an arrearage that the obligor disputes,
7		but for which a verified notice of delinquency has been served
8		under the Income Withholding for Support Act (or any of its
9		predecessors, Section 10-16.2 of the Illinois Public Aid Code,
10		Section 706.1 of the Illinois Marriage and Dissolution of
11		Marriage Act, Section 22 of the Non-Support Punishment Act,
12		Section 26.1 of the Revised Uniform Reciprocal Enforcement of
13		Support Act, or Section 20 of the Illinois Parentage Act of
14		1984), or (v) from engaging in conduct that would not cause a
15		reasonable person mental or physical illness. For purposes of
16		this subsection, "obligor" means an individual who owes a duty
17		to make periodic payments, under a court order, for the support
18		of a child. "Arrearage" means the total amount of an obligor's
19		unpaid child support obligations.
20		(a-5) A collection agency may not impose a fee or charge,
21		including costs, for any child support payments collected
22		through the efforts of a federal, State, or local government
23		agency, including but not limited to child support collected
24		from federal or State tax refunds, unemployment benefits, or
25		Social Security benefits.
26		No collection agency that collects child support payments

HB5540 Enrolled - 829 - LRB099 16003 AMC 40320 b
1		shall (i) impose a charge or fee, including costs, for
2		collection of a current child support payment, (ii) fail to
3		apply collections to current support as specified in the order
4		for support before applying collection to arrears or other
5		amounts, or (iii) designate a current child support payment as
6		arrears or other amount owed. In all circumstances, the
7		collection agency shall turn over to the obligee all support
8		collected in a month up to the amount of current support
9		required to be paid for that month.
10		As to any fees or charges, including costs, retained by the
11		collection agency, that agency shall provide documentation to
12		the obligee demonstrating that the child support payments
13		resulted from the actions of the agency.
14		After collection of the total amount or arrearage,
15		including statutory interest, due as of the date of execution
16		of the collection contract, no further fees may be charged.
17		(a-10) The Department shall determine a fee rate of not
18		less than 25% but not greater than 35%, based upon presentation
19		by the licensees as to costs to provide the service and a fair
20		rate of return. This rate shall be established by
21		administrative rule.
22		Without prejudice to the determination by the Department of
23		the appropriate rate through administrative rule, a collection
24		agency shall impose a fee of not more than 29% of the amount of
25		child support actually collected by the collection agency
26		subject to the provisions of subsection (a-5). This interim

HB5540 Enrolled - 830 - LRB099 16003 AMC 40320 b
1		rate is based upon the March 2002 General Account Office report
2		"Child Support Enforcement", GAO-02-349. This rate shall apply
3		until a fee rate is established by administrative rule.
4		(b) The Department shall adopt rules necessary to
5		administer and enforce the provisions of this Section.
6		(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; revised
7		10-21-15.)
8		Section 375. The Illinois Livestock Dealer Licensing Act is
9		amended by changing Section 9 as follows:
10		(225 ILCS 645/9) (from Ch. 111, par. 409)
11		Sec. 9. The Department may refuse to issue or renew or may
12		suspend or revoke a license on any of the following grounds:
13		a. Material misstatement in the application for
14		original license or in the application for any renewal
15		license under this Act;
16		b. Wilful disregard or violation of this Act, or of any
17		other Act relative to the purchase and sale of livestock,
18		feeder swine or horses, or of any regulation or rule issued
19		pursuant thereto;
20		c. Wilfully aiding or abetting another in the violation
21		of this Act or of any regulation or rule issued pursuant
22		thereto;
23		d. Allowing one's license under this Act to be used by
24		an unlicensed person;

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1		e. Conviction of any felony, if the Department
2		determines, after investigation, that such person has not
3		been sufficiently rehabilitated to warrant the public
4		trust;
5		f. Conviction of any crime an essential element of
6		which is misstatement, fraud or dishonesty;
7		g. Conviction of a violation of any law in Illinois or
8		any Departmental rule or regulation relating to livestock;
9		h. Making substantial misrepresentations or false
10		promises of a character likely to influence, persuade or
11		induce in connection with the livestock industry;
12		i. Pursuing a continued course of misrepresentation of
13		or making false promises through advertising, salesmen,
14		agents or otherwise in connection with the livestock
15		industry;
16		j. Failure to possess the necessary qualifications or
17		to meet the requirements of this Act for the issuance or
18		holding a license;
19		k. Failure to pay for livestock after purchase;
20		l. Issuance of checks for payment of livestock when
21		funds are insufficient;
22		m. Determination by a Department audit that the
23		licensee or applicant is insolvent;
24		n. Operating without adequate bond coverage or its
25		equivalent required for licensees; .
26		o. Failing to remit the assessment required in Section

HB5540 Enrolled - 832 - LRB099 16003 AMC 40320 b
1		9 of the Beef Market Development Act upon written complaint
2		of the Checkoff Division of the Illinois Beef Association
3		Board of Governors.
4		The Department may refuse to issue or may suspend the
5		license of any person who fails to file a return, or to pay the
6		tax, penalty or interest shown in a filed return, or to pay any
7		final assessment of tax, penalty or interest, as required by
8		any tax Act administered by the Illinois Department of Revenue,
9		until such time as the requirements of any such tax Act are
10		satisfied.
11		(Source: P.A. 99-389, eff. 8-18-15; revised 10-20-15.)
12		Section 380. The Raffles and Poker Runs Act is amended by
13		changing Section 1 as follows:
14		(230 ILCS 15/1) (from Ch. 85, par. 2301)
15		Sec. 1. Definitions. For the purposes of this Act the terms
16		defined in this Section have the meanings given them.
17		"Net proceeds" means the gross receipts from the conduct of
18		raffles, less reasonable sums expended for prizes, local
19		license fees and other reasonable operating expenses incurred
20		as a result of operating a raffle or poker run.
21		"Key location" means the location where the poker run
22		concludes and the prize or prizes are awarded.
23		"Poker run" means a prize-awarding event organized by an
24		organization licensed under this Act in which participants

HB5540 Enrolled - 833 - LRB099 16003 AMC 40320 b
1		travel to multiple predetermined locations, including a key
2		location, to play a randomized game based on an element of
3		chance. "Poker run" includes dice runs, marble runs, or other
4		events where the objective is to build the best hand or highest
5		score by obtaining an item or playing a randomized game at each
6		location.
7		"Raffle" means a form of lottery, as defined in Section
8		28-2(b) of the Criminal Code of 2012, conducted by an
9		organization licensed under this Act, in which:
10		(1) the player pays or agrees to pay something of value
11		for a chance, represented and differentiated by a number or
12		by a combination of numbers or by some other medium, one or
13		more of which chances is to be designated the winning
14		chance;
15		(2) the winning chance is to be determined through a
16		drawing or by some other method based on an element of
17		chance by an act or set of acts on the part of persons
18		conducting or connected with the lottery, except that the
19		winning chance shall not be determined by the outcome of a
20		publicly exhibited sporting contest.
21		"Raffle" does not include a savings promotion raffle
22		authorized under Section 5g of the Illinois Banking Act,
23		Section 7008 of the Savings Bank Act, Section 42.7 of the
24		Illinois Credit Union Act, Section 5136B of the National Bank
25		Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act
26		(12 U.S.C. 1463).

HB5540 Enrolled - 834 - LRB099 16003 AMC 40320 b
1		(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16;
2		99-405, eff. 8-19-15; revised 10-19-15.)
3		Section 385. The Bingo License and Tax Act is amended by
4		changing Section 1.3 as follows:
5		(230 ILCS 25/1.3)
6		Sec. 1.3. Restrictions on licensure. Licensing for the
7		conducting of bingo is subject to the following restrictions:
8		(1) The license application, when submitted to the
9		Department, must contain a sworn statement attesting to the
10		not-for-profit character of the prospective licensee
11		organization, signed by a person listed on the application
12		as an owner, officer, or other person in charge of the
13		necessary day-to-day operations of that organization.
14		(2) The license application shall be prepared in
15		accordance with the rules of the Department.
16		(3) The licensee shall prominently display the license
17		in the area where the licensee conducts bingo. The licensee
18		shall likewise display, in the form and manner as
19		prescribed by the Department, the provisions of Section 8
20		of this Act.
21		(4) Each license shall state the day of the week, hours
22		and at which location the licensee is permitted to conduct
23		bingo games.
24		(5) A license is not assignable or transferable.

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1		(6) A license authorizes the licensee to conduct the
2		game commonly known as bingo, in which prizes are awarded
3		on the basis of designated numbers or symbols on a card
4		conforming to numbers or symbols selected at random.
5		(7) The Department may, on special application made by
6		any organization having a bingo license, issue a special
7		permit for conducting bingo on other days not exceeding 5
8		consecutive days, except that a licensee may conduct bingo
9		at the Illinois State Fair or any county fair held in
10		Illinois during each day that the fair is held, without a
11		fee. Bingo games conducted at the Illinois State Fair or a
12		county fair shall not require a special permit. No more
13		than 2 special permits may be issued in one year to any one
14		organization.
15		(8) Any organization qualified for a license but not
16		holding one may, upon application and payment of a
17		nonrefundable fee of $50, receive a limited license to
18		conduct bingo games at no more than 2 indoor or outdoor
19		festivals in a year for a maximum of 5 consecutive days on
20		each occasion. No more than 2 limited licenses under this
21		item (7) may be issued to any organization in any year. A
22		limited license must be prominently displayed at the site
23		where the bingo games are conducted.
24		(9) Senior citizens organizations and units of local
25		government may conduct bingo without a license or fee,
26		subject to the following conditions:

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1		(A) bingo shall be conducted only (i) at a facility
2		that is owned by a unit of local government to which
3		the corporate authorities have given their approval
4		and that is used to provide social services or a
5		meeting place to senior citizens, (ii) in common areas
6		in multi-unit federally assisted rental housing
7		maintained solely for elderly persons and persons with
8		disabilities, or (iii) at a building owned by a church
9		or veterans organization;
10		(B) the price paid for a single card shall not
11		exceed 50 cents;
12		(C) the aggregate retail value of all prizes or
13		merchandise awarded in any one game of bingo shall not
14		exceed $10;
15		(D) no person or organization shall participate in
16		the management or operation of bingo under this item
17		(9) if the person or organization would be ineligible
18		for a license under this Section; and
19		(E) no license is required to provide premises for
20		bingo conducted under this item (9).
21		(10) Bingo equipment shall not be used for any purpose
22		other than for the play of bingo.
23		(Source: P.A. 99-143, eff. 7-27-15; 99-177, eff. 7-29-15;
24		revised 10-19-15.)
25		Section 390. The Liquor Control Act of 1934 is amended by

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1		setting forth and renumbering multiple versions of Section
2		1-3.40 and by changing Sections 5-1, 6-4, and 6-11 as follows:
3		(235 ILCS 5/1-3.40)
4		Sec. 1-3.40. Manufacturer class license holder.
5		"Manufacturer class license holder" means any holder of a
6		Manufacturer's license as provided in Section 5-1 of this Act.
7		The Manufacturer's licenses are: a Class 1. Distiller, a Class
8		2. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine
9		Manufacturer, a Class 5. Second Class Wine Manufacturer, a
10		Class 6. First Class Winemaker, a Class 7. Second Class
11		Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9.
12		Craft Distiller, and a Class 10. Craft Brewer and any future
13		Manufacturer's licenses established by law.
14		(Source: P.A. 99-282, eff. 8-5-15.)
15		(235 ILCS 5/1-3.42)
16		Sec. 1-3.42 1-3.40. Class 2 brewer. "Class 2 brewer" means
17		a person who is a holder of a brewer license or non-resident
18		dealer license who manufactures up to 3,720,000 gallons of beer
19		per year for sale to a licensed importing distributor or
20		distributor.
21		(Source: P.A. 99-448, eff. 8-24-15; revised 10-28-15.)
22		(235 ILCS 5/5-1) (from Ch. 43, par. 115)
23		Sec. 5-1. Licenses issued by the Illinois Liquor Control

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1		Commission shall be of the following classes:
2		(a) Manufacturer's license - Class 1. Distiller, Class 2.
3		Rectifier, Class 3. Brewer, Class 4. First Class Wine
4		Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
5		First Class Winemaker, Class 7. Second Class Winemaker, Class
6		8. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
7		10. Class 1 Brewer, Class 11. Class 2 Brewer,
8		(b) Distributor's license,
9		(c) Importing Distributor's license,
10		(d) Retailer's license,
11		(e) Special Event Retailer's license (not-for-profit),
12		(f) Railroad license,
13		(g) Boat license,
14		(h) Non-Beverage User's license,
15		(i) Wine-maker's premises license,
16		(j) Airplane license,
17		(k) Foreign importer's license,
18		(l) Broker's license,
19		(m) Non-resident dealer's license,
20		(n) Brew Pub license,
21		(o) Auction liquor license,
22		(p) Caterer retailer license,
23		(q) Special use permit license,
24		(r) Winery shipper's license.
25		No person, firm, partnership, corporation, or other legal
26		business entity that is engaged in the manufacturing of wine

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1		may concurrently obtain and hold a wine-maker's license and a
2		wine manufacturer's license.
3		(a) A manufacturer's license shall allow the manufacture,
4		importation in bulk, storage, distribution and sale of
5		alcoholic liquor to persons without the State, as may be
6		permitted by law and to licensees in this State as follows:
7		Class 1. A Distiller may make sales and deliveries of
8		alcoholic liquor to distillers, rectifiers, importing
9		distributors, distributors and non-beverage users and to no
10		other licensees.
11		Class 2. A Rectifier, who is not a distiller, as defined
12		herein, may make sales and deliveries of alcoholic liquor to
13		rectifiers, importing distributors, distributors, retailers
14		and non-beverage users and to no other licensees.
15		Class 3. A Brewer may make sales and deliveries of beer to
16		importing distributors and distributors and may make sales as
17		authorized under subsection (e) of Section 6-4 of this Act.
18		Class 4. A first class wine-manufacturer may make sales and
19		deliveries of up to 50,000 gallons of wine to manufacturers,
20		importing distributors and distributors, and to no other
21		licensees.
22		Class 5. A second class Wine manufacturer may make sales
23		and deliveries of more than 50,000 gallons of wine to
24		manufacturers, importing distributors and distributors and to
25		no other licensees.
26		Class 6. A first-class wine-maker's license shall allow the

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1		manufacture of up to 50,000 gallons of wine per year, and the
2		storage and sale of such wine to distributors in the State and
3		to persons without the State, as may be permitted by law. A
4		person who, prior to June 1, 2008 (the effective date of Public
5		Act 95-634) this amendatory Act of the 95th General Assembly,
6		is a holder of a first-class wine-maker's license and annually
7		produces more than 25,000 gallons of its own wine and who
8		distributes its wine to licensed retailers shall cease this
9		practice on or before July 1, 2008 in compliance with Public
10		Act 95-634 this amendatory Act of the 95th General Assembly.
11		Class 7. A second-class wine-maker's license shall allow
12		the manufacture of between 50,000 and 150,000 gallons of wine
13		per year, and the storage and sale of such wine to distributors
14		in this State and to persons without the State, as may be
15		permitted by law. A person who, prior to June 1, 2008 (the
16		effective date of Public Act 95-634) this amendatory Act of the
17		95th General Assembly, is a holder of a second-class
18		wine-maker's license and annually produces more than 25,000
19		gallons of its own wine and who distributes its wine to
20		licensed retailers shall cease this practice on or before July
21		1, 2008 in compliance with Public Act 95-634 this amendatory
22		Act of the 95th General Assembly.
23		Class 8. A limited wine-manufacturer may make sales and
24		deliveries not to exceed 40,000 gallons of wine per year to
25		distributors, and to non-licensees in accordance with the
26		provisions of this Act.

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1		Class 9. A craft distiller license shall allow the
2		manufacture of up to 30,000 gallons of spirits by distillation
3		for one year after March 1, 2013 (the effective date of Public
4		Act 97-1166) this amendatory Act of the 97th General Assembly
5		and up to 35,000 gallons of spirits by distillation per year
6		thereafter and the storage of such spirits. If a craft
7		distiller licensee is not affiliated with any other
8		manufacturer, then the craft distiller licensee may sell such
9		spirits to distributors in this State and up to 2,500 gallons
10		of such spirits to non-licensees to the extent permitted by any
11		exemption approved by the Commission pursuant to Section 6-4 of
12		this Act.
13		Any craft distiller licensed under this Act who on July 28,
14		2010 (the effective date of Public Act 96-1367) this amendatory
15		Act of the 96th General Assembly was licensed as a distiller
16		and manufactured no more spirits than permitted by this Section
17		shall not be required to pay the initial licensing fee.
18		Class 10. A class 1 brewer license, which may only be
19		issued to a licensed brewer or licensed non-resident dealer,
20		shall allow the manufacture of up to 930,000 gallons of beer
21		per year provided that the class 1 brewer licensee does not
22		manufacture more than a combined 930,000 gallons of beer per
23		year and is not a member of or affiliated with, directly or
24		indirectly, a manufacturer that produces more than 930,000
25		gallons of beer per year or any other alcoholic liquor. A class
26		1 brewer licensee may make sales and deliveries to importing

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1		distributors and distributors and to retail licensees in
2		accordance with the conditions set forth in paragraph (18) of
3		subsection (a) of Section 3-12 of this Act.
4		Class 11. A class 2 brewer license, which may only be
5		issued to a licensed brewer or licensed non-resident dealer,
6		shall allow the manufacture of up to 3,720,000 gallons of beer
7		per year provided that the class 2 brewer licensee does not
8		manufacture more than a combined 3,720,000 gallons of beer per
9		year and is not a member of or affiliated with, directly or
10		indirectly, a manufacturer that produces more than 3,720,000
11		gallons of beer per year or any other alcoholic liquor. A class
12		2 brewer licensee may make sales and deliveries to importing
13		distributors and distributors, but shall not make sales or
14		deliveries to any other licensee. If the State Commission
15		provides prior approval, a class 2 brewer licensee may annually
16		transfer up to 3,720,000 gallons of beer manufactured by that
17		class 2 brewer licensee to the premises of a licensed class 2
18		brewer wholly owned and operated by the same licensee.
19		(a-1) A manufacturer which is licensed in this State to
20		make sales or deliveries of alcoholic liquor to licensed
21		distributors or importing distributors and which enlists
22		agents, representatives, or individuals acting on its behalf
23		who contact licensed retailers on a regular and continual basis
24		in this State must register those agents, representatives, or
25		persons acting on its behalf with the State Commission.
26		Registration of agents, representatives, or persons acting

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1		on behalf of a manufacturer is fulfilled by submitting a form
2		to the Commission. The form shall be developed by the
3		Commission and shall include the name and address of the
4		applicant, the name and address of the manufacturer he or she
5		represents, the territory or areas assigned to sell to or
6		discuss pricing terms of alcoholic liquor, and any other
7		questions deemed appropriate and necessary. All statements in
8		the forms required to be made by law or by rule shall be deemed
9		material, and any person who knowingly misstates any material
10		fact under oath in an application is guilty of a Class B
11		misdemeanor. Fraud, misrepresentation, false statements,
12		misleading statements, evasions, or suppression of material
13		facts in the securing of a registration are grounds for
14		suspension or revocation of the registration. The State
15		Commission shall post a list of registered agents on the
16		Commission's website.
17		(b) A distributor's license shall allow the wholesale
18		purchase and storage of alcoholic liquors and sale of alcoholic
19		liquors to licensees in this State and to persons without the
20		State, as may be permitted by law.
21		(c) An importing distributor's license may be issued to and
22		held by those only who are duly licensed distributors, upon the
23		filing of an application by a duly licensed distributor, with
24		the Commission and the Commission shall, without the payment of
25		any fee, immediately issue such importing distributor's
26		license to the applicant, which shall allow the importation of

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1		alcoholic liquor by the licensee into this State from any point
2		in the United States outside this State, and the purchase of
3		alcoholic liquor in barrels, casks or other bulk containers and
4		the bottling of such alcoholic liquors before resale thereof,
5		but all bottles or containers so filled shall be sealed,
6		labeled, stamped and otherwise made to comply with all
7		provisions, rules and regulations governing manufacturers in
8		the preparation and bottling of alcoholic liquors. The
9		importing distributor's license shall permit such licensee to
10		purchase alcoholic liquor from Illinois licensed non-resident
11		dealers and foreign importers only.
12		(d) A retailer's license shall allow the licensee to sell
13		and offer for sale at retail, only in the premises specified in
14		the license, alcoholic liquor for use or consumption, but not
15		for resale in any form. Nothing in Public Act 95-634 this
16		amendatory Act of the 95th General Assembly shall deny, limit,
17		remove, or restrict the ability of a holder of a retailer's
18		license to transfer, deliver, or ship alcoholic liquor to the
19		purchaser for use or consumption subject to any applicable
20		local law or ordinance. Any retail license issued to a
21		manufacturer shall only permit the manufacturer to sell beer at
22		retail on the premises actually occupied by the manufacturer.
23		For the purpose of further describing the type of business
24		conducted at a retail licensed premises, a retailer's licensee
25		may be designated by the State Commission as (i) an on premise
26		consumption retailer, (ii) an off premise sale retailer, or

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1		(iii) a combined on premise consumption and off premise sale
2		retailer.
3		Notwithstanding any other provision of this subsection
4		(d), a retail licensee may sell alcoholic liquors to a special
5		event retailer licensee for resale to the extent permitted
6		under subsection (e).
7		(e) A special event retailer's license (not-for-profit)
8		shall permit the licensee to purchase alcoholic liquors from an
9		Illinois licensed distributor (unless the licensee purchases
10		less than $500 of alcoholic liquors for the special event, in
11		which case the licensee may purchase the alcoholic liquors from
12		a licensed retailer) and shall allow the licensee to sell and
13		offer for sale, at retail, alcoholic liquors for use or
14		consumption, but not for resale in any form and only at the
15		location and on the specific dates designated for the special
16		event in the license. An applicant for a special event retailer
17		license must (i) furnish with the application: (A) a resale
18		number issued under Section 2c of the Retailers' Occupation Tax
19		Act or evidence that the applicant is registered under Section
20		2a of the Retailers' Occupation Tax Act, (B) a current, valid
21		exemption identification number issued under Section 1g of the
22		Retailers' Occupation Tax Act, and a certification to the
23		Commission that the purchase of alcoholic liquors will be a
24		tax-exempt purchase, or (C) a statement that the applicant is
25		not registered under Section 2a of the Retailers' Occupation
26		Tax Act, does not hold a resale number under Section 2c of the

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1		Retailers' Occupation Tax Act, and does not hold an exemption
2		number under Section 1g of the Retailers' Occupation Tax Act,
3		in which event the Commission shall set forth on the special
4		event retailer's license a statement to that effect; (ii)
5		submit with the application proof satisfactory to the State
6		Commission that the applicant will provide dram shop liability
7		insurance in the maximum limits; and (iii) show proof
8		satisfactory to the State Commission that the applicant has
9		obtained local authority approval.
10		(f) A railroad license shall permit the licensee to import
11		alcoholic liquors into this State from any point in the United
12		States outside this State and to store such alcoholic liquors
13		in this State; to make wholesale purchases of alcoholic liquors
14		directly from manufacturers, foreign importers, distributors
15		and importing distributors from within or outside this State;
16		and to store such alcoholic liquors in this State; provided
17		that the above powers may be exercised only in connection with
18		the importation, purchase or storage of alcoholic liquors to be
19		sold or dispensed on a club, buffet, lounge or dining car
20		operated on an electric, gas or steam railway in this State;
21		and provided further, that railroad licensees exercising the
22		above powers shall be subject to all provisions of Article VIII
23		of this Act as applied to importing distributors. A railroad
24		license shall also permit the licensee to sell or dispense
25		alcoholic liquors on any club, buffet, lounge or dining car
26		operated on an electric, gas or steam railway regularly

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1		operated by a common carrier in this State, but shall not
2		permit the sale for resale of any alcoholic liquors to any
3		licensee within this State. A license shall be obtained for
4		each car in which such sales are made.
5		(g) A boat license shall allow the sale of alcoholic liquor
6		in individual drinks, on any passenger boat regularly operated
7		as a common carrier on navigable waters in this State or on any
8		riverboat operated under the Riverboat Gambling Act, which boat
9		or riverboat maintains a public dining room or restaurant
10		thereon.
11		(h) A non-beverage user's license shall allow the licensee
12		to purchase alcoholic liquor from a licensed manufacturer or
13		importing distributor, without the imposition of any tax upon
14		the business of such licensed manufacturer or importing
15		distributor as to such alcoholic liquor to be used by such
16		licensee solely for the non-beverage purposes set forth in
17		subsection (a) of Section 8-1 of this Act, and such licenses
18		shall be divided and classified and shall permit the purchase,
19		possession and use of limited and stated quantities of
20		alcoholic liquor as follows:
21		Class 1, not to exceed ......................... 500 gallons
22		Class 2, not to exceed ....................... 1,000 gallons
23		Class 3, not to exceed ....................... 5,000 gallons
24		Class 4, not to exceed ...................... 10,000 gallons
25		Class 5, not to exceed ....................... 50,000 gallons
26		(i) A wine-maker's premises license shall allow a licensee

HB5540 Enrolled - 848 - LRB099 16003 AMC 40320 b
1		that concurrently holds a first-class wine-maker's license to
2		sell and offer for sale at retail in the premises specified in
3		such license not more than 50,000 gallons of the first-class
4		wine-maker's wine that is made at the first-class wine-maker's
5		licensed premises per year for use or consumption, but not for
6		resale in any form. A wine-maker's premises license shall allow
7		a licensee who concurrently holds a second-class wine-maker's
8		license to sell and offer for sale at retail in the premises
9		specified in such license up to 100,000 gallons of the
10		second-class wine-maker's wine that is made at the second-class
11		wine-maker's licensed premises per year for use or consumption
12		but not for resale in any form. A wine-maker's premises license
13		shall allow a licensee that concurrently holds a first-class
14		wine-maker's license or a second-class wine-maker's license to
15		sell and offer for sale at retail at the premises specified in
16		the wine-maker's premises license, for use or consumption but
17		not for resale in any form, any beer, wine, and spirits
18		purchased from a licensed distributor. Upon approval from the
19		State Commission, a wine-maker's premises license shall allow
20		the licensee to sell and offer for sale at (i) the wine-maker's
21		licensed premises and (ii) at up to 2 additional locations for
22		use and consumption and not for resale. Each location shall
23		require additional licensing per location as specified in
24		Section 5-3 of this Act. A wine-maker's premises licensee shall
25		secure liquor liability insurance coverage in an amount at
26		least equal to the maximum liability amounts set forth in

HB5540 Enrolled - 849 - LRB099 16003 AMC 40320 b
1		subsection (a) of Section 6-21 of this Act.
2		(j) An airplane license shall permit the licensee to import
3		alcoholic liquors into this State from any point in the United
4		States outside this State and to store such alcoholic liquors
5		in this State; to make wholesale purchases of alcoholic liquors
6		directly from manufacturers, foreign importers, distributors
7		and importing distributors from within or outside this State;
8		and to store such alcoholic liquors in this State; provided
9		that the above powers may be exercised only in connection with
10		the importation, purchase or storage of alcoholic liquors to be
11		sold or dispensed on an airplane; and provided further, that
12		airplane licensees exercising the above powers shall be subject
13		to all provisions of Article VIII of this Act as applied to
14		importing distributors. An airplane licensee shall also permit
15		the sale or dispensing of alcoholic liquors on any passenger
16		airplane regularly operated by a common carrier in this State,
17		but shall not permit the sale for resale of any alcoholic
18		liquors to any licensee within this State. A single airplane
19		license shall be required of an airline company if liquor
20		service is provided on board aircraft in this State. The annual
21		fee for such license shall be as determined in Section 5-3.
22		(k) A foreign importer's license shall permit such licensee
23		to purchase alcoholic liquor from Illinois licensed
24		non-resident dealers only, and to import alcoholic liquor other
25		than in bulk from any point outside the United States and to
26		sell such alcoholic liquor to Illinois licensed importing

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1		distributors and to no one else in Illinois; provided that (i)
2		the foreign importer registers with the State Commission every
3		brand of alcoholic liquor that it proposes to sell to Illinois
4		licensees during the license period, (ii) the foreign importer
5		complies with all of the provisions of Section 6-9 of this Act
6		with respect to registration of such Illinois licensees as may
7		be granted the right to sell such brands at wholesale, and
8		(iii) the foreign importer complies with the provisions of
9		Sections 6-5 and 6-6 of this Act to the same extent that these
10		provisions apply to manufacturers.
11		(l) (i) A broker's license shall be required of all persons
12		who solicit orders for, offer to sell or offer to supply
13		alcoholic liquor to retailers in the State of Illinois, or who
14		offer to retailers to ship or cause to be shipped or to make
15		contact with distillers, rectifiers, brewers or manufacturers
16		or any other party within or without the State of Illinois in
17		order that alcoholic liquors be shipped to a distributor,
18		importing distributor or foreign importer, whether such
19		solicitation or offer is consummated within or without the
20		State of Illinois.
21		No holder of a retailer's license issued by the Illinois
22		Liquor Control Commission shall purchase or receive any
23		alcoholic liquor, the order for which was solicited or offered
24		for sale to such retailer by a broker unless the broker is the
25		holder of a valid broker's license.
26		The broker shall, upon the acceptance by a retailer of the

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1		broker's solicitation of an order or offer to sell or supply or
2		deliver or have delivered alcoholic liquors, promptly forward
3		to the Illinois Liquor Control Commission a notification of
4		said transaction in such form as the Commission may by
5		regulations prescribe.
6		(ii) A broker's license shall be required of a person
7		within this State, other than a retail licensee, who, for a fee
8		or commission, promotes, solicits, or accepts orders for
9		alcoholic liquor, for use or consumption and not for resale, to
10		be shipped from this State and delivered to residents outside
11		of this State by an express company, common carrier, or
12		contract carrier. This Section does not apply to any person who
13		promotes, solicits, or accepts orders for wine as specifically
14		authorized in Section 6-29 of this Act.
15		A broker's license under this subsection (l) shall not
16		entitle the holder to buy or sell any alcoholic liquors for his
17		own account or to take or deliver title to such alcoholic
18		liquors.
19		This subsection (l) shall not apply to distributors,
20		employees of distributors, or employees of a manufacturer who
21		has registered the trademark, brand or name of the alcoholic
22		liquor pursuant to Section 6-9 of this Act, and who regularly
23		sells such alcoholic liquor in the State of Illinois only to
24		its registrants thereunder.
25		Any agent, representative, or person subject to
26		registration pursuant to subsection (a-1) of this Section shall

HB5540 Enrolled - 852 - LRB099 16003 AMC 40320 b
1		not be eligible to receive a broker's license.
2		(m) A non-resident dealer's license shall permit such
3		licensee to ship into and warehouse alcoholic liquor into this
4		State from any point outside of this State, and to sell such
5		alcoholic liquor to Illinois licensed foreign importers and
6		importing distributors and to no one else in this State;
7		provided that (i) said non-resident dealer shall register with
8		the Illinois Liquor Control Commission each and every brand of
9		alcoholic liquor which it proposes to sell to Illinois
10		licensees during the license period, (ii) it shall comply with
11		all of the provisions of Section 6-9 hereof with respect to
12		registration of such Illinois licensees as may be granted the
13		right to sell such brands at wholesale, and (iii) the
14		non-resident dealer shall comply with the provisions of
15		Sections 6-5 and 6-6 of this Act to the same extent that these
16		provisions apply to manufacturers.
17		(n) A brew pub license shall allow the licensee to only (i)
18		manufacture up to 155,000 gallons of beer per year only on the
19		premises specified in the license, (ii) make sales of the beer
20		manufactured on the premises or, with the approval of the
21		Commission, beer manufactured on another brew pub licensed
22		premises that is wholly owned and operated by the same licensee
23		to importing distributors, distributors, and to non-licensees
24		for use and consumption, (iii) store the beer upon the
25		premises, (iv) sell and offer for sale at retail from the
26		licensed premises for off-premises consumption no more than

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1		155,000 gallons per year so long as such sales are only made
2		in-person, (v) sell and offer for sale at retail for use and
3		consumption on the premises specified in the license any form
4		of alcoholic liquor purchased from a licensed distributor or
5		importing distributor, and (vi) with the prior approval of the
6		Commission, annually transfer no more than 155,000 gallons of
7		beer manufactured on the premises to a licensed brew pub wholly
8		owned and operated by the same licensee.
9		A brew pub licensee shall not under any circumstance sell
10		or offer for sale beer manufactured by the brew pub licensee to
11		retail licensees.
12		A person who holds a class 2 brewer license may
13		simultaneously hold a brew pub license if the class 2 brewer
14		(i) does not, under any circumstance, sell or offer for sale
15		beer manufactured by the class 2 brewer to retail licensees;
16		(ii) does not hold more than 3 brew pub licenses in this State;
17		(iii) does not manufacture more than a combined 3,720,000
18		gallons of beer per year, including the beer manufactured at
19		the brew pub; and (iv) is not a member of or affiliated with,
20		directly or indirectly, a manufacturer that produces more than
21		3,720,000 gallons of beer per year or any other alcoholic
22		liquor.
23		Notwithstanding any other provision of this Act, a licensed
24		brewer, class 2 brewer, or non-resident dealer who before July
25		1, 2015 manufactured less than than 3,720,000 gallons of beer
26		per year and held a brew pub license on or before July 1, 2015

HB5540 Enrolled - 854 - LRB099 16003 AMC 40320 b
1		may (i) continue to qualify for and hold that brew pub license
2		for the licensed premises and (ii) manufacture more than
3		3,720,000 gallons of beer per year and continue to qualify for
4		and hold that brew pub license if that brewer, class 2 brewer,
5		or non-resident dealer does not simultaneously hold a class 1
6		brewer license and is not a member of or affiliated with,
7		directly or indirectly, a manufacturer that produces more than
8		3,720,000 gallons of beer per year or that produces any other
9		alcoholic liquor.
10		(o) A caterer retailer license shall allow the holder to
11		serve alcoholic liquors as an incidental part of a food service
12		that serves prepared meals which excludes the serving of snacks
13		as the primary meal, either on or off-site whether licensed or
14		unlicensed.
15		(p) An auction liquor license shall allow the licensee to
16		sell and offer for sale at auction wine and spirits for use or
17		consumption, or for resale by an Illinois liquor licensee in
18		accordance with provisions of this Act. An auction liquor
19		license will be issued to a person and it will permit the
20		auction liquor licensee to hold the auction anywhere in the
21		State. An auction liquor license must be obtained for each
22		auction at least 14 days in advance of the auction date.
23		(q) A special use permit license shall allow an Illinois
24		licensed retailer to transfer a portion of its alcoholic liquor
25		inventory from its retail licensed premises to the premises
26		specified in the license hereby created, and to sell or offer

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1		for sale at retail, only in the premises specified in the
2		license hereby created, the transferred alcoholic liquor for
3		use or consumption, but not for resale in any form. A special
4		use permit license may be granted for the following time
5		periods: one day or less; 2 or more days to a maximum of 15 days
6		per location in any 12 month period. An applicant for the
7		special use permit license must also submit with the
8		application proof satisfactory to the State Commission that the
9		applicant will provide dram shop liability insurance to the
10		maximum limits and have local authority approval.
11		(r) A winery shipper's license shall allow a person with a
12		first-class or second-class wine manufacturer's license, a
13		first-class or second-class wine-maker's license, or a limited
14		wine manufacturer's license or who is licensed to make wine
15		under the laws of another state to ship wine made by that
16		licensee directly to a resident of this State who is 21 years
17		of age or older for that resident's personal use and not for
18		resale. Prior to receiving a winery shipper's license, an
19		applicant for the license must provide the Commission with a
20		true copy of its current license in any state in which it is
21		licensed as a manufacturer of wine. An applicant for a winery
22		shipper's license must also complete an application form that
23		provides any other information the Commission deems necessary.
24		The application form shall include an acknowledgement
25		consenting to the jurisdiction of the Commission, the Illinois
26		Department of Revenue, and the courts of this State concerning

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1		the enforcement of this Act and any related laws, rules, and
2		regulations, including authorizing the Department of Revenue
3		and the Commission to conduct audits for the purpose of
4		ensuring compliance with Public Act 95-634 this amendatory Act.
5		A winery shipper licensee must pay to the Department of
6		Revenue the State liquor gallonage tax under Section 8-1 for
7		all wine that is sold by the licensee and shipped to a person
8		in this State. For the purposes of Section 8-1, a winery
9		shipper licensee shall be taxed in the same manner as a
10		manufacturer of wine. A licensee who is not otherwise required
11		to register under the Retailers' Occupation Tax Act must
12		register under the Use Tax Act to collect and remit use tax to
13		the Department of Revenue for all gallons of wine that are sold
14		by the licensee and shipped to persons in this State. If a
15		licensee fails to remit the tax imposed under this Act in
16		accordance with the provisions of Article VIII of this Act, the
17		winery shipper's license shall be revoked in accordance with
18		the provisions of Article VII of this Act. If a licensee fails
19		to properly register and remit tax under the Use Tax Act or the
20		Retailers' Occupation Tax Act for all wine that is sold by the
21		winery shipper and shipped to persons in this State, the winery
22		shipper's license shall be revoked in accordance with the
23		provisions of Article VII of this Act.
24		A winery shipper licensee must collect, maintain, and
25		submit to the Commission on a semi-annual basis the total
26		number of cases per resident of wine shipped to residents of

HB5540 Enrolled - 857 - LRB099 16003 AMC 40320 b
1		this State. A winery shipper licensed under this subsection (r)
2		must comply with the requirements of Section 6-29 of this
3		amendatory Act.
4		Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
5		Section 3-12, the State Commission may receive, respond to, and
6		investigate any complaint and impose any of the remedies
7		specified in paragraph (1) of subsection (a) of Section 3-12.
8		(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;
9		98-756, eff. 7-16-14; 99-448, eff. 8-24-15; revised 10-27-15.)
10		(235 ILCS 5/6-4) (from Ch. 43, par. 121)
11		Sec. 6-4. (a) No person licensed by any licensing authority
12		as a distiller, or a wine manufacturer, or any subsidiary or
13		affiliate thereof, or any officer, associate, member, partner,
14		representative, employee, agent or shareholder owning more
15		than 5% of the outstanding shares of such person shall be
16		issued an importing distributor's or distributor's license,
17		nor shall any person licensed by any licensing authority as an
18		importing distributor, distributor or retailer, or any
19		subsidiary or affiliate thereof, or any officer or associate,
20		member, partner, representative, employee, agent or
21		shareholder owning more than 5% of the outstanding shares of
22		such person be issued a distiller's license or a wine
23		manufacturer's license; and no person or persons licensed as a
24		distiller by any licensing authority shall have any interest,
25		directly or indirectly, with such distributor or importing

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1		distributor.
2		However, an importing distributor or distributor, which on
3		January 1, 1985 is owned by a brewer, or any subsidiary or
4		affiliate thereof or any officer, associate, member, partner,
5		representative, employee, agent or shareholder owning more
6		than 5% of the outstanding shares of the importing distributor
7		or distributor referred to in this paragraph, may own or
8		acquire an ownership interest of more than 5% of the
9		outstanding shares of a wine manufacturer and be issued a wine
10		manufacturer's license by any licensing authority.
11		(b) The foregoing provisions shall not apply to any person
12		licensed by any licensing authority as a distiller or wine
13		manufacturer, or to any subsidiary or affiliate of any
14		distiller or wine manufacturer who shall have been heretofore
15		licensed by the State Commission as either an importing
16		distributor or distributor during the annual licensing period
17		expiring June 30, 1947, and shall actually have made sales
18		regularly to retailers.
19		(c) Provided, however, that in such instances where a
20		distributor's or importing distributor's license has been
21		issued to any distiller or wine manufacturer or to any
22		subsidiary or affiliate of any distiller or wine manufacturer
23		who has, during the licensing period ending June 30, 1947, sold
24		or distributed as such licensed distributor or importing
25		distributor alcoholic liquors and wines to retailers, such
26		distiller or wine manufacturer or any subsidiary or affiliate

HB5540 Enrolled - 859 - LRB099 16003 AMC 40320 b
1		of any distiller or wine manufacturer holding such
2		distributor's or importing distributor's license may continue
3		to sell or distribute to retailers such alcoholic liquors and
4		wines which are manufactured, distilled, processed or marketed
5		by distillers and wine manufacturers whose products it sold or
6		distributed to retailers during the whole or any part of its
7		licensing periods; and such additional brands and additional
8		products may be added to the line of such distributor or
9		importing distributor, provided, that such brands and such
10		products were not sold or distributed by any distributor or
11		importing distributor licensed by the State Commission during
12		the licensing period ending June 30, 1947, but can not sell or
13		distribute to retailers any other alcoholic liquors or wines.
14		(d) It shall be unlawful for any distiller licensed
15		anywhere to have any stock ownership or interest in any
16		distributor's or importing distributor's license wherein any
17		other person has an interest therein who is not a distiller and
18		does not own more than 5% of any stock in any distillery.
19		Nothing herein contained shall apply to such distillers or
20		their subsidiaries or affiliates, who had a distributor's or
21		importing distributor's license during the licensing period
22		ending June 30, 1947, which license was owned in whole by such
23		distiller, or subsidiaries or affiliates of such distiller.
24		(e) Any person licensed as a brewer, class 1 brewer, or
25		class 2 brewer shall be permitted to sell on the licensed
26		premises to non-licensees for on or off-premises consumption

HB5540 Enrolled - 860 - LRB099 16003 AMC 40320 b
1		for the premises in which he or she actually conducts such
2		business beer manufactured by the brewer, class 1 brewer, or
3		class 2 brewer. Such sales shall be limited to on-premises,
4		in-person sales only, for lawful consumption on or off
5		premises. Such authorization shall be considered a privilege
6		granted by the brewer license and, other than a manufacturer of
7		beer as stated above, no manufacturer or distributor or
8		importing distributor, excluding airplane licensees exercising
9		powers provided in paragraph (i) of Section 5-1 of this Act, or
10		any subsidiary or affiliate thereof, or any officer, associate,
11		member, partner, representative, employee or agent, or
12		shareholder shall be issued a retailer's license, nor shall any
13		person having a retailer's license, excluding airplane
14		licensees exercising powers provided in paragraph (i) of
15		Section 5-1 of this Act, or any subsidiary or affiliate
16		thereof, or any officer, associate, member, partner,
17		representative or agent, or shareholder be issued a
18		manufacturer's license or importing distributor's license.
19		A person who holds a class 1 or class 2 brewer license and
20		is authorized by this Section to sell beer to non-licensees
21		shall not sell beer to non-licensees from more than 3 total
22		brewer or commonly owned brew pub licensed locations in this
23		State. The class 1 or class 2 brewer shall designate to the
24		State Commission the brewer or brew pub locations from which it
25		will sell beer to non-licensees.
26		A person licensed as a craft distiller not affiliated with

HB5540 Enrolled - 861 - LRB099 16003 AMC 40320 b
1		any other person manufacturing spirits may be authorized by the
2		Commission to sell up to 2,500 gallons of spirits produced by
3		the person to non-licensees for on or off-premises consumption
4		for the premises in which he or she actually conducts business
5		permitting only the retail sale of spirits manufactured at such
6		premises. Such sales shall be limited to on-premises, in-person
7		sales only, for lawful consumption on or off premises, and such
8		authorization shall be considered a privilege granted by the
9		craft distiller license. A craft distiller licensed for retail
10		sale shall secure liquor liability insurance coverage in an
11		amount at least equal to the maximum liability amounts set
12		forth in subsection (a) of Section 6-21 of this Act.
13		(f) (Blank).
14		(g) Notwithstanding any of the foregoing prohibitions, a
15		limited wine manufacturer may sell at retail at its
16		manufacturing site for on or off premises consumption and may
17		sell to distributors. A limited wine manufacturer licensee
18		shall secure liquor liability insurance coverage in an amount
19		at least equal to the maximum liability amounts set forth in
20		subsection (a) of Section 6-21 of this Act.
21		(h) The changes made to this Section by Public Act 99-47
22		this amendatory Act of the 99th General Assembly shall not
23		diminish or impair the rights of any person, whether a
24		distiller, wine manufacturer, agent, or affiliate thereof, who
25		requested in writing and submitted documentation to the State
26		Commission on or before February 18, 2015 to be approved for a

HB5540 Enrolled - 862 - LRB099 16003 AMC 40320 b
1		retail license pursuant to what has heretofore been subsection
2		(f); provided that, on or before that date, the State
3		Commission considered the intent of that person to apply for
4		the retail license under that subsection and, by recorded vote,
5		the State Commission approved a resolution indicating that such
6		a license application could be lawfully approved upon that
7		person duly filing a formal application for a retail license
8		and if that person, within 90 days of the State Commission
9		appearance and recorded vote, first filed an application with
10		the appropriate local commission, which application was
11		subsequently approved by the appropriate local commission
12		prior to consideration by the State Commission of that person's
13		application for a retail license. It is further provided that
14		the State Commission may approve the person's application for a
15		retail license or renewals of such license if such person
16		continues to diligently adhere to all representations made in
17		writing to the State Commission on or before February 18, 2015,
18		or thereafter, or in the affidavit filed by that person with
19		the State Commission to support the issuance of a retail
20		license and to abide by all applicable laws and duly adopted
21		rules.
22		(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;
23		revised 10-30-15.)
24		(235 ILCS 5/6-11)
25		Sec. 6-11. Sale near churches, schools, and hospitals.

HB5540 Enrolled - 863 - LRB099 16003 AMC 40320 b
1		(a) No license shall be issued for the sale at retail of
2		any alcoholic liquor within 100 feet of any church, school
3		other than an institution of higher learning, hospital, home
4		for aged or indigent persons or for veterans, their spouses or
5		children or any military or naval station, provided, that this
6		prohibition shall not apply to hotels offering restaurant
7		service, regularly organized clubs, or to restaurants, food
8		shops or other places where sale of alcoholic liquors is not
9		the principal business carried on if the place of business so
10		exempted is not located in a municipality of more than 500,000
11		persons, unless required by local ordinance; nor to the renewal
12		of a license for the sale at retail of alcoholic liquor on
13		premises within 100 feet of any church or school where the
14		church or school has been established within such 100 feet
15		since the issuance of the original license. In the case of a
16		church, the distance of 100 feet shall be measured to the
17		nearest part of any building used for worship services or
18		educational programs and not to property boundaries.
19		(b) Nothing in this Section shall prohibit the issuance of
20		a retail license authorizing the sale of alcoholic liquor to a
21		restaurant, the primary business of which is the sale of goods
22		baked on the premises if (i) the restaurant is newly
23		constructed and located on a lot of not less than 10,000 square
24		feet, (ii) the restaurant costs at least $1,000,000 to
25		construct, (iii) the licensee is the titleholder to the
26		premises and resides on the premises, and (iv) the construction

HB5540 Enrolled - 864 - LRB099 16003 AMC 40320 b
1		of the restaurant is completed within 18 months of July 10,
2		1998 (the effective date of Public Act 90-617) this amendatory
3		Act of 1998.
4		(c) Nothing in this Section shall prohibit the issuance of
5		a retail license authorizing the sale of alcoholic liquor
6		incidental to a restaurant if (1) the primary business of the
7		restaurant consists of the sale of food where the sale of
8		liquor is incidental to the sale of food and the applicant is a
9		completely new owner of the restaurant, (2) the immediately
10		prior owner or operator of the premises where the restaurant is
11		located operated the premises as a restaurant and held a valid
12		retail license authorizing the sale of alcoholic liquor at the
13		restaurant for at least part of the 24 months before the change
14		of ownership, and (3) the restaurant is located 75 or more feet
15		from a school.
16		(d) In the interest of further developing Illinois' economy
17		in the area of commerce, tourism, convention, and banquet
18		business, nothing in this Section shall prohibit issuance of a
19		retail license authorizing the sale of alcoholic beverages to a
20		restaurant, banquet facility, grocery store, or hotel having
21		not fewer than 150 guest room accommodations located in a
22		municipality of more than 500,000 persons, notwithstanding the
23		proximity of such hotel, restaurant, banquet facility, or
24		grocery store to any church or school, if the licensed premises
25		described on the license are located within an enclosed mall or
26		building of a height of at least 6 stories, or 60 feet in the

HB5540 Enrolled - 865 - LRB099 16003 AMC 40320 b
1		case of a building that has been registered as a national
2		landmark, or in a grocery store having a minimum of 56,010
3		square feet of floor space in a single story building in an
4		open mall of at least 3.96 acres that is adjacent to a public
5		school that opened as a boys technical high school in 1934, or
6		in a grocery store having a minimum of 31,000 square feet of
7		floor space in a single story building located a distance of
8		more than 90 feet but less than 100 feet from a high school
9		that opened in 1928 as a junior high school and became a senior
10		high school in 1933, and in each of these cases if the sale of
11		alcoholic liquors is not the principal business carried on by
12		the licensee.
13		For purposes of this Section, a "banquet facility" is any
14		part of a building that caters to private parties and where the
15		sale of alcoholic liquors is not the principal business.
16		(e) Nothing in this Section shall prohibit the issuance of
17		a license to a church or private school to sell at retail
18		alcoholic liquor if any such sales are limited to periods when
19		groups are assembled on the premises solely for the promotion
20		of some common object other than the sale or consumption of
21		alcoholic liquors.
22		(f) Nothing in this Section shall prohibit a church or
23		church affiliated school located in a home rule municipality or
24		in a municipality with 75,000 or more inhabitants from locating
25		within 100 feet of a property for which there is a preexisting
26		license to sell alcoholic liquor at retail. In these instances,

HB5540 Enrolled - 866 - LRB099 16003 AMC 40320 b
1		the local zoning authority may, by ordinance adopted
2		simultaneously with the granting of an initial special use
3		zoning permit for the church or church affiliated school,
4		provide that the 100-foot restriction in this Section shall not
5		apply to that church or church affiliated school and future
6		retail liquor licenses.
7		(g) Nothing in this Section shall prohibit the issuance of
8		a retail license authorizing the sale of alcoholic liquor at
9		premises within 100 feet, but not less than 90 feet, of a
10		public school if (1) the premises have been continuously
11		licensed to sell alcoholic liquor for a period of at least 50
12		years, (2) the premises are located in a municipality having a
13		population of over 500,000 inhabitants, (3) the licensee is an
14		individual who is a member of a family that has held the
15		previous 3 licenses for that location for more than 25 years,
16		(4) the principal of the school and the alderman of the ward in
17		which the school is located have delivered a written statement
18		to the local liquor control commissioner stating that they do
19		not object to the issuance of a license under this subsection
20		(g), and (5) the local liquor control commissioner has received
21		the written consent of a majority of the registered voters who
22		live within 200 feet of the premises.
23		(h) Notwithstanding any provision of this Section to the
24		contrary, nothing in this Section shall prohibit the issuance
25		or renewal of a license authorizing the sale of alcoholic
26		liquor within premises and at an outdoor patio area attached to

HB5540 Enrolled - 867 - LRB099 16003 AMC 40320 b
1		premises that are located in a municipality with a population
2		in excess of 300,000 inhabitants and that are within 100 feet
3		of a church if:
4		(1) the sale of alcoholic liquor at the premises is
5		incidental to the sale of food,
6		(2) the sale of liquor is not the principal business
7		carried on by the licensee at the premises,
8		(3) the premises are less than 1,000 square feet,
9		(4) the premises are owned by the University of
10		Illinois,
11		(5) the premises are immediately adjacent to property
12		owned by a church and are not less than 20 nor more than 40
13		feet from the church space used for worship services, and
14		(6) the principal religious leader at the place of
15		worship has indicated his or her support for the issuance
16		of the license in writing.
17		(i) Notwithstanding any provision in this Section to the
18		contrary, nothing in this Section shall prohibit the issuance
19		or renewal of a license to sell alcoholic liquor at a premises
20		that is located within a municipality with a population in
21		excess of 300,000 inhabitants and is within 100 feet of a
22		church, synagogue, or other place of worship if:
23		(1) the primary entrance of the premises and the
24		primary entrance of the church, synagogue, or other place
25		of worship are at least 100 feet apart, on parallel
26		streets, and separated by an alley; and

HB5540 Enrolled - 868 - LRB099 16003 AMC 40320 b
1		(2) the principal religious leader at the place of
2		worship has not indicated his or her opposition to the
3		issuance or renewal of the license in writing.
4		(j) Notwithstanding any provision in this Section to the
5		contrary, nothing in this Section shall prohibit the issuance
6		of a retail license authorizing the sale of alcoholic liquor at
7		a theater that is within 100 feet of a church if (1) the church
8		owns the theater, (2) the church leases the theater to one or
9		more entities, and (3) the theater is used by at least 5
10		different not-for-profit theater groups.
11		(k) Notwithstanding any provision in this Section to the
12		contrary, nothing in this Section shall prohibit the issuance
13		or renewal of a license authorizing the sale of alcoholic
14		liquor at a premises that is located within a municipality with
15		a population in excess of 1,000,000 inhabitants and is within
16		100 feet of a school if:
17		(1) the primary entrance of the premises and the
18		primary entrance of the school are parallel, on different
19		streets, and separated by an alley;
20		(2) the southeast corner of the premises are at least
21		350 feet from the southwest corner of the school;
22		(3) the school was built in 1978;
23		(4) the sale of alcoholic liquor at the premises is
24		incidental to the sale of food;
25		(5) the sale of alcoholic liquor is not the principal
26		business carried on by the licensee at the premises;

HB5540 Enrolled - 869 - LRB099 16003 AMC 40320 b
1		(6) the applicant is the owner of the restaurant and
2		has held a valid license authorizing the sale of alcoholic
3		liquor for the business to be conducted on the premises at
4		a different location for more than 7 years; and
5		(7) the premises is at least 2,300 square feet and sits
6		on a lot that is between 6,100 and 6,150 square feet.
7		(l) Notwithstanding any provision in this Section to the
8		contrary, nothing in this Section shall prohibit the issuance
9		or renewal of a license authorizing the sale of alcoholic
10		liquor at a premises that is located within a municipality with
11		a population in excess of 1,000,000 inhabitants and is within
12		100 feet of a church or school if:
13		(1) the primary entrance of the premises and the
14		closest entrance of the church or school is at least 90
15		feet apart and no greater than 95 feet apart;
16		(2) the shortest distance between the premises and the
17		church or school is at least 80 feet apart and no greater
18		than 85 feet apart;
19		(3) the applicant is the owner of the restaurant and on
20		November 15, 2006 held a valid license authorizing the sale
21		of alcoholic liquor for the business to be conducted on the
22		premises for at least 14 different locations;
23		(4) the sale of alcoholic liquor at the premises is
24		incidental to the sale of food;
25		(5) the sale of alcoholic liquor is not the principal
26		business carried on by the licensee at the premises;

HB5540 Enrolled - 870 - LRB099 16003 AMC 40320 b
1		(6) the premises is at least 3,200 square feet and sits
2		on a lot that is between 7,150 and 7,200 square feet; and
3		(7) the principal religious leader at the place of
4		worship has not indicated his or her opposition to the
5		issuance or renewal of the license in writing.
6		(m) Notwithstanding any provision in this Section to the
7		contrary, nothing in this Section shall prohibit the issuance
8		or renewal of a license authorizing the sale of alcoholic
9		liquor at a premises that is located within a municipality with
10		a population in excess of 1,000,000 inhabitants and is within
11		100 feet of a church if:
12		(1) the premises and the church are perpendicular, and
13		the primary entrance of the premises faces South while the
14		primary entrance of the church faces West and the distance
15		between the two entrances is more than 100 feet;
16		(2) the shortest distance between the premises lot line
17		and the exterior wall of the church is at least 80 feet;
18		(3) the church was established at the current location
19		in 1916 and the present structure was erected in 1925;
20		(4) the premises is a single story, single use building
21		with at least 1,750 square feet and no more than 2,000
22		square feet;
23		(5) the sale of alcoholic liquor at the premises is
24		incidental to the sale of food;
25		(6) the sale of alcoholic liquor is not the principal
26		business carried on by the licensee at the premises; and

HB5540 Enrolled - 871 - LRB099 16003 AMC 40320 b
1		(7) the principal religious leader at the place of
2		worship has not indicated his or her opposition to the
3		issuance or renewal of the license in writing.
4		(n) Notwithstanding any provision in this Section to the
5		contrary, nothing in this Section shall prohibit the issuance
6		or renewal of a license authorizing the sale of alcoholic
7		liquor at a premises that is located within a municipality with
8		a population in excess of 1,000,000 inhabitants and is within
9		100 feet of a school if:
10		(1) the school is a City of Chicago School District 299
11		school;
12		(2) the school is located within subarea E of City of
13		Chicago Residential Business Planned Development Number
14		70;
15		(3) the sale of alcoholic liquor is not the principal
16		business carried on by the licensee on the premises;
17		(4) the sale of alcoholic liquor at the premises is
18		incidental to the sale of food; and
19		(5) the administration of City of Chicago School
20		District 299 has expressed, in writing, its support for the
21		issuance of the license.
22		(o) Notwithstanding any provision of this Section to the
23		contrary, nothing in this Section shall prohibit the issuance
24		or renewal of a retail license authorizing the sale of
25		alcoholic liquor at a premises that is located within a
26		municipality in excess of 1,000,000 inhabitants and within 100

HB5540 Enrolled - 872 - LRB099 16003 AMC 40320 b
1		feet of a church if:
2		(1) the sale of alcoholic liquor at the premises is
3		incidental to the sale of food;
4		(2) the sale of alcoholic liquor is not the principal
5		business carried on by the licensee at the premises;
6		(3) the premises is located on a street that runs
7		perpendicular to the street on which the church is located;
8		(4) the primary entrance of the premises is at least
9		100 feet from the primary entrance of the church;
10		(5) the shortest distance between any part of the
11		premises and any part of the church is at least 60 feet;
12		(6) the premises is between 3,600 and 4,000 square feet
13		and sits on a lot that is between 3,600 and 4,000 square
14		feet; and
15		(7) the premises was built in the year 1909.
16		For purposes of this subsection (o), "premises" means a
17		place of business together with a privately owned outdoor
18		location that is adjacent to the place of business.
19		(p) Notwithstanding any provision in this Section to the
20		contrary, nothing in this Section shall prohibit the issuance
21		or renewal of a license authorizing the sale of alcoholic
22		liquor at a premises that is located within a municipality with
23		a population in excess of 1,000,000 inhabitants and within 100
24		feet of a church if:
25		(1) the shortest distance between the backdoor of the
26		premises, which is used as an emergency exit, and the

HB5540 Enrolled - 873 - LRB099 16003 AMC 40320 b
1		church is at least 80 feet;
2		(2) the church was established at the current location
3		in 1889; and
4		(3) liquor has been sold on the premises since at least
5		1985.
6		(q) Notwithstanding any provision of this Section to the
7		contrary, nothing in this Section shall prohibit the issuance
8		or renewal of a license authorizing the sale of alcoholic
9		liquor within a premises that is located in a municipality with
10		a population in excess of 1,000,000 inhabitants and within 100
11		feet of a church-owned property if:
12		(1) the premises is located within a larger building
13		operated as a grocery store;
14		(2) the area of the premises does not exceed 720 square
15		feet and the area of the larger building exceeds 18,000
16		square feet;
17		(3) the larger building containing the premises is
18		within 100 feet of the nearest property line of a
19		church-owned property on which a church-affiliated school
20		is located;
21		(4) the sale of liquor is not the principal business
22		carried on within the larger building;
23		(5) the primary entrance of the larger building and the
24		premises and the primary entrance of the church-affiliated
25		school are on different, parallel streets, and the distance
26		between the 2 primary entrances is more than 100 feet;

HB5540 Enrolled - 874 - LRB099 16003 AMC 40320 b
1		(6) the larger building is separated from the
2		church-owned property and church-affiliated school by an
3		alley;
4		(7) the larger building containing the premises and the
5		church building front are on perpendicular streets and are
6		separated by a street; and
7		(8) (Blank).
8		(r) Notwithstanding any provision of this Section to the
9		contrary, nothing in this Section shall prohibit the issuance,
10		renewal, or maintenance of a license authorizing the sale of
11		alcoholic liquor incidental to the sale of food within a
12		restaurant established in a premises that is located in a
13		municipality with a population in excess of 1,000,000
14		inhabitants and within 100 feet of a church if:
15		(1) the primary entrance of the church and the primary
16		entrance of the restaurant are at least 100 feet apart;
17		(2) the restaurant has operated on the ground floor and
18		lower level of a multi-story, multi-use building for more
19		than 40 years;
20		(3) the primary business of the restaurant consists of
21		the sale of food where the sale of liquor is incidental to
22		the sale of food;
23		(4) the sale of alcoholic liquor is conducted primarily
24		in the below-grade level of the restaurant to which the
25		only public access is by a staircase located inside the
26		restaurant; and

HB5540 Enrolled - 875 - LRB099 16003 AMC 40320 b
1		(5) the restaurant has held a license authorizing the
2		sale of alcoholic liquor on the premises for more than 40
3		years.
4		(s) Notwithstanding any provision of this Section to the
5		contrary, nothing in this Section shall prohibit renewal of a
6		license authorizing the sale of alcoholic liquor at a premises
7		that is located within a municipality with a population more
8		than 5,000 and less than 10,000 and is within 100 feet of a
9		church if:
10		(1) the church was established at the location within
11		100 feet of the premises after a license for the sale of
12		alcoholic liquor at the premises was first issued;
13		(2) a license for sale of alcoholic liquor at the
14		premises was first issued before January 1, 2007; and
15		(3) a license for the sale of alcoholic liquor on the
16		premises has been continuously in effect since January 1,
17		2007, except for interruptions between licenses of no more
18		than 90 days.
19		(t) Notwithstanding any provision of this Section to the
20		contrary, nothing in this Section shall prohibit the issuance
21		or renewal of a license authorizing the sale of alcoholic
22		liquor incidental to the sale of food within a restaurant that
23		is established in a premises that is located in a municipality
24		with a population in excess of 1,000,000 inhabitants and within
25		100 feet of a school and a church if:
26		(1) the restaurant is located inside a five-story

HB5540 Enrolled - 876 - LRB099 16003 AMC 40320 b
1		building with over 16,800 square feet of commercial space;
2		(2) the area of the premises does not exceed 31,050
3		square feet;
4		(3) the area of the restaurant does not exceed 5,800
5		square feet;
6		(4) the building has no less than 78 condominium units;
7		(5) the construction of the building in which the
8		restaurant is located was completed in 2006;
9		(6) the building has 10 storefront properties, 3 of
10		which are used for the restaurant;
11		(7) the restaurant will open for business in 2010;
12		(8) the building is north of the school and separated
13		by an alley; and
14		(9) the principal religious leader of the church and
15		either the alderman of the ward in which the school is
16		located or the principal of the school have delivered a
17		written statement to the local liquor control commissioner
18		stating that he or she does not object to the issuance of a
19		license under this subsection (t).
20		(u) Notwithstanding any provision in this Section to the
21		contrary, nothing in this Section shall prohibit the issuance
22		or renewal of a license to sell alcoholic liquor at a premises
23		that is located within a municipality with a population in
24		excess of 1,000,000 inhabitants and within 100 feet of a school
25		if:
26		(1) the premises operates as a restaurant and has been

HB5540 Enrolled - 877 - LRB099 16003 AMC 40320 b
1		in operation since February 2008;
2		(2) the applicant is the owner of the premises;
3		(3) the sale of alcoholic liquor is incidental to the
4		sale of food;
5		(4) the sale of alcoholic liquor is not the principal
6		business carried on by the licensee on the premises;
7		(5) the premises occupy the first floor of a 3-story
8		building that is at least 90 years old;
9		(6) the rear lot of the school and the rear corner of
10		the building that the premises occupy are separated by an
11		alley;
12		(7) the distance from the southwest corner of the
13		property line of the school and the northeast corner of the
14		building that the premises occupy is at least 16 feet, 5
15		inches;
16		(8) the distance from the rear door of the premises to
17		the southwest corner of the property line of the school is
18		at least 93 feet;
19		(9) the school is a City of Chicago School District 299
20		school;
21		(10) the school's main structure was erected in 1902
22		and an addition was built to the main structure in 1959;
23		and
24		(11) the principal of the school and the alderman in
25		whose district the premises are located have expressed, in
26		writing, their support for the issuance of the license.

HB5540 Enrolled - 878 - LRB099 16003 AMC 40320 b
1		(v) Notwithstanding any provision in this Section to the
2		contrary, nothing in this Section shall prohibit the issuance
3		or renewal of a license authorizing the sale of alcoholic
4		liquor at a premises that is located within a municipality with
5		a population in excess of 1,000,000 inhabitants and is within
6		100 feet of a school if:
7		(1) the total land area of the premises for which the
8		license or renewal is sought is more than 600,000 square
9		feet;
10		(2) the premises for which the license or renewal is
11		sought has more than 600 parking stalls;
12		(3) the total area of all buildings on the premises for
13		which the license or renewal is sought exceeds 140,000
14		square feet;
15		(4) the property line of the premises for which the
16		license or renewal is sought is separated from the property
17		line of the school by a street;
18		(5) the distance from the school's property line to the
19		property line of the premises for which the license or
20		renewal is sought is at least 60 feet;
21		(6) as of June 14, 2011 (the effective date of Public
22		Act 97-9) this amendatory Act of the 97th General Assembly,
23		the premises for which the license or renewal is sought is
24		located in the Illinois Medical District.
25		(w) Notwithstanding any provision in this Section to the
26		contrary, nothing in this Section shall prohibit the issuance

HB5540 Enrolled - 879 - LRB099 16003 AMC 40320 b
1		or renewal of a license to sell alcoholic liquor at a premises
2		that is located within a municipality with a population in
3		excess of 1,000,000 inhabitants and within 100 feet of a church
4		if:
5		(1) the sale of alcoholic liquor at the premises is
6		incidental to the sale of food;
7		(2) the sale of alcoholic liquor is not the principal
8		business carried on by the licensee at the premises;
9		(3) the premises occupy the first floor and basement of
10		a 2-story building that is 106 years old;
11		(4) the premises is at least 7,000 square feet and
12		located on a lot that is at least 11,000 square feet;
13		(5) the premises is located directly west of the
14		church, on perpendicular streets, and separated by an
15		alley;
16		(6) the distance between the property line of the
17		premises and the property line of the church is at least 20
18		feet;
19		(7) the distance between the primary entrance of the
20		premises and the primary entrance of the church is at least
21		130 feet; and
22		(8) the church has been at its location for at least 40
23		years.
24		(x) Notwithstanding any provision of this Section to the
25		contrary, nothing in this Section shall prohibit the issuance
26		or renewal of a license authorizing the sale of alcoholic

HB5540 Enrolled - 880 - LRB099 16003 AMC 40320 b
1		liquor at a premises that is located within a municipality with
2		a population in excess of 1,000,000 inhabitants and within 100
3		feet of a church if:
4		(1) the sale of alcoholic liquor is not the principal
5		business carried on by the licensee at the premises;
6		(2) the church has been operating in its current
7		location since 1973;
8		(3) the premises has been operating in its current
9		location since 1988;
10		(4) the church and the premises are owned by the same
11		parish;
12		(5) the premises is used for cultural and educational
13		purposes;
14		(6) the primary entrance to the premises and the
15		primary entrance to the church are located on the same
16		street;
17		(7) the principal religious leader of the church has
18		indicated his support of the issuance of the license;
19		(8) the premises is a 2-story building of approximately
20		23,000 square feet; and
21		(9) the premises houses a ballroom on its ground floor
22		of approximately 5,000 square feet.
23		(y) Notwithstanding any provision of this Section to the
24		contrary, nothing in this Section shall prohibit the issuance
25		or renewal of a license authorizing the sale of alcoholic
26		liquor at a premises that is located within a municipality with

HB5540 Enrolled - 881 - LRB099 16003 AMC 40320 b
1		a population in excess of 1,000,000 inhabitants and within 100
2		feet of a school if:
3		(1) the sale of alcoholic liquor is not the principal
4		business carried on by the licensee at the premises;
5		(2) the sale of alcoholic liquor at the premises is
6		incidental to the sale of food;
7		(3) according to the municipality, the distance
8		between the east property line of the premises and the west
9		property line of the school is 97.8 feet;
10		(4) the school is a City of Chicago School District 299
11		school;
12		(5) the school has been operating since 1959;
13		(6) the primary entrance to the premises and the
14		primary entrance to the school are located on the same
15		street;
16		(7) the street on which the entrances of the premises
17		and the school are located is a major diagonal
18		thoroughfare;
19		(8) the premises is a single-story building of
20		approximately 2,900 square feet; and
21		(9) the premises is used for commercial purposes only.
22		(z) Notwithstanding any provision of this Section to the
23		contrary, nothing in this Section shall prohibit the issuance
24		or renewal of a license authorizing the sale of alcoholic
25		liquor at a premises that is located within a municipality with
26		a population in excess of 1,000,000 inhabitants and within 100

HB5540 Enrolled - 882 - LRB099 16003 AMC 40320 b
1		feet of a mosque if:
2		(1) the sale of alcoholic liquor is not the principal
3		business carried on by the licensee at the premises;
4		(2) the licensee shall only sell packaged liquors at
5		the premises;
6		(3) the licensee is a national retail chain having over
7		100 locations within the municipality;
8		(4) the licensee has over 8,000 locations nationwide;
9		(5) the licensee has locations in all 50 states;
10		(6) the premises is located in the North-East quadrant
11		of the municipality;
12		(7) the premises is a free-standing building that has
13		"drive-through" pharmacy service;
14		(8) the premises has approximately 14,490 square feet
15		of retail space;
16		(9) the premises has approximately 799 square feet of
17		pharmacy space;
18		(10) the premises is located on a major arterial street
19		that runs east-west and accepts truck traffic; and
20		(11) the alderman of the ward in which the premises is
21		located has expressed, in writing, his or her support for
22		the issuance of the license.
23		(aa) Notwithstanding any provision of this Section to the
24		contrary, nothing in this Section shall prohibit the issuance
25		or renewal of a license authorizing the sale of alcoholic
26		liquor at a premises that is located within a municipality with

HB5540 Enrolled - 883 - LRB099 16003 AMC 40320 b
1		a population in excess of 1,000,000 inhabitants and within 100
2		feet of a church if:
3		(1) the sale of alcoholic liquor is not the principal
4		business carried on by the licensee at the premises;
5		(2) the licensee shall only sell packaged liquors at
6		the premises;
7		(3) the licensee is a national retail chain having over
8		100 locations within the municipality;
9		(4) the licensee has over 8,000 locations nationwide;
10		(5) the licensee has locations in all 50 states;
11		(6) the premises is located in the North-East quadrant
12		of the municipality;
13		(7) the premises is located across the street from a
14		national grocery chain outlet;
15		(8) the premises has approximately 16,148 square feet
16		of retail space;
17		(9) the premises has approximately 992 square feet of
18		pharmacy space;
19		(10) the premises is located on a major arterial street
20		that runs north-south and accepts truck traffic; and
21		(11) the alderman of the ward in which the premises is
22		located has expressed, in writing, his or her support for
23		the issuance of the license.
24		(bb) Notwithstanding any provision of this Section to the
25		contrary, nothing in this Section shall prohibit the issuance
26		or renewal of a license authorizing the sale of alcoholic

HB5540 Enrolled - 884 - LRB099 16003 AMC 40320 b
1		liquor at a premises that is located within a municipality with
2		a population in excess of 1,000,000 inhabitants and within 100
3		feet of a church if:
4		(1) the sale of alcoholic liquor is not the principal
5		business carried on by the licensee at the premises;
6		(2) the sale of alcoholic liquor at the premises is
7		incidental to the sale of food;
8		(3) the primary entrance to the premises and the
9		primary entrance to the church are located on the same
10		street;
11		(4) the premises is across the street from the church;
12		(5) the street on which the premises and the church are
13		located is a major arterial street that runs east-west;
14		(6) the church is an elder-led and Bible-based Assyrian
15		church;
16		(7) the premises and the church are both single-story
17		buildings;
18		(8) the storefront directly west of the church is being
19		used as a restaurant; and
20		(9) the distance between the northern-most property
21		line of the premises and the southern-most property line of
22		the church is 65 feet.
23		(cc) Notwithstanding any provision of this Section to the
24		contrary, nothing in this Section shall prohibit the issuance
25		or renewal of a license authorizing the sale of alcoholic
26		liquor at a premises that is located within a municipality with

HB5540 Enrolled - 885 - LRB099 16003 AMC 40320 b
1		a population in excess of 1,000,000 inhabitants and within 100
2		feet of a school if:
3		(1) the sale of alcoholic liquor is not the principal
4		business carried on by the licensee at the premises;
5		(2) the licensee shall only sell packaged liquors at
6		the premises;
7		(3) the licensee is a national retail chain;
8		(4) as of October 25, 2011, the licensee has 1,767
9		stores operating nationwide, 87 stores operating in the
10		State, and 10 stores operating within the municipality;
11		(5) the licensee shall occupy approximately 124,000
12		square feet of space in the basement and first and second
13		floors of a building located across the street from a
14		school;
15		(6) the school opened in August of 2009 and occupies
16		approximately 67,000 square feet of space; and
17		(7) the building in which the premises shall be located
18		has been listed on the National Register of Historic Places
19		since April 17, 1970.
20		(dd) Notwithstanding any provision in this Section to the
21		contrary, nothing in this Section shall prohibit the issuance
22		or renewal of a license authorizing the sale of alcoholic
23		liquor within a full-service grocery store at a premises that
24		is located within a municipality with a population in excess of
25		1,000,000 inhabitants and is within 100 feet of a school if:
26		(1) the premises is constructed on land that was

HB5540 Enrolled - 886 - LRB099 16003 AMC 40320 b
1		purchased from the municipality at a fair market price;
2		(2) the premises is constructed on land that was
3		previously used as a parking facility for public safety
4		employees;
5		(3) the sale of alcoholic liquor is not the principal
6		business carried on by the licensee at the premises;
7		(4) the main entrance to the store is more than 100
8		feet from the main entrance to the school;
9		(5) the premises is to be new construction;
10		(6) the school is a private school;
11		(7) the principal of the school has given written
12		approval for the license;
13		(8) the alderman of the ward where the premises is
14		located has given written approval of the issuance of the
15		license;
16		(9) the grocery store level of the premises is between
17		60,000 and 70,000 square feet; and
18		(10) the owner and operator of the grocery store
19		operates 2 other grocery stores that have alcoholic liquor
20		licenses within the same municipality.
21		(ee) Notwithstanding any provision in this Section to the
22		contrary, nothing in this Section shall prohibit the issuance
23		or renewal of a license authorizing the sale of alcoholic
24		liquor within a full-service grocery store at a premises that
25		is located within a municipality with a population in excess of
26		1,000,000 inhabitants and is within 100 feet of a school if:

HB5540 Enrolled - 887 - LRB099 16003 AMC 40320 b
1		(1) the premises is constructed on land that once
2		contained an industrial steel facility;
3		(2) the premises is located on land that has undergone
4		environmental remediation;
5		(3) the premises is located within a retail complex
6		containing retail stores where some of the stores sell
7		alcoholic beverages;
8		(4) the principal activity of any restaurant in the
9		retail complex is the sale of food, and the sale of
10		alcoholic liquor is incidental to the sale of food;
11		(5) the sale of alcoholic liquor is not the principal
12		business carried on by the grocery store;
13		(6) the entrance to any business that sells alcoholic
14		liquor is more than 100 feet from the entrance to the
15		school;
16		(7) the alderman of the ward where the premises is
17		located has given written approval of the issuance of the
18		license; and
19		(8) the principal of the school has given written
20		consent to the issuance of the license.
21		(ff) Notwithstanding any provision of this Section to the
22		contrary, nothing in this Section shall prohibit the issuance
23		or renewal of a license authorizing the sale of alcoholic
24		liquor at a premises that is located within a municipality with
25		a population in excess of 1,000,000 inhabitants and within 100
26		feet of a school if:

HB5540 Enrolled - 888 - LRB099 16003 AMC 40320 b
1		(1) the sale of alcoholic liquor is not the principal
2		business carried on at the premises;
3		(2) the sale of alcoholic liquor at the premises is
4		incidental to the operation of a theater;
5		(3) the premises is a one and one-half-story building
6		of approximately 10,000 square feet;
7		(4) the school is a City of Chicago School District 299
8		school;
9		(5) the primary entrance of the premises and the
10		primary entrance of the school are at least 300 feet apart
11		and no more than 400 feet apart;
12		(6) the alderman of the ward in which the premises is
13		located has expressed, in writing, his support for the
14		issuance of the license; and
15		(7) the principal of the school has expressed, in
16		writing, that there is no objection to the issuance of a
17		license under this subsection (ff).
18		(gg) Notwithstanding any provision of this Section to the
19		contrary, nothing in this Section shall prohibit the issuance
20		or renewal of a license authorizing the sale of alcoholic
21		liquor incidental to the sale of food within a restaurant or
22		banquet facility established in a premises that is located in a
23		municipality with a population in excess of 1,000,000
24		inhabitants and within 100 feet of a church if:
25		(1) the sale of alcoholic liquor is not the principal
26		business carried on by the licensee at the premises;

HB5540 Enrolled - 889 - LRB099 16003 AMC 40320 b
1		(2) the property on which the church is located and the
2		property on which the premises are located are both within
3		a district originally listed on the National Register of
4		Historic Places on February 14, 1979;
5		(3) the property on which the premises are located
6		contains one or more multi-story buildings that are at
7		least 95 years old and have no more than three stories;
8		(4) the building in which the church is located is at
9		least 120 years old;
10		(5) the property on which the church is located is
11		immediately adjacent to and west of the property on which
12		the premises are located;
13		(6) the western boundary of the property on which the
14		premises are located is no less than 118 feet in length and
15		no more than 122 feet in length;
16		(7) as of December 31, 2012, both the church property
17		and the property on which the premises are located are
18		within 250 feet of City of Chicago Business-Residential
19		Planned Development Number 38;
20		(8) the principal religious leader at the place of
21		worship has indicated his or her support for the issuance
22		of the license in writing; and
23		(9) the alderman in whose district the premises are
24		located has expressed his or her support for the issuance
25		of the license in writing.
26		For the purposes of this subsection, "banquet facility"

HB5540 Enrolled - 890 - LRB099 16003 AMC 40320 b
1		means the part of the building that is located on the floor
2		above a restaurant and caters to private parties and where the
3		sale of alcoholic liquors is not the principal business.
4		(hh) Notwithstanding any provision of this Section to the
5		contrary, nothing in this Section shall prohibit the issuance
6		or renewal of a license authorizing the sale of alcoholic
7		liquor within a hotel and at an outdoor patio area attached to
8		the hotel that are located in a municipality with a population
9		in excess of 1,000,000 inhabitants and that are within 100 feet
10		of a hospital if:
11		(1) the sale of alcoholic liquor is not the principal
12		business carried on by the licensee at the hotel;
13		(2) the hotel is located within the City of Chicago
14		Business Planned Development Number 468; and
15		(3) the hospital is located within the City of Chicago
16		Institutional Planned Development Number 3.
17		(ii) Notwithstanding any provision of this Section to the
18		contrary, nothing in this Section shall prohibit the issuance
19		or renewal of a license authorizing the sale of alcoholic
20		liquor within a restaurant and at an outdoor patio area
21		attached to the restaurant that are located in a municipality
22		with a population in excess of 1,000,000 inhabitants and that
23		are within 100 feet of a church if:
24		(1) the sale of alcoholic liquor at the premises is not
25		the principal business carried on by the licensee and is
26		incidental to the sale of food;

HB5540 Enrolled - 891 - LRB099 16003 AMC 40320 b
1		(2) the restaurant has been operated on the street
2		level of a 2-story building located on a corner lot since
3		2008;
4		(3) the restaurant is between 3,700 and 4,000 square
5		feet and sits on a lot that is no more than 6,200 square
6		feet;
7		(4) the primary entrance to the restaurant and the
8		primary entrance to the church are located on the same
9		street;
10		(5) the street on which the restaurant and the church
11		are located is a major east-west street;
12		(6) the restaurant and the church are separated by a
13		one-way northbound street;
14		(7) the church is located to the west of and no more
15		than 65 feet from the restaurant; and
16		(8) the principal religious leader at the place of
17		worship has indicated his or her consent to the issuance of
18		the license in writing.
19		(jj) Notwithstanding any provision of this Section to the
20		contrary, nothing in this Section shall prohibit the issuance
21		or renewal of a license authorizing the sale of alcoholic
22		liquor at premises located within a municipality with a
23		population in excess of 1,000,000 inhabitants and within 100
24		feet of a church if:
25		(1) the sale of alcoholic liquor is not the principal
26		business carried on by the licensee at the premises;

HB5540 Enrolled - 892 - LRB099 16003 AMC 40320 b
1		(2) the sale of alcoholic liquor is incidental to the
2		sale of food;
3		(3) the premises are located east of the church, on
4		perpendicular streets, and separated by an alley;
5		(4) the distance between the primary entrance of the
6		premises and the primary entrance of the church is at least
7		175 feet;
8		(5) the distance between the property line of the
9		premises and the property line of the church is at least 40
10		feet;
11		(6) the licensee has been operating at the premises
12		since 2012;
13		(7) the church was constructed in 1904;
14		(8) the alderman of the ward in which the premises is
15		located has expressed, in writing, his or her support for
16		the issuance of the license; and
17		(9) the principal religious leader of the church has
18		delivered a written statement that he or she does not
19		object to the issuance of a license under this subsection
20		(jj).
21		(kk) Notwithstanding any provision of this Section to the
22		contrary, nothing in this Section shall prohibit the issuance
23		or renewal of a license authorizing the sale of alcoholic
24		liquor at a premises that is located within a municipality with
25		a population in excess of 1,000,000 inhabitants and within 100
26		feet of a school if:

HB5540 Enrolled - 893 - LRB099 16003 AMC 40320 b
1		(1) the sale of alcoholic liquor is not the principal
2		business carried on by the licensee at the premises;
3		(2) the licensee shall only sell packaged liquors on
4		the premises;
5		(3) the licensee is a national retail chain;
6		(4) as of February 27, 2013, the licensee had 1,778
7		stores operating nationwide, 89 operating in this State,
8		and 11 stores operating within the municipality;
9		(5) the licensee shall occupy approximately 169,048
10		square feet of space within a building that is located
11		across the street from a tuition-based preschool; and
12		(6) the alderman of the ward in which the premises is
13		located has expressed, in writing, his or her support for
14		the issuance of the license.
15		(ll) Notwithstanding any provision of this Section to the
16		contrary, nothing in this Section shall prohibit the issuance
17		or renewal of a license authorizing the sale of alcoholic
18		liquor at a premises that is located within a municipality with
19		a population in excess of 1,000,000 inhabitants and within 100
20		feet of a school if:
21		(1) the sale of alcoholic liquor is not the principal
22		business carried on by the licensee at the premises;
23		(2) the licensee shall only sell packaged liquors on
24		the premises;
25		(3) the licensee is a national retail chain;
26		(4) as of February 27, 2013, the licensee had 1,778

HB5540 Enrolled - 894 - LRB099 16003 AMC 40320 b
1		stores operating nationwide, 89 operating in this State,
2		and 11 stores operating within the municipality;
3		(5) the licensee shall occupy approximately 191,535
4		square feet of space within a building that is located
5		across the street from an elementary school; and
6		(6) the alderman of the ward in which the premises is
7		located has expressed, in writing, his or her support for
8		the issuance of the license.
9		(mm) Notwithstanding any provision of this Section to the
10		contrary, nothing in this Section shall prohibit the issuance
11		or renewal of a license authorizing the sale of alcoholic
12		liquor within premises and at an outdoor patio or sidewalk
13		cafe, or both, attached to premises that are located in a
14		municipality with a population in excess of 1,000,000
15		inhabitants and that are within 100 feet of a hospital if:
16		(1) the primary business of the restaurant consists of
17		the sale of food where the sale of liquor is incidental to
18		the sale of food;
19		(2) as a restaurant, the premises may or may not offer
20		catering as an incidental part of food service;
21		(3) the primary business of the restaurant is conducted
22		in space owned by a hospital or an entity owned or
23		controlled by, under common control with, or that controls
24		a hospital, and the chief hospital administrator has
25		expressed his or her support for the issuance of the
26		license in writing; and

HB5540 Enrolled - 895 - LRB099 16003 AMC 40320 b
1		(4) the hospital is an adult acute care facility
2		primarily located within the City of Chicago Institutional
3		Planned Development Number 3.
4		(nn) Notwithstanding any provision of this Section to the
5		contrary, nothing in this Section shall prohibit the issuance
6		or renewal of a license authorizing the sale of alcoholic
7		liquor at a premises that is located within a municipality with
8		a population in excess of 1,000,000 inhabitants and within 100
9		feet of a church if:
10		(1) the sale of alcoholic liquor is not the principal
11		business carried out on the premises;
12		(2) the sale of alcoholic liquor at the premises is
13		incidental to the operation of a theater;
14		(3) the premises are a building that was constructed in
15		1913 and opened on May 24, 1915 as a vaudeville theater,
16		and the premises were converted to a motion picture theater
17		in 1935;
18		(4) the church was constructed in 1889 with a stone
19		exterior;
20		(5) the primary entrance of the premises and the
21		primary entrance of the church are at least 100 feet apart;
22		and
23		(6) the principal religious leader at the place of
24		worship has indicated his or her consent to the issuance of
25		the license in writing; and
26		(7) the alderman in whose ward the premises are located

HB5540 Enrolled - 896 - LRB099 16003 AMC 40320 b
1		has expressed his or her support for the issuance of the
2		license in writing.
3		(oo) Notwithstanding any provision of this Section to the
4		contrary, nothing in this Section shall prohibit the issuance
5		or renewal of a license authorizing the sale of alcoholic
6		liquor at a premises that is located within a municipality with
7		a population in excess of 1,000,000 inhabitants and within 100
8		feet of a mosque, church, or other place of worship if:
9		(1) the primary entrance of the premises and the
10		primary entrance of the mosque, church, or other place of
11		worship are perpendicular and are on different streets;
12		(2) the primary entrance to the premises faces West and
13		the primary entrance to the mosque, church, or other place
14		of worship faces South;
15		(3) the distance between the 2 primary entrances is at
16		least 100 feet;
17		(4) the mosque, church, or other place of worship was
18		established in a location within 100 feet of the premises
19		after a license for the sale of alcohol at the premises was
20		first issued;
21		(5) the mosque, church, or other place of worship was
22		established on or around January 1, 2011;
23		(6) a license for the sale of alcohol at the premises
24		was first issued on or before January 1, 1985;
25		(7) a license for the sale of alcohol at the premises
26		has been continuously in effect since January 1, 1985,

HB5540 Enrolled - 897 - LRB099 16003 AMC 40320 b
1		except for interruptions between licenses of no more than
2		90 days; and
3		(8) the premises are a single-story, single-use
4		building of at least 3,000 square feet and no more than
5		3,380 square feet.
6		(pp) Notwithstanding any provision of this Section to the
7		contrary, nothing in this Section shall prohibit the issuance
8		or renewal of a license authorizing the sale of alcoholic
9		liquor incidental to the sale of food within a restaurant or
10		banquet facility established on premises that are located in a
11		municipality with a population in excess of 1,000,000
12		inhabitants and within 100 feet of at least one church if:
13		(1) the sale of liquor shall not be the principal
14		business carried on by the licensee at the premises;
15		(2) the premises are at least 2,000 square feet and no
16		more than 10,000 square feet and is located in a
17		single-story building;
18		(3) the property on which the premises are located is
19		within an area that, as of 2009, was designated as a
20		Renewal Community by the United States Department of
21		Housing and Urban Development;
22		(4) the property on which the premises are located and
23		the properties on which the churches are located are on the
24		same street;
25		(5) the property on which the premises are located is
26		immediately adjacent to and east of the property on which

HB5540 Enrolled - 898 - LRB099 16003 AMC 40320 b
1		at least one of the churches is located;
2		(6) the property on which the premises are located is
3		across the street and southwest of the property on which
4		another church is located;
5		(7) the principal religious leaders of the churches
6		have indicated their support for the issuance of the
7		license in writing; and
8		(8) the alderman in whose ward the premises are located
9		has expressed his or her support for the issuance of the
10		license in writing.
11		For purposes of this subsection (pp), "banquet facility"
12		means the part of the building that caters to private parties
13		and where the sale of alcoholic liquors is not the principal
14		business.
15		(qq) Notwithstanding any provision of this Section to the
16		contrary, nothing in this Section shall prohibit the issuance
17		or renewal of a license authorizing the sale of alcoholic
18		liquor on premises that are located within a municipality with
19		a population in excess of 1,000,000 inhabitants and within 100
20		feet of a church or school if:
21		(1) the primary entrance of the premises and the
22		closest entrance of the church or school are at least 200
23		feet apart and no greater than 300 feet apart;
24		(2) the shortest distance between the premises and the
25		church or school is at least 66 feet apart and no greater
26		than 81 feet apart;

HB5540 Enrolled - 899 - LRB099 16003 AMC 40320 b
1		(3) the premises are a single-story, steel-framed
2		commercial building with at least 18,042 square feet, and
3		was constructed in 1925 and 1997;
4		(4) the owner of the business operated within the
5		premises has been the general manager of a similar
6		supermarket within one mile from the premises, which has
7		had a valid license authorizing the sale of alcoholic
8		liquor since 2002, and is in good standing with the City of
9		Chicago;
10		(5) the principal religious leader at the place of
11		worship has indicated his or her support to the issuance or
12		renewal of the license in writing;
13		(6) the alderman of the ward has indicated his or her
14		support to the issuance or renewal of the license in
15		writing; and
16		(7) the principal of the school has indicated his or
17		her support to the issuance or renewal of the license in
18		writing.
19		(rr) Notwithstanding any provision of this Section to the
20		contrary, nothing in this Section shall prohibit the issuance
21		or renewal of a license authorizing the sale of alcoholic
22		liquor at premises located within a municipality with a
23		population in excess of 1,000,000 inhabitants and within 100
24		feet of a club that leases space to a school if:
25		(1) the sale of alcoholic liquor is not the principal
26		business carried out on the premises;

HB5540 Enrolled - 900 - LRB099 16003 AMC 40320 b
1		(2) the sale of alcoholic liquor at the premises is
2		incidental to the operation of a grocery store;
3		(3) the premises are a building of approximately 1,750
4		square feet and is rented by the owners of the grocery
5		store from a family member;
6		(4) the property line of the premises is approximately
7		68 feet from the property line of the club;
8		(5) the primary entrance of the premises and the
9		primary entrance of the club where the school leases space
10		are at least 100 feet apart;
11		(6) the director of the club renting space to the
12		school has indicated his or her consent to the issuance of
13		the license in writing; and
14		(7) the alderman in whose district the premises are
15		located has expressed his or her support for the issuance
16		of the license in writing.
17		(ss) Notwithstanding any provision of this Section to the
18		contrary, nothing in this Section shall prohibit the issuance
19		or renewal of a license authorizing the sale of alcoholic
20		liquor at premises located within a municipality with a
21		population in excess of 1,000,000 inhabitants and within 100
22		feet of a church if:
23		(1) the premises are located within a 15 unit building
24		with 13 residential apartments and 2 commercial spaces, and
25		the licensee will occupy both commercial spaces;
26		(2) a restaurant has been operated on the premises

HB5540 Enrolled - 901 - LRB099 16003 AMC 40320 b
1		since June 2011;
2		(3) the restaurant currently occupies 1,075 square
3		feet, but will be expanding to include 975 additional
4		square feet;
5		(4) the sale of alcoholic liquor is not the principal
6		business carried on by the licensee at the premises;
7		(5) the premises are located south of the church and on
8		the same street and are separated by a one-way westbound
9		street;
10		(6) the primary entrance of the premises is at least 93
11		feet from the primary entrance of the church;
12		(7) the shortest distance between any part of the
13		premises and any part of the church is at least 72 feet;
14		(8) the building in which the restaurant is located was
15		built in 1910;
16		(9) the alderman of the ward in which the premises are
17		located has expressed, in writing, his or her support for
18		the issuance of the license; and
19		(10) the principal religious leader of the church has
20		delivered a written statement that he or she does not
21		object to the issuance of a license under this subsection
22		(ss).
23		(tt) Notwithstanding any provision of this Section to the
24		contrary, nothing in this Section shall prohibit the issuance
25		or renewal of a license authorizing the sale of alcoholic
26		liquor at premises located within a municipality with a

HB5540 Enrolled - 902 - LRB099 16003 AMC 40320 b
1		population in excess of 1,000,000 inhabitants and within 100
2		feet of a church if:
3		(1) the sale of alcoholic liquor is not the principal
4		business carried on by the licensee at the premises;
5		(2) the sale of alcoholic liquor is incidental to the
6		sale of food;
7		(3) the sale of alcoholic liquor at the premises was
8		previously authorized by a package goods liquor license;
9		(4) the premises are at least 40,000 square feet with
10		25 parking spaces in the contiguous surface lot to the
11		north of the store and 93 parking spaces on the roof;
12		(5) the shortest distance between the lot line of the
13		parking lot of the premises and the exterior wall of the
14		church is at least 80 feet;
15		(6) the distance between the building in which the
16		church is located and the building in which the premises
17		are located is at least 180 feet;
18		(7) the main entrance to the church faces west and is
19		at least 257 feet from the main entrance of the premises;
20		and
21		(8) the applicant is the owner of 10 similar grocery
22		stores within the City of Chicago and the surrounding area
23		and has been in business for more than 30 years.
24		(uu) Notwithstanding any provision of this Section to the
25		contrary, nothing in this Section shall prohibit the issuance
26		or renewal of a license authorizing the sale of alcoholic

HB5540 Enrolled - 903 - LRB099 16003 AMC 40320 b
1		liquor at premises located within a municipality with a
2		population in excess of 1,000,000 inhabitants and within 100
3		feet of a church if:
4		(1) the sale of alcoholic liquor is not the principal
5		business carried on by the licensee at the premises;
6		(2) the sale of alcoholic liquor is incidental to the
7		operation of a grocery store;
8		(3) the premises are located in a building that is
9		approximately 68,000 square feet with 157 parking spaces on
10		property that was previously vacant land;
11		(4) the main entrance to the church faces west and is
12		at least 500 feet from the entrance of the premises, which
13		faces north;
14		(5) the church and the premises are separated by an
15		alley;
16		(6) the applicant is the owner of 9 similar grocery
17		stores in the City of Chicago and the surrounding area and
18		has been in business for more than 40 years; and
19		(7) the alderman of the ward in which the premises are
20		located has expressed, in writing, his or her support for
21		the issuance of the license.
22		(vv) Notwithstanding any provision of this Section to the
23		contrary, nothing in this Section shall prohibit the issuance
24		or renewal of a license authorizing the sale of alcoholic
25		liquor at premises located within a municipality with a
26		population in excess of 1,000,000 inhabitants and within 100

HB5540 Enrolled - 904 - LRB099 16003 AMC 40320 b
1		feet of a church if:
2		(1) the sale of alcoholic liquor is the principal
3		business carried on by the licensee at the premises;
4		(2) the sale of alcoholic liquor is primary to the sale
5		of food;
6		(3) the premises are located south of the church and on
7		perpendicular streets and are separated by a driveway;
8		(4) the primary entrance of the premises is at least
9		100 feet from the primary entrance of the church;
10		(5) the shortest distance between any part of the
11		premises and any part of the church is at least 15 feet;
12		(6) the premises are less than 100 feet from the church
13		center, but greater than 100 feet from the area within the
14		building where church services are held;
15		(7) the premises are 25,830 square feet and sit on a
16		lot that is 0.48 acres;
17		(8) the premises were once designated as a Korean
18		American Presbyterian Church and were once used as a
19		Masonic Temple;
20		(9) the premises were built in 1910;
21		(10) the alderman of the ward in which the premises are
22		located has expressed, in writing, his or her support for
23		the issuance of the license; and
24		(11) the principal religious leader of the church has
25		delivered a written statement that he or she does not
26		object to the issuance of a license under this subsection

HB5540 Enrolled - 905 - LRB099 16003 AMC 40320 b
1		(vv).
2		For the purposes of this subsection (vv), "premises" means
3		a place of business together with a privately owned outdoor
4		location that is adjacent to the place of business.
5		(ww) Notwithstanding any provision of this Section to the
6		contrary, nothing in this Section shall prohibit the issuance
7		or renewal of a license authorizing the sale of alcoholic
8		liquor at premises located within a municipality with a
9		population in excess of 1,000,000 inhabitants and within 100
10		feet of a school if:
11		(1) the school is located within Sub Area III of City
12		of Chicago Residential-Business Planned Development Number
13		523, as amended; and
14		(2) the premises are located within Sub Area I, Sub
15		Area II, or Sub Area IV of City of Chicago
16		Residential-Business Planned Development Number 523, as
17		amended.
18		(xx) Notwithstanding any provision of this Section to the
19		contrary, nothing in this Section shall prohibit the issuance
20		or renewal of a license authorizing the sale of alcoholic
21		liquor at premises located within a municipality with a
22		population in excess of 1,000,000 inhabitants and within 100
23		feet of a church if:
24		(1) the sale of wine or wine-related products is the
25		exclusive business carried on by the licensee at the
26		premises;

HB5540 Enrolled - 906 - LRB099 16003 AMC 40320 b
1		(2) the primary entrance of the premises and the
2		primary entrance of the church are at least 100 feet apart
3		and are located on different streets;
4		(3) the building in which the premises are located and
5		the building in which the church is located are separated
6		by an alley;
7		(4) the premises consists of less than 2,000 square
8		feet of floor area dedicated to the sale of wine or
9		wine-related products;
10		(5) the premises are located on the first floor of a
11		2-story building that is at least 99 years old and has a
12		residential unit on the second floor; and
13		(6) the principal religious leader at the church has
14		indicated his or her support for the issuance or renewal of
15		the license in writing.
16		(yy) Notwithstanding any provision of this Section to the
17		contrary, nothing in this Section shall prohibit the issuance
18		or renewal of a license authorizing the sale of alcoholic
19		liquor at premises located within a municipality with a
20		population in excess of 1,000,000 inhabitants and within 100
21		feet of a church if:
22		(1) the premises are a 27-story hotel containing 191
23		guest rooms;
24		(2) the sale of alcoholic liquor is not the principal
25		business carried on by the licensee at the premises and is
26		limited to a restaurant located on the first floor of the

HB5540 Enrolled - 907 - LRB099 16003 AMC 40320 b
1		hotel;
2		(3) the hotel is adjacent to the church;
3		(4) the site is zoned as DX-16;
4		(5) the principal religious leader of the church has
5		delivered a written statement that he or she does not
6		object to the issuance of a license under this subsection
7		(yy); and
8		(6) the alderman of the ward in which the premises are
9		located has expressed, in writing, his or her support for
10		the issuance of the license.
11		(zz) Notwithstanding any provision of this Section to the
12		contrary, nothing in this Section shall prohibit the issuance
13		or renewal of a license authorizing the sale of alcoholic
14		liquor at premises located within a municipality with a
15		population in excess of 1,000,000 inhabitants and within 100
16		feet of a church if:
17		(1) the premises are a 15-story hotel containing 143
18		guest rooms;
19		(2) the premises are approximately 85,691 square feet;
20		(3) a restaurant is operated on the premises;
21		(4) the restaurant is located in the first floor lobby
22		of the hotel;
23		(5) the sale of alcoholic liquor is not the principal
24		business carried on by the licensee at the premises;
25		(6) the hotel is located approximately 50 feet from the
26		church and is separated from the church by a public street

HB5540 Enrolled - 908 - LRB099 16003 AMC 40320 b
1		on the ground level and by air space on the upper level,
2		which is where the public entrances are located;
3		(7) the site is zoned as DX-16;
4		(8) the principal religious leader of the church has
5		delivered a written statement that he or she does not
6		object to the issuance of a license under this subsection
7		(zz); and
8		(9) the alderman of the ward in which the premises are
9		located has expressed, in writing, his or her support for
10		the issuance of the license.
11		(aaa) Notwithstanding any provision in this Section to the
12		contrary, nothing in this Section shall prohibit the issuance
13		or renewal of a license authorizing the sale of alcoholic
14		liquor within a full-service grocery store at premises located
15		within a municipality with a population in excess of 1,000,000
16		inhabitants and within 100 feet of a school if:
17		(1) the sale of alcoholic liquor is not the primary
18		business activity of the grocery store;
19		(2) the premises are newly constructed on land that was
20		formerly used by the Young Men's Christian Association;
21		(3) the grocery store is located within a planned
22		development that was approved by the municipality in 2007;
23		(4) the premises are located in a multi-building,
24		mixed-use complex;
25		(5) the entrance to the grocery store is located more
26		than 200 feet from the entrance to the school;

HB5540 Enrolled - 909 - LRB099 16003 AMC 40320 b
1		(6) the entrance to the grocery store is located across
2		the street from the back of the school building, which is
3		not used for student or public access;
4		(7) the grocery store executed a binding lease for the
5		property in 2008;
6		(8) the premises consist of 2 levels and occupy more
7		than 80,000 square feet;
8		(9) the owner and operator of the grocery store
9		operates at least 10 other grocery stores that have
10		alcoholic liquor licenses within the same municipality;
11		and
12		(10) the director of the school has expressed, in
13		writing, his or her support for the issuance of the
14		license.
15		(bbb) Notwithstanding any provision of this Section to the
16		contrary, nothing in this Section shall prohibit the issuance
17		or renewal of a license authorizing the sale of alcoholic
18		liquor at premises located within a municipality with a
19		population in excess of 1,000,000 inhabitants and within 100
20		feet of a church if:
21		(1) the sale of alcoholic liquor at the premises is
22		incidental to the sale of food;
23		(2) the premises are located in a single-story building
24		of primarily brick construction containing at least 6
25		commercial units constructed before 1940;
26		(3) the premises are located in a B3-2 zoning district;

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1		(4) the premises are less than 4,000 square feet;
2		(5) the church established its congregation in 1891 and
3		completed construction of the church building in 1990;
4		(6) the premises are located south of the church;
5		(7) the premises and church are located on the same
6		street and are separated by a one-way westbound street; and
7		(8) the principal religious leader of the church has
8		not indicated his or her opposition to the issuance or
9		renewal of the license in writing.
10		(ccc) Notwithstanding any provision of this Section to the
11		contrary, nothing in this Section shall prohibit the issuance
12		or renewal of a license authorizing the sale of alcoholic
13		liquor within a full-service grocery store at premises located
14		within a municipality with a population in excess of 1,000,000
15		inhabitants and within 100 feet of a church and school if:
16		(1) as of March 14, 2007, the premises are located in a
17		City of Chicago Residential-Business Planned Development
18		No. 1052;
19		(2) the sale of alcoholic liquor is not the principal
20		business carried on by the licensee at the premises;
21		(3) the sale of alcoholic liquor is incidental to the
22		operation of a grocery store and comprises no more than 10%
23		of the total in-store sales;
24		(4) the owner and operator of the grocery store
25		operates at least 10 other grocery stores that have
26		alcoholic liquor licenses within the same municipality;

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1		(5) the premises are new construction when the license
2		is first issued;
3		(6) the constructed premises are to be no less than
4		50,000 square feet;
5		(7) the school is a private church-affiliated school;
6		(8) the premises and the property containing the church
7		and church-affiliated school are located on perpendicular
8		streets and the school and church are adjacent to one
9		another;
10		(9) the pastor of the church and school has expressed,
11		in writing, support for the issuance of the license; and
12		(10) the alderman of the ward in which the premises are
13		located has expressed, in writing, his or her support for
14		the issuance of the license.
15		(ddd) Notwithstanding any provision of this Section to the
16		contrary, nothing in this Section shall prohibit the issuance
17		or renewal of a license authorizing the sale of alcoholic
18		liquor at premises located within a municipality with a
19		population in excess of 1,000,000 inhabitants and within 100
20		feet of a church or school if:
21		(1) the business has been issued a license from the
22		municipality to allow the business to operate a theater on
23		the premises;
24		(2) the theater has less than 200 seats;
25		(3) the premises are approximately 2,700 to 3,100
26		square feet of space;

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1		(4) the premises are located to the north of the
2		church;
3		(5) the primary entrance of the premises and the
4		primary entrance of any church within 100 feet of the
5		premises are located either on a different street or across
6		a right-of-way from the premises;
7		(6) the primary entrance of the premises and the
8		primary entrance of any school within 100 feet of the
9		premises are located either on a different street or across
10		a right-of-way from the premises;
11		(7) the premises are located in a building that is at
12		least 100 years old; and
13		(8) any church or school located within 100 feet of the
14		premises has indicated its support for the issuance or
15		renewal of the license to the premises in writing.
16		(eee) Notwithstanding any provision of this Section to the
17		contrary, nothing in this Section shall prohibit the issuance
18		or renewal of a license authorizing the sale of alcoholic
19		liquor at premises located within a municipality with a
20		population in excess of 1,000,000 inhabitants and within 100
21		feet of a church and school if:
22		(1) the sale of alcoholic liquor is incidental to the
23		sale of food;
24		(2) the sale of alcoholic liquor is not the principal
25		business carried on by the applicant on the premises;
26		(3) a family-owned restaurant has operated on the

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1		premises since 1957;
2		(4) the premises occupy the first floor of a 3-story
3		building that is at least 90 years old;
4		(5) the distance between the property line of the
5		premises and the property line of the church is at least 20
6		feet;
7		(6) the church was established at its current location
8		and the present structure was erected before 1900;
9		(7) the primary entrance of the premises is at least 75
10		feet from the primary entrance of the church;
11		(8) the school is affiliated with the church;
12		(9) the principal religious leader at the place of
13		worship has indicated his or her support for the issuance
14		of the license in writing;
15		(10) the principal of the school has indicated in
16		writing that he or she is not opposed to the issuance of
17		the license; and
18		(11) the alderman of the ward in which the premises are
19		located has expressed, in writing, his or her lack of an
20		objection to the issuance of the license.
21		(fff) (yy) Notwithstanding any provision of this Section to
22		the contrary, nothing in this Section shall prohibit the
23		issuance or renewal of a license authorizing the sale of
24		alcoholic liquor at premises located within a municipality with
25		a population in excess of 1,000,000 inhabitants and within 100
26		feet of a church if:

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1		(1) the sale of alcoholic liquor is not the principal
2		business carried on by the licensee at the premises;
3		(2) the sale of alcoholic liquor at the premises is
4		incidental to the operation of a grocery store;
5		(3) the premises are a one-story building containing
6		approximately 10,000 square feet and are rented by the
7		owners of the grocery store;
8		(4) the sale of alcoholic liquor at the premises occurs
9		in a retail area of the grocery store that is approximately
10		3,500 square feet;
11		(5) the grocery store has operated at the location
12		since 1984;
13		(6) the grocery store is closed on Sundays;
14		(7) the property on which the premises are located is a
15		corner lot that is bound by 3 streets and an alley, where
16		one street is a one-way street that runs north-south, one
17		street runs east-west, and one street runs
18		northwest-southeast;
19		(8) the property line of the premises is approximately
20		16 feet from the property line of the building where the
21		church is located;
22		(9) the premises are separated from the building
23		containing the church by a public alley;
24		(10) the primary entrance of the premises and the
25		primary entrance of the church are at least 100 feet apart;
26		(11) representatives of the church have delivered a

HB5540 Enrolled - 915 - LRB099 16003 AMC 40320 b
1		written statement that the church does not object to the
2		issuance of a license under this subsection (fff) (yy); and
3		(12) the alderman of the ward in which the grocery
4		store is located has expressed, in writing, his or her
5		support for the issuance of the license.
6		(Source: P.A. 98-274, eff. 8-9-13; 98-463, eff. 8-16-13;
7		98-571, eff. 8-27-13; 98-592, eff. 11-15-13; 98-1092, eff.
8		8-26-14; 98-1158, eff. 1-9-15; 99-46, eff. 7-15-15; 99-47, eff.
9		7-15-15; 99-477, eff. 8-27-15; 99-484, eff. 10-30-15; revised
10		11-4-15.)
11		Section 395. The Grain Code is amended by changing Section
12		15-10 as follows:
13		(240 ILCS 40/15-10)
14		Sec. 15-10. De minimis minimus violations.
15		(a) If a licensee commits a de minimis minimus violation of
16		this Code, the Director may, in his or her discretion, and
17		without further action, issue a warning letter to the licensee.
18		(b) For the purposes of this Article, a de minimis minimus
19		violation exists when a licensee:
20		(1) violates the maximum allowable speculative limits
21		of item (a)(2) of Section 10-10 by 1,000 bushels or less;
22		(2) has total grain quantity deficiency violations
23		that do not exceed $1,000 as determined by the formula set
24		forth in subsection (c) of Section 15-20; or

HB5540 Enrolled - 916 - LRB099 16003 AMC 40320 b
1		(3) has total grain quality deficiency violations that
2		do not exceed $1,000 as determined by the formula set forth
3		in subsection (d) of Section 15-20.
4		(Source: P.A. 89-287, eff. 1-1-96; revised 10-21-15.)
5		Section 400. The Illinois Public Aid Code is amended by
6		changing Sections 5-5, 5-5e, 5-16.8, 5-30, 10-25, and 10-25.5
7		as follows:
8		(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
9		(Text of Section before amendment by P.A. 99-407)
10		Sec. 5-5. Medical services. The Illinois Department, by
11		rule, shall determine the quantity and quality of and the rate
12		of reimbursement for the medical assistance for which payment
13		will be authorized, and the medical services to be provided,
14		which may include all or part of the following: (1) inpatient
15		hospital services; (2) outpatient hospital services; (3) other
16		laboratory and X-ray services; (4) skilled nursing home
17		services; (5) physicians' services whether furnished in the
18		office, the patient's home, a hospital, a skilled nursing home,
19		or elsewhere; (6) medical care, or any other type of remedial
20		care furnished by licensed practitioners; (7) home health care
21		services; (8) private duty nursing service; (9) clinic
22		services; (10) dental services, including prevention and
23		treatment of periodontal disease and dental caries disease for
24		pregnant women, provided by an individual licensed to practice

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1		dentistry or dental surgery; for purposes of this item (10),
2		"dental services" means diagnostic, preventive, or corrective
3		procedures provided by or under the supervision of a dentist in
4		the practice of his or her profession; (11) physical therapy
5		and related services; (12) prescribed drugs, dentures, and
6		prosthetic devices; and eyeglasses prescribed by a physician
7		skilled in the diseases of the eye, or by an optometrist,
8		whichever the person may select; (13) other diagnostic,
9		screening, preventive, and rehabilitative services, including
10		to ensure that the individual's need for intervention or
11		treatment of mental disorders or substance use disorders or
12		co-occurring mental health and substance use disorders is
13		determined using a uniform screening, assessment, and
14		evaluation process inclusive of criteria, for children and
15		adults; for purposes of this item (13), a uniform screening,
16		assessment, and evaluation process refers to a process that
17		includes an appropriate evaluation and, as warranted, a
18		referral; "uniform" does not mean the use of a singular
19		instrument, tool, or process that all must utilize; (14)
20		transportation and such other expenses as may be necessary;
21		(15) medical treatment of sexual assault survivors, as defined
22		in Section 1a of the Sexual Assault Survivors Emergency
23		Treatment Act, for injuries sustained as a result of the sexual
24		assault, including examinations and laboratory tests to
25		discover evidence which may be used in criminal proceedings
26		arising from the sexual assault; (16) the diagnosis and

HB5540 Enrolled - 918 - LRB099 16003 AMC 40320 b
1		treatment of sickle cell anemia; and (17) any other medical
2		care, and any other type of remedial care recognized under the
3		laws of this State, but not including abortions, or induced
4		miscarriages or premature births, unless, in the opinion of a
5		physician, such procedures are necessary for the preservation
6		of the life of the woman seeking such treatment, or except an
7		induced premature birth intended to produce a live viable child
8		and such procedure is necessary for the health of the mother or
9		her unborn child. The Illinois Department, by rule, shall
10		prohibit any physician from providing medical assistance to
11		anyone eligible therefor under this Code where such physician
12		has been found guilty of performing an abortion procedure in a
13		wilful and wanton manner upon a woman who was not pregnant at
14		the time such abortion procedure was performed. The term "any
15		other type of remedial care" shall include nursing care and
16		nursing home service for persons who rely on treatment by
17		spiritual means alone through prayer for healing.
18		Notwithstanding any other provision of this Section, a
19		comprehensive tobacco use cessation program that includes
20		purchasing prescription drugs or prescription medical devices
21		approved by the Food and Drug Administration shall be covered
22		under the medical assistance program under this Article for
23		persons who are otherwise eligible for assistance under this
24		Article.
25		Notwithstanding any other provision of this Code, the
26		Illinois Department may not require, as a condition of payment

HB5540 Enrolled - 919 - LRB099 16003 AMC 40320 b
1		for any laboratory test authorized under this Article, that a
2		physician's handwritten signature appear on the laboratory
3		test order form. The Illinois Department may, however, impose
4		other appropriate requirements regarding laboratory test order
5		documentation.
6		Upon receipt of federal approval of an amendment to the
7		Illinois Title XIX State Plan for this purpose, the Department
8		shall authorize the Chicago Public Schools (CPS) to procure a
9		vendor or vendors to manufacture eyeglasses for individuals
10		enrolled in a school within the CPS system. CPS shall ensure
11		that its vendor or vendors are enrolled as providers in the
12		medical assistance program and in any capitated Medicaid
13		managed care entity (MCE) serving individuals enrolled in a
14		school within the CPS system. Under any contract procured under
15		this provision, the vendor or vendors must serve only
16		individuals enrolled in a school within the CPS system. Claims
17		for services provided by CPS's vendor or vendors to recipients
18		of benefits in the medical assistance program under this Code,
19		the Children's Health Insurance Program, or the Covering ALL
20		KIDS Health Insurance Program shall be submitted to the
21		Department or the MCE in which the individual is enrolled for
22		payment and shall be reimbursed at the Department's or the
23		MCE's established rates or rate methodologies for eyeglasses.
24		On and after July 1, 2012, the Department of Healthcare and
25		Family Services may provide the following services to persons
26		eligible for assistance under this Article who are

HB5540 Enrolled - 920 - LRB099 16003 AMC 40320 b
1		participating in education, training or employment programs
2		operated by the Department of Human Services as successor to
3		the Department of Public Aid:
4		(1) dental services provided by or under the
5		supervision of a dentist; and
6		(2) eyeglasses prescribed by a physician skilled in the
7		diseases of the eye, or by an optometrist, whichever the
8		person may select.
9		Notwithstanding any other provision of this Code and
10		subject to federal approval, the Department may adopt rules to
11		allow a dentist who is volunteering his or her service at no
12		cost to render dental services through an enrolled
13		not-for-profit health clinic without the dentist personally
14		enrolling as a participating provider in the medical assistance
15		program. A not-for-profit health clinic shall include a public
16		health clinic or Federally Qualified Health Center or other
17		enrolled provider, as determined by the Department, through
18		which dental services covered under this Section are performed.
19		The Department shall establish a process for payment of claims
20		for reimbursement for covered dental services rendered under
21		this provision.
22		The Illinois Department, by rule, may distinguish and
23		classify the medical services to be provided only in accordance
24		with the classes of persons designated in Section 5-2.
25		The Department of Healthcare and Family Services must
26		provide coverage and reimbursement for amino acid-based

HB5540 Enrolled - 921 - LRB099 16003 AMC 40320 b
1		elemental formulas, regardless of delivery method, for the
2		diagnosis and treatment of (i) eosinophilic disorders and (ii)
3		short bowel syndrome when the prescribing physician has issued
4		a written order stating that the amino acid-based elemental
5		formula is medically necessary.
6		The Illinois Department shall authorize the provision of,
7		and shall authorize payment for, screening by low-dose
8		mammography for the presence of occult breast cancer for women
9		35 years of age or older who are eligible for medical
10		assistance under this Article, as follows:
11		(A) A baseline mammogram for women 35 to 39 years of
12		age.
13		(B) An annual mammogram for women 40 years of age or
14		older.
15		(C) A mammogram at the age and intervals considered
16		medically necessary by the woman's health care provider for
17		women under 40 years of age and having a family history of
18		breast cancer, prior personal history of breast cancer,
19		positive genetic testing, or other risk factors.
20		(D) A comprehensive ultrasound screening of an entire
21		breast or breasts if a mammogram demonstrates
22		heterogeneous or dense breast tissue, when medically
23		necessary as determined by a physician licensed to practice
24		medicine in all of its branches.
25		(E) A screening MRI when medically necessary, as
26		determined by a physician licensed to practice medicine in

HB5540 Enrolled - 922 - LRB099 16003 AMC 40320 b
1		all of its branches.
2		All screenings shall include a physical breast exam,
3		instruction on self-examination and information regarding the
4		frequency of self-examination and its value as a preventative
5		tool. For purposes of this Section, "low-dose mammography"
6		means the x-ray examination of the breast using equipment
7		dedicated specifically for mammography, including the x-ray
8		tube, filter, compression device, and image receptor, with an
9		average radiation exposure delivery of less than one rad per
10		breast for 2 views of an average size breast. The term also
11		includes digital mammography.
12		On and after January 1, 2016, the Department shall ensure
13		that all networks of care for adult clients of the Department
14		include access to at least one breast imaging Center of Imaging
15		Excellence as certified by the American College of Radiology.
16		On and after January 1, 2012, providers participating in a
17		quality improvement program approved by the Department shall be
18		reimbursed for screening and diagnostic mammography at the same
19		rate as the Medicare program's rates, including the increased
20		reimbursement for digital mammography.
21		The Department shall convene an expert panel including
22		representatives of hospitals, free-standing mammography
23		facilities, and doctors, including radiologists, to establish
24		quality standards for mammography.
25		On and after January 1, 2017, providers participating in a
26		breast cancer treatment quality improvement program approved

HB5540 Enrolled - 923 - LRB099 16003 AMC 40320 b
1		by the Department shall be reimbursed for breast cancer
2		treatment at a rate that is no lower than 95% of the Medicare
3		program's rates for the data elements included in the breast
4		cancer treatment quality program.
5		The Department shall convene an expert panel, including
6		representatives of hospitals, free standing breast cancer
7		treatment centers, breast cancer quality organizations, and
8		doctors, including breast surgeons, reconstructive breast
9		surgeons, oncologists, and primary care providers to establish
10		quality standards for breast cancer treatment.
11		Subject to federal approval, the Department shall
12		establish a rate methodology for mammography at federally
13		qualified health centers and other encounter-rate clinics.
14		These clinics or centers may also collaborate with other
15		hospital-based mammography facilities. By January 1, 2016, the
16		Department shall report to the General Assembly on the status
17		of the provision set forth in this paragraph.
18		The Department shall establish a methodology to remind
19		women who are age-appropriate for screening mammography, but
20		who have not received a mammogram within the previous 18
21		months, of the importance and benefit of screening mammography.
22		The Department shall work with experts in breast cancer
23		outreach and patient navigation to optimize these reminders and
24		shall establish a methodology for evaluating their
25		effectiveness and modifying the methodology based on the
26		evaluation.

HB5540 Enrolled - 924 - LRB099 16003 AMC 40320 b
1		The Department shall establish a performance goal for
2		primary care providers with respect to their female patients
3		over age 40 receiving an annual mammogram. This performance
4		goal shall be used to provide additional reimbursement in the
5		form of a quality performance bonus to primary care providers
6		who meet that goal.
7		The Department shall devise a means of case-managing or
8		patient navigation for beneficiaries diagnosed with breast
9		cancer. This program shall initially operate as a pilot program
10		in areas of the State with the highest incidence of mortality
11		related to breast cancer. At least one pilot program site shall
12		be in the metropolitan Chicago area and at least one site shall
13		be outside the metropolitan Chicago area. On or after July 1,
14		2016, the pilot program shall be expanded to include one site
15		in western Illinois, one site in southern Illinois, one site in
16		central Illinois, and 4 sites within metropolitan Chicago. An
17		evaluation of the pilot program shall be carried out measuring
18		health outcomes and cost of care for those served by the pilot
19		program compared to similarly situated patients who are not
20		served by the pilot program.
21		The Department shall require all networks of care to
22		develop a means either internally or by contract with experts
23		in navigation and community outreach to navigate cancer
24		patients to comprehensive care in a timely fashion. The
25		Department shall require all networks of care to include access
26		for patients diagnosed with cancer to at least one academic

HB5540 Enrolled - 925 - LRB099 16003 AMC 40320 b
1		commission on cancer-accredited cancer program as an
2		in-network covered benefit.
3		Any medical or health care provider shall immediately
4		recommend, to any pregnant woman who is being provided prenatal
5		services and is suspected of drug abuse or is addicted as
6		defined in the Alcoholism and Other Drug Abuse and Dependency
7		Act, referral to a local substance abuse treatment provider
8		licensed by the Department of Human Services or to a licensed
9		hospital which provides substance abuse treatment services.
10		The Department of Healthcare and Family Services shall assure
11		coverage for the cost of treatment of the drug abuse or
12		addiction for pregnant recipients in accordance with the
13		Illinois Medicaid Program in conjunction with the Department of
14		Human Services.
15		All medical providers providing medical assistance to
16		pregnant women under this Code shall receive information from
17		the Department on the availability of services under the Drug
18		Free Families with a Future or any comparable program providing
19		case management services for addicted women, including
20		information on appropriate referrals for other social services
21		that may be needed by addicted women in addition to treatment
22		for addiction.
23		The Illinois Department, in cooperation with the
24		Departments of Human Services (as successor to the Department
25		of Alcoholism and Substance Abuse) and Public Health, through a
26		public awareness campaign, may provide information concerning

HB5540 Enrolled - 926 - LRB099 16003 AMC 40320 b
1		treatment for alcoholism and drug abuse and addiction, prenatal
2		health care, and other pertinent programs directed at reducing
3		the number of drug-affected infants born to recipients of
4		medical assistance.
5		Neither the Department of Healthcare and Family Services
6		nor the Department of Human Services shall sanction the
7		recipient solely on the basis of her substance abuse.
8		The Illinois Department shall establish such regulations
9		governing the dispensing of health services under this Article
10		as it shall deem appropriate. The Department should seek the
11		advice of formal professional advisory committees appointed by
12		the Director of the Illinois Department for the purpose of
13		providing regular advice on policy and administrative matters,
14		information dissemination and educational activities for
15		medical and health care providers, and consistency in
16		procedures to the Illinois Department.
17		The Illinois Department may develop and contract with
18		Partnerships of medical providers to arrange medical services
19		for persons eligible under Section 5-2 of this Code.
20		Implementation of this Section may be by demonstration projects
21		in certain geographic areas. The Partnership shall be
22		represented by a sponsor organization. The Department, by rule,
23		shall develop qualifications for sponsors of Partnerships.
24		Nothing in this Section shall be construed to require that the
25		sponsor organization be a medical organization.
26		The sponsor must negotiate formal written contracts with

HB5540 Enrolled - 927 - LRB099 16003 AMC 40320 b
1		medical providers for physician services, inpatient and
2		outpatient hospital care, home health services, treatment for
3		alcoholism and substance abuse, and other services determined
4		necessary by the Illinois Department by rule for delivery by
5		Partnerships. Physician services must include prenatal and
6		obstetrical care. The Illinois Department shall reimburse
7		medical services delivered by Partnership providers to clients
8		in target areas according to provisions of this Article and the
9		Illinois Health Finance Reform Act, except that:
10		(1) Physicians participating in a Partnership and
11		providing certain services, which shall be determined by
12		the Illinois Department, to persons in areas covered by the
13		Partnership may receive an additional surcharge for such
14		services.
15		(2) The Department may elect to consider and negotiate
16		financial incentives to encourage the development of
17		Partnerships and the efficient delivery of medical care.
18		(3) Persons receiving medical services through
19		Partnerships may receive medical and case management
20		services above the level usually offered through the
21		medical assistance program.
22		Medical providers shall be required to meet certain
23		qualifications to participate in Partnerships to ensure the
24		delivery of high quality medical services. These
25		qualifications shall be determined by rule of the Illinois
26		Department and may be higher than qualifications for

HB5540 Enrolled - 928 - LRB099 16003 AMC 40320 b
1		participation in the medical assistance program. Partnership
2		sponsors may prescribe reasonable additional qualifications
3		for participation by medical providers, only with the prior
4		written approval of the Illinois Department.
5		Nothing in this Section shall limit the free choice of
6		practitioners, hospitals, and other providers of medical
7		services by clients. In order to ensure patient freedom of
8		choice, the Illinois Department shall immediately promulgate
9		all rules and take all other necessary actions so that provided
10		services may be accessed from therapeutically certified
11		optometrists to the full extent of the Illinois Optometric
12		Practice Act of 1987 without discriminating between service
13		providers.
14		The Department shall apply for a waiver from the United
15		States Health Care Financing Administration to allow for the
16		implementation of Partnerships under this Section.
17		The Illinois Department shall require health care
18		providers to maintain records that document the medical care
19		and services provided to recipients of Medical Assistance under
20		this Article. Such records must be retained for a period of not
21		less than 6 years from the date of service or as provided by
22		applicable State law, whichever period is longer, except that
23		if an audit is initiated within the required retention period
24		then the records must be retained until the audit is completed
25		and every exception is resolved. The Illinois Department shall
26		require health care providers to make available, when

HB5540 Enrolled - 929 - LRB099 16003 AMC 40320 b
1		authorized by the patient, in writing, the medical records in a
2		timely fashion to other health care providers who are treating
3		or serving persons eligible for Medical Assistance under this
4		Article. All dispensers of medical services shall be required
5		to maintain and retain business and professional records
6		sufficient to fully and accurately document the nature, scope,
7		details and receipt of the health care provided to persons
8		eligible for medical assistance under this Code, in accordance
9		with regulations promulgated by the Illinois Department. The
10		rules and regulations shall require that proof of the receipt
11		of prescription drugs, dentures, prosthetic devices and
12		eyeglasses by eligible persons under this Section accompany
13		each claim for reimbursement submitted by the dispenser of such
14		medical services. No such claims for reimbursement shall be
15		approved for payment by the Illinois Department without such
16		proof of receipt, unless the Illinois Department shall have put
17		into effect and shall be operating a system of post-payment
18		audit and review which shall, on a sampling basis, be deemed
19		adequate by the Illinois Department to assure that such drugs,
20		dentures, prosthetic devices and eyeglasses for which payment
21		is being made are actually being received by eligible
22		recipients. Within 90 days after September 16, 1984 (the
23		effective date of Public Act 83-1439) this amendatory Act of
24		1984, the Illinois Department shall establish a current list of
25		acquisition costs for all prosthetic devices and any other
26		items recognized as medical equipment and supplies

HB5540 Enrolled - 930 - LRB099 16003 AMC 40320 b
1		reimbursable under this Article and shall update such list on a
2		quarterly basis, except that the acquisition costs of all
3		prescription drugs shall be updated no less frequently than
4		every 30 days as required by Section 5-5.12.
5		The rules and regulations of the Illinois Department shall
6		require that a written statement including the required opinion
7		of a physician shall accompany any claim for reimbursement for
8		abortions, or induced miscarriages or premature births. This
9		statement shall indicate what procedures were used in providing
10		such medical services.
11		Notwithstanding any other law to the contrary, the Illinois
12		Department shall, within 365 days after July 22, 2013 (the
13		effective date of Public Act 98-104), establish procedures to
14		permit skilled care facilities licensed under the Nursing Home
15		Care Act to submit monthly billing claims for reimbursement
16		purposes. Following development of these procedures, the
17		Department shall, by July 1, 2016, test the viability of the
18		new system and implement any necessary operational or
19		structural changes to its information technology platforms in
20		order to allow for the direct acceptance and payment of nursing
21		home claims.
22		Notwithstanding any other law to the contrary, the Illinois
23		Department shall, within 365 days after August 15, 2014 (the
24		effective date of Public Act 98-963), establish procedures to
25		permit ID/DD facilities licensed under the ID/DD Community Care
26		Act and MC/DD facilities licensed under the MC/DD Act to submit

HB5540 Enrolled - 931 - LRB099 16003 AMC 40320 b
1		monthly billing claims for reimbursement purposes. Following
2		development of these procedures, the Department shall have an
3		additional 365 days to test the viability of the new system and
4		to ensure that any necessary operational or structural changes
5		to its information technology platforms are implemented.
6		The Illinois Department shall require all dispensers of
7		medical services, other than an individual practitioner or
8		group of practitioners, desiring to participate in the Medical
9		Assistance program established under this Article to disclose
10		all financial, beneficial, ownership, equity, surety or other
11		interests in any and all firms, corporations, partnerships,
12		associations, business enterprises, joint ventures, agencies,
13		institutions or other legal entities providing any form of
14		health care services in this State under this Article.
15		The Illinois Department may require that all dispensers of
16		medical services desiring to participate in the medical
17		assistance program established under this Article disclose,
18		under such terms and conditions as the Illinois Department may
19		by rule establish, all inquiries from clients and attorneys
20		regarding medical bills paid by the Illinois Department, which
21		inquiries could indicate potential existence of claims or liens
22		for the Illinois Department.
23		Enrollment of a vendor shall be subject to a provisional
24		period and shall be conditional for one year. During the period
25		of conditional enrollment, the Department may terminate the
26		vendor's eligibility to participate in, or may disenroll the

HB5540 Enrolled - 932 - LRB099 16003 AMC 40320 b
1		vendor from, the medical assistance program without cause.
2		Unless otherwise specified, such termination of eligibility or
3		disenrollment is not subject to the Department's hearing
4		process. However, a disenrolled vendor may reapply without
5		penalty.
6		The Department has the discretion to limit the conditional
7		enrollment period for vendors based upon category of risk of
8		the vendor.
9		Prior to enrollment and during the conditional enrollment
10		period in the medical assistance program, all vendors shall be
11		subject to enhanced oversight, screening, and review based on
12		the risk of fraud, waste, and abuse that is posed by the
13		category of risk of the vendor. The Illinois Department shall
14		establish the procedures for oversight, screening, and review,
15		which may include, but need not be limited to: criminal and
16		financial background checks; fingerprinting; license,
17		certification, and authorization verifications; unscheduled or
18		unannounced site visits; database checks; prepayment audit
19		reviews; audits; payment caps; payment suspensions; and other
20		screening as required by federal or State law.
21		The Department shall define or specify the following: (i)
22		by provider notice, the "category of risk of the vendor" for
23		each type of vendor, which shall take into account the level of
24		screening applicable to a particular category of vendor under
25		federal law and regulations; (ii) by rule or provider notice,
26		the maximum length of the conditional enrollment period for

HB5540 Enrolled - 933 - LRB099 16003 AMC 40320 b
1		each category of risk of the vendor; and (iii) by rule, the
2		hearing rights, if any, afforded to a vendor in each category
3		of risk of the vendor that is terminated or disenrolled during
4		the conditional enrollment period.
5		To be eligible for payment consideration, a vendor's
6		payment claim or bill, either as an initial claim or as a
7		resubmitted claim following prior rejection, must be received
8		by the Illinois Department, or its fiscal intermediary, no
9		later than 180 days after the latest date on the claim on which
10		medical goods or services were provided, with the following
11		exceptions:
12		(1) In the case of a provider whose enrollment is in
13		process by the Illinois Department, the 180-day period
14		shall not begin until the date on the written notice from
15		the Illinois Department that the provider enrollment is
16		complete.
17		(2) In the case of errors attributable to the Illinois
18		Department or any of its claims processing intermediaries
19		which result in an inability to receive, process, or
20		adjudicate a claim, the 180-day period shall not begin
21		until the provider has been notified of the error.
22		(3) In the case of a provider for whom the Illinois
23		Department initiates the monthly billing process.
24		(4) In the case of a provider operated by a unit of
25		local government with a population exceeding 3,000,000
26		when local government funds finance federal participation

HB5540 Enrolled - 934 - LRB099 16003 AMC 40320 b
1		for claims payments.
2		For claims for services rendered during a period for which
3		a recipient received retroactive eligibility, claims must be
4		filed within 180 days after the Department determines the
5		applicant is eligible. For claims for which the Illinois
6		Department is not the primary payer, claims must be submitted
7		to the Illinois Department within 180 days after the final
8		adjudication by the primary payer.
9		In the case of long term care facilities, within 5 days of
10		receipt by the facility of required prescreening information,
11		data for new admissions shall be entered into the Medical
12		Electronic Data Interchange (MEDI) or the Recipient
13		Eligibility Verification (REV) System or successor system, and
14		within 15 days of receipt by the facility of required
15		prescreening information, admission documents shall be
16		submitted through MEDI or REV or shall be submitted directly to
17		the Department of Human Services using required admission
18		forms. Effective September 1, 2014, admission documents,
19		including all prescreening information, must be submitted
20		through MEDI or REV. Confirmation numbers assigned to an
21		accepted transaction shall be retained by a facility to verify
22		timely submittal. Once an admission transaction has been
23		completed, all resubmitted claims following prior rejection
24		are subject to receipt no later than 180 days after the
25		admission transaction has been completed.
26		Claims that are not submitted and received in compliance

HB5540 Enrolled - 935 - LRB099 16003 AMC 40320 b
1		with the foregoing requirements shall not be eligible for
2		payment under the medical assistance program, and the State
3		shall have no liability for payment of those claims.
4		To the extent consistent with applicable information and
5		privacy, security, and disclosure laws, State and federal
6		agencies and departments shall provide the Illinois Department
7		access to confidential and other information and data necessary
8		to perform eligibility and payment verifications and other
9		Illinois Department functions. This includes, but is not
10		limited to: information pertaining to licensure;
11		certification; earnings; immigration status; citizenship; wage
12		reporting; unearned and earned income; pension income;
13		employment; supplemental security income; social security
14		numbers; National Provider Identifier (NPI) numbers; the
15		National Practitioner Data Bank (NPDB); program and agency
16		exclusions; taxpayer identification numbers; tax delinquency;
17		corporate information; and death records.
18		The Illinois Department shall enter into agreements with
19		State agencies and departments, and is authorized to enter into
20		agreements with federal agencies and departments, under which
21		such agencies and departments shall share data necessary for
22		medical assistance program integrity functions and oversight.
23		The Illinois Department shall develop, in cooperation with
24		other State departments and agencies, and in compliance with
25		applicable federal laws and regulations, appropriate and
26		effective methods to share such data. At a minimum, and to the

HB5540 Enrolled - 936 - LRB099 16003 AMC 40320 b
1		extent necessary to provide data sharing, the Illinois
2		Department shall enter into agreements with State agencies and
3		departments, and is authorized to enter into agreements with
4		federal agencies and departments, including but not limited to:
5		the Secretary of State; the Department of Revenue; the
6		Department of Public Health; the Department of Human Services;
7		and the Department of Financial and Professional Regulation.
8		Beginning in fiscal year 2013, the Illinois Department
9		shall set forth a request for information to identify the
10		benefits of a pre-payment, post-adjudication, and post-edit
11		claims system with the goals of streamlining claims processing
12		and provider reimbursement, reducing the number of pending or
13		rejected claims, and helping to ensure a more transparent
14		adjudication process through the utilization of: (i) provider
15		data verification and provider screening technology; and (ii)
16		clinical code editing; and (iii) pre-pay, pre- or
17		post-adjudicated predictive modeling with an integrated case
18		management system with link analysis. Such a request for
19		information shall not be considered as a request for proposal
20		or as an obligation on the part of the Illinois Department to
21		take any action or acquire any products or services.
22		The Illinois Department shall establish policies,
23		procedures, standards and criteria by rule for the acquisition,
24		repair and replacement of orthotic and prosthetic devices and
25		durable medical equipment. Such rules shall provide, but not be
26		limited to, the following services: (1) immediate repair or

HB5540 Enrolled - 937 - LRB099 16003 AMC 40320 b
1		replacement of such devices by recipients; and (2) rental,
2		lease, purchase or lease-purchase of durable medical equipment
3		in a cost-effective manner, taking into consideration the
4		recipient's medical prognosis, the extent of the recipient's
5		needs, and the requirements and costs for maintaining such
6		equipment. Subject to prior approval, such rules shall enable a
7		recipient to temporarily acquire and use alternative or
8		substitute devices or equipment pending repairs or
9		replacements of any device or equipment previously authorized
10		for such recipient by the Department.
11		The Department shall execute, relative to the nursing home
12		prescreening project, written inter-agency agreements with the
13		Department of Human Services and the Department on Aging, to
14		effect the following: (i) intake procedures and common
15		eligibility criteria for those persons who are receiving
16		non-institutional services; and (ii) the establishment and
17		development of non-institutional services in areas of the State
18		where they are not currently available or are undeveloped; and
19		(iii) notwithstanding any other provision of law, subject to
20		federal approval, on and after July 1, 2012, an increase in the
21		determination of need (DON) scores from 29 to 37 for applicants
22		for institutional and home and community-based long term care;
23		if and only if federal approval is not granted, the Department
24		may, in conjunction with other affected agencies, implement
25		utilization controls or changes in benefit packages to
26		effectuate a similar savings amount for this population; and

HB5540 Enrolled - 938 - LRB099 16003 AMC 40320 b
1		(iv) no later than July 1, 2013, minimum level of care
2		eligibility criteria for institutional and home and
3		community-based long term care; and (v) no later than October
4		1, 2013, establish procedures to permit long term care
5		providers access to eligibility scores for individuals with an
6		admission date who are seeking or receiving services from the
7		long term care provider. In order to select the minimum level
8		of care eligibility criteria, the Governor shall establish a
9		workgroup that includes affected agency representatives and
10		stakeholders representing the institutional and home and
11		community-based long term care interests. This Section shall
12		not restrict the Department from implementing lower level of
13		care eligibility criteria for community-based services in
14		circumstances where federal approval has been granted.
15		The Illinois Department shall develop and operate, in
16		cooperation with other State Departments and agencies and in
17		compliance with applicable federal laws and regulations,
18		appropriate and effective systems of health care evaluation and
19		programs for monitoring of utilization of health care services
20		and facilities, as it affects persons eligible for medical
21		assistance under this Code.
22		The Illinois Department shall report annually to the
23		General Assembly, no later than the second Friday in April of
24		1979 and each year thereafter, in regard to:
25		(a) actual statistics and trends in utilization of
26		medical services by public aid recipients;

HB5540 Enrolled - 939 - LRB099 16003 AMC 40320 b
1		(b) actual statistics and trends in the provision of
2		the various medical services by medical vendors;
3		(c) current rate structures and proposed changes in
4		those rate structures for the various medical vendors; and
5		(d) efforts at utilization review and control by the
6		Illinois Department.
7		The period covered by each report shall be the 3 years
8		ending on the June 30 prior to the report. The report shall
9		include suggested legislation for consideration by the General
10		Assembly. The filing of one copy of the report with the
11		Speaker, one copy with the Minority Leader and one copy with
12		the Clerk of the House of Representatives, one copy with the
13		President, one copy with the Minority Leader and one copy with
14		the Secretary of the Senate, one copy with the Legislative
15		Research Unit, and such additional copies with the State
16		Government Report Distribution Center for the General Assembly
17		as is required under paragraph (t) of Section 7 of the State
18		Library Act shall be deemed sufficient to comply with this
19		Section.
20		Rulemaking authority to implement Public Act 95-1045, if
21		any, is conditioned on the rules being adopted in accordance
22		with all provisions of the Illinois Administrative Procedure
23		Act and all rules and procedures of the Joint Committee on
24		Administrative Rules; any purported rule not so adopted, for
25		whatever reason, is unauthorized.
26		On and after July 1, 2012, the Department shall reduce any

HB5540 Enrolled - 940 - LRB099 16003 AMC 40320 b
1		rate of reimbursement for services or other payments or alter
2		any methodologies authorized by this Code to reduce any rate of
3		reimbursement for services or other payments in accordance with
4		Section 5-5e.
5		Because kidney transplantation can be an appropriate, cost
6		effective alternative to renal dialysis when medically
7		necessary and notwithstanding the provisions of Section 1-11 of
8		this Code, beginning October 1, 2014, the Department shall
9		cover kidney transplantation for noncitizens with end-stage
10		renal disease who are not eligible for comprehensive medical
11		benefits, who meet the residency requirements of Section 5-3 of
12		this Code, and who would otherwise meet the financial
13		requirements of the appropriate class of eligible persons under
14		Section 5-2 of this Code. To qualify for coverage of kidney
15		transplantation, such person must be receiving emergency renal
16		dialysis services covered by the Department. Providers under
17		this Section shall be prior approved and certified by the
18		Department to perform kidney transplantation and the services
19		under this Section shall be limited to services associated with
20		kidney transplantation.
21		Notwithstanding any other provision of this Code to the
22		contrary, on or after July 1, 2015, all FDA approved forms of
23		medication assisted treatment prescribed for the treatment of
24		alcohol dependence or treatment of opioid dependence shall be
25		covered under both fee for service and managed care medical
26		assistance programs for persons who are otherwise eligible for

HB5540 Enrolled - 941 - LRB099 16003 AMC 40320 b
1		medical assistance under this Article and shall not be subject
2		to any (1) utilization control, other than those established
3		under the American Society of Addiction Medicine patient
4		placement criteria, (2) prior authorization mandate, or (3)
5		lifetime restriction limit mandate.
6		On or after July 1, 2015, opioid antagonists prescribed for
7		the treatment of an opioid overdose, including the medication
8		product, administration devices, and any pharmacy fees related
9		to the dispensing and administration of the opioid antagonist,
10		shall be covered under the medical assistance program for
11		persons who are otherwise eligible for medical assistance under
12		this Article. As used in this Section, "opioid antagonist"
13		means a drug that binds to opioid receptors and blocks or
14		inhibits the effect of opioids acting on those receptors,
15		including, but not limited to, naloxone hydrochloride or any
16		other similarly acting drug approved by the U.S. Food and Drug
17		Administration.
18		(Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13;
19		98-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff.
20		8-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756,
21		eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15;
22		99-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-433, eff.
23		8-21-15; 99-480, eff. 9-9-15; revised 10-13-15.)
24		(Text of Section after amendment by P.A. 99-407)
25		Sec. 5-5. Medical services. The Illinois Department, by

HB5540 Enrolled - 942 - LRB099 16003 AMC 40320 b
1		rule, shall determine the quantity and quality of and the rate
2		of reimbursement for the medical assistance for which payment
3		will be authorized, and the medical services to be provided,
4		which may include all or part of the following: (1) inpatient
5		hospital services; (2) outpatient hospital services; (3) other
6		laboratory and X-ray services; (4) skilled nursing home
7		services; (5) physicians' services whether furnished in the
8		office, the patient's home, a hospital, a skilled nursing home,
9		or elsewhere; (6) medical care, or any other type of remedial
10		care furnished by licensed practitioners; (7) home health care
11		services; (8) private duty nursing service; (9) clinic
12		services; (10) dental services, including prevention and
13		treatment of periodontal disease and dental caries disease for
14		pregnant women, provided by an individual licensed to practice
15		dentistry or dental surgery; for purposes of this item (10),
16		"dental services" means diagnostic, preventive, or corrective
17		procedures provided by or under the supervision of a dentist in
18		the practice of his or her profession; (11) physical therapy
19		and related services; (12) prescribed drugs, dentures, and
20		prosthetic devices; and eyeglasses prescribed by a physician
21		skilled in the diseases of the eye, or by an optometrist,
22		whichever the person may select; (13) other diagnostic,
23		screening, preventive, and rehabilitative services, including
24		to ensure that the individual's need for intervention or
25		treatment of mental disorders or substance use disorders or
26		co-occurring mental health and substance use disorders is

HB5540 Enrolled - 943 - LRB099 16003 AMC 40320 b
1		determined using a uniform screening, assessment, and
2		evaluation process inclusive of criteria, for children and
3		adults; for purposes of this item (13), a uniform screening,
4		assessment, and evaluation process refers to a process that
5		includes an appropriate evaluation and, as warranted, a
6		referral; "uniform" does not mean the use of a singular
7		instrument, tool, or process that all must utilize; (14)
8		transportation and such other expenses as may be necessary;
9		(15) medical treatment of sexual assault survivors, as defined
10		in Section 1a of the Sexual Assault Survivors Emergency
11		Treatment Act, for injuries sustained as a result of the sexual
12		assault, including examinations and laboratory tests to
13		discover evidence which may be used in criminal proceedings
14		arising from the sexual assault; (16) the diagnosis and
15		treatment of sickle cell anemia; and (17) any other medical
16		care, and any other type of remedial care recognized under the
17		laws of this State, but not including abortions, or induced
18		miscarriages or premature births, unless, in the opinion of a
19		physician, such procedures are necessary for the preservation
20		of the life of the woman seeking such treatment, or except an
21		induced premature birth intended to produce a live viable child
22		and such procedure is necessary for the health of the mother or
23		her unborn child. The Illinois Department, by rule, shall
24		prohibit any physician from providing medical assistance to
25		anyone eligible therefor under this Code where such physician
26		has been found guilty of performing an abortion procedure in a

HB5540 Enrolled - 944 - LRB099 16003 AMC 40320 b
1		wilful and wanton manner upon a woman who was not pregnant at
2		the time such abortion procedure was performed. The term "any
3		other type of remedial care" shall include nursing care and
4		nursing home service for persons who rely on treatment by
5		spiritual means alone through prayer for healing.
6		Notwithstanding any other provision of this Section, a
7		comprehensive tobacco use cessation program that includes
8		purchasing prescription drugs or prescription medical devices
9		approved by the Food and Drug Administration shall be covered
10		under the medical assistance program under this Article for
11		persons who are otherwise eligible for assistance under this
12		Article.
13		Notwithstanding any other provision of this Code, the
14		Illinois Department may not require, as a condition of payment
15		for any laboratory test authorized under this Article, that a
16		physician's handwritten signature appear on the laboratory
17		test order form. The Illinois Department may, however, impose
18		other appropriate requirements regarding laboratory test order
19		documentation.
20		Upon receipt of federal approval of an amendment to the
21		Illinois Title XIX State Plan for this purpose, the Department
22		shall authorize the Chicago Public Schools (CPS) to procure a
23		vendor or vendors to manufacture eyeglasses for individuals
24		enrolled in a school within the CPS system. CPS shall ensure
25		that its vendor or vendors are enrolled as providers in the
26		medical assistance program and in any capitated Medicaid

HB5540 Enrolled - 945 - LRB099 16003 AMC 40320 b
1		managed care entity (MCE) serving individuals enrolled in a
2		school within the CPS system. Under any contract procured under
3		this provision, the vendor or vendors must serve only
4		individuals enrolled in a school within the CPS system. Claims
5		for services provided by CPS's vendor or vendors to recipients
6		of benefits in the medical assistance program under this Code,
7		the Children's Health Insurance Program, or the Covering ALL
8		KIDS Health Insurance Program shall be submitted to the
9		Department or the MCE in which the individual is enrolled for
10		payment and shall be reimbursed at the Department's or the
11		MCE's established rates or rate methodologies for eyeglasses.
12		On and after July 1, 2012, the Department of Healthcare and
13		Family Services may provide the following services to persons
14		eligible for assistance under this Article who are
15		participating in education, training or employment programs
16		operated by the Department of Human Services as successor to
17		the Department of Public Aid:
18		(1) dental services provided by or under the
19		supervision of a dentist; and
20		(2) eyeglasses prescribed by a physician skilled in the
21		diseases of the eye, or by an optometrist, whichever the
22		person may select.
23		Notwithstanding any other provision of this Code and
24		subject to federal approval, the Department may adopt rules to
25		allow a dentist who is volunteering his or her service at no
26		cost to render dental services through an enrolled

HB5540 Enrolled - 946 - LRB099 16003 AMC 40320 b
1		not-for-profit health clinic without the dentist personally
2		enrolling as a participating provider in the medical assistance
3		program. A not-for-profit health clinic shall include a public
4		health clinic or Federally Qualified Health Center or other
5		enrolled provider, as determined by the Department, through
6		which dental services covered under this Section are performed.
7		The Department shall establish a process for payment of claims
8		for reimbursement for covered dental services rendered under
9		this provision.
10		The Illinois Department, by rule, may distinguish and
11		classify the medical services to be provided only in accordance
12		with the classes of persons designated in Section 5-2.
13		The Department of Healthcare and Family Services must
14		provide coverage and reimbursement for amino acid-based
15		elemental formulas, regardless of delivery method, for the
16		diagnosis and treatment of (i) eosinophilic disorders and (ii)
17		short bowel syndrome when the prescribing physician has issued
18		a written order stating that the amino acid-based elemental
19		formula is medically necessary.
20		The Illinois Department shall authorize the provision of,
21		and shall authorize payment for, screening by low-dose
22		mammography for the presence of occult breast cancer for women
23		35 years of age or older who are eligible for medical
24		assistance under this Article, as follows:
25		(A) A baseline mammogram for women 35 to 39 years of
26		age.

HB5540 Enrolled - 947 - LRB099 16003 AMC 40320 b
1		(B) An annual mammogram for women 40 years of age or
2		older.
3		(C) A mammogram at the age and intervals considered
4		medically necessary by the woman's health care provider for
5		women under 40 years of age and having a family history of
6		breast cancer, prior personal history of breast cancer,
7		positive genetic testing, or other risk factors.
8		(D) A comprehensive ultrasound screening of an entire
9		breast or breasts if a mammogram demonstrates
10		heterogeneous or dense breast tissue, when medically
11		necessary as determined by a physician licensed to practice
12		medicine in all of its branches.
13		(E) A screening MRI when medically necessary, as
14		determined by a physician licensed to practice medicine in
15		all of its branches.
16		All screenings shall include a physical breast exam,
17		instruction on self-examination and information regarding the
18		frequency of self-examination and its value as a preventative
19		tool. For purposes of this Section, "low-dose mammography"
20		means the x-ray examination of the breast using equipment
21		dedicated specifically for mammography, including the x-ray
22		tube, filter, compression device, and image receptor, with an
23		average radiation exposure delivery of less than one rad per
24		breast for 2 views of an average size breast. The term also
25		includes digital mammography and includes breast
26		tomosynthesis. As used in this Section, the term "breast

HB5540 Enrolled - 948 - LRB099 16003 AMC 40320 b
1		tomosynthesis" means a radiologic procedure that involves the
2		acquisition of projection images over the stationary breast to
3		produce cross-sectional digital three-dimensional images of
4		the breast.
5		On and after January 1, 2016, the Department shall ensure
6		that all networks of care for adult clients of the Department
7		include access to at least one breast imaging Center of Imaging
8		Excellence as certified by the American College of Radiology.
9		On and after January 1, 2012, providers participating in a
10		quality improvement program approved by the Department shall be
11		reimbursed for screening and diagnostic mammography at the same
12		rate as the Medicare program's rates, including the increased
13		reimbursement for digital mammography.
14		The Department shall convene an expert panel including
15		representatives of hospitals, free-standing mammography
16		facilities, and doctors, including radiologists, to establish
17		quality standards for mammography.
18		On and after January 1, 2017, providers participating in a
19		breast cancer treatment quality improvement program approved
20		by the Department shall be reimbursed for breast cancer
21		treatment at a rate that is no lower than 95% of the Medicare
22		program's rates for the data elements included in the breast
23		cancer treatment quality program.
24		The Department shall convene an expert panel, including
25		representatives of hospitals, free standing breast cancer
26		treatment centers, breast cancer quality organizations, and

HB5540 Enrolled - 949 - LRB099 16003 AMC 40320 b
1		doctors, including breast surgeons, reconstructive breast
2		surgeons, oncologists, and primary care providers to establish
3		quality standards for breast cancer treatment.
4		Subject to federal approval, the Department shall
5		establish a rate methodology for mammography at federally
6		qualified health centers and other encounter-rate clinics.
7		These clinics or centers may also collaborate with other
8		hospital-based mammography facilities. By January 1, 2016, the
9		Department shall report to the General Assembly on the status
10		of the provision set forth in this paragraph.
11		The Department shall establish a methodology to remind
12		women who are age-appropriate for screening mammography, but
13		who have not received a mammogram within the previous 18
14		months, of the importance and benefit of screening mammography.
15		The Department shall work with experts in breast cancer
16		outreach and patient navigation to optimize these reminders and
17		shall establish a methodology for evaluating their
18		effectiveness and modifying the methodology based on the
19		evaluation.
20		The Department shall establish a performance goal for
21		primary care providers with respect to their female patients
22		over age 40 receiving an annual mammogram. This performance
23		goal shall be used to provide additional reimbursement in the
24		form of a quality performance bonus to primary care providers
25		who meet that goal.
26		The Department shall devise a means of case-managing or

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1		patient navigation for beneficiaries diagnosed with breast
2		cancer. This program shall initially operate as a pilot program
3		in areas of the State with the highest incidence of mortality
4		related to breast cancer. At least one pilot program site shall
5		be in the metropolitan Chicago area and at least one site shall
6		be outside the metropolitan Chicago area. On or after July 1,
7		2016, the pilot program shall be expanded to include one site
8		in western Illinois, one site in southern Illinois, one site in
9		central Illinois, and 4 sites within metropolitan Chicago. An
10		evaluation of the pilot program shall be carried out measuring
11		health outcomes and cost of care for those served by the pilot
12		program compared to similarly situated patients who are not
13		served by the pilot program.
14		The Department shall require all networks of care to
15		develop a means either internally or by contract with experts
16		in navigation and community outreach to navigate cancer
17		patients to comprehensive care in a timely fashion. The
18		Department shall require all networks of care to include access
19		for patients diagnosed with cancer to at least one academic
20		commission on cancer-accredited cancer program as an
21		in-network covered benefit.
22		Any medical or health care provider shall immediately
23		recommend, to any pregnant woman who is being provided prenatal
24		services and is suspected of drug abuse or is addicted as
25		defined in the Alcoholism and Other Drug Abuse and Dependency
26		Act, referral to a local substance abuse treatment provider

HB5540 Enrolled - 951 - LRB099 16003 AMC 40320 b
1		licensed by the Department of Human Services or to a licensed
2		hospital which provides substance abuse treatment services.
3		The Department of Healthcare and Family Services shall assure
4		coverage for the cost of treatment of the drug abuse or
5		addiction for pregnant recipients in accordance with the
6		Illinois Medicaid Program in conjunction with the Department of
7		Human Services.
8		All medical providers providing medical assistance to
9		pregnant women under this Code shall receive information from
10		the Department on the availability of services under the Drug
11		Free Families with a Future or any comparable program providing
12		case management services for addicted women, including
13		information on appropriate referrals for other social services
14		that may be needed by addicted women in addition to treatment
15		for addiction.
16		The Illinois Department, in cooperation with the
17		Departments of Human Services (as successor to the Department
18		of Alcoholism and Substance Abuse) and Public Health, through a
19		public awareness campaign, may provide information concerning
20		treatment for alcoholism and drug abuse and addiction, prenatal
21		health care, and other pertinent programs directed at reducing
22		the number of drug-affected infants born to recipients of
23		medical assistance.
24		Neither the Department of Healthcare and Family Services
25		nor the Department of Human Services shall sanction the
26		recipient solely on the basis of her substance abuse.

HB5540 Enrolled - 952 - LRB099 16003 AMC 40320 b
1		The Illinois Department shall establish such regulations
2		governing the dispensing of health services under this Article
3		as it shall deem appropriate. The Department should seek the
4		advice of formal professional advisory committees appointed by
5		the Director of the Illinois Department for the purpose of
6		providing regular advice on policy and administrative matters,
7		information dissemination and educational activities for
8		medical and health care providers, and consistency in
9		procedures to the Illinois Department.
10		The Illinois Department may develop and contract with
11		Partnerships of medical providers to arrange medical services
12		for persons eligible under Section 5-2 of this Code.
13		Implementation of this Section may be by demonstration projects
14		in certain geographic areas. The Partnership shall be
15		represented by a sponsor organization. The Department, by rule,
16		shall develop qualifications for sponsors of Partnerships.
17		Nothing in this Section shall be construed to require that the
18		sponsor organization be a medical organization.
19		The sponsor must negotiate formal written contracts with
20		medical providers for physician services, inpatient and
21		outpatient hospital care, home health services, treatment for
22		alcoholism and substance abuse, and other services determined
23		necessary by the Illinois Department by rule for delivery by
24		Partnerships. Physician services must include prenatal and
25		obstetrical care. The Illinois Department shall reimburse
26		medical services delivered by Partnership providers to clients

HB5540 Enrolled - 953 - LRB099 16003 AMC 40320 b
1		in target areas according to provisions of this Article and the
2		Illinois Health Finance Reform Act, except that:
3		(1) Physicians participating in a Partnership and
4		providing certain services, which shall be determined by
5		the Illinois Department, to persons in areas covered by the
6		Partnership may receive an additional surcharge for such
7		services.
8		(2) The Department may elect to consider and negotiate
9		financial incentives to encourage the development of
10		Partnerships and the efficient delivery of medical care.
11		(3) Persons receiving medical services through
12		Partnerships may receive medical and case management
13		services above the level usually offered through the
14		medical assistance program.
15		Medical providers shall be required to meet certain
16		qualifications to participate in Partnerships to ensure the
17		delivery of high quality medical services. These
18		qualifications shall be determined by rule of the Illinois
19		Department and may be higher than qualifications for
20		participation in the medical assistance program. Partnership
21		sponsors may prescribe reasonable additional qualifications
22		for participation by medical providers, only with the prior
23		written approval of the Illinois Department.
24		Nothing in this Section shall limit the free choice of
25		practitioners, hospitals, and other providers of medical
26		services by clients. In order to ensure patient freedom of

HB5540 Enrolled - 954 - LRB099 16003 AMC 40320 b
1		choice, the Illinois Department shall immediately promulgate
2		all rules and take all other necessary actions so that provided
3		services may be accessed from therapeutically certified
4		optometrists to the full extent of the Illinois Optometric
5		Practice Act of 1987 without discriminating between service
6		providers.
7		The Department shall apply for a waiver from the United
8		States Health Care Financing Administration to allow for the
9		implementation of Partnerships under this Section.
10		The Illinois Department shall require health care
11		providers to maintain records that document the medical care
12		and services provided to recipients of Medical Assistance under
13		this Article. Such records must be retained for a period of not
14		less than 6 years from the date of service or as provided by
15		applicable State law, whichever period is longer, except that
16		if an audit is initiated within the required retention period
17		then the records must be retained until the audit is completed
18		and every exception is resolved. The Illinois Department shall
19		require health care providers to make available, when
20		authorized by the patient, in writing, the medical records in a
21		timely fashion to other health care providers who are treating
22		or serving persons eligible for Medical Assistance under this
23		Article. All dispensers of medical services shall be required
24		to maintain and retain business and professional records
25		sufficient to fully and accurately document the nature, scope,
26		details and receipt of the health care provided to persons

HB5540 Enrolled - 955 - LRB099 16003 AMC 40320 b
1		eligible for medical assistance under this Code, in accordance
2		with regulations promulgated by the Illinois Department. The
3		rules and regulations shall require that proof of the receipt
4		of prescription drugs, dentures, prosthetic devices and
5		eyeglasses by eligible persons under this Section accompany
6		each claim for reimbursement submitted by the dispenser of such
7		medical services. No such claims for reimbursement shall be
8		approved for payment by the Illinois Department without such
9		proof of receipt, unless the Illinois Department shall have put
10		into effect and shall be operating a system of post-payment
11		audit and review which shall, on a sampling basis, be deemed
12		adequate by the Illinois Department to assure that such drugs,
13		dentures, prosthetic devices and eyeglasses for which payment
14		is being made are actually being received by eligible
15		recipients. Within 90 days after September 16, 1984 (the
16		effective date of Public Act 83-1439) this amendatory Act of
17		1984, the Illinois Department shall establish a current list of
18		acquisition costs for all prosthetic devices and any other
19		items recognized as medical equipment and supplies
20		reimbursable under this Article and shall update such list on a
21		quarterly basis, except that the acquisition costs of all
22		prescription drugs shall be updated no less frequently than
23		every 30 days as required by Section 5-5.12.
24		The rules and regulations of the Illinois Department shall
25		require that a written statement including the required opinion
26		of a physician shall accompany any claim for reimbursement for

HB5540 Enrolled - 956 - LRB099 16003 AMC 40320 b
1		abortions, or induced miscarriages or premature births. This
2		statement shall indicate what procedures were used in providing
3		such medical services.
4		Notwithstanding any other law to the contrary, the Illinois
5		Department shall, within 365 days after July 22, 2013 (the
6		effective date of Public Act 98-104), establish procedures to
7		permit skilled care facilities licensed under the Nursing Home
8		Care Act to submit monthly billing claims for reimbursement
9		purposes. Following development of these procedures, the
10		Department shall, by July 1, 2016, test the viability of the
11		new system and implement any necessary operational or
12		structural changes to its information technology platforms in
13		order to allow for the direct acceptance and payment of nursing
14		home claims.
15		Notwithstanding any other law to the contrary, the Illinois
16		Department shall, within 365 days after August 15, 2014 (the
17		effective date of Public Act 98-963), establish procedures to
18		permit ID/DD facilities licensed under the ID/DD Community Care
19		Act and MC/DD facilities licensed under the MC/DD Act to submit
20		monthly billing claims for reimbursement purposes. Following
21		development of these procedures, the Department shall have an
22		additional 365 days to test the viability of the new system and
23		to ensure that any necessary operational or structural changes
24		to its information technology platforms are implemented.
25		The Illinois Department shall require all dispensers of
26		medical services, other than an individual practitioner or

HB5540 Enrolled - 957 - LRB099 16003 AMC 40320 b
1		group of practitioners, desiring to participate in the Medical
2		Assistance program established under this Article to disclose
3		all financial, beneficial, ownership, equity, surety or other
4		interests in any and all firms, corporations, partnerships,
5		associations, business enterprises, joint ventures, agencies,
6		institutions or other legal entities providing any form of
7		health care services in this State under this Article.
8		The Illinois Department may require that all dispensers of
9		medical services desiring to participate in the medical
10		assistance program established under this Article disclose,
11		under such terms and conditions as the Illinois Department may
12		by rule establish, all inquiries from clients and attorneys
13		regarding medical bills paid by the Illinois Department, which
14		inquiries could indicate potential existence of claims or liens
15		for the Illinois Department.
16		Enrollment of a vendor shall be subject to a provisional
17		period and shall be conditional for one year. During the period
18		of conditional enrollment, the Department may terminate the
19		vendor's eligibility to participate in, or may disenroll the
20		vendor from, the medical assistance program without cause.
21		Unless otherwise specified, such termination of eligibility or
22		disenrollment is not subject to the Department's hearing
23		process. However, a disenrolled vendor may reapply without
24		penalty.
25		The Department has the discretion to limit the conditional
26		enrollment period for vendors based upon category of risk of

HB5540 Enrolled - 958 - LRB099 16003 AMC 40320 b
1		the vendor.
2		Prior to enrollment and during the conditional enrollment
3		period in the medical assistance program, all vendors shall be
4		subject to enhanced oversight, screening, and review based on
5		the risk of fraud, waste, and abuse that is posed by the
6		category of risk of the vendor. The Illinois Department shall
7		establish the procedures for oversight, screening, and review,
8		which may include, but need not be limited to: criminal and
9		financial background checks; fingerprinting; license,
10		certification, and authorization verifications; unscheduled or
11		unannounced site visits; database checks; prepayment audit
12		reviews; audits; payment caps; payment suspensions; and other
13		screening as required by federal or State law.
14		The Department shall define or specify the following: (i)
15		by provider notice, the "category of risk of the vendor" for
16		each type of vendor, which shall take into account the level of
17		screening applicable to a particular category of vendor under
18		federal law and regulations; (ii) by rule or provider notice,
19		the maximum length of the conditional enrollment period for
20		each category of risk of the vendor; and (iii) by rule, the
21		hearing rights, if any, afforded to a vendor in each category
22		of risk of the vendor that is terminated or disenrolled during
23		the conditional enrollment period.
24		To be eligible for payment consideration, a vendor's
25		payment claim or bill, either as an initial claim or as a
26		resubmitted claim following prior rejection, must be received

HB5540 Enrolled - 959 - LRB099 16003 AMC 40320 b
1		by the Illinois Department, or its fiscal intermediary, no
2		later than 180 days after the latest date on the claim on which
3		medical goods or services were provided, with the following
4		exceptions:
5		(1) In the case of a provider whose enrollment is in
6		process by the Illinois Department, the 180-day period
7		shall not begin until the date on the written notice from
8		the Illinois Department that the provider enrollment is
9		complete.
10		(2) In the case of errors attributable to the Illinois
11		Department or any of its claims processing intermediaries
12		which result in an inability to receive, process, or
13		adjudicate a claim, the 180-day period shall not begin
14		until the provider has been notified of the error.
15		(3) In the case of a provider for whom the Illinois
16		Department initiates the monthly billing process.
17		(4) In the case of a provider operated by a unit of
18		local government with a population exceeding 3,000,000
19		when local government funds finance federal participation
20		for claims payments.
21		For claims for services rendered during a period for which
22		a recipient received retroactive eligibility, claims must be
23		filed within 180 days after the Department determines the
24		applicant is eligible. For claims for which the Illinois
25		Department is not the primary payer, claims must be submitted
26		to the Illinois Department within 180 days after the final

HB5540 Enrolled - 960 - LRB099 16003 AMC 40320 b
1		adjudication by the primary payer.
2		In the case of long term care facilities, within 5 days of
3		receipt by the facility of required prescreening information,
4		data for new admissions shall be entered into the Medical
5		Electronic Data Interchange (MEDI) or the Recipient
6		Eligibility Verification (REV) System or successor system, and
7		within 15 days of receipt by the facility of required
8		prescreening information, admission documents shall be
9		submitted through MEDI or REV or shall be submitted directly to
10		the Department of Human Services using required admission
11		forms. Effective September 1, 2014, admission documents,
12		including all prescreening information, must be submitted
13		through MEDI or REV. Confirmation numbers assigned to an
14		accepted transaction shall be retained by a facility to verify
15		timely submittal. Once an admission transaction has been
16		completed, all resubmitted claims following prior rejection
17		are subject to receipt no later than 180 days after the
18		admission transaction has been completed.
19		Claims that are not submitted and received in compliance
20		with the foregoing requirements shall not be eligible for
21		payment under the medical assistance program, and the State
22		shall have no liability for payment of those claims.
23		To the extent consistent with applicable information and
24		privacy, security, and disclosure laws, State and federal
25		agencies and departments shall provide the Illinois Department
26		access to confidential and other information and data necessary

HB5540 Enrolled - 961 - LRB099 16003 AMC 40320 b
1		to perform eligibility and payment verifications and other
2		Illinois Department functions. This includes, but is not
3		limited to: information pertaining to licensure;
4		certification; earnings; immigration status; citizenship; wage
5		reporting; unearned and earned income; pension income;
6		employment; supplemental security income; social security
7		numbers; National Provider Identifier (NPI) numbers; the
8		National Practitioner Data Bank (NPDB); program and agency
9		exclusions; taxpayer identification numbers; tax delinquency;
10		corporate information; and death records.
11		The Illinois Department shall enter into agreements with
12		State agencies and departments, and is authorized to enter into
13		agreements with federal agencies and departments, under which
14		such agencies and departments shall share data necessary for
15		medical assistance program integrity functions and oversight.
16		The Illinois Department shall develop, in cooperation with
17		other State departments and agencies, and in compliance with
18		applicable federal laws and regulations, appropriate and
19		effective methods to share such data. At a minimum, and to the
20		extent necessary to provide data sharing, the Illinois
21		Department shall enter into agreements with State agencies and
22		departments, and is authorized to enter into agreements with
23		federal agencies and departments, including but not limited to:
24		the Secretary of State; the Department of Revenue; the
25		Department of Public Health; the Department of Human Services;
26		and the Department of Financial and Professional Regulation.

HB5540 Enrolled - 962 - LRB099 16003 AMC 40320 b
1		Beginning in fiscal year 2013, the Illinois Department
2		shall set forth a request for information to identify the
3		benefits of a pre-payment, post-adjudication, and post-edit
4		claims system with the goals of streamlining claims processing
5		and provider reimbursement, reducing the number of pending or
6		rejected claims, and helping to ensure a more transparent
7		adjudication process through the utilization of: (i) provider
8		data verification and provider screening technology; and (ii)
9		clinical code editing; and (iii) pre-pay, pre- or
10		post-adjudicated predictive modeling with an integrated case
11		management system with link analysis. Such a request for
12		information shall not be considered as a request for proposal
13		or as an obligation on the part of the Illinois Department to
14		take any action or acquire any products or services.
15		The Illinois Department shall establish policies,
16		procedures, standards and criteria by rule for the acquisition,
17		repair and replacement of orthotic and prosthetic devices and
18		durable medical equipment. Such rules shall provide, but not be
19		limited to, the following services: (1) immediate repair or
20		replacement of such devices by recipients; and (2) rental,
21		lease, purchase or lease-purchase of durable medical equipment
22		in a cost-effective manner, taking into consideration the
23		recipient's medical prognosis, the extent of the recipient's
24		needs, and the requirements and costs for maintaining such
25		equipment. Subject to prior approval, such rules shall enable a
26		recipient to temporarily acquire and use alternative or

HB5540 Enrolled - 963 - LRB099 16003 AMC 40320 b
1		substitute devices or equipment pending repairs or
2		replacements of any device or equipment previously authorized
3		for such recipient by the Department.
4		The Department shall execute, relative to the nursing home
5		prescreening project, written inter-agency agreements with the
6		Department of Human Services and the Department on Aging, to
7		effect the following: (i) intake procedures and common
8		eligibility criteria for those persons who are receiving
9		non-institutional services; and (ii) the establishment and
10		development of non-institutional services in areas of the State
11		where they are not currently available or are undeveloped; and
12		(iii) notwithstanding any other provision of law, subject to
13		federal approval, on and after July 1, 2012, an increase in the
14		determination of need (DON) scores from 29 to 37 for applicants
15		for institutional and home and community-based long term care;
16		if and only if federal approval is not granted, the Department
17		may, in conjunction with other affected agencies, implement
18		utilization controls or changes in benefit packages to
19		effectuate a similar savings amount for this population; and
20		(iv) no later than July 1, 2013, minimum level of care
21		eligibility criteria for institutional and home and
22		community-based long term care; and (v) no later than October
23		1, 2013, establish procedures to permit long term care
24		providers access to eligibility scores for individuals with an
25		admission date who are seeking or receiving services from the
26		long term care provider. In order to select the minimum level

HB5540 Enrolled - 964 - LRB099 16003 AMC 40320 b
1		of care eligibility criteria, the Governor shall establish a
2		workgroup that includes affected agency representatives and
3		stakeholders representing the institutional and home and
4		community-based long term care interests. This Section shall
5		not restrict the Department from implementing lower level of
6		care eligibility criteria for community-based services in
7		circumstances where federal approval has been granted.
8		The Illinois Department shall develop and operate, in
9		cooperation with other State Departments and agencies and in
10		compliance with applicable federal laws and regulations,
11		appropriate and effective systems of health care evaluation and
12		programs for monitoring of utilization of health care services
13		and facilities, as it affects persons eligible for medical
14		assistance under this Code.
15		The Illinois Department shall report annually to the
16		General Assembly, no later than the second Friday in April of
17		1979 and each year thereafter, in regard to:
18		(a) actual statistics and trends in utilization of
19		medical services by public aid recipients;
20		(b) actual statistics and trends in the provision of
21		the various medical services by medical vendors;
22		(c) current rate structures and proposed changes in
23		those rate structures for the various medical vendors; and
24		(d) efforts at utilization review and control by the
25		Illinois Department.
26		The period covered by each report shall be the 3 years

HB5540 Enrolled - 965 - LRB099 16003 AMC 40320 b
1		ending on the June 30 prior to the report. The report shall
2		include suggested legislation for consideration by the General
3		Assembly. The filing of one copy of the report with the
4		Speaker, one copy with the Minority Leader and one copy with
5		the Clerk of the House of Representatives, one copy with the
6		President, one copy with the Minority Leader and one copy with
7		the Secretary of the Senate, one copy with the Legislative
8		Research Unit, and such additional copies with the State
9		Government Report Distribution Center for the General Assembly
10		as is required under paragraph (t) of Section 7 of the State
11		Library Act shall be deemed sufficient to comply with this
12		Section.
13		Rulemaking authority to implement Public Act 95-1045, if
14		any, is conditioned on the rules being adopted in accordance
15		with all provisions of the Illinois Administrative Procedure
16		Act and all rules and procedures of the Joint Committee on
17		Administrative Rules; any purported rule not so adopted, for
18		whatever reason, is unauthorized.
19		On and after July 1, 2012, the Department shall reduce any
20		rate of reimbursement for services or other payments or alter
21		any methodologies authorized by this Code to reduce any rate of
22		reimbursement for services or other payments in accordance with
23		Section 5-5e.
24		Because kidney transplantation can be an appropriate, cost
25		effective alternative to renal dialysis when medically
26		necessary and notwithstanding the provisions of Section 1-11 of

HB5540 Enrolled - 966 - LRB099 16003 AMC 40320 b
1		this Code, beginning October 1, 2014, the Department shall
2		cover kidney transplantation for noncitizens with end-stage
3		renal disease who are not eligible for comprehensive medical
4		benefits, who meet the residency requirements of Section 5-3 of
5		this Code, and who would otherwise meet the financial
6		requirements of the appropriate class of eligible persons under
7		Section 5-2 of this Code. To qualify for coverage of kidney
8		transplantation, such person must be receiving emergency renal
9		dialysis services covered by the Department. Providers under
10		this Section shall be prior approved and certified by the
11		Department to perform kidney transplantation and the services
12		under this Section shall be limited to services associated with
13		kidney transplantation.
14		Notwithstanding any other provision of this Code to the
15		contrary, on or after July 1, 2015, all FDA approved forms of
16		medication assisted treatment prescribed for the treatment of
17		alcohol dependence or treatment of opioid dependence shall be
18		covered under both fee for service and managed care medical
19		assistance programs for persons who are otherwise eligible for
20		medical assistance under this Article and shall not be subject
21		to any (1) utilization control, other than those established
22		under the American Society of Addiction Medicine patient
23		placement criteria, (2) prior authorization mandate, or (3)
24		lifetime restriction limit mandate.
25		On or after July 1, 2015, opioid antagonists prescribed for
26		the treatment of an opioid overdose, including the medication

HB5540 Enrolled - 967 - LRB099 16003 AMC 40320 b
1		product, administration devices, and any pharmacy fees related
2		to the dispensing and administration of the opioid antagonist,
3		shall be covered under the medical assistance program for
4		persons who are otherwise eligible for medical assistance under
5		this Article. As used in this Section, "opioid antagonist"
6		means a drug that binds to opioid receptors and blocks or
7		inhibits the effect of opioids acting on those receptors,
8		including, but not limited to, naloxone hydrochloride or any
9		other similarly acting drug approved by the U.S. Food and Drug
10		Administration.
11		(Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13;
12		98-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff.
13		8-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756,
14		eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15;
15		99-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-407 (see Section
16		99 of P.A. 99-407 for its effective date); 99-433, eff.
17		8-21-15; 99-480, eff. 9-9-15; revised 10-13-15.)
18		(305 ILCS 5/5-5e)
19		Sec. 5-5e. Adjusted rates of reimbursement.
20		(a) Rates or payments for services in effect on June 30,
21		2012 shall be adjusted and services shall be affected as
22		required by any other provision of Public Act 97-689 this
23		amendatory Act of the 97th General Assembly. In addition, the
24		Department shall do the following:
25		(1) Delink the per diem rate paid for supportive living

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1		facility services from the per diem rate paid for nursing
2		facility services, effective for services provided on or
3		after May 1, 2011.
4		(2) Cease payment for bed reserves in nursing
5		facilities and specialized mental health rehabilitation
6		facilities; for purposes of therapeutic home visits for
7		individuals scoring as TBI on the MDS 3.0, beginning June
8		1, 2015, the Department shall approve payments for bed
9		reserves in nursing facilities and specialized mental
10		health rehabilitation facilities that have at least a 90%
11		occupancy level and at least 80% of their residents are
12		Medicaid eligible. Payment shall be at a daily rate of 75%
13		of an individual's current Medicaid per diem and shall not
14		exceed 10 days in a calendar month.
15		(2.5) Cease payment for bed reserves for purposes of
16		inpatient hospitalizations to intermediate care facilities
17		for persons with development disabilities, except in the
18		instance of residents who are under 21 years of age.
19		(3) Cease payment of the $10 per day add-on payment to
20		nursing facilities for certain residents with
21		developmental disabilities.
22		(b) After the application of subsection (a),
23		notwithstanding any other provision of this Code to the
24		contrary and to the extent permitted by federal law, on and
25		after July 1, 2012, the rates of reimbursement for services and
26		other payments provided under this Code shall further be

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1		reduced as follows:
2		(1) Rates or payments for physician services, dental
3		services, or community health center services reimbursed
4		through an encounter rate, and services provided under the
5		Medicaid Rehabilitation Option of the Illinois Title XIX
6		State Plan shall not be further reduced, except as provided
7		in Section 5-5b.1.
8		(2) Rates or payments, or the portion thereof, paid to
9		a provider that is operated by a unit of local government
10		or State University that provides the non-federal share of
11		such services shall not be further reduced, except as
12		provided in Section 5-5b.1.
13		(3) Rates or payments for hospital services delivered
14		by a hospital defined as a Safety-Net Hospital under
15		Section 5-5e.1 of this Code shall not be further reduced,
16		except as provided in Section 5-5b.1.
17		(4) Rates or payments for hospital services delivered
18		by a Critical Access Hospital, which is an Illinois
19		hospital designated as a critical care hospital by the
20		Department of Public Health in accordance with 42 CFR 485,
21		Subpart F, shall not be further reduced, except as provided
22		in Section 5-5b.1.
23		(5) Rates or payments for Nursing Facility Services
24		shall only be further adjusted pursuant to Section 5-5.2 of
25		this Code.
26		(6) Rates or payments for services delivered by long

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1		term care facilities licensed under the ID/DD Community
2		Care Act or the MC/DD Act and developmental training
3		services shall not be further reduced.
4		(7) Rates or payments for services provided under
5		capitation rates shall be adjusted taking into
6		consideration the rates reduction and covered services
7		required by Public Act 97-689 this amendatory Act of the
8		97th General Assembly.
9		(8) For hospitals not previously described in this
10		subsection, the rates or payments for hospital services
11		shall be further reduced by 3.5%, except for payments
12		authorized under Section 5A-12.4 of this Code.
13		(9) For all other rates or payments for services
14		delivered by providers not specifically referenced in
15		paragraphs (1) through (8), rates or payments shall be
16		further reduced by 2.7%.
17		(c) Any assessment imposed by this Code shall continue and
18		nothing in this Section shall be construed to cause it to
19		cease.
20		(d) Notwithstanding any other provision of this Code to the
21		contrary, subject to federal approval under Title XIX of the
22		Social Security Act, for dates of service on and after July 1,
23		2014, rates or payments for services provided for the purpose
24		of transitioning children from a hospital to home placement or
25		other appropriate setting by a children's community-based
26		health care center authorized under the Alternative Health Care

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1		Delivery Act shall be $683 per day.
2		(e) Notwithstanding any other provision of this Code to the
3		contrary, subject to federal approval under Title XIX of the
4		Social Security Act, for dates of service on and after July 1,
5		2014, rates or payments for home health visits shall be $72.
6		(f) Notwithstanding any other provision of this Code to the
7		contrary, subject to federal approval under Title XIX of the
8		Social Security Act, for dates of service on and after July 1,
9		2014, rates or payments for the certified nursing assistant
10		component of the home health agency rate shall be $20.
11		(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
12		98-1166, eff. 6-1-15; 99-2, eff. 3-26-15; 99-180, eff. 7-29-15;
13		revised 10-21-15.)
14		(305 ILCS 5/5-16.8)
15		Sec. 5-16.8. Required health benefits. The medical
16		assistance program shall (i) provide the post-mastectomy care
17		benefits required to be covered by a policy of accident and
18		health insurance under Section 356t and the coverage required
19		under Sections 356g.5, 356u, 356w, 356x, and 356z.6 of the
20		Illinois Insurance Code and (ii) be subject to the provisions
21		of Sections 356z.19, 364.01, 370c, and 370c.1 of the Illinois
22		Insurance Code.
23		On and after July 1, 2012, the Department shall reduce any
24		rate of reimbursement for services or other payments or alter
25		any methodologies authorized by this Code to reduce any rate of

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1		reimbursement for services or other payments in accordance with
2		Section 5-5e.
3		To ensure full access to the benefits set forth in this
4		Section, on and after January 1, 2016, the Department shall
5		ensure that provider and hospital reimbursement for
6		post-mastectomy care benefits required under this Section are
7		no lower than the Medicare reimbursement rate.
8		(Source: P.A. 99-433, eff. 8-21-15; 99-480, eff. 9-9-15;
9		revised 10-21-15.)
10		(305 ILCS 5/5-30)
11		Sec. 5-30. Care coordination.
12		(a) At least 50% of recipients eligible for comprehensive
13		medical benefits in all medical assistance programs or other
14		health benefit programs administered by the Department,
15		including the Children's Health Insurance Program Act and the
16		Covering ALL KIDS Health Insurance Act, shall be enrolled in a
17		care coordination program by no later than January 1, 2015. For
18		purposes of this Section, "coordinated care" or "care
19		coordination" means delivery systems where recipients will
20		receive their care from providers who participate under
21		contract in integrated delivery systems that are responsible
22		for providing or arranging the majority of care, including
23		primary care physician services, referrals from primary care
24		physicians, diagnostic and treatment services, behavioral
25		health services, in-patient and outpatient hospital services,

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1		dental services, and rehabilitation and long-term care
2		services. The Department shall designate or contract for such
3		integrated delivery systems (i) to ensure enrollees have a
4		choice of systems and of primary care providers within such
5		systems; (ii) to ensure that enrollees receive quality care in
6		a culturally and linguistically appropriate manner; and (iii)
7		to ensure that coordinated care programs meet the diverse needs
8		of enrollees with developmental, mental health, physical, and
9		age-related disabilities.
10		(b) Payment for such coordinated care shall be based on
11		arrangements where the State pays for performance related to
12		health care outcomes, the use of evidence-based practices, the
13		use of primary care delivered through comprehensive medical
14		homes, the use of electronic medical records, and the
15		appropriate exchange of health information electronically made
16		either on a capitated basis in which a fixed monthly premium
17		per recipient is paid and full financial risk is assumed for
18		the delivery of services, or through other risk-based payment
19		arrangements.
20		(c) To qualify for compliance with this Section, the 50%
21		goal shall be achieved by enrolling medical assistance
22		enrollees from each medical assistance enrollment category,
23		including parents, children, seniors, and people with
24		disabilities to the extent that current State Medicaid payment
25		laws would not limit federal matching funds for recipients in
26		care coordination programs. In addition, services must be more

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1		comprehensively defined and more risk shall be assumed than in
2		the Department's primary care case management program as of
3		January 25, 2011 (the effective date of Public Act 96-1501)
4		this amendatory Act of the 96th General Assembly.
5		(d) The Department shall report to the General Assembly in
6		a separate part of its annual medical assistance program
7		report, beginning April, 2012 until April, 2016, on the
8		progress and implementation of the care coordination program
9		initiatives established by the provisions of Public Act 96-1501
10		this amendatory Act of the 96th General Assembly. The
11		Department shall include in its April 2011 report a full
12		analysis of federal laws or regulations regarding upper payment
13		limitations to providers and the necessary revisions or
14		adjustments in rate methodologies and payments to providers
15		under this Code that would be necessary to implement
16		coordinated care with full financial risk by a party other than
17		the Department.
18		(e) Integrated Care Program for individuals with chronic
19		mental health conditions.
20		(1) The Integrated Care Program shall encompass
21		services administered to recipients of medical assistance
22		under this Article to prevent exacerbations and
23		complications using cost-effective, evidence-based
24		practice guidelines and mental health management
25		strategies.
26		(2) The Department may utilize and expand upon existing

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1		contractual arrangements with integrated care plans under
2		the Integrated Care Program for providing the coordinated
3		care provisions of this Section.
4		(3) Payment for such coordinated care shall be based on
5		arrangements where the State pays for performance related
6		to mental health outcomes on a capitated basis in which a
7		fixed monthly premium per recipient is paid and full
8		financial risk is assumed for the delivery of services, or
9		through other risk-based payment arrangements such as
10		provider-based care coordination.
11		(4) The Department shall examine whether chronic
12		mental health management programs and services for
13		recipients with specific chronic mental health conditions
14		do any or all of the following:
15		(A) Improve the patient's overall mental health in
16		a more expeditious and cost-effective manner.
17		(B) Lower costs in other aspects of the medical
18		assistance program, such as hospital admissions,
19		emergency room visits, or more frequent and
20		inappropriate psychotropic drug use.
21		(5) The Department shall work with the facilities and
22		any integrated care plan participating in the program to
23		identify and correct barriers to the successful
24		implementation of this subsection (e) prior to and during
25		the implementation to best facilitate the goals and
26		objectives of this subsection (e).

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1		(f) A hospital that is located in a county of the State in
2		which the Department mandates some or all of the beneficiaries
3		of the Medical Assistance Program residing in the county to
4		enroll in a Care Coordination Program, as set forth in Section
5		5-30 of this Code, shall not be eligible for any non-claims
6		based payments not mandated by Article V-A of this Code for
7		which it would otherwise be qualified to receive, unless the
8		hospital is a Coordinated Care Participating Hospital no later
9		than 60 days after June 14, 2012 (the effective date of Public
10		Act 97-689) this amendatory Act of the 97th General Assembly or
11		60 days after the first mandatory enrollment of a beneficiary
12		in a Coordinated Care program. For purposes of this subsection,
13		"Coordinated Care Participating Hospital" means a hospital
14		that meets one of the following criteria:
15		(1) The hospital has entered into a contract to provide
16		hospital services with one or more MCOs to enrollees of the
17		care coordination program.
18		(2) The hospital has not been offered a contract by a
19		care coordination plan that the Department has determined
20		to be a good faith offer and that pays at least as much as
21		the Department would pay, on a fee-for-service basis, not
22		including disproportionate share hospital adjustment
23		payments or any other supplemental adjustment or add-on
24		payment to the base fee-for-service rate, except to the
25		extent such adjustments or add-on payments are
26		incorporated into the development of the applicable MCO

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1		capitated rates.
2		As used in this subsection (f), "MCO" means any entity
3		which contracts with the Department to provide services where
4		payment for medical services is made on a capitated basis.
5		(g) No later than August 1, 2013, the Department shall
6		issue a purchase of care solicitation for Accountable Care
7		Entities (ACE) to serve any children and parents or caretaker
8		relatives of children eligible for medical assistance under
9		this Article. An ACE may be a single corporate structure or a
10		network of providers organized through contractual
11		relationships with a single corporate entity. The solicitation
12		shall require that:
13		(1) An ACE operating in Cook County be capable of
14		serving at least 40,000 eligible individuals in that
15		county; an ACE operating in Lake, Kane, DuPage, or Will
16		Counties be capable of serving at least 20,000 eligible
17		individuals in those counties and an ACE operating in other
18		regions of the State be capable of serving at least 10,000
19		eligible individuals in the region in which it operates.
20		During initial periods of mandatory enrollment, the
21		Department shall require its enrollment services
22		contractor to use a default assignment algorithm that
23		ensures if possible an ACE reaches the minimum enrollment
24		levels set forth in this paragraph.
25		(2) An ACE must include at a minimum the following
26		types of providers: primary care, specialty care,

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1		hospitals, and behavioral healthcare.
2		(3) An ACE shall have a governance structure that
3		includes the major components of the health care delivery
4		system, including one representative from each of the
5		groups listed in paragraph (2).
6		(4) An ACE must be an integrated delivery system,
7		including a network able to provide the full range of
8		services needed by Medicaid beneficiaries and system
9		capacity to securely pass clinical information across
10		participating entities and to aggregate and analyze that
11		data in order to coordinate care.
12		(5) An ACE must be capable of providing both care
13		coordination and complex case management, as necessary, to
14		beneficiaries. To be responsive to the solicitation, a
15		potential ACE must outline its care coordination and
16		complex case management model and plan to reduce the cost
17		of care.
18		(6) In the first 18 months of operation, unless the ACE
19		selects a shorter period, an ACE shall be paid care
20		coordination fees on a per member per month basis that are
21		projected to be cost neutral to the State during the term
22		of their payment and, subject to federal approval, be
23		eligible to share in additional savings generated by their
24		care coordination.
25		(7) In months 19 through 36 of operation, unless the
26		ACE selects a shorter period, an ACE shall be paid on a

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1		pre-paid capitation basis for all medical assistance
2		covered services, under contract terms similar to Managed
3		Care Organizations (MCO), with the Department sharing the
4		risk through either stop-loss insurance for extremely high
5		cost individuals or corridors of shared risk based on the
6		overall cost of the total enrollment in the ACE. The ACE
7		shall be responsible for claims processing, encounter data
8		submission, utilization control, and quality assurance.
9		(8) In the fourth and subsequent years of operation, an
10		ACE shall convert to a Managed Care Community Network
11		(MCCN), as defined in this Article, or Health Maintenance
12		Organization pursuant to the Illinois Insurance Code,
13		accepting full-risk capitation payments.
14		The Department shall allow potential ACE entities 5 months
15		from the date of the posting of the solicitation to submit
16		proposals. After the solicitation is released, in addition to
17		the MCO rate development data available on the Department's
18		website, subject to federal and State confidentiality and
19		privacy laws and regulations, the Department shall provide 2
20		years of de-identified summary service data on the targeted
21		population, split between children and adults, showing the
22		historical type and volume of services received and the cost of
23		those services to those potential bidders that sign a data use
24		agreement. The Department may add up to 2 non-state government
25		employees with expertise in creating integrated delivery
26		systems to its review team for the purchase of care

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1		solicitation described in this subsection. Any such
2		individuals must sign a no-conflict disclosure and
3		confidentiality agreement and agree to act in accordance with
4		all applicable State laws.
5		During the first 2 years of an ACE's operation, the
6		Department shall provide claims data to the ACE on its
7		enrollees on a periodic basis no less frequently than monthly.
8		Nothing in this subsection shall be construed to limit the
9		Department's mandate to enroll 50% of its beneficiaries into
10		care coordination systems by January 1, 2015, using all
11		available care coordination delivery systems, including Care
12		Coordination Entities (CCE), MCCNs, or MCOs, nor be construed
13		to affect the current CCEs, MCCNs, and MCOs selected to serve
14		seniors and persons with disabilities prior to that date.
15		Nothing in this subsection precludes the Department from
16		considering future proposals for new ACEs or expansion of
17		existing ACEs at the discretion of the Department.
18		(h) Department contracts with MCOs and other entities
19		reimbursed by risk based capitation shall have a minimum
20		medical loss ratio of 85%, shall require the entity to
21		establish an appeals and grievances process for consumers and
22		providers, and shall require the entity to provide a quality
23		assurance and utilization review program. Entities contracted
24		with the Department to coordinate healthcare regardless of risk
25		shall be measured utilizing the same quality metrics. The
26		quality metrics may be population specific. Any contracted

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1		entity serving at least 5,000 seniors or people with
2		disabilities or 15,000 individuals in other populations
3		covered by the Medical Assistance Program that has been
4		receiving full-risk capitation for a year shall be accredited
5		by a national accreditation organization authorized by the
6		Department within 2 years after the date it is eligible to
7		become accredited. The requirements of this subsection shall
8		apply to contracts with MCOs entered into or renewed or
9		extended after June 1, 2013.
10		(h-5) The Department shall monitor and enforce compliance
11		by MCOs with agreements they have entered into with providers
12		on issues that include, but are not limited to, timeliness of
13		payment, payment rates, and processes for obtaining prior
14		approval. The Department may impose sanctions on MCOs for
15		violating provisions of those agreements that include, but are
16		not limited to, financial penalties, suspension of enrollment
17		of new enrollees, and termination of the MCO's contract with
18		the Department. As used in this subsection (h-5), "MCO" has the
19		meaning ascribed to that term in Section 5-30.1 of this Code.
20		(i) Unless otherwise required by federal law, Medicaid
21		Managed Care Entities shall not divulge, directly or
22		indirectly, including by sending a bill or explanation of
23		benefits, information concerning the sensitive health services
24		received by enrollees of the Medicaid Managed Care Entity to
25		any person other than providers and care coordinators caring
26		for the enrollee and employees of the entity in the course of

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1		the entity's internal operations. The Medicaid Managed Care
2		Entity may divulge information concerning the sensitive health
3		services if the enrollee who received the sensitive health
4		services requests the information from the Medicaid Managed
5		Care Entity and authorized the sending of a bill or explanation
6		of benefits. Communications including, but not limited to,
7		statements of care received or appointment reminders either
8		directly or indirectly to the enrollee from the health care
9		provider, health care professional, and care coordinators,
10		remain permissible.
11		For the purposes of this subsection, the term "Medicaid
12		Managed Care Entity" includes Care Coordination Entities,
13		Accountable Care Entities, Managed Care Organizations, and
14		Managed Care Community Networks.
15		For purposes of this subsection, the term "sensitive health
16		services" means mental health services, substance abuse
17		treatment services, reproductive health services, family
18		planning services, services for sexually transmitted
19		infections and sexually transmitted diseases, and services for
20		sexual assault or domestic abuse. Services include prevention,
21		screening, consultation, examination, treatment, or follow-up.
22		Nothing in this subsection shall be construed to relieve a
23		Medicaid Managed Care Entity or the Department of any duty to
24		report incidents of sexually transmitted infections to the
25		Department of Public Health or to the local board of health in
26		accordance with regulations adopted under a statute or

HB5540 Enrolled - 983 - LRB099 16003 AMC 40320 b
1		ordinance or to report incidents of sexually transmitted
2		infections as necessary to comply with the requirements under
3		Section 5 of the Abused and Neglected Child Reporting Act or as
4		otherwise required by State or federal law.
5		The Department shall create policy in order to implement
6		the requirements in this subsection.
7		(j) (i) Managed Care Entities (MCEs), including MCOs and
8		all other care coordination organizations, shall develop and
9		maintain a written language access policy that sets forth the
10		standards, guidelines, and operational plan to ensure language
11		appropriate services and that is consistent with the standard
12		of meaningful access for populations with limited English
13		proficiency. The language access policy shall describe how the
14		MCEs will provide all of the following required services:
15		(1) Translation (the written replacement of text from
16		one language into another) of all vital documents and forms
17		as identified by the Department.
18		(2) Qualified interpreter services (the oral
19		communication of a message from one language into another
20		by a qualified interpreter).
21		(3) Staff training on the language access policy,
22		including how to identify language needs, access and
23		provide language assistance services, work with
24		interpreters, request translations, and track the use of
25		language assistance services.
26		(4) Data tracking that identifies the language need.

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1		(5) Notification to participants on the availability
2		of language access services and on how to access such
3		services.
4		(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
5		99-106, eff. 1-1-16; 99-181, eff. 7-29-15; revised 10-26-15.)
6		(305 ILCS 5/10-25)
7		(Text of Section before amendment by P.A. 99-157)
8		Sec. 10-25. Administrative liens and levies on real
9		property for past-due child support.
10		(a) Notwithstanding any other State or local law to the
11		contrary, the State shall have a lien on all legal and
12		equitable interests of responsible relatives in their real
13		property in the amount of past-due child support owing pursuant
14		to an order for child support entered under Sections 10-10 and
15		10-11 of this Code, or under the Illinois Marriage and
16		Dissolution of Marriage Act, the Non-Support of Spouse and
17		Children Act, the Non-Support Punishment Act, the Uniform
18		Interstate Family Support Act, the Illinois Parentage Act of
19		1984, or the Illinois Parentage Act of 2015.
20		(b) The Illinois Department shall provide by rule for
21		notice to and an opportunity to be heard by each responsible
22		relative affected, and any final administrative decision
23		rendered by the Illinois Department shall be reviewed only
24		under and in accordance with the Administrative Review Law.
25		(c) When enforcing a lien under subsection (a) of this

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1		Section, the Illinois Department shall have the authority to
2		execute notices of administrative liens and levies, which shall
3		contain the name and address of the responsible relative, a
4		legal description of the real property to be levied, the fact
5		that a lien is being claimed for past-due child support, and
6		such other information as the Illinois Department may by rule
7		prescribe. The Illinois Department shall record the notice of
8		lien with the recorder or registrar of titles of the county or
9		counties in which the real estate is located.
10		(d) The State's lien under subsection (a) shall be
11		enforceable upon the recording or filing of a notice of lien
12		with the recorder or registrar of titles of the county or
13		counties in which the real estate is located. The lien shall be
14		prior to any lien thereafter recorded or filed and shall be
15		notice to a subsequent purchaser, assignor, or encumbrancer of
16		the existence and nature of the lien. The lien shall be
17		inferior to the lien of general taxes, special assessment, and
18		special taxes heretofore or hereafter levied by any political
19		subdivision or municipal corporation of the State.
20		In the event that title to the land to be affected by the
21		notice of lien is registered under the Registered Titles
22		(Torrens) Act, the notice shall be filed in the office of the
23		registrar of titles as a memorial or charge upon each folium of
24		the register of titles affected by the notice; but the State
25		shall not have a preference over the rights of any bona fide
26		purchaser, mortgagee, judgment creditor, or other lien holders

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1		registered prior to the registration of the notice.
2		(e) The recorder or registrar of titles of each county
3		shall procure a file labeled "Child Support Lien Notices" and
4		an index book labeled "Child Support Lien Notices". When notice
5		of any lien is presented to the recorder or registrar of titles
6		for filing, the recorder or registrar of titles shall file it
7		in numerical order in the file and shall enter it
8		alphabetically in the index. The entry shall show the name and
9		last known address of the person named in the notice, the
10		serial number of the notice, the date and hour of filing, and
11		the amount of child support due at the time when the lien is
12		filed.
13		(f) The Illinois Department shall not be required to
14		furnish bond or make a deposit for or pay any costs or fees of
15		any court or officer thereof in any legal proceeding involving
16		the lien.
17		(g) To protect the lien of the State for past-due child
18		support, the Illinois Department may, from funds that are
19		available for that purpose, pay or provide for the payment of
20		necessary or essential repairs, purchase tax certificates, pay
21		balances due on land contracts, or pay or cause to be satisfied
22		any prior liens on the property to which the lien hereunder
23		applies.
24		(h) A lien on real property under this Section shall be
25		released pursuant to Section 12-101 of the Code of Civil
26		Procedure.

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1		(i) The Illinois Department, acting in behalf of the State,
2		may foreclose the lien in a judicial proceeding to the same
3		extent and in the same manner as in the enforcement of other
4		liens. The process, practice, and procedure for the foreclosure
5		shall be the same as provided in the Code of Civil Procedure.
6		(Source: P.A. 99-85, eff. 1-1-16.)
7		(Text of Section after amendment by P.A. 99-157)
8		Sec. 10-25. Administrative liens and levies on real
9		property for past-due child support and for fines against a
10		payor who wilfully fails to withhold or pay over income
11		pursuant to a properly served income withholding notice or
12		otherwise fails to comply with any duties imposed by the Income
13		Withholding for Support Act.
14		(a) Notwithstanding any other State or local law to the
15		contrary, the State shall have a lien on all legal and
16		equitable interests of responsible relatives in their real
17		property in the amount of past-due child support owing pursuant
18		to an order for child support entered under Sections 10-10 and
19		10-11 of this Code, or under the Illinois Marriage and
20		Dissolution of Marriage Act, the Non-Support of Spouse and
21		Children Act, the Non-Support Punishment Act, the Uniform
22		Interstate Family Support Act, the Illinois Parentage Act of
23		1984, or the Illinois Parentage Act of 2015.
24		(a-5) The State shall have a lien on all legal and
25		equitable interests of a payor, as that term is described in

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1		the Income Withholding for Support Act, in the payor's real
2		property in the amount of any fine imposed by the Illinois
3		Department pursuant to the Income Withholding for Support Act.
4		(b) The Illinois Department shall provide by rule for
5		notice to and an opportunity to be heard by each responsible
6		relative or payor affected, and any final administrative
7		decision rendered by the Illinois Department shall be reviewed
8		only under and in accordance with the Administrative Review
9		Law.
10		(c) When enforcing a lien under subsection (a) of this
11		Section, the Illinois Department shall have the authority to
12		execute notices of administrative liens and levies, which shall
13		contain the name and address of the responsible relative or
14		payor, a legal description of the real property to be levied,
15		the fact that a lien is being claimed for past-due child
16		support or for the fines imposed on a payor pursuant to the
17		Income Withholding for Support Act, and such other information
18		as the Illinois Department may by rule prescribe. The Illinois
19		Department shall record the notice of lien with the recorder or
20		registrar of titles of the county or counties in which the real
21		estate is located.
22		(d) The State's lien under subsection (a) shall be
23		enforceable upon the recording or filing of a notice of lien
24		with the recorder or registrar of titles of the county or
25		counties in which the real estate is located. The lien shall be
26		prior to any lien thereafter recorded or filed and shall be

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1		notice to a subsequent purchaser, assignor, or encumbrancer of
2		the existence and nature of the lien. The lien shall be
3		inferior to the lien of general taxes, special assessment, and
4		special taxes heretofore or hereafter levied by any political
5		subdivision or municipal corporation of the State.
6		In the event that title to the land to be affected by the
7		notice of lien is registered under the Registered Titles
8		(Torrens) Act, the notice shall be filed in the office of the
9		registrar of titles as a memorial or charge upon each folium of
10		the register of titles affected by the notice; but the State
11		shall not have a preference over the rights of any bona fide
12		purchaser, mortgagee, judgment creditor, or other lien holders
13		registered prior to the registration of the notice.
14		(e) The recorder or registrar of titles of each county
15		shall procure a file labeled "Child Support Lien Notices" and
16		an index book labeled "Child Support Lien Notices". When notice
17		of any lien is presented to the recorder or registrar of titles
18		for filing, the recorder or registrar of titles shall file it
19		in numerical order in the file and shall enter it
20		alphabetically in the index. The entry shall show the name and
21		last known address of the person or payor named in the notice,
22		the serial number of the notice, the date and hour of filing,
23		and the amount of child support or the amount of the fine
24		imposed on the payor due at the time when the lien is filed.
25		(f) The Illinois Department shall not be required to
26		furnish bond or make a deposit for or pay any costs or fees of

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1		any court or officer thereof in any legal proceeding involving
2		the lien.
3		(g) To protect the lien of the State for past-due child
4		support and for any fine imposed against a payor, the Illinois
5		Department may, from funds that are available for that purpose,
6		pay or provide for the payment of necessary or essential
7		repairs, purchase tax certificates, pay balances due on land
8		contracts, or pay or cause to be satisfied any prior liens on
9		the property to which the lien hereunder applies.
10		(h) A lien on real property under this Section shall be
11		released pursuant to Section 12-101 of the Code of Civil
12		Procedure.
13		(i) The Illinois Department, acting in behalf of the State,
14		may foreclose the lien in a judicial proceeding to the same
15		extent and in the same manner as in the enforcement of other
16		liens. The process, practice, and procedure for the foreclosure
17		shall be the same as provided in the Code of Civil Procedure.
18		(Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; revised
19		10-26-15.)
20		(305 ILCS 5/10-25.5)
21		(Text of Section before amendment by P.A. 99-157)
22		Sec. 10-25.5. Administrative liens and levies on personal
23		property for past-due child support.
24		(a) Notwithstanding any other State or local law to the
25		contrary, the State shall have a lien on all legal and

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1		equitable interests of responsible relatives in their personal
2		property, including any account in a financial institution as
3		defined in Section 10-24, or in the case of an insurance
4		company or benefit association only in accounts as defined in
5		Section 10-24, in the amount of past-due child support owing
6		pursuant to an order for child support entered under Sections
7		10-10 and 10-11 of this Code, or under the Illinois Marriage
8		and Dissolution of Marriage Act, the Non-Support of Spouse and
9		Children Act, the Non-Support Punishment Act, the Uniform
10		Interstate Family Support Act, the Illinois Parentage Act of
11		1984, or the Illinois Parentage Act of 2015.
12		(b) The Illinois Department shall provide by rule for
13		notice to and an opportunity to be heard by each responsible
14		relative affected, and any final administrative decision
15		rendered by the Illinois Department shall be reviewed only
16		under and in accordance with the Administrative Review Law.
17		(c) When enforcing a lien under subsection (a) of this
18		Section, the Illinois Department shall have the authority to
19		execute notices of administrative liens and levies, which shall
20		contain the name and address of the responsible relative, a
21		description of the property to be levied, the fact that a lien
22		is being claimed for past-due child support, and such other
23		information as the Illinois Department may by rule prescribe.
24		The Illinois Department may serve the notice of lien or levy
25		upon any financial institution where the accounts as defined in
26		Section 10-24 of the responsible relative may be held, for

HB5540 Enrolled - 992 - LRB099 16003 AMC 40320 b
1		encumbrance or surrender of the accounts as defined in Section
2		10-24 by the financial institution.
3		(d) The Illinois Department shall enforce its lien against
4		the responsible relative's personal property, other than
5		accounts as defined in Section 10-24 in financial institutions,
6		and levy upon such personal property in the manner provided for
7		enforcement of judgments contained in Article XII of the Code
8		of Civil Procedure.
9		(e) The Illinois Department shall not be required to
10		furnish bond or make a deposit for or pay any costs or fees of
11		any court or officer thereof in any legal proceeding involving
12		the lien.
13		(f) To protect the lien of the State for past-due child
14		support, the Illinois Department may, from funds that are
15		available for that purpose, pay or provide for the payment of
16		necessary or essential repairs, purchase tax certificates, or
17		pay or cause to be satisfied any prior liens on the property to
18		which the lien hereunder applies.
19		(g) A lien on personal property under this Section shall be
20		released in the manner provided under Article XII of the Code
21		of Civil Procedure. Notwithstanding the foregoing, a lien under
22		this Section on accounts as defined in Section 10-24 shall
23		expire upon the passage of 120 days from the date of issuance
24		of the Notice of Lien or Levy by the Illinois Department.
25		However, the lien shall remain in effect during the pendency of
26		any appeal or protest.

HB5540 Enrolled - 993 - LRB099 16003 AMC 40320 b
1		(h) A lien created under this Section is subordinate to any
2		prior lien of the financial institution or any prior lien
3		holder or any prior right of set-off that the financial
4		institution may have against the assets, or in the case of an
5		insurance company or benefit association only in the accounts
6		as defined in Section 10-24.
7		(i) A financial institution has no obligation under this
8		Section to hold, encumber, or surrender the assets, or in the
9		case of an insurance company or benefit association only the
10		accounts as defined in Section 10-24, until the financial
11		institution has been properly served with a subpoena, summons,
12		warrant, court or administrative order, or administrative lien
13		and levy requiring that action.
14		(Source: P.A. 99-85, eff. 1-1-16.)
15		(Text of Section after amendment by P.A. 99-157)
16		Sec. 10-25.5. Administrative liens and levies on personal
17		property for past-due child support and for fines against a
18		payor who wilfully fails to withhold or pay over income
19		pursuant to a properly served income withholding notice or
20		otherwise fails to comply with any duties imposed by the Income
21		Withholding for Support Act.
22		(a) Notwithstanding any other State or local law to the
23		contrary, the State shall have a lien on all legal and
24		equitable interests of responsible relatives in their personal
25		property, including any account in a financial institution as

HB5540 Enrolled - 994 - LRB099 16003 AMC 40320 b
1		defined in Section 10-24, or in the case of an insurance
2		company or benefit association only in accounts as defined in
3		Section 10-24, in the amount of past-due child support owing
4		pursuant to an order for child support entered under Sections
5		10-10 and 10-11 of this Code, or under the Illinois Marriage
6		and Dissolution of Marriage Act, the Non-Support of Spouse and
7		Children Act, the Non-Support Punishment Act, the Uniform
8		Interstate Family Support Act, the Illinois Parentage Act of
9		1984, or the Illinois Parentage Act of 2015.
10		(a-5) The State shall have a lien on all legal and
11		equitable interests of a payor, as that term is described in
12		the Income Withholding for Support Act, in the payor's personal
13		property in the amount of any fine imposed by the Illinois
14		Department pursuant to the Income Withholding for Support Act.
15		(b) The Illinois Department shall provide by rule for
16		notice to and an opportunity to be heard by each responsible
17		relative or payor affected, and any final administrative
18		decision rendered by the Illinois Department shall be reviewed
19		only under and in accordance with the Administrative Review
20		Law.
21		(c) When enforcing a lien under subsection (a) of this
22		Section, the Illinois Department shall have the authority to
23		execute notices of administrative liens and levies, which shall
24		contain the name and address of the responsible relative or
25		payor, a description of the property to be levied, the fact
26		that a lien is being claimed for past-due child support, and

HB5540 Enrolled - 995 - LRB099 16003 AMC 40320 b
1		such other information as the Illinois Department may by rule
2		prescribe. The Illinois Department may serve the notice of lien
3		or levy upon any financial institution where the accounts as
4		defined in Section 10-24 of the responsible relative may be
5		held, for encumbrance or surrender of the accounts as defined
6		in Section 10-24 by the financial institution.
7		(d) The Illinois Department shall enforce its lien against
8		the responsible relative's or payor's personal property, other
9		than accounts as defined in Section 10-24 in financial
10		institutions, and levy upon such personal property in the
11		manner provided for enforcement of judgments contained in
12		Article XII of the Code of Civil Procedure.
13		(e) The Illinois Department shall not be required to
14		furnish bond or make a deposit for or pay any costs or fees of
15		any court or officer thereof in any legal proceeding involving
16		the lien.
17		(f) To protect the lien of the State for past-due child
18		support and for any fine imposed on a payor, the Illinois
19		Department may, from funds that are available for that purpose,
20		pay or provide for the payment of necessary or essential
21		repairs, purchase tax certificates, or pay or cause to be
22		satisfied any prior liens on the property to which the lien
23		hereunder applies.
24		(g) A lien on personal property under this Section shall be
25		released in the manner provided under Article XII of the Code
26		of Civil Procedure. Notwithstanding the foregoing, a lien under

HB5540 Enrolled - 996 - LRB099 16003 AMC 40320 b
1		this Section on accounts as defined in Section 10-24 shall
2		expire upon the passage of 120 days from the date of issuance
3		of the Notice of Lien or Levy by the Illinois Department.
4		However, the lien shall remain in effect during the pendency of
5		any appeal or protest.
6		(h) A lien created under this Section is subordinate to any
7		prior lien of the financial institution or any prior lien
8		holder or any prior right of set-off that the financial
9		institution may have against the assets, or in the case of an
10		insurance company or benefit association only in the accounts
11		as defined in Section 10-24.
12		(i) A financial institution has no obligation under this
13		Section to hold, encumber, or surrender the assets, or in the
14		case of an insurance company or benefit association only the
15		accounts as defined in Section 10-24, until the financial
16		institution has been properly served with a subpoena, summons,
17		warrant, court or administrative order, or administrative lien
18		and levy requiring that action.
19		(Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; revised
20		10-27-15.)
21		Section 405. The Adult Protective Services Act is amended
22		by changing Section 8 as follows:
23		(320 ILCS 20/8) (from Ch. 23, par. 6608)
24		Sec. 8. Access to records. All records concerning reports

HB5540 Enrolled - 997 - LRB099 16003 AMC 40320 b
1		of abuse, neglect, financial exploitation, or self-neglect and
2		all records generated as a result of such reports shall be
3		confidential and shall not be disclosed except as specifically
4		authorized by this Act or other applicable law. In accord with
5		established law and Department protocols, procedures, and
6		policies, access to such records, but not access to the
7		identity of the person or persons making a report of alleged
8		abuse, neglect, financial exploitation, or self-neglect as
9		contained in such records, shall be provided, upon request, to
10		the following persons and for the following persons:
11		(1) Department staff, provider agency staff, other
12		aging network staff, and regional administrative agency
13		staff, including staff of the Chicago Department on Aging
14		while that agency is designated as a regional
15		administrative agency, in the furtherance of their
16		responsibilities under this Act;
17		(1.5) A representative of the public guardian acting in
18		the course of investigating the appropriateness of
19		guardianship for the eligible adult or while pursuing a
20		petition for guardianship of the eligible adult pursuant to
21		the Probate Act of 1975;
22		(2) A law enforcement agency investigating known or
23		suspected abuse, neglect, financial exploitation, or
24		self-neglect. Where a provider agency has reason to believe
25		that the death of an eligible adult may be the result of
26		abuse or neglect, including any reports made after death,

HB5540 Enrolled - 998 - LRB099 16003 AMC 40320 b
1		the agency shall immediately provide the appropriate law
2		enforcement agency with all records pertaining to the
3		eligible adult;
4		(2.5) A law enforcement agency, fire department
5		agency, or fire protection district having proper
6		jurisdiction pursuant to a written agreement between a
7		provider agency and the law enforcement agency, fire
8		department agency, or fire protection district under which
9		the provider agency may furnish to the law enforcement
10		agency, fire department agency, or fire protection
11		district a list of all eligible adults who may be at
12		imminent risk of abuse, neglect, financial exploitation,
13		or self-neglect;
14		(3) A physician who has before him or her or who is
15		involved in the treatment of an eligible adult whom he or
16		she reasonably suspects may be abused, neglected,
17		financially exploited, or self-neglected or who has been
18		referred to the Adult Protective Services Program;
19		(4) An eligible adult reported to be abused, neglected,
20		financially exploited, or self-neglected, or such adult's
21		authorized guardian or agent, unless such guardian or agent
22		is the abuser or the alleged abuser;
23		(4.5) An executor or administrator of the estate of an
24		eligible adult who is deceased;
25		(5) In cases regarding abuse, neglect, or financial
26		exploitation, a court or a guardian ad litem, upon its or

HB5540 Enrolled - 999 - LRB099 16003 AMC 40320 b
1		his or her finding that access to such records may be
2		necessary for the determination of an issue before the
3		court. However, such access shall be limited to an in
4		camera inspection of the records, unless the court
5		determines that disclosure of the information contained
6		therein is necessary for the resolution of an issue then
7		pending before it;
8		(5.5) In cases regarding self-neglect, a guardian ad
9		litem;
10		(6) A grand jury, upon its determination that access to
11		such records is necessary in the conduct of its official
12		business;
13		(7) Any person authorized by the Director, in writing,
14		for audit or bona fide research purposes;
15		(8) A coroner or medical examiner who has reason to
16		believe that an eligible adult has died as the result of
17		abuse, neglect, financial exploitation, or self-neglect.
18		The provider agency shall immediately provide the coroner
19		or medical examiner with all records pertaining to the
20		eligible adult;
21		(8.5) A coroner or medical examiner having proper
22		jurisdiction, pursuant to a written agreement between a
23		provider agency and the coroner or medical examiner, under
24		which the provider agency may furnish to the office of the
25		coroner or medical examiner a list of all eligible adults
26		who may be at imminent risk of death as a result of abuse,

HB5540 Enrolled - 1000 - LRB099 16003 AMC 40320 b
1		neglect, financial exploitation, or self-neglect;
2		(9) Department of Financial and Professional
3		Regulation staff and members of the Illinois Medical
4		Disciplinary Board or the Social Work Examining and
5		Disciplinary Board in the course of investigating alleged
6		violations of the Clinical Social Work and Social Work
7		Practice Act by provider agency staff or other licensing
8		bodies at the discretion of the Director of the Department
9		on Aging;
10		(9-a) Department of Healthcare and Family Services
11		staff and provider agency staff when that Department is
12		funding services to the eligible adult, including access to
13		the identity of the eligible adult;
14		(9-b) Department of Human Services staff and provider
15		agency staff when that Department is funding services to
16		the eligible adult or is providing reimbursement for
17		services provided by the abuser or alleged abuser,
18		including access to the identity of the eligible adult;
19		(10) Hearing officers in the course of conducting an
20		administrative hearing under this Act; parties to such
21		hearing shall be entitled to discovery as established by
22		rule;
23		(11) A caregiver who challenges placement on the
24		Registry shall be given the statement of allegations in the
25		abuse report and the substantiation decision in the final
26		investigative report; and

HB5540 Enrolled - 1001 - LRB099 16003 AMC 40320 b
1		(12) The Illinois Guardianship and Advocacy Commission
2		and the agency designated by the Governor under Section 1
3		of the Protection and Advocacy for Persons with
4		Developmental Disabilities Act shall have access, through
5		the Department, to records, including the findings,
6		pertaining to a completed or closed investigation of a
7		report of suspected abuse, neglect, financial
8		exploitation, or self-neglect of an eligible adult.
9		(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
10		99-143, eff. 7-27-15; 99-287, eff. 1-1-16; revised 10-26-15.)
11		Section 410. The Abused and Neglected Child Reporting Act
12		is amended by changing Section 7.8 as follows:
13		(325 ILCS 5/7.8)
14		(Text of Section before amendment by P.A. 99-350)
15		Sec. 7.8. Upon receiving an oral or written report of
16		suspected child abuse or neglect, the Department shall
17		immediately notify, either orally or electronically, the Child
18		Protective Service Unit of a previous report concerning a
19		subject of the present report or other pertinent information.
20		In addition, upon satisfactory identification procedures, to
21		be established by Department regulation, any person authorized
22		to have access to records under Section 11.1 relating to child
23		abuse and neglect may request and shall be immediately provided
24		the information requested in accordance with this Act. However,

HB5540 Enrolled - 1002 - LRB099 16003 AMC 40320 b
1		no information shall be released unless it prominently states
2		the report is "indicated", and only information from
3		"indicated" reports shall be released, except that information
4		concerning pending reports may be released pursuant to Sections
5		7.14 and 7.22 of this Act to the attorney or guardian ad litem
6		appointed under Section 2-17 of the Juvenile Court Act of 1987
7		and to any person authorized under paragraphs (1), (2), (3) and
8		(11) of Section 11.1. In addition, State's Attorneys are
9		authorized to receive unfounded reports (i) for prosecution
10		purposes related to the transmission of false reports of child
11		abuse or neglect in violation of subsection (a), paragraph (7)
12		of Section 26-1 of the Criminal Code of 2012 or (ii) for the
13		purposes of screening and prosecuting a petition filed under
14		Article II of the Juvenile Court Act of 1987 alleging a
15		subsequent allegation of abuse or neglect relating to the same
16		child, a sibling of the child, or the same perpetrator; the
17		parties to the proceedings filed under Article II of the
18		Juvenile Court Act of 1987 are entitled to receive copies of
19		previously unfounded reports regarding the same child, a
20		sibling of the child, or the same perpetrator for purposes of
21		hearings under Sections 2-10 and 2-21 of the Juvenile Court Act
22		of 1987, and attorneys and guardians ad litem appointed under
23		Article II of the Juvenile Court Act of 1987 shall receive the
24		reports set forth in Section 7.14 of this Act in conformance
25		with paragraph (19) of Section 11.1 and Section 7.14 of this
26		Act. The names and other identifying data and the dates and the

HB5540 Enrolled - 1003 - LRB099 16003 AMC 40320 b
1		circumstances of any persons requesting or receiving
2		information from the central register shall be entered in the
3		register record.
4		(Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349,
5		eff. 1-1-16.)
6		(Text of Section after amendment by P.A. 99-350)
7		Sec. 7.8. Upon receiving an oral or written report of
8		suspected child abuse or neglect, the Department shall
9		immediately notify, either orally or electronically, the Child
10		Protective Service Unit of a previous report concerning a
11		subject of the present report or other pertinent information.
12		In addition, upon satisfactory identification procedures, to
13		be established by Department regulation, any person authorized
14		to have access to records under Section 11.1 relating to child
15		abuse and neglect may request and shall be immediately provided
16		the information requested in accordance with this Act. However,
17		no information shall be released unless it prominently states
18		the report is "indicated", and only information from
19		"indicated" reports shall be released, except that information
20		concerning pending reports may be released pursuant to Sections
21		7.14 and 7.22 of this Act to the attorney or guardian ad litem
22		appointed under Section 2-17 of the Juvenile Court Act of 1987
23		and to any person authorized under paragraphs (1), (2), (3) and
24		(11) of Section 11.1. In addition, State's Attorneys are
25		authorized to receive unfounded reports (i) for prosecution

HB5540 Enrolled - 1004 - LRB099 16003 AMC 40320 b
1		purposes related to the transmission of false reports of child
2		abuse or neglect in violation of subsection (a), paragraph (7)
3		of Section 26-1 of the Criminal Code of 2012 or (ii) for the
4		purposes of screening and prosecuting a petition filed under
5		Article II of the Juvenile Court Act of 1987 alleging a
6		subsequent allegation of abuse or neglect relating to the same
7		child, a sibling of the child, or the same perpetrator; the
8		parties to the proceedings filed under Article II of the
9		Juvenile Court Act of 1987 are entitled to receive copies of
10		previously unfounded reports regarding the same child, a
11		sibling of the child, or the same perpetrator for purposes of
12		hearings under Sections 2-10 and 2-21 of the Juvenile Court Act
13		of 1987, and attorneys and guardians ad litem appointed under
14		Article II of the Juvenile Court Act of 1987 shall receive the
15		reports set forth in Section 7.14 of this Act in conformance
16		with paragraph (19) of Section 11.1 and Section 7.14 of this
17		Act. The Department is authorized and required to release
18		information from unfounded reports, upon request by a person
19		who has access to the unfounded report as provided in this Act,
20		as necessary in its determination to protect children and adult
21		residents who are in child care facilities licensed by the
22		Department under the Child Care Act of 1969. The names and
23		other identifying data and the dates and the circumstances of
24		any persons requesting or receiving information from the
25		central register shall be entered in the register record.
26		(Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349,

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1		eff. 1-1-16; 99-350, eff. 6-1-16; revised 10-27-15.)
2		Section 415. The Mental Health and Developmental
3		Disabilities Code is amended by changing Section 6-103.2 as
4		follows:
5		(405 ILCS 5/6-103.2)
6		Sec. 6-103.2. Developmental disability; notice. If a
7		person 14 years old or older is determined to be a person with
8		a developmental disability by a physician, clinical
9		psychologist, or qualified examiner, the physician, clinical
10		psychologist, or qualified examiner shall notify the
11		Department of Human Services within 7 days of making the
12		determination that the person has a developmental disability.
13		The Department of Human Services shall immediately update its
14		records and information relating to mental health and
15		developmental disabilities, and if appropriate, shall notify
16		the Department of State Police in a form and manner prescribed
17		by the Department of State Police. Information disclosed under
18		this Section shall remain privileged and confidential, and
19		shall not be redisclosed, except as required under subsection
20		(e) of Section 3.1 of the Firearm Owners Identification Card
21		Act, nor used for any other purpose. The method of providing
22		this information shall guarantee that the information is not
23		released beyond that which is necessary for the purpose of this
24		Section and shall be provided by rule by the Department of

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1		Human Services. The identity of the person reporting under this
2		Section shall not be disclosed to the subject of the report.
3		The physician, clinical psychologist, or qualified
4		examiner making the determination and his or her employer may
5		not be held criminally, civilly, or professionally liable for
6		making or not making the notification required under this
7		Section, except for willful or wanton misconduct.
8		For purposes of this Section, "developmental disability"
9		"developmentally disabled" means a disability which is
10		attributable to any other condition which results in impairment
11		similar to that caused by an intellectual disability and which
12		requires services similar to those required by intellectually
13		disabled persons. The disability must originate before the age
14		of 18 years, be expected to continue indefinitely, and
15		constitute a substantial disability. This disability results,
16		in the professional opinion of a physician, clinical
17		psychologist, or qualified examiner, in significant functional
18		limitations in 3 or more of the following areas of major life
19		activity:
20		(i) self-care;
21		(ii) receptive and expressive language;
22		(iii) learning;
23		(iv) mobility; or
24		(v) self-direction.
25		"Determined to be a person with a developmental disability
26		developmentally disabled by a physician, clinical

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1		psychologist, or qualified examiner" means in the professional
2		opinion of the physician, clinical psychologist, or qualified
3		examiner, a person is diagnosed, assessed, or evaluated as
4		having a developmental disability to be developmentally
5		disabled.
6		(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
7		eff. 7-27-15; revised 11-13-15.)
8		Section 420. The Community Services Act is amended by
9		changing the title of the Act as follows:
10		(405 ILCS 30/Act title)
11		An Act to facilitate the establishment of community
12		services for persons who are mentally ill,, alcohol dependent,
13		or addicted or who are persons with developmental disabilities.
14		Section 425. The Developmental Disability and Mental
15		Disability Services Act is amended by changing Sections 2-3 and
16		5-1 as follows:
17		(405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
18		Sec. 2-3. As used in this Article, unless the context
19		requires otherwise:
20		(a) "Agency" means an agency or entity licensed by the
21		Department pursuant to this Article or pursuant to the
22		Community Residential Alternatives Licensing Act.

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1		(b) "Department" means the Department of Human Services, as
2		successor to the Department of Mental Health and Developmental
3		Disabilities.
4		(c) "Home-based services" means services provided to an
5		adult with a mental disability who lives in his or her own
6		home. These services include but are not limited to:
7		(1) home health services;
8		(2) case management;
9		(3) crisis management;
10		(4) training and assistance in self-care;
11		(5) personal care services;
12		(6) habilitation and rehabilitation services;
13		(7) employment-related services;
14		(8) respite care; and
15		(9) other skill training that enables a person to
16		become self-supporting.
17		(d) "Legal guardian" means a person appointed by a court of
18		competent jurisdiction to exercise certain powers on behalf of
19		an adult with a mental disability.
20		(e) "Adult with a mental disability" means a person over
21		the age of 18 years who lives in his or her own home; who needs
22		home-based services, but does not require 24-hour-a-day
23		supervision; and who has one of the following conditions:
24		severe autism, severe mental illness, a severe or profound
25		intellectual disability, or severe and multiple impairments.
26		(f) In one's "own home" means that an adult with a mental

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1		disability lives alone; or that an adult with a mental
2		disability is in full-time residence with his or her parents,
3		legal guardian, or other relatives; or that an adult with a
4		mental disability is in full-time residence in a setting not
5		subject to licensure under the Nursing Home Care Act, the
6		Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
7		Community Care Act, the MC/DD Act, or the Child Care Act of
8		1969, as now or hereafter amended, with 3 or fewer other adults
9		unrelated to the adult with a mental disability who do not
10		provide home-based services to the adult with a mental
11		disability.
12		(g) "Parent" means the biological or adoptive parent of an
13		adult with a mental disability, or a person licensed as a
14		foster parent under the laws of this State who acts as a foster
15		parent to an adult with a mental disability.
16		(h) "Relative" means any of the following relationships by
17		blood, marriage or adoption: parent, son, daughter, brother,
18		sister, grandparent, uncle, aunt, nephew, niece, great
19		grandparent, great uncle, great aunt, stepbrother, stepsister,
20		stepson, stepdaughter, stepparent or first cousin.
21		(i) "Severe autism" means a lifelong developmental
22		disability which is typically manifested before 30 months of
23		age and is characterized by severe disturbances in reciprocal
24		social interactions; verbal and nonverbal communication and
25		imaginative activity; and repertoire of activities and
26		interests. A person shall be determined severely autistic, for

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1		purposes of this Article, if both of the following are present:
2		(1) Diagnosis consistent with the criteria for
3		autistic disorder in the current edition of the Diagnostic
4		and Statistical Manual of Mental Disorders.
5		(2) Severe disturbances in reciprocal social
6		interactions; verbal and nonverbal communication and
7		imaginative activity; repertoire of activities and
8		interests. A determination of severe autism shall be based
9		upon a comprehensive, documented assessment with an
10		evaluation by a licensed clinical psychologist or
11		psychiatrist. A determination of severe autism shall not be
12		based solely on behaviors relating to environmental,
13		cultural or economic differences.
14		(j) "Severe mental illness" means the manifestation of all
15		of the following characteristics:
16		(1) A primary diagnosis of one of the major mental
17		disorders in the current edition of the Diagnostic and
18		Statistical Manual of Mental Disorders listed below:
19		(A) Schizophrenia disorder.
20		(B) Delusional disorder.
21		(C) Schizo-affective disorder.
22		(D) Bipolar affective disorder.
23		(E) Atypical psychosis.
24		(F) Major depression, recurrent.
25		(2) The individual's mental illness must substantially
26		impair his or her functioning in at least 2 of the

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1		following areas:
2		(A) Self-maintenance.
3		(B) Social functioning.
4		(C) Activities of community living.
5		(D) Work skills.
6		(3) Disability must be present or expected to be
7		present for at least one year.
8		A determination of severe mental illness shall be based
9		upon a comprehensive, documented assessment with an evaluation
10		by a licensed clinical psychologist or psychiatrist, and shall
11		not be based solely on behaviors relating to environmental,
12		cultural or economic differences.
13		(k) "Severe or profound intellectual disability" means a
14		manifestation of all of the following characteristics:
15		(1) A diagnosis which meets Classification in Mental
16		Retardation or criteria in the current edition of the
17		Diagnostic and Statistical Manual of Mental Disorders for
18		severe or profound mental retardation (an IQ of 40 or
19		below). This must be measured by a standardized instrument
20		for general intellectual functioning.
21		(2) A severe or profound level of disturbed adaptive
22		behavior. This must be measured by a standardized adaptive
23		behavior scale or informal appraisal by the professional in
24		keeping with illustrations in Classification in Mental
25		Retardation, 1983.
26		(3) Disability diagnosed before age of 18.

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1		A determination of a severe or profound intellectual
2		disability shall be based upon a comprehensive, documented
3		assessment with an evaluation by a licensed clinical
4		psychologist or certified school psychologist or a
5		psychiatrist, and shall not be based solely on behaviors
6		relating to environmental, cultural or economic differences.
7		(l) "Severe and multiple impairments" means the
8		manifestation of all of the following characteristics:
9		(1) The evaluation determines the presence of a
10		developmental disability which is expected to continue
11		indefinitely, constitutes a substantial disability and is
12		attributable to any of the following:
13		(A) Intellectual disability, which is defined as
14		general intellectual functioning that is 2 or more
15		standard deviations below the mean concurrent with
16		impairment of adaptive behavior which is 2 or more
17		standard deviations below the mean. Assessment of the
18		individual's intellectual functioning must be measured
19		by a standardized instrument for general intellectual
20		functioning.
21		(B) Cerebral palsy.
22		(C) Epilepsy.
23		(D) Autism.
24		(E) Any other condition which results in
25		impairment similar to that caused by an intellectual
26		disability and which requires services similar to

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1		those required by persons with intellectual
2		disabilities.
3		(2) The evaluation determines multiple disabilities in
4		physical, sensory, behavioral or cognitive functioning
5		which constitute a severe or profound impairment
6		attributable to one or more of the following:
7		(A) Physical functioning, which severely impairs
8		the individual's motor performance that may be due to:
9		(i) Neurological, psychological or physical
10		involvement resulting in a variety of disabling
11		conditions such as hemiplegia, quadriplegia or
12		ataxia,
13		(ii) Severe organ systems involvement such as
14		congenital heart defect,
15		(iii) Physical abnormalities resulting in the
16		individual being non-mobile and non-ambulatory or
17		confined to bed and receiving assistance in
18		transferring, or
19		(iv) The need for regular medical or nursing
20		supervision such as gastrostomy care and feeding.
21		Assessment of physical functioning must be based
22		on clinical medical assessment by a physician licensed
23		to practice medicine in all its branches, using the
24		appropriate instruments, techniques and standards of
25		measurement required by the professional.
26		(B) Sensory, which involves severe restriction due

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1		to hearing or visual impairment limiting the
2		individual's movement and creating dependence in
3		completing most daily activities. Hearing impairment
4		is defined as a loss of 70 decibels aided or speech
5		discrimination of less than 50% aided. Visual
6		impairment is defined as 20/200 corrected in the better
7		eye or a visual field of 20 degrees or less. Sensory
8		functioning must be based on clinical medical
9		assessment by a physician licensed to practice
10		medicine in all its branches using the appropriate
11		instruments, techniques and standards of measurement
12		required by the professional.
13		(C) Behavioral, which involves behavior that is
14		maladaptive and presents a danger to self or others, is
15		destructive to property by deliberately breaking,
16		destroying or defacing objects, is disruptive by
17		fighting, or has other socially offensive behaviors in
18		sufficient frequency or severity to seriously limit
19		social integration. Assessment of behavioral
20		functioning may be measured by a standardized scale or
21		informal appraisal by a clinical psychologist or
22		psychiatrist.
23		(D) Cognitive, which involves intellectual
24		functioning at a measured IQ of 70 or below. Assessment
25		of cognitive functioning must be measured by a
26		standardized instrument for general intelligence.

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1		(3) The evaluation determines that development is
2		substantially less than expected for the age in cognitive,
3		affective or psychomotor behavior as follows:
4		(A) Cognitive, which involves intellectual
5		functioning at a measured IQ of 70 or below. Assessment
6		of cognitive functioning must be measured by a
7		standardized instrument for general intelligence.
8		(B) Affective behavior, which involves over and
9		under responding to stimuli in the environment and may
10		be observed in mood, attention to awareness, or in
11		behaviors such as euphoria, anger or sadness that
12		seriously limit integration into society. Affective
13		behavior must be based on clinical assessment using the
14		appropriate instruments, techniques and standards of
15		measurement required by the professional.
16		(C) Psychomotor, which includes a severe
17		developmental delay in fine or gross motor skills so
18		that development in self-care, social interaction,
19		communication or physical activity will be greatly
20		delayed or restricted.
21		(4) A determination that the disability originated
22		before the age of 18 years.
23		A determination of severe and multiple impairments shall be
24		based upon a comprehensive, documented assessment with an
25		evaluation by a licensed clinical psychologist or
26		psychiatrist.

HB5540 Enrolled - 1016 - LRB099 16003 AMC 40320 b
1		If the examiner is a licensed clinical psychologist,
2		ancillary evaluation of physical impairment, cerebral palsy or
3		epilepsy must be made by a physician licensed to practice
4		medicine in all its branches.
5		Regardless of the discipline of the examiner, ancillary
6		evaluation of visual impairment must be made by an
7		ophthalmologist or a licensed optometrist.
8		Regardless of the discipline of the examiner, ancillary
9		evaluation of hearing impairment must be made by an
10		otolaryngologist or an audiologist with a certificate of
11		clinical competency.
12		The only exception to the above is in the case of a person
13		with cerebral palsy or epilepsy who, according to the
14		eligibility criteria listed below, has multiple impairments
15		which are only physical and sensory. In such a case, a
16		physician licensed to practice medicine in all its branches may
17		serve as the examiner.
18		(m) "Twenty-four-hour-a-day supervision" means
19		24-hour-a-day care by a trained mental health or developmental
20		disability professional on an ongoing basis.
21		(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
22		99-180, eff. 7-29-15; revised 10-15-15.)
23		(405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)
24		Sec. 5-1. As the mental health and developmental
25		disabilities or intellectual disabilities authority for the

HB5540 Enrolled - 1017 - LRB099 16003 AMC 40320 b
1		State of Illinois, the Department of Human Services shall have
2		the authority to license, certify and prescribe standards
3		governing the programs and services provided under this Act, as
4		well as all other agencies or programs which provide home-based
5		or community-based services to persons with mental
6		disabilities, except those services, programs or agencies
7		established under or otherwise subject to the Child Care Act of
8		1969, the Specialized Mental Health Rehabilitation Act of 2013,
9		the ID/DD Community Care Act, or the MC/DD Act, as now or
10		hereafter amended, and this Act shall not be construed to limit
11		the application of those Acts.
12		(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
13		99-180, eff. 7-29-15; revised 10-15-15.)
14		Section 430. The Sexual Assault Survivors Emergency
15		Treatment Act is amended by changing Section 5 as follows:
16		(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
17		Sec. 5. Minimum requirements for hospitals providing
18		hospital emergency services and forensic services to sexual
19		assault survivors.
20		(a) Every hospital providing hospital emergency services
21		and forensic services to sexual assault survivors under this
22		Act shall, as minimum requirements for such services, provide,
23		with the consent of the sexual assault survivor, and as ordered
24		by the attending physician, an advanced practice nurse, or a

HB5540 Enrolled - 1018 - LRB099 16003 AMC 40320 b
1		physician assistant, the following:
2		(1) appropriate medical examinations and laboratory
3		tests required to ensure the health, safety, and welfare of
4		a sexual assault survivor or which may be used as evidence
5		in a criminal proceeding against a person accused of the
6		sexual assault, or both; and records of the results of such
7		examinations and tests shall be maintained by the hospital
8		and made available to law enforcement officials upon the
9		request of the sexual assault survivor;
10		(2) appropriate oral and written information
11		concerning the possibility of infection, sexually
12		transmitted disease and pregnancy resulting from sexual
13		assault;
14		(3) appropriate oral and written information
15		concerning accepted medical procedures, medication, and
16		possible contraindications of such medication available
17		for the prevention or treatment of infection or disease
18		resulting from sexual assault;
19		(4) an amount of medication for treatment at the
20		hospital and after discharge as is deemed appropriate by
21		the attending physician, an advanced practice nurse, or a
22		physician assistant and consistent with the hospital's
23		current approved protocol for sexual assault survivors;
24		(5) an evaluation of the sexual assault survivor's risk
25		of contracting human immunodeficiency virus (HIV) from the
26		sexual assault;

HB5540 Enrolled - 1019 - LRB099 16003 AMC 40320 b
1		(6) written and oral instructions indicating the need
2		for follow-up examinations and laboratory tests after the
3		sexual assault to determine the presence or absence of
4		sexually transmitted disease;
5		(7) referral by hospital personnel for appropriate
6		counseling; and
7		(8) when HIV prophylaxis is deemed appropriate, an
8		initial dose or doses of HIV prophylaxis, along with
9		written and oral instructions indicating the importance of
10		timely follow-up healthcare.
11		(b) Any person who is a sexual assault survivor who seeks
12		emergency hospital services and forensic services or follow-up
13		healthcare under this Act shall be provided such services
14		without the consent of any parent, guardian, custodian,
15		surrogate, or agent.
16		(b-5) Every treating hospital providing hospital emergency
17		and forensic services to sexual assault survivors shall issue a
18		voucher to any sexual assault survivor who is eligible to
19		receive one. The hospital shall make a copy of the voucher and
20		place it in the medical record of the sexual assault survivor.
21		The hospital shall provide a copy of the voucher to the sexual
22		assault survivor after discharge upon request.
23		(c) Nothing in this Section creates a physician-patient
24		relationship that extends beyond discharge from the hospital
25		emergency department.
26		(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;

HB5540 Enrolled - 1020 - LRB099 16003 AMC 40320 b
1		revised 10-16-15.)
2		Section 435. The Compassionate Use of Medical Cannabis
3		Pilot Program Act is amended by changing Section 45 as follows:
4		(410 ILCS 130/45)
5		(Section scheduled to be repealed on January 1, 2018)
6		Sec. 45. Addition of debilitating medical conditions. Any
7		citizen may petition the Department of Public Health to add
8		debilitating conditions or treatments to the list of
9		debilitating medical conditions listed in subsection (h) of
10		Section 10. The Department of Public Health shall consider
11		petitions in the manner required by Department rule, including
12		public notice and hearing. The Department shall approve or deny
13		a petition within 180 days of its submission, and, upon
14		approval, shall proceed to add that condition by rule in
15		accordance with the Illinois Administrative Procedure Act. The
16		approval or denial of any petition is a final decision of the
17		Department, subject to judicial review. Jurisdiction and venue
18		are vested in the Circuit Court.
19		(Source: P.A. 98-122, eff. 1-1-14; revised 10-21-15.)
20		Section 440. The AIDS Confidentiality Act is amended by
21		changing Section 3 as follows:
22		(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)

HB5540 Enrolled - 1021 - LRB099 16003 AMC 40320 b
1		Sec. 3. Definitions. When used in this Act:
2		(a) "AIDS" means acquired immunodeficiency syndrome.
3		(b) "Authority" means the Illinois Health Information
4		Exchange Authority established pursuant to the Illinois Health
5		Information Exchange and Technology Act.
6		(c) "Business associate" has the meaning ascribed to it
7		under HIPAA, as specified in 45 CFR 160.103.
8		(d) "Covered entity" has the meaning ascribed to it under
9		HIPAA, as specified in 45 CFR 160.103.
10		(e) "De-identified information" means health information
11		that is not individually identifiable as described under HIPAA,
12		as specified in 45 CFR 164.514(b).
13		(f) "Department" means the Illinois Department of Public
14		Health or its designated agents.
15		(g) "Disclosure" has the meaning ascribed to it under
16		HIPAA, as specified in 45 CFR 160.103.
17		(h) "Health care operations" has the meaning ascribed to it
18		under HIPAA, as specified in 45 CFR 164.501.
19		(i) "Health care professional" means (i) a licensed
20		physician, (ii) a licensed physician assistant, (iii) a
21		licensed advanced practice nurse, (iv) an advanced practice
22		nurse or physician assistant who practices in a hospital or
23		ambulatory surgical treatment center and possesses appropriate
24		clinical privileges, (v) a licensed dentist, (vi) a licensed
25		podiatric physician, or (vii) an individual certified to
26		provide HIV testing and counseling by a state or local public

HB5540 Enrolled - 1022 - LRB099 16003 AMC 40320 b
1		health department.
2		(j) "Health care provider" has the meaning ascribed to it
3		under HIPAA, as specified in 45 CFR 160.103.
4		(k) "Health facility" means a hospital, nursing home, blood
5		bank, blood center, sperm bank, or other health care
6		institution, including any "health facility" as that term is
7		defined in the Illinois Finance Authority Act.
8		(l) "Health information exchange" or "HIE" means a health
9		information exchange or health information organization that
10		oversees and governs the electronic exchange of health
11		information that (i) is established pursuant to the Illinois
12		Health Information Exchange and Technology Act, or any
13		subsequent amendments thereto, and any administrative rules
14		adopted thereunder; (ii) has established a data sharing
15		arrangement with the Authority; or (iii) as of August 16, 2013,
16		was designated by the Authority Board as a member of, or was
17		represented on, the Authority Board's Regional Health
18		Information Exchange Workgroup; provided that such designation
19		shall not require the establishment of a data sharing
20		arrangement or other participation with the Illinois Health
21		Information Exchange or the payment of any fee. In certain
22		circumstances, in accordance with HIPAA, an HIE will be a
23		business associate.
24		(m) "Health oversight agency" has the meaning ascribed to
25		it under HIPAA, as specified in 45 CFR 164.501.
26		(n) "HIPAA" means the Health Insurance Portability and

HB5540 Enrolled - 1023 - LRB099 16003 AMC 40320 b
1		Accountability Act of 1996, Public Law 104-191, as amended by
2		the Health Information Technology for Economic and Clinical
3		Health Act of 2009, Public Law 111-05, and any subsequent
4		amendments thereto and any regulations promulgated thereunder.
5		(o) "HIV" means the human immunodeficiency virus.
6		(p) "HIV-related information" means the identity of a
7		person upon whom an HIV test is performed, the results of an
8		HIV test, as well as diagnosis, treatment, and prescription
9		information that reveals a patient is HIV-positive, including
10		such information contained in a limited data set. "HIV-related
11		information" does not include information that has been
12		de-identified in accordance with HIPAA.
13		(q) "Informed consent" means:
14		(1) where a health care provider, health care
15		professional, or health facility has implemented opt-in
16		testing, a process by which an individual or their legal
17		representative receives pre-test information, has an
18		opportunity to ask questions, and consents verbally or in
19		writing to the test without undue inducement or any element
20		of force, fraud, deceit, duress, or other form of
21		constraint or coercion; or
22		(2) where a health care provider, health care
23		professional, or health facility has implemented opt-out
24		testing, the individual or their legal representative has
25		been notified verbally or in writing that the test is
26		planned, has received pre-test information, has been given

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1		the opportunity to ask questions and the opportunity to
2		decline testing, and has not declined testing; where such
3		notice is provided, consent for opt-out HIV testing may be
4		incorporated into the patient's general consent for
5		medical care on the same basis as are other screening or
6		diagnostic tests; a separate consent for opt-out HIV
7		testing is not required.
8		In addition, where the person providing informed consent is
9		a participant in an HIE, informed consent requires a fair
10		explanation that the results of the patient's HIV test will be
11		accessible through an HIE and meaningful disclosure of the
12		patient's opt-out right under Section 9.6 of this Act.
13		A health care provider, health care professional, or health
14		facility undertaking an informed consent process for HIV
15		testing under this subsection may combine a form used to obtain
16		informed consent for HIV testing with forms used to obtain
17		written consent for general medical care or any other medical
18		test or procedure, provided that the forms make it clear that
19		the subject may consent to general medical care, tests, or
20		procedures without being required to consent to HIV testing,
21		and clearly explain how the subject may decline HIV testing.
22		Health facility clerical staff or other staff responsible for
23		the consent form for general medical care may obtain consent
24		for HIV testing through a general consent form.
25		(r) "Limited data set" has the meaning ascribed to it under
26		HIPAA, as described in 45 CFR 164.514(e)(2).

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1		(s) "Minimum necessary" means the HIPAA standard for using,
2		disclosing, and requesting protected health information found
3		in 45 CFR 164.502(b) and 164.514(d).
4		(s-1) "Opt-in testing" means an approach where an HIV test
5		is presented by offering the test and the patient accepts or
6		declines testing.
7		(s-3) "Opt-out testing" means an approach where an HIV test
8		is presented such that a patient is notified that HIV testing
9		may occur unless the patient declines.
10		(t) "Organized health care arrangement" has the meaning
11		ascribed to it under HIPAA, as specified in 45 CFR 160.103.
12		(u) "Patient safety activities" has the meaning ascribed to
13		it under 42 CFR 3.20.
14		(v) "Payment" has the meaning ascribed to it under HIPAA,
15		as specified in 45 CFR 164.501.
16		(w) "Person" includes any natural person, partnership,
17		association, joint venture, trust, governmental entity, public
18		or private corporation, health facility, or other legal entity.
19		(w-5) "Pre-test information" means:
20		(1) a reasonable explanation of the test, including its
21		purpose, potential uses, limitations, and the meaning of
22		its results; and
23		(2) a reasonable explanation of the procedures to be
24		followed, including the voluntary nature of the test, the
25		availability of a qualified person to answer questions, the
26		right to withdraw consent to the testing process at any

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1		time, the right to anonymity to the extent provided by law
2		with respect to participation in the test and disclosure of
3		test results, and the right to confidential treatment of
4		information identifying the subject of the test and the
5		results of the test, to the extent provided by law.
6		Pre-test information may be provided in writing, verbally,
7		or by video, electronic, or other means and may be provided as
8		designated by the supervising health care professional or the
9		health facility.
10		For the purposes of this definition, a qualified person to
11		answer questions is a health care professional or, when acting
12		under the supervision of a health care professional, a
13		registered nurse, medical assistant, or other person
14		determined to be sufficiently knowledgeable about HIV testing,
15		its purpose, potential uses, limitations, the meaning of the
16		test results, and the testing procedures in the professional
17		judgment of a supervising health care professional or as
18		designated by a health care facility.
19		(x) "Protected health information" has the meaning
20		ascribed to it under HIPAA, as specified in 45 CFR 160.103.
21		(y) "Research" has the meaning ascribed to it under HIPAA,
22		as specified in 45 CFR 164.501.
23		(z) "State agency" means an instrumentality of the State of
24		Illinois and any instrumentality of another state that,
25		pursuant to applicable law or a written undertaking with an
26		instrumentality of the State of Illinois, is bound to protect

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1		the privacy of HIV-related information of Illinois persons.
2		(aa) "Test" or "HIV test" means a test to determine the
3		presence of the antibody or antigen to HIV, or of HIV
4		infection.
5		(bb) "Treatment" has the meaning ascribed to it under
6		HIPAA, as specified in 45 CFR 164.501.
7		(cc) "Use" has the meaning ascribed to it under HIPAA, as
8		specified in 45 CFR 160.103, where context dictates.
9		(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15; 99-54,
10		eff. 1-1-16; 99-173, eff. 7-29-15; revised 10-16-15.)
11		Section 445. The Illinois Sexually Transmissible Disease
12		Control Act is amended by changing Section 5.5 as follows:
13		(410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
14		Sec. 5.5. Risk assessment.
15		(a) Whenever the Department receives a report of HIV
16		infection or AIDS pursuant to this Act and the Department
17		determines that the subject of the report may present or may
18		have presented a possible risk of HIV transmission, the
19		Department shall, when medically appropriate, investigate the
20		subject of the report and that person's contacts as defined in
21		subsection (c), to assess the potential risks of transmission.
22		Any investigation and action shall be conducted in a timely
23		fashion. All contacts other than those defined in subsection
24		(c) shall be investigated in accordance with Section 5 of this

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1		Act.
2		(b) If the Department determines that there is or may have
3		been potential risks of HIV transmission from the subject of
4		the report to other persons, the Department shall afford the
5		subject the opportunity to submit any information and comment
6		on proposed actions the Department intends to take with respect
7		to the subject's contacts who are at potential risk of
8		transmission of HIV prior to notification of the subject's
9		contacts. The Department shall also afford the subject of the
10		report the opportunity to notify the subject's contacts in a
11		timely fashion who are at potential risk of transmission of HIV
12		prior to the Department taking any steps to notify such
13		contacts. If the subject declines to notify such contacts or if
14		the Department determines the notices to be inadequate or
15		incomplete, the Department shall endeavor to notify such other
16		persons of the potential risk, and offer testing and counseling
17		services to these individuals. When the contacts are notified,
18		they shall be informed of the disclosure provisions of the AIDS
19		Confidentiality Act and the penalties therein and this Section.
20		(c) Contacts investigated under this Section shall in the
21		case of HIV infection include (i) individuals who have
22		undergone invasive procedures performed by an HIV infected
23		health care provider and (ii) health care providers who have
24		performed invasive procedures for persons infected with HIV,
25		provided the Department has determined that there is or may
26		have been potential risk of HIV transmission from the health

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1		care provider to those individuals or from infected persons to
2		health care providers. The Department shall have access to the
3		subject's records to review for the identity of contacts. The
4		subject's records shall not be copied or seized by the
5		Department.
6		For purposes of this subsection, the term "invasive
7		procedures" means those procedures termed invasive by the
8		Centers for Disease Control in current guidelines or
9		recommendations for the prevention of HIV transmission in
10		health care settings, and the term "health care provider" means
11		any physician, dentist, podiatric physician, advanced practice
12		nurse, physician assistant, nurse, or other person providing
13		health care services of any kind.
14		(d) All information and records held by the Department and
15		local health authorities pertaining to activities conducted
16		pursuant to this Section shall be strictly confidential and
17		exempt from copying and inspection under the Freedom of
18		Information Act. Such information and records shall not be
19		released or made public by the Department or local health
20		authorities, and shall not be admissible as evidence, nor
21		discoverable in any action of any kind in any court or before
22		any tribunal, board, agency or person and shall be treated in
23		the same manner as the information and those records subject to
24		the provisions of Part 21 of Article VIII of the Code of Civil
25		Procedure except under the following circumstances:
26		(1) When made with the written consent of all persons

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1		to whom this information pertains;
2		(2) When authorized under Section 8 to be released
3		under court order or subpoena pursuant to Section 12-5.01
4		or 12-16.2 of the Criminal Code of 1961 or the Criminal
5		Code of 2012; or
6		(3) When made by the Department for the purpose of
7		seeking a warrant authorized by Sections 6 and 7 of this
8		Act. Such disclosure shall conform to the requirements of
9		subsection (a) of Section 8 of this Act.
10		(e) Any person who knowingly or maliciously disseminates
11		any information or report concerning the existence of any
12		disease under this Section is guilty of a Class A misdemeanor.
13		(Source: P.A. 97-1150, eff. 1-25-13; 98-214, eff. 8-9-13;
14		98-756, eff. 7-16-14; revised 10-15-15.)
15		Section 450. The Food Handling Regulation Enforcement Act
16		is amended by changing Section 3.3 as follows:
17		(410 ILCS 625/3.3)
18		Sec. 3.3. Farmers' markets.
19		(a) The General Assembly finds as follows:
20		(1) Farmers' markets, as defined in subsection (b) of
21		this Section, provide not only a valuable marketplace for
22		farmers and food artisans to sell their products directly
23		to consumers, but also a place for consumers to access
24		fresh fruits, vegetables, and other agricultural products.

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1		(2) Farmers' markets serve as a stimulator for local
2		economies and for thousands of new businesses every year,
3		allowing farmers to sell directly to consumers and capture
4		the full retail value of their products. They have become
5		important community institutions and have figured in the
6		revitalization of downtown districts and rural
7		communities.
8		(3) Since 1999, the number of farmers' markets has
9		tripled and new ones are being established every year.
10		There is a lack of consistent regulation from one county to
11		the next, resulting in confusion and discrepancies between
12		counties regarding how products may be sold.
13		(4) In 1999, the Department of Public Health published
14		Technical Information Bulletin/Food #30 in order to
15		outline the food handling and sanitation guidelines
16		required for farmers' markets, producer markets, and other
17		outdoor food sales events.
18		(5) While this bulletin was revised in 2010, there
19		continues to be inconsistencies, confusion, and lack of
20		awareness by consumers, farmers, markets, and local health
21		authorities of required guidelines affecting farmers'
22		markets from county to county.
23		(b) For the purposes of this Section:
24		"Department" means the Department of Public Health.
25		"Director" means the Director of Public Health.
26		"Farmers' market" means a common facility or area where the

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1		primary purpose is for farmers to gather to sell a variety of
2		fresh fruits and vegetables and other locally produced farm and
3		food products directly to consumers.
4		(c) In order to facilitate the orderly and uniform
5		statewide implementation of the standards established in the
6		Department of Public Health's administrative rules for this
7		Section, the Farmers' Market Task Force shall be formed by the
8		Director to assist the Department in implementing statewide
9		administrative regulations for farmers' markets.
10		(d) This Section does not intend and shall not be construed
11		to limit the power of counties, municipalities, and other local
12		government units to regulate farmers' markets for the
13		protection of the public health, safety, morals, and welfare,
14		including, but not limited to, licensing requirements and time,
15		place, and manner restrictions. This Section provides for a
16		statewide scheme for the orderly and consistent interpretation
17		of the Department of Public Health administrative rules
18		pertaining to the safety of food and food products sold at
19		farmers' markets.
20		(e) The Farmers' Market Task Force shall consist of at
21		least 24 members appointed within 60 days after August 16, 2011
22		(the effective date of this Section). Task Force members shall
23		consist of:
24		(1) one person appointed by the President of the
25		Senate;
26		(2) one person appointed by the Minority Leader of the

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1		Senate;
2		(3) one person appointed by the Speaker of the House of
3		Representatives;
4		(4) one person appointed by the Minority Leader of the
5		House of Representatives;
6		(5) the Director of Public Health or his or her
7		designee;
8		(6) the Director of Agriculture or his or her designee;
9		(7) a representative of a general agricultural
10		production association appointed by the Department of
11		Agriculture;
12		(8) three representatives of local county public
13		health departments appointed by the Director and selected
14		from 3 different counties representing each of the
15		northern, central, and southern portions of this State;
16		(9) four members of the general public who are engaged
17		in local farmers' markets appointed by the Director of
18		Agriculture;
19		(10) a representative of an association representing
20		public health administrators appointed by the Director;
21		(11) a representative of an organization of public
22		health departments that serve the City of Chicago and the
23		counties of Cook, DuPage, Kane, Kendall, Lake, McHenry,
24		Will, and Winnebago appointed by the Director;
25		(12) a representative of a general public health
26		association appointed by the Director;

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1		(13) the Director of Commerce and Economic Opportunity
2		or his or her designee;
3		(14) the Lieutenant Governor or his or her designee;
4		and
5		(15) five farmers who sell their farm products at
6		farmers' markets appointed by the Lieutenant Governor or
7		his or her designee.
8		Task Force members' terms shall be for a period of 2 years,
9		with ongoing appointments made according to the provisions of
10		this Section.
11		(f) The Task Force shall be convened by the Director or his
12		or her designee. Members shall elect a Task Force Chair and
13		Co-Chair.
14		(g) Meetings may be held via conference call, in person, or
15		both. Three members of the Task Force may call a meeting as
16		long as a 5-working-day notification is sent via mail, e-mail,
17		or telephone call to each member of the Task Force.
18		(h) Members of the Task Force shall serve without
19		compensation.
20		(i) The Task Force shall undertake a comprehensive and
21		thorough review of the current Statutes and administrative
22		rules that define which products and practices are permitted
23		and which products and practices are not permitted at farmers'
24		markets and to assist the Department in developing statewide
25		administrative regulations for farmers' markets.
26		(j) The Task Force shall advise the Department regarding

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1		the content of any administrative rules adopted under this
2		Section and Sections 3.4, 3.5, and 4 of this Act Section prior
3		to adoption of the rules. Any administrative rules, except
4		emergency rules adopted pursuant to Section 5-45 of the
5		Illinois Administrative Procedure Act, adopted under this
6		Section without obtaining the advice of the Task Force are null
7		and void. If the Department fails to follow the advice of the
8		Task Force, the Department shall, prior to adopting the rules,
9		transmit a written explanation to the Task Force. If the Task
10		Force, having been asked for its advice, fails to advise the
11		Department within 90 days after receiving the rules for review,
12		the rules shall be considered to have been approved by the Task
13		Force.
14		(k) The Department of Public Health shall provide staffing
15		support to the Task Force and shall help to prepare, print, and
16		distribute all reports deemed necessary by the Task Force.
17		(l) The Task Force may request assistance from any entity
18		necessary or useful for the performance of its duties. The Task
19		Force shall issue a report annually to the Secretary of the
20		Senate and the Clerk of the House.
21		(m) The following provisions shall apply concerning
22		statewide farmers' market food safety guidelines:
23		(1) The Director, in accordance with this Section,
24		shall adopt administrative rules (as provided by the
25		Illinois Administrative Procedure Act) for foods found at
26		farmers' markets.

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1		(2) The rules and regulations described in this Section
2		shall be consistently enforced by local health authorities
3		throughout the State.
4		(2.5) Notwithstanding any other provision of law
5		except as provided in this Section, local public health
6		departments and all other units of local government are
7		prohibited from creating sanitation guidelines, rules, or
8		regulations for farmers' markets that are more stringent
9		than those farmers' market sanitation regulations
10		contained in the administrative rules adopted by the
11		Department for the purposes of implementing this Section
12		and Sections 3.4, 3.5, and 4 of this Act. Except as
13		provided for in Sections 3.4 and 4 of this Act, this
14		Section does not intend and shall not be construed to limit
15		the power of local health departments and other government
16		units from requiring licensing and permits for the sale of
17		commercial food products, processed food products,
18		prepared foods, and potentially hazardous foods at
19		farmers' markets or conducting related inspections and
20		enforcement activities, so long as those permits and
21		licenses do not include unreasonable fees or sanitation
22		provisions and rules that are more stringent than those
23		laid out in the administrative rules adopted by the
24		Department for the purposes of implementing this Section
25		and Sections 3.4, 3.5, and 4 of this Act.
26		(3) In the case of alleged non-compliance with the

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1		provisions described in this Section, local health
2		departments shall issue written notices to vendors and
3		market managers of any noncompliance issues.
4		(4) Produce and food products coming within the scope
5		of the provisions of this Section shall include, but not be
6		limited to, raw agricultural products, including fresh
7		fruits and vegetables; popcorn, grains, seeds, beans, and
8		nuts that are whole, unprocessed, unpackaged, and
9		unsprouted; fresh herb springs and dried herbs in bunches;
10		baked goods sold at farmers' markets; cut fruits and
11		vegetables; milk and cheese products; ice cream; syrups;
12		wild and cultivated mushrooms; apple cider and other fruit
13		and vegetable juices; herb vinegar; garlic-in-oil;
14		flavored oils; pickles, relishes, salsas, and other canned
15		or jarred items; shell eggs; meat and poultry; fish;
16		ready-to-eat foods; commercially produced prepackaged food
17		products; and any additional items specified in the
18		administrative rules adopted by the Department to
19		implement Section 3.3 of this Act.
20		(n) Local health department regulatory guidelines may be
21		applied to foods not often found at farmers' markets, all other
22		food products not regulated by the Department of Agriculture
23		and the Department of Public Health, as well as live animals to
24		be sold at farmers' markets.
25		(o) The Task Force shall issue annual reports to the
26		Secretary of the Senate and the Clerk of the House with

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1		recommendations for the development of administrative rules as
2		specified. The first report shall be issued no later than
3		December 31, 2012.
4		(p) The Department of Public Health and the Department of
5		Agriculture, in conjunction with the Task Force, shall adopt
6		administrative rules necessary to implement, interpret, and
7		make specific the provisions of this Section, including, but
8		not limited to, rules concerning labels, sanitation, and food
9		product safety according to the realms of their jurisdiction in
10		accordance with subsection (j) of this Section.
11		(q) The Department and the Task Force shall work together
12		to create a food sampling training and license program as
13		specified in Section 3.4 of this Act.
14		(Source: P.A. 98-660, eff. 6-23-14; 99-9, eff. 7-10-15; 99-191,
15		eff. 1-1-16; revised 10-30-15.)
16		Section 455. The Environmental Protection Act is amended by
17		changing Sections 3.330, 22.55, and 39 as follows:
18		(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
19		Sec. 3.330. Pollution control facility.
20		(a) "Pollution control facility" is any waste storage site,
21		sanitary landfill, waste disposal site, waste transfer
22		station, waste treatment facility, or waste incinerator. This
23		includes sewers, sewage treatment plants, and any other
24		facilities owned or operated by sanitary districts organized

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1		under the Metropolitan Water Reclamation District Act.
2		The following are not pollution control facilities:
3		(1) (blank);
4		(2) waste storage sites regulated under 40 CFR, Part
5		761.42;
6		(3) sites or facilities used by any person conducting a
7		waste storage, waste treatment, waste disposal, waste
8		transfer or waste incineration operation, or a combination
9		thereof, for wastes generated by such person's own
10		activities, when such wastes are stored, treated, disposed
11		of, transferred or incinerated within the site or facility
12		owned, controlled or operated by such person, or when such
13		wastes are transported within or between sites or
14		facilities owned, controlled or operated by such person;
15		(4) sites or facilities at which the State is
16		performing removal or remedial action pursuant to Section
17		22.2 or 55.3;
18		(5) abandoned quarries used solely for the disposal of
19		concrete, earth materials, gravel, or aggregate debris
20		resulting from road construction activities conducted by a
21		unit of government or construction activities due to the
22		construction and installation of underground pipes, lines,
23		conduit or wires off of the premises of a public utility
24		company which are conducted by a public utility;
25		(6) sites or facilities used by any person to
26		specifically conduct a landscape composting operation;

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1		(7) regional facilities as defined in the Central
2		Midwest Interstate Low-Level Radioactive Waste Compact;
3		(8) the portion of a site or facility where coal
4		combustion wastes are stored or disposed of in accordance
5		with subdivision (r)(2) or (r)(3) of Section 21;
6		(9) the portion of a site or facility used for the
7		collection, storage or processing of waste tires as defined
8		in Title XIV;
9		(10) the portion of a site or facility used for
10		treatment of petroleum contaminated materials by
11		application onto or incorporation into the soil surface and
12		any portion of that site or facility used for storage of
13		petroleum contaminated materials before treatment. Only
14		those categories of petroleum listed in Section 57.9(a)(3)
15		are exempt under this subdivision (10);
16		(11) the portion of a site or facility where used oil
17		is collected or stored prior to shipment to a recycling or
18		energy recovery facility, provided that the used oil is
19		generated by households or commercial establishments, and
20		the site or facility is a recycling center or a business
21		where oil or gasoline is sold at retail;
22		(11.5) processing sites or facilities that receive
23		only on-specification used oil, as defined in 35 Ill.
24		Admin. Code 739, originating from used oil collectors for
25		processing that is managed under 35 Ill. Admin. Code 739 to
26		produce products for sale to off-site petroleum

HB5540 Enrolled - 1041 - LRB099 16003 AMC 40320 b
1		facilities, if these processing sites or facilities are:
2		(i) located within a home rule unit of local government
3		with a population of at least 30,000 according to the 2000
4		federal census, that home rule unit of local government has
5		been designated as an Urban Round II Empowerment Zone by
6		the United States Department of Housing and Urban
7		Development, and that home rule unit of local government
8		has enacted an ordinance approving the location of the site
9		or facility and provided funding for the site or facility;
10		and (ii) in compliance with all applicable zoning
11		requirements;
12		(12) the portion of a site or facility utilizing coal
13		combustion waste for stabilization and treatment of only
14		waste generated on that site or facility when used in
15		connection with response actions pursuant to the federal
16		Comprehensive Environmental Response, Compensation, and
17		Liability Act of 1980, the federal Resource Conservation
18		and Recovery Act of 1976, or the Illinois Environmental
19		Protection Act or as authorized by the Agency;
20		(13) the portion of a site or facility that accepts
21		exclusively general construction or demolition debris and
22		is operated and located in accordance with Section 22.38 of
23		this Act;
24		(14) the portion of a site or facility, located within
25		a unit of local government that has enacted local zoning
26		requirements, used to accept, separate, and process

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1		uncontaminated broken concrete, with or without protruding
2		metal bars, provided that the uncontaminated broken
3		concrete and metal bars are not speculatively accumulated,
4		are at the site or facility no longer than one year after
5		their acceptance, and are returned to the economic
6		mainstream in the form of raw materials or products;
7		(15) the portion of a site or facility located in a
8		county with a population over 3,000,000 that has obtained
9		local siting approval under Section 39.2 of this Act for a
10		municipal waste incinerator on or before July 1, 2005 and
11		that is used for a non-hazardous waste transfer station;
12		(16) a site or facility that temporarily holds in
13		transit for 10 days or less, non-putrescible solid waste in
14		original containers, no larger in capacity than 500
15		gallons, provided that such waste is further transferred to
16		a recycling, disposal, treatment, or storage facility on a
17		non-contiguous site and provided such site or facility
18		complies with the applicable 10-day transfer requirements
19		of the federal Resource Conservation and Recovery Act of
20		1976 and United States Department of Transportation
21		hazardous material requirements. For purposes of this
22		Section only, "non-putrescible solid waste" means waste
23		other than municipal garbage that does not rot or become
24		putrid, including, but not limited to, paints, solvent,
25		filters, and absorbents;
26		(17) the portion of a site or facility located in a

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1		county with a population greater than 3,000,000 that has
2		obtained local siting approval, under Section 39.2 of this
3		Act, for a municipal waste incinerator on or before July 1,
4		2005 and that is used for wood combustion facilities for
5		energy recovery that accept and burn only wood material, as
6		included in a fuel specification approved by the Agency;
7		(18) a transfer station used exclusively for landscape
8		waste, including a transfer station where landscape waste
9		is ground to reduce its volume, where the landscape waste
10		is held no longer than 24 hours from the time it was
11		received;
12		(19) the portion of a site or facility that (i) is used
13		for the composting of food scrap, livestock waste, crop
14		residue, uncontaminated wood waste, or paper waste,
15		including, but not limited to, corrugated paper or
16		cardboard, and (ii) meets all of the following
17		requirements:
18		(A) There must not be more than a total of 30,000
19		cubic yards of livestock waste in raw form or in the
20		process of being composted at the site or facility at
21		any one time.
22		(B) All food scrap, livestock waste, crop residue,
23		uncontaminated wood waste, and paper waste must, by the
24		end of each operating day, be processed and placed into
25		an enclosed vessel in which air flow and temperature
26		are controlled, or all of the following additional

HB5540 Enrolled - 1044 - LRB099 16003 AMC 40320 b
1		requirements must be met:
2		(i) The portion of the site or facility used
3		for the composting operation must include a
4		setback of at least 200 feet from the nearest
5		potable water supply well.
6		(ii) The portion of the site or facility used
7		for the composting operation must be located
8		outside the boundary of the 10-year floodplain or
9		floodproofed.
10		(iii) Except in municipalities with more than
11		1,000,000 inhabitants, the portion of the site or
12		facility used for the composting operation must be
13		located at least one-eighth of a mile from the
14		nearest residence, other than a residence located
15		on the same property as the site or facility.
16		(iv) The portion of the site or facility used
17		for the composting operation must be located at
18		least one-eighth of a mile from the property line
19		of all of the following areas:
20		(I) Facilities that primarily serve to
21		house or treat people that are
22		immunocompromised or immunosuppressed, such as
23		cancer or AIDS patients; people with asthma,
24		cystic fibrosis, or bioaerosol allergies; or
25		children under the age of one year.
26		(II) Primary and secondary schools and

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1		adjacent areas that the schools use for
2		recreation.
3		(III) Any facility for child care licensed
4		under Section 3 of the Child Care Act of 1969;
5		preschools; and adjacent areas that the
6		facilities or preschools use for recreation.
7		(v) By the end of each operating day, all food
8		scrap, livestock waste, crop residue,
9		uncontaminated wood waste, and paper waste must be
10		(i) processed into windrows or other piles and (ii)
11		covered in a manner that prevents scavenging by
12		birds and animals and that prevents other
13		nuisances.
14		(C) Food scrap, livestock waste, crop residue,
15		uncontaminated wood waste, paper waste, and compost
16		must not be placed within 5 feet of the water table.
17		(D) The site or facility must meet all of the
18		requirements of the Wild and Scenic Rivers Act (16
19		U.S.C. 1271 et seq.).
20		(E) The site or facility must not (i) restrict the
21		flow of a 100-year flood, (ii) result in washout of
22		food scrap, livestock waste, crop residue,
23		uncontaminated wood waste, or paper waste from a
24		100-year flood, or (iii) reduce the temporary water
25		storage capacity of the 100-year floodplain, unless
26		measures are undertaken to provide alternative storage

HB5540 Enrolled - 1046 - LRB099 16003 AMC 40320 b
1		capacity, such as by providing lagoons, holding tanks,
2		or drainage around structures at the facility.
3		(F) The site or facility must not be located in any
4		area where it may pose a threat of harm or destruction
5		to the features for which:
6		(i) an irreplaceable historic or
7		archaeological site has been listed under the
8		National Historic Preservation Act (16 U.S.C. 470
9		et seq.) or the Illinois Historic Preservation
10		Act;
11		(ii) a natural landmark has been designated by
12		the National Park Service or the Illinois State
13		Historic Preservation Office; or
14		(iii) a natural area has been designated as a
15		Dedicated Illinois Nature Preserve under the
16		Illinois Natural Areas Preservation Act.
17		(G) The site or facility must not be located in an
18		area where it may jeopardize the continued existence of
19		any designated endangered species, result in the
20		destruction or adverse modification of the critical
21		habitat for such species, or cause or contribute to the
22		taking of any endangered or threatened species of
23		plant, fish, or wildlife listed under the Endangered
24		Species Act (16 U.S.C. 1531 et seq.) or the Illinois
25		Endangered Species Protection Act;
26		(20) the portion of a site or facility that is located

HB5540 Enrolled - 1047 - LRB099 16003 AMC 40320 b
1		entirely within a home rule unit having a population of no
2		less than 120,000 and no more than 135,000, according to
3		the 2000 federal census, and that meets all of the
4		following requirements:
5		(i) the portion of the site or facility is used
6		exclusively to perform testing of a thermochemical
7		conversion technology using only woody biomass,
8		collected as landscape waste within the boundaries of
9		the home rule unit, as the hydrocarbon feedstock for
10		the production of synthetic gas in accordance with
11		Section 39.9 of this Act;
12		(ii) the portion of the site or facility is in
13		compliance with all applicable zoning requirements;
14		and
15		(iii) a complete application for a demonstration
16		permit at the portion of the site or facility has been
17		submitted to the Agency in accordance with Section 39.9
18		of this Act within one year after July 27, 2010 (the
19		effective date of Public Act 96-1314);
20		(21) the portion of a site or facility used to perform
21		limited testing of a gasification conversion technology in
22		accordance with Section 39.8 of this Act and for which a
23		complete permit application has been submitted to the
24		Agency prior to one year from April 9, 2010 (the effective
25		date of Public Act 96-887);
26		(22) the portion of a site or facility that is used to

HB5540 Enrolled - 1048 - LRB099 16003 AMC 40320 b
1		incinerate only pharmaceuticals from residential sources
2		that are collected and transported by law enforcement
3		agencies under Section 17.9A of this Act;
4		(23) the portion of a site or facility:
5		(A) that is used exclusively for the transfer of
6		commingled landscape waste and food scrap held at the
7		site or facility for no longer than 24 hours after
8		their receipt;
9		(B) that is located entirely within a home rule
10		unit having a population of either (i) not less than
11		100,000 and not more than 115,000 according to the 2010
12		federal census or (ii) not less than 5,000 and not more
13		than 10,000 according to the 2010 federal census or
14		that is located in the unincorporated area of a county
15		having a population of not less than 700,000 and not
16		more than 705,000 according to the 2010 federal census;
17		(C) that is permitted, by the Agency, prior to
18		January 1, 2002, for the transfer of landscape waste if
19		located in a home rule unit or that is permitted prior
20		to January 1, 2008 if located in an unincorporated area
21		of a county; and
22		(D) for which a permit application is submitted to
23		the Agency to modify an existing permit for the
24		transfer of landscape waste to also include, on a
25		demonstration basis not to exceed 24 months each time a
26		permit is issued, the transfer of commingled landscape

HB5540 Enrolled - 1049 - LRB099 16003 AMC 40320 b
1		waste and food scrap or for which a permit application
2		is submitted to the Agency within 6 months after
3		January 1, 2016; and
4		(24) the portion of a municipal solid waste landfill
5		unit:
6		(A) that is located in a county having a population
7		of not less than 55,000 and not more than 60,000
8		according to the 2010 federal census;
9		(B) that is owned by that county;
10		(C) that is permitted, by the Agency, prior to July
11		10, 2015 (the effective date of Public Act 99-12) this
12		amendatory Act of the 99th General Assembly; and
13		(D) for which a permit application is submitted to
14		the Agency within 6 months after July 10, 2015 (the
15		effective date of Public Act 99-12) this amendatory Act
16		of the 99th General Assembly for the disposal of
17		non-hazardous special waste.
18		(b) A new pollution control facility is:
19		(1) a pollution control facility initially permitted
20		for development or construction after July 1, 1981; or
21		(2) the area of expansion beyond the boundary of a
22		currently permitted pollution control facility; or
23		(3) a permitted pollution control facility requesting
24		approval to store, dispose of, transfer or incinerate, for
25		the first time, any special or hazardous waste.
26		(Source: P.A. 98-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756,

HB5540 Enrolled - 1050 - LRB099 16003 AMC 40320 b
1		eff. 7-16-14; 98-1130, eff. 1-1-15; 99-12, eff. 7-10-15;
2		99-440, eff. 8-21-15; revised 10-20-15.)
3		(415 ILCS 5/22.55)
4		Sec. 22.55. Household Waste Drop-off Points.
5		(a) Findings; Purpose and Intent.
6		(1) The General Assembly finds that protection of human
7		health and the environment can be enhanced if certain
8		commonly generated household wastes are managed separately
9		from the general household waste stream.
10		(2) The purpose of this Section is to provide, to the
11		extent allowed under federal law, a method for managing
12		certain types of household waste separately from the
13		general household waste stream.
14		(b) Definitions. For the purposes of this Section:
15		"Compostable waste" means household waste that is
16		source-separated food scrap, household waste that is
17		source-separated landscape waste, or a mixture of both.
18		"Controlled substance" means a controlled substance as
19		defined in the Illinois Controlled Substances Act.
20		"Household waste" means waste generated from a single
21		residence or multiple residences.
22		"Household waste drop-off point" means the portion of a
23		site or facility used solely for the receipt and temporary
24		storage of household waste.
25		"One-day compostable waste collection event" means a

HB5540 Enrolled - 1051 - LRB099 16003 AMC 40320 b
1		household waste drop-off point approved by a county or
2		municipality under subsection (d-5) of this Section.
3		"One-day household waste collection event" means a
4		household waste drop-off point approved by the Agency under
5		subsection (d) of this Section.
6		"Permanent compostable waste collection point" means a
7		household waste drop-off point approved by a county or
8		municipality under subsection (d-6) of this Section.
9		"Personal care product" means an item other than a
10		pharmaceutical product that is consumed or applied by an
11		individual for personal health, hygiene, or cosmetic
12		reasons. Personal care products include, but are not
13		limited to, items used in bathing, dressing, or grooming.
14		"Pharmaceutical product" means medicine or a product
15		containing medicine. A pharmaceutical product may be sold
16		by prescription or over the counter. "Pharmaceutical
17		product" does not include medicine that contains a
18		radioactive component or a product that contains a
19		radioactive component.
20		"Recycling coordinator" means the person designated by
21		each county waste management plan to administer the county
22		recycling program, as set forth in the Solid Waste
23		Management Act.
24		(c) Except as otherwise provided in Agency rules, the
25		following requirements apply to each household waste drop-off
26		point, other than a one-day household waste collection event,

HB5540 Enrolled - 1052 - LRB099 16003 AMC 40320 b
1		one-day compostable waste collection event, or permanent
2		compostable waste collection point:
3		(1) A household waste drop-off point must not accept
4		waste other than the following types of household waste:
5		pharmaceutical products, personal care products, batteries
6		other than lead-acid batteries, paints, automotive fluids,
7		compact fluorescent lightbulbs, mercury thermometers, and
8		mercury thermostats. A household waste drop-off point may
9		accept controlled substances in accordance with federal
10		law.
11		(2) Except as provided in subdivision (c)(2) of this
12		Section, household waste drop-off points must be located at
13		a site or facility where the types of products accepted at
14		the household waste drop-off point are lawfully sold,
15		distributed, or dispensed. For example, household waste
16		drop-off points that accept prescription pharmaceutical
17		products must be located at a site or facility where
18		prescription pharmaceutical products are sold,
19		distributed, or dispensed.
20		(A) Subdivision (c)(2) of this Section does not
21		apply to household waste drop-off points operated by a
22		government or school entity, or by an association or
23		other organization of government or school entities.
24		(B) Household waste drop-off points that accept
25		mercury thermometers can be located at any site or
26		facility where non-mercury thermometers are sold,

HB5540 Enrolled - 1053 - LRB099 16003 AMC 40320 b
1		distributed, or dispensed.
2		(C) Household waste drop-off points that accept
3		mercury thermostats can be located at any site or
4		facility where non-mercury thermostats are sold,
5		distributed, or dispensed.
6		(3) The location of acceptance for each type of waste
7		accepted at the household waste drop-off point must be
8		clearly identified. Locations where pharmaceutical
9		products are accepted must also include a copy of the sign
10		required under subsection (j) of this Section.
11		(4) Household waste must be accepted only from private
12		individuals. Waste must not be accepted from other persons,
13		including, but not limited to, owners and operators of
14		rented or leased residences where the household waste was
15		generated, commercial haulers, and other commercial,
16		industrial, agricultural, and government operations or
17		entities.
18		(5) If more than one type of household waste is
19		accepted, each type of household waste must be managed
20		separately prior to its packaging for off-site transfer.
21		(6) Household waste must not be stored for longer than
22		90 days after its receipt, except as otherwise approved by
23		the Agency in writing.
24		(7) Household waste must be managed in a manner that
25		protects against releases of the waste, prevents
26		nuisances, and otherwise protects human health and the

HB5540 Enrolled - 1054 - LRB099 16003 AMC 40320 b
1		environment. Household waste must also be properly secured
2		to prevent unauthorized public access to the waste,
3		including, but not limited to, preventing access to the
4		waste during the non-business hours of the site or facility
5		on which the household waste drop-off point is located.
6		Containers in which pharmaceutical products are collected
7		must be clearly marked "No Controlled Substances", unless
8		the household waste drop-off point accepts controlled
9		substances in accordance with federal law.
10		(8) Management of the household waste must be limited
11		to the following: (i) acceptance of the waste, (ii)
12		temporary storage of the waste prior to transfer, and (iii)
13		off-site transfer of the waste and packaging for off-site
14		transfer.
15		(9) Off-site transfer of the household waste must
16		comply with federal and State laws and regulations.
17		(d) One-day household waste collection events. To further
18		aid in the collection of certain household wastes, the Agency
19		may approve the operation of one-day household waste collection
20		events. The Agency shall not approve a one-day household waste
21		collection event at the same site or facility for more than one
22		day each calendar quarter. Requests for approval must be
23		submitted on forms prescribed by the Agency. The Agency must
24		issue its approval in writing, and it may impose conditions as
25		necessary to protect human health and the environment and to
26		otherwise accomplish the purposes of this Act. One-day

HB5540 Enrolled - 1055 - LRB099 16003 AMC 40320 b
1		household waste collection events must be operated in
2		accordance with the Agency's approval, including all
3		conditions contained in the approval. The following
4		requirements apply to all one-day household waste collection
5		events, in addition to the conditions contained in the Agency's
6		approval:
7		(1) Waste accepted at the event must be limited to
8		household waste and must not include garbage, landscape
9		waste, or other waste excluded by the Agency in the
10		Agency's approval or any conditions contained in the
11		approval. A one-day household waste collection event may
12		accept controlled substances in accordance with federal
13		law.
14		(2) Household waste must be accepted only from private
15		individuals. Waste must not be accepted from other persons,
16		including, but not limited to, owners and operators of
17		rented or leased residences where the household waste was
18		generated, commercial haulers, and other commercial,
19		industrial, agricultural, and government operations or
20		entities.
21		(3) Household waste must be managed in a manner that
22		protects against releases of the waste, prevents
23		nuisances, and otherwise protects human health and the
24		environment. Household waste must also be properly secured
25		to prevent public access to the waste, including, but not
26		limited to, preventing access to the waste during the

HB5540 Enrolled - 1056 - LRB099 16003 AMC 40320 b
1		event's non-business hours.
2		(4) Management of the household waste must be limited
3		to the following: (i) acceptance of the waste, (ii)
4		temporary storage of the waste before transfer, and (iii)
5		off-site transfer of the waste or packaging for off-site
6		transfer.
7		(5) Except as otherwise approved by the Agency, all
8		household waste received at the collection event must be
9		transferred off-site by the end of the day following the
10		collection event.
11		(6) The transfer and ultimate disposition of household
12		waste received at the collection event must comply with the
13		Agency's approval, including all conditions contained in
14		the approval.
15		(d-5) One-day compostable waste collection event. To
16		further aid in the collection and composting of compostable
17		waste, as defined in subsection (b), a municipality may approve
18		the operation of one-day compostable waste collection events at
19		any site or facility within its territorial jurisdiction, and a
20		county may approve the operation of one-day compostable waste
21		collection events at any site or facility in any unincorporated
22		area within its territorial jurisdiction. The approval granted
23		under this subsection (d-5) must be in writing; must specify
24		the date, location, and time of the event; and must list the
25		types of compostable waste that will be collected at the event.
26		If the one-day compostable waste collection event is to be

HB5540 Enrolled - 1057 - LRB099 16003 AMC 40320 b
1		operated at a location within a county with a population of
2		more than 400,000 but less than 2,000,000 inhabitants,
3		according to the 2010 decennial census, then the operator of
4		the event shall, at least 30 days before the event, provide a
5		copy of the approval to the recycling coordinator designated by
6		that county. The approval granted under this subsection (d-5)
7		may include conditions imposed by the county or municipality as
8		necessary to protect public health and prevent odors, vectors,
9		and other nuisances. A one-day compostable waste collection
10		event approved under this subsection (d-5) must be operated in
11		accordance with the approval, including all conditions
12		contained in the approval. The following requirements shall
13		apply to the one-day compostable waste collection event, in
14		addition to the conditions contained in the approval:
15		(1) Waste accepted at the event must be limited to the
16		types of compostable waste authorized to be accepted under
17		the approval.
18		(2) Information promoting the event and signs at the
19		event must clearly indicate the types of compostable waste
20		approved for collection. To discourage the receipt of other
21		waste, information promoting the event and signs at the
22		event must also include:
23		(A) examples of compostable waste being collected;
24		and
25		(B) examples of waste that is not being collected.
26		(3) Compostable waste must be accepted only from

HB5540 Enrolled - 1058 - LRB099 16003 AMC 40320 b
1		private individuals. It may not be accepted from other
2		persons, including, but not limited to, owners and
3		operators of rented or leased residences where it was
4		generated, commercial haulers, and other commercial,
5		industrial, agricultural, and government operations or
6		entities.
7		(4) Compostable waste must be managed in a manner that
8		protects against releases of the waste, prevents
9		nuisances, and otherwise protects human health and the
10		environment. Compostable waste must be properly secured to
11		prevent it from being accessed by the public at any time,
12		including, but not limited to, during the collection
13		event's non-operating hours. One-day compostable waste
14		collection events must be adequately supervised during
15		their operating hours.
16		(5) Compostable waste must be secured in non-porous,
17		rigid, leak-proof containers that:
18		(A) are covered, except when the compostable waste
19		is being added to or removed from the containers or it
20		is otherwise necessary to access the compostable
21		waste;
22		(B) prevent precipitation from draining through
23		the compostable waste;
24		(C) prevent dispersion of the compostable waste by
25		wind;
26		(D) contain spills or releases that could create

HB5540 Enrolled - 1059 - LRB099 16003 AMC 40320 b
1		nuisances or otherwise harm human health or the
2		environment;
3		(E) limit access to the compostable waste by
4		vectors;
5		(F) control odors and other nuisances; and
6		(G) provide for storage, removal, and off-site
7		transfer of the compostable waste in a manner that
8		protects its ability to be composted.
9		(6) No more than a total of 40 cubic yards of
10		compostable waste shall be located at the collection site
11		at any one time.
12		(7) Management of the compostable waste must be limited
13		to the following: (A) acceptance, (B) temporary storage
14		before transfer, and (C) off-site transfer.
15		(8) All compostable waste received at the event must be
16		transferred off-site to a permitted compost facility by no
17		later than 48 hours after the event ends or by the end of
18		the first business day after the event ends, whichever is
19		sooner.
20		(9) If waste other than compostable waste is received
21		at the event, then that waste must be disposed of within 48
22		hours after the event ends or by the end of the first
23		business day after the event ends, whichever is sooner.
24		(d-6) Permanent compostable waste collection points. To
25		further aid in the collection and composting of compostable
26		waste, as defined in subsection (b), a municipality may approve

HB5540 Enrolled - 1060 - LRB099 16003 AMC 40320 b
1		the operation of permanent compostable waste collection points
2		at any site or facility within its territorial jurisdiction,
3		and a county may approve the operation of permanent compostable
4		waste collection points at any site or facility in any
5		unincorporated area within its territorial jurisdiction. The
6		approval granted pursuant to this subsection (d-6) must be in
7		writing; must specify the location, operating days, and
8		operating hours of the collection point; must list the types of
9		compostable waste that will be collected at the collection
10		point; and must specify a term of not more than 365 calendar
11		days during which the approval will be effective. In addition,
12		if the permanent compostable waste collection point is to be
13		operated at a location within a county with a population of
14		more than 400,000 but less than 2,000,000 inhabitants,
15		according to the 2010 federal decennial census, then the
16		operator of the collection point shall, at least 30 days before
17		the collection point begins operation, provide a copy of the
18		approval to the recycling coordinator designated by that
19		county. The approval may include conditions imposed by the
20		county or municipality as necessary to protect public health
21		and prevent odors, vectors, and other nuisances. A permanent
22		compostable waste collection point approved pursuant to this
23		subsection (d-6) must be operated in accordance with the
24		approval, including all conditions contained in the approval.
25		The following requirements apply to the permanent compostable
26		waste collection point, in addition to the conditions contained

HB5540 Enrolled - 1061 - LRB099 16003 AMC 40320 b
1		in the approval:
2		(1) Waste accepted at the collection point must be
3		limited to the types of compostable waste authorized to be
4		accepted under the approval.
5		(2) Information promoting the collection point and
6		signs at the collection point must clearly indicate the
7		types of compostable waste approved for collection. To
8		discourage the receipt of other waste, information
9		promoting the collection point and signs at the collection
10		point must also include (A) examples of compostable waste
11		being collected and (B) examples of waste that is not being
12		collected.
13		(3) Compostable waste must be accepted only from
14		private individuals. It may not be accepted from other
15		persons, including, but not limited to, owners and
16		operators of rented or leased residences where it was
17		generated, commercial haulers, and other commercial,
18		industrial, agricultural, and government operations or
19		entities.
20		(4) Compostable waste must be managed in a manner that
21		protects against releases of the waste, prevents
22		nuisances, and otherwise protects human health and the
23		environment. Compostable waste must be properly secured to
24		prevent it from being accessed by the public at any time,
25		including, but not limited to, during the collection
26		point's non-operating hours. Permanent compostable waste

HB5540 Enrolled - 1062 - LRB099 16003 AMC 40320 b
1		collection points must be adequately supervised during
2		their operating hours.
3		(5) Compostable waste must be secured in non-porous,
4		rigid, leak-proof containers that:
5		(A) are no larger than 10 cubic yards in size;
6		(B) are covered, except when the compostable waste
7		is being added to or removed from the container or it
8		is otherwise necessary to access the compostable
9		waste;
10		(C) prevent precipitation from draining through
11		the compostable waste;
12		(D) prevent dispersion of the compostable waste by
13		wind;
14		(E) contain spills or releases that could create
15		nuisances or otherwise harm human health or the
16		environment;
17		(F) limit access to the compostable waste by
18		vectors;
19		(G) control odors and other nuisances; and
20		(H) provide for storage, removal, and off-site
21		transfer of the compostable waste in a manner that
22		protects its ability to be composted.
23		(6) No more than a total of 10 cubic yards of
24		compostable waste shall be located at the permanent
25		compostable waste collection site at any one time.
26		(7) Management of the compostable waste must be limited

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1		to the following: (A) acceptance, (B) temporary storage
2		before transfer, and (C) off-site transfer.
3		(8) All compostable waste received at the permanent
4		compostable waste collection point must be transferred
5		off-site to a permitted compost facility not less
6		frequently than once every 7 days.
7		(9) If a permanent compostable waste collection point
8		receives waste other than compostable waste, then that
9		waste must be disposed of not less frequently than once
10		every 7 days.
11		(e) The Agency may adopt rules governing the operation of
12		household waste drop-off points, other than one-day household
13		waste collection events, one-day compostable waste collection
14		events, and permanent compostable waste collection points.
15		Those rules must be designed to protect against releases of
16		waste to the environment, prevent nuisances, and otherwise
17		protect human health and the environment. As necessary to
18		address different circumstances, the regulations may contain
19		different requirements for different types of household waste
20		and different types of household waste drop-off points, and the
21		regulations may modify the requirements set forth in subsection
22		(c) of this Section. The regulations may include, but are not
23		limited to, the following: (i) identification of additional
24		types of household waste that can be collected at household
25		waste drop-off points, (ii) identification of the different
26		types of household wastes that can be received at different

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1		household waste drop-off points, (iii) the maximum amounts of
2		each type of household waste that can be stored at household
3		waste drop-off points at any one time, and (iv) the maximum
4		time periods each type of household waste can be stored at
5		household waste drop-off points.
6		(f) Prohibitions.
7		(1) Except as authorized in a permit issued by the
8		Agency, no person shall cause or allow the operation of a
9		household waste drop-off point, other than a one-day
10		household waste collection event, one-day compostable
11		waste collection event, or permanent compostable waste
12		collection point, in violation of this Section or any
13		regulations adopted under this Section.
14		(2) No person shall cause or allow the operation of a
15		one-day household waste collection event in violation of
16		this Section or the Agency's approval issued under
17		subsection (d) of this Section, including all conditions
18		contained in the approval.
19		(3) No person shall cause or allow the operation of a
20		one-day compostable waste collection event in violation of
21		this Section or the approval issued for the one-day
22		compostable waste collection event under subsection (d-5)
23		of this Section, including all conditions contained in the
24		approval.
25		(4) No person shall cause or allow the operation of a
26		permanent compostable waste collection event in violation

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1		of this Section or the approval issued for the permanent
2		compostable waste collection point under subsection (d-6)
3		of this Section, including all conditions contained in the
4		approval.
5		(g) Permit exemptions.
6		(1) No permit is required under subdivision (d)(1) of
7		Section 21 of this Act for the operation of a household
8		waste drop-off point, other than a one-day household waste
9		collection event, one-day compostable waste collection
10		event, or permanent compostable waste collection point, if
11		the household waste drop-off point is operated in
12		accordance with this Section and all regulations adopted
13		under this Section.
14		(2) No permit is required under subdivision (d)(1) of
15		Section 21 of this Act for the operation of a one-day
16		household waste collection event if the event is operated
17		in accordance with this Section and the Agency's approval
18		issued under subsection (d) of this Section, including all
19		conditions contained in the approval, or for the operation
20		of a household waste collection event by the Agency.
21		(3) No permit is required under paragraph (1) of
22		subsection (d) of Section 21 of this Act for the operation
23		of a one-day compostable waste collection event if the
24		compostable waste collection event is operated in
25		accordance with this Section and the approval issued for
26		the compostable waste collection point under subsection

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1		(d-5) of this Section, including all conditions contained
2		in the approval.
3		(4) No permit is required under paragraph (1) of
4		subsection (d) of Section 21 of this Act for the operation
5		of a permanent compostable waste collection point if the
6		collection point is operated in accordance with this
7		Section and the approval issued for the compostable waste
8		collection event under subsection (d-6) of this Section,
9		including all conditions contained in the approval.
10		(h) This Section does not apply to the following:
11		(1) Persons accepting household waste that they are
12		authorized to accept under a permit issued by the Agency.
13		(2) Sites or facilities operated pursuant to an
14		intergovernmental agreement entered into with the Agency
15		under Section 22.16b(d) of this Act.
16		(i) The Agency, in consultation with the Department of
17		Public Health, must develop and implement a public information
18		program regarding household waste drop-off points that accept
19		pharmaceutical products, as well as mail-back programs
20		authorized under federal law.
21		(j) The Agency must develop a sign that provides
22		information on the proper disposal of unused pharmaceutical
23		products. The sign shall include information on approved
24		drop-off sites or list a website where updated information on
25		drop-off sites can be accessed. The sign shall also include
26		information on mail-back programs and self-disposal. The

HB5540 Enrolled - 1067 - LRB099 16003 AMC 40320 b
1		Agency shall make a copy of the sign available for downloading
2		from its website. Every pharmacy shall display the sign in the
3		area where medications are dispensed and shall also display any
4		signs the Agency develops regarding local take-back programs or
5		household waste collection events. These signs shall be no
6		larger than 8.5 inches by 11 inches.
7		(k) If an entity chooses to participate as a household
8		waste drop-off point, then it must follow the provisions of
9		this Section and any rules the Agency may adopt governing
10		household waste drop-off points.
11		(l) The Agency shall establish, by rule, a statewide
12		medication take-back program by June 1, 2016 to ensure that
13		there are pharmaceutical product disposal options regularly
14		available for residents across the State. No private entity may
15		be compelled to serve as or fund a take-back location or
16		program. Medications collected and disposed of under the
17		program shall include controlled substances approved for
18		collection by federal law. All medications collected and
19		disposed of under the program must be managed in accordance
20		with all applicable federal and State laws and regulations. The
21		Agency shall issue a report to the General Assembly by June 1,
22		2019 detailing the amount of pharmaceutical products annually
23		collected under the program, as well as any legislative
24		recommendations.
25		(Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15; revised
26		10-20-15.)

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1		(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
2		Sec. 39. Issuance of permits; procedures.
3		(a) When the Board has by regulation required a permit for
4		the construction, installation, or operation of any type of
5		facility, equipment, vehicle, vessel, or aircraft, the
6		applicant shall apply to the Agency for such permit and it
7		shall be the duty of the Agency to issue such a permit upon
8		proof by the applicant that the facility, equipment, vehicle,
9		vessel, or aircraft will not cause a violation of this Act or
10		of regulations hereunder. The Agency shall adopt such
11		procedures as are necessary to carry out its duties under this
12		Section. In making its determinations on permit applications
13		under this Section the Agency may consider prior adjudications
14		of noncompliance with this Act by the applicant that involved a
15		release of a contaminant into the environment. In granting
16		permits, the Agency may impose reasonable conditions
17		specifically related to the applicant's past compliance
18		history with this Act as necessary to correct, detect, or
19		prevent noncompliance. The Agency may impose such other
20		conditions as may be necessary to accomplish the purposes of
21		this Act, and as are not inconsistent with the regulations
22		promulgated by the Board hereunder. Except as otherwise
23		provided in this Act, a bond or other security shall not be
24		required as a condition for the issuance of a permit. If the
25		Agency denies any permit under this Section, the Agency shall

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1		transmit to the applicant within the time limitations of this
2		Section specific, detailed statements as to the reasons the
3		permit application was denied. Such statements shall include,
4		but not be limited to the following:
5		(i) the Sections of this Act which may be violated if
6		the permit were granted;
7		(ii) the provision of the regulations, promulgated
8		under this Act, which may be violated if the permit were
9		granted;
10		(iii) the specific type of information, if any, which
11		the Agency deems the applicant did not provide the Agency;
12		and
13		(iv) a statement of specific reasons why the Act and
14		the regulations might not be met if the permit were
15		granted.
16		If there is no final action by the Agency within 90 days
17		after the filing of the application for permit, the applicant
18		may deem the permit issued; except that this time period shall
19		be extended to 180 days when (1) notice and opportunity for
20		public hearing are required by State or federal law or
21		regulation, (2) the application which was filed is for any
22		permit to develop a landfill subject to issuance pursuant to
23		this subsection, or (3) the application that was filed is for a
24		MSWLF unit required to issue public notice under subsection (p)
25		of Section 39. The 90-day and 180-day time periods for the
26		Agency to take final action do not apply to NPDES permit

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1		applications under subsection (b) of this Section, to RCRA
2		permit applications under subsection (d) of this Section, or to
3		UIC permit applications under subsection (e) of this Section.
4		The Agency shall publish notice of all final permit
5		determinations for development permits for MSWLF units and for
6		significant permit modifications for lateral expansions for
7		existing MSWLF units one time in a newspaper of general
8		circulation in the county in which the unit is or is proposed
9		to be located.
10		After January 1, 1994 and until July 1, 1998, operating
11		permits issued under this Section by the Agency for sources of
12		air pollution permitted to emit less than 25 tons per year of
13		any combination of regulated air pollutants, as defined in
14		Section 39.5 of this Act, shall be required to be renewed only
15		upon written request by the Agency consistent with applicable
16		provisions of this Act and regulations promulgated hereunder.
17		Such operating permits shall expire 180 days after the date of
18		such a request. The Board shall revise its regulations for the
19		existing State air pollution operating permit program
20		consistent with this provision by January 1, 1994.
21		After June 30, 1998, operating permits issued under this
22		Section by the Agency for sources of air pollution that are not
23		subject to Section 39.5 of this Act and are not required to
24		have a federally enforceable State operating permit shall be
25		required to be renewed only upon written request by the Agency
26		consistent with applicable provisions of this Act and its

HB5540 Enrolled - 1071 - LRB099 16003 AMC 40320 b
1		rules. Such operating permits shall expire 180 days after the
2		date of such a request. Before July 1, 1998, the Board shall
3		revise its rules for the existing State air pollution operating
4		permit program consistent with this paragraph and shall adopt
5		rules that require a source to demonstrate that it qualifies
6		for a permit under this paragraph.
7		(b) The Agency may issue NPDES permits exclusively under
8		this subsection for the discharge of contaminants from point
9		sources into navigable waters, all as defined in the Federal
10		Water Pollution Control Act, as now or hereafter amended,
11		within the jurisdiction of the State, or into any well.
12		All NPDES permits shall contain those terms and conditions,
13		including but not limited to schedules of compliance, which may
14		be required to accomplish the purposes and provisions of this
15		Act.
16		The Agency may issue general NPDES permits for discharges
17		from categories of point sources which are subject to the same
18		permit limitations and conditions. Such general permits may be
19		issued without individual applications and shall conform to
20		regulations promulgated under Section 402 of the Federal Water
21		Pollution Control Act, as now or hereafter amended.
22		The Agency may include, among such conditions, effluent
23		limitations and other requirements established under this Act,
24		Board regulations, the Federal Water Pollution Control Act, as
25		now or hereafter amended, and regulations pursuant thereto, and
26		schedules for achieving compliance therewith at the earliest

HB5540 Enrolled - 1072 - LRB099 16003 AMC 40320 b
1		reasonable date.
2		The Agency shall adopt filing requirements and procedures
3		which are necessary and appropriate for the issuance of NPDES
4		permits, and which are consistent with the Act or regulations
5		adopted by the Board, and with the Federal Water Pollution
6		Control Act, as now or hereafter amended, and regulations
7		pursuant thereto.
8		The Agency, subject to any conditions which may be
9		prescribed by Board regulations, may issue NPDES permits to
10		allow discharges beyond deadlines established by this Act or by
11		regulations of the Board without the requirement of a variance,
12		subject to the Federal Water Pollution Control Act, as now or
13		hereafter amended, and regulations pursuant thereto.
14		(c) Except for those facilities owned or operated by
15		sanitary districts organized under the Metropolitan Water
16		Reclamation District Act, no permit for the development or
17		construction of a new pollution control facility may be granted
18		by the Agency unless the applicant submits proof to the Agency
19		that the location of the facility has been approved by the
20		County Board of the county if in an unincorporated area, or the
21		governing body of the municipality when in an incorporated
22		area, in which the facility is to be located in accordance with
23		Section 39.2 of this Act. For purposes of this subsection (c),
24		and for purposes of Section 39.2 of this Act, the appropriate
25		county board or governing body of the municipality shall be the
26		county board of the county or the governing body of the

HB5540 Enrolled - 1073 - LRB099 16003 AMC 40320 b
1		municipality in which the facility is to be located as of the
2		date when the application for siting approval is filed.
3		In the event that siting approval granted pursuant to
4		Section 39.2 has been transferred to a subsequent owner or
5		operator, that subsequent owner or operator may apply to the
6		Agency for, and the Agency may grant, a development or
7		construction permit for the facility for which local siting
8		approval was granted. Upon application to the Agency for a
9		development or construction permit by that subsequent owner or
10		operator, the permit applicant shall cause written notice of
11		the permit application to be served upon the appropriate county
12		board or governing body of the municipality that granted siting
13		approval for that facility and upon any party to the siting
14		proceeding pursuant to which siting approval was granted. In
15		that event, the Agency shall conduct an evaluation of the
16		subsequent owner or operator's prior experience in waste
17		management operations in the manner conducted under subsection
18		(i) of Section 39 of this Act.
19		Beginning August 20, 1993, if the pollution control
20		facility consists of a hazardous or solid waste disposal
21		facility for which the proposed site is located in an
22		unincorporated area of a county with a population of less than
23		100,000 and includes all or a portion of a parcel of land that
24		was, on April 1, 1993, adjacent to a municipality having a
25		population of less than 5,000, then the local siting review
26		required under this subsection (c) in conjunction with any

HB5540 Enrolled - 1074 - LRB099 16003 AMC 40320 b
1		permit applied for after that date shall be performed by the
2		governing body of that adjacent municipality rather than the
3		county board of the county in which the proposed site is
4		located; and for the purposes of that local siting review, any
5		references in this Act to the county board shall be deemed to
6		mean the governing body of that adjacent municipality;
7		provided, however, that the provisions of this paragraph shall
8		not apply to any proposed site which was, on April 1, 1993,
9		owned in whole or in part by another municipality.
10		In the case of a pollution control facility for which a
11		development permit was issued before November 12, 1981, if an
12		operating permit has not been issued by the Agency prior to
13		August 31, 1989 for any portion of the facility, then the
14		Agency may not issue or renew any development permit nor issue
15		an original operating permit for any portion of such facility
16		unless the applicant has submitted proof to the Agency that the
17		location of the facility has been approved by the appropriate
18		county board or municipal governing body pursuant to Section
19		39.2 of this Act.
20		After January 1, 1994, if a solid waste disposal facility,
21		any portion for which an operating permit has been issued by
22		the Agency, has not accepted waste disposal for 5 or more
23		consecutive calendars years, before that facility may accept
24		any new or additional waste for disposal, the owner and
25		operator must obtain a new operating permit under this Act for
26		that facility unless the owner and operator have applied to the

HB5540 Enrolled - 1075 - LRB099 16003 AMC 40320 b
1		Agency for a permit authorizing the temporary suspension of
2		waste acceptance. The Agency may not issue a new operation
3		permit under this Act for the facility unless the applicant has
4		submitted proof to the Agency that the location of the facility
5		has been approved or re-approved by the appropriate county
6		board or municipal governing body under Section 39.2 of this
7		Act after the facility ceased accepting waste.
8		Except for those facilities owned or operated by sanitary
9		districts organized under the Metropolitan Water Reclamation
10		District Act, and except for new pollution control facilities
11		governed by Section 39.2, and except for fossil fuel mining
12		facilities, the granting of a permit under this Act shall not
13		relieve the applicant from meeting and securing all necessary
14		zoning approvals from the unit of government having zoning
15		jurisdiction over the proposed facility.
16		Before beginning construction on any new sewage treatment
17		plant or sludge drying site to be owned or operated by a
18		sanitary district organized under the Metropolitan Water
19		Reclamation District Act for which a new permit (rather than
20		the renewal or amendment of an existing permit) is required,
21		such sanitary district shall hold a public hearing within the
22		municipality within which the proposed facility is to be
23		located, or within the nearest community if the proposed
24		facility is to be located within an unincorporated area, at
25		which information concerning the proposed facility shall be
26		made available to the public, and members of the public shall

HB5540 Enrolled - 1076 - LRB099 16003 AMC 40320 b
1		be given the opportunity to express their views concerning the
2		proposed facility.
3		The Agency may issue a permit for a municipal waste
4		transfer station without requiring approval pursuant to
5		Section 39.2 provided that the following demonstration is made:
6		(1) the municipal waste transfer station was in
7		existence on or before January 1, 1979 and was in
8		continuous operation from January 1, 1979 to January 1,
9		1993;
10		(2) the operator submitted a permit application to the
11		Agency to develop and operate the municipal waste transfer
12		station during April of 1994;
13		(3) the operator can demonstrate that the county board
14		of the county, if the municipal waste transfer station is
15		in an unincorporated area, or the governing body of the
16		municipality, if the station is in an incorporated area,
17		does not object to resumption of the operation of the
18		station; and
19		(4) the site has local zoning approval.
20		(d) The Agency may issue RCRA permits exclusively under
21		this subsection to persons owning or operating a facility for
22		the treatment, storage, or disposal of hazardous waste as
23		defined under this Act.
24		All RCRA permits shall contain those terms and conditions,
25		including but not limited to schedules of compliance, which may
26		be required to accomplish the purposes and provisions of this

HB5540 Enrolled - 1077 - LRB099 16003 AMC 40320 b
1		Act. The Agency may include among such conditions standards and
2		other requirements established under this Act, Board
3		regulations, the Resource Conservation and Recovery Act of 1976
4		(P.L. 94-580), as amended, and regulations pursuant thereto,
5		and may include schedules for achieving compliance therewith as
6		soon as possible. The Agency shall require that a performance
7		bond or other security be provided as a condition for the
8		issuance of a RCRA permit.
9		In the case of a permit to operate a hazardous waste or PCB
10		incinerator as defined in subsection (k) of Section 44, the
11		Agency shall require, as a condition of the permit, that the
12		operator of the facility perform such analyses of the waste to
13		be incinerated as may be necessary and appropriate to ensure
14		the safe operation of the incinerator.
15		The Agency shall adopt filing requirements and procedures
16		which are necessary and appropriate for the issuance of RCRA
17		permits, and which are consistent with the Act or regulations
18		adopted by the Board, and with the Resource Conservation and
19		Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
20		pursuant thereto.
21		The applicant shall make available to the public for
22		inspection all documents submitted by the applicant to the
23		Agency in furtherance of an application, with the exception of
24		trade secrets, at the office of the county board or governing
25		body of the municipality. Such documents may be copied upon
26		payment of the actual cost of reproduction during regular

HB5540 Enrolled - 1078 - LRB099 16003 AMC 40320 b
1		business hours of the local office. The Agency shall issue a
2		written statement concurrent with its grant or denial of the
3		permit explaining the basis for its decision.
4		(e) The Agency may issue UIC permits exclusively under this
5		subsection to persons owning or operating a facility for the
6		underground injection of contaminants as defined under this
7		Act.
8		All UIC permits shall contain those terms and conditions,
9		including but not limited to schedules of compliance, which may
10		be required to accomplish the purposes and provisions of this
11		Act. The Agency may include among such conditions standards and
12		other requirements established under this Act, Board
13		regulations, the Safe Drinking Water Act (P.L. 93-523), as
14		amended, and regulations pursuant thereto, and may include
15		schedules for achieving compliance therewith. The Agency shall
16		require that a performance bond or other security be provided
17		as a condition for the issuance of a UIC permit.
18		The Agency shall adopt filing requirements and procedures
19		which are necessary and appropriate for the issuance of UIC
20		permits, and which are consistent with the Act or regulations
21		adopted by the Board, and with the Safe Drinking Water Act
22		(P.L. 93-523), as amended, and regulations pursuant thereto.
23		The applicant shall make available to the public for
24		inspection, all documents submitted by the applicant to the
25		Agency in furtherance of an application, with the exception of
26		trade secrets, at the office of the county board or governing

HB5540 Enrolled - 1079 - LRB099 16003 AMC 40320 b
1		body of the municipality. Such documents may be copied upon
2		payment of the actual cost of reproduction during regular
3		business hours of the local office. The Agency shall issue a
4		written statement concurrent with its grant or denial of the
5		permit explaining the basis for its decision.
6		(f) In making any determination pursuant to Section 9.1 of
7		this Act:
8		(1) The Agency shall have authority to make the
9		determination of any question required to be determined by
10		the Clean Air Act, as now or hereafter amended, this Act,
11		or the regulations of the Board, including the
12		determination of the Lowest Achievable Emission Rate,
13		Maximum Achievable Control Technology, or Best Available
14		Control Technology, consistent with the Board's
15		regulations, if any.
16		(2) The Agency shall adopt requirements as necessary to
17		implement public participation procedures, including, but
18		not limited to, public notice, comment, and an opportunity
19		for hearing, which must accompany the processing of
20		applications for PSD permits. The Agency shall briefly
21		describe and respond to all significant comments on the
22		draft permit raised during the public comment period or
23		during any hearing. The Agency may group related comments
24		together and provide one unified response for each issue
25		raised.
26		(3) Any complete permit application submitted to the

HB5540 Enrolled - 1080 - LRB099 16003 AMC 40320 b
1		Agency under this subsection for a PSD permit shall be
2		granted or denied by the Agency not later than one year
3		after the filing of such completed application.
4		(4) The Agency shall, after conferring with the
5		applicant, give written notice to the applicant of its
6		proposed decision on the application including the terms
7		and conditions of the permit to be issued and the facts,
8		conduct or other basis upon which the Agency will rely to
9		support its proposed action.
10		(g) The Agency shall include as conditions upon all permits
11		issued for hazardous waste disposal sites such restrictions
12		upon the future use of such sites as are reasonably necessary
13		to protect public health and the environment, including
14		permanent prohibition of the use of such sites for purposes
15		which may create an unreasonable risk of injury to human health
16		or to the environment. After administrative and judicial
17		challenges to such restrictions have been exhausted, the Agency
18		shall file such restrictions of record in the Office of the
19		Recorder of the county in which the hazardous waste disposal
20		site is located.
21		(h) A hazardous waste stream may not be deposited in a
22		permitted hazardous waste site unless specific authorization
23		is obtained from the Agency by the generator and disposal site
24		owner and operator for the deposit of that specific hazardous
25		waste stream. The Agency may grant specific authorization for
26		disposal of hazardous waste streams only after the generator

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1		has reasonably demonstrated that, considering technological
2		feasibility and economic reasonableness, the hazardous waste
3		cannot be reasonably recycled for reuse, nor incinerated or
4		chemically, physically or biologically treated so as to
5		neutralize the hazardous waste and render it nonhazardous. In
6		granting authorization under this Section, the Agency may
7		impose such conditions as may be necessary to accomplish the
8		purposes of the Act and are consistent with this Act and
9		regulations promulgated by the Board hereunder. If the Agency
10		refuses to grant authorization under this Section, the
11		applicant may appeal as if the Agency refused to grant a
12		permit, pursuant to the provisions of subsection (a) of Section
13		40 of this Act. For purposes of this subsection (h), the term
14		"generator" has the meaning given in Section 3.205 of this Act,
15		unless: (1) the hazardous waste is treated, incinerated, or
16		partially recycled for reuse prior to disposal, in which case
17		the last person who treats, incinerates, or partially recycles
18		the hazardous waste prior to disposal is the generator; or (2)
19		the hazardous waste is from a response action, in which case
20		the person performing the response action is the generator.
21		This subsection (h) does not apply to any hazardous waste that
22		is restricted from land disposal under 35 Ill. Adm. Code 728.
23		(i) Before issuing any RCRA permit, any permit for a waste
24		storage site, sanitary landfill, waste disposal site, waste
25		transfer station, waste treatment facility, waste incinerator,
26		or any waste-transportation operation, or any permit or interim

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1		authorization for a clean construction or demolition debris
2		fill operation, or any permit required under subsection (d-5)
3		of Section 55, the Agency shall conduct an evaluation of the
4		prospective owner's or operator's prior experience in waste
5		management operations, clean construction or demolition debris
6		fill operations, and tire storage site management. The Agency
7		may deny such a permit, or deny or revoke interim
8		authorization, if the prospective owner or operator or any
9		employee or officer of the prospective owner or operator has a
10		history of:
11		(1) repeated violations of federal, State, or local
12		laws, regulations, standards, or ordinances in the
13		operation of waste management facilities or sites, clean
14		construction or demolition debris fill operation
15		facilities or sites, or tire storage sites; or
16		(2) conviction in this or another State of any crime
17		which is a felony under the laws of this State, or
18		conviction of a felony in a federal court; or conviction in
19		this or another state or federal court of any of the
20		following crimes: forgery, official misconduct, bribery,
21		perjury, or knowingly submitting false information under
22		any environmental law, regulation, or permit term or
23		condition; or
24		(3) proof of gross carelessness or incompetence in
25		handling, storing, processing, transporting or disposing
26		of waste, clean construction or demolition debris, or used

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1		or waste tires, or proof of gross carelessness or
2		incompetence in using clean construction or demolition
3		debris as fill.
4		(i-5) Before issuing any permit or approving any interim
5		authorization for a clean construction or demolition debris
6		fill operation in which any ownership interest is transferred
7		between January 1, 2005, and the effective date of the
8		prohibition set forth in Section 22.52 of this Act, the Agency
9		shall conduct an evaluation of the operation if any previous
10		activities at the site or facility may have caused or allowed
11		contamination of the site. It shall be the responsibility of
12		the owner or operator seeking the permit or interim
13		authorization to provide to the Agency all of the information
14		necessary for the Agency to conduct its evaluation. The Agency
15		may deny a permit or interim authorization if previous
16		activities at the site may have caused or allowed contamination
17		at the site, unless such contamination is authorized under any
18		permit issued by the Agency.
19		(j) The issuance under this Act of a permit to engage in
20		the surface mining of any resources other than fossil fuels
21		shall not relieve the permittee from its duty to comply with
22		any applicable local law regulating the commencement, location
23		or operation of surface mining facilities.
24		(k) A development permit issued under subsection (a) of
25		Section 39 for any facility or site which is required to have a
26		permit under subsection (d) of Section 21 shall expire at the

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1		end of 2 calendar years from the date upon which it was issued,
2		unless within that period the applicant has taken action to
3		develop the facility or the site. In the event that review of
4		the conditions of the development permit is sought pursuant to
5		Section 40 or 41, or permittee is prevented from commencing
6		development of the facility or site by any other litigation
7		beyond the permittee's control, such two-year period shall be
8		deemed to begin on the date upon which such review process or
9		litigation is concluded.
10		(l) No permit shall be issued by the Agency under this Act
11		for construction or operation of any facility or site located
12		within the boundaries of any setback zone established pursuant
13		to this Act, where such construction or operation is
14		prohibited.
15		(m) The Agency may issue permits to persons owning or
16		operating a facility for composting landscape waste. In
17		granting such permits, the Agency may impose such conditions as
18		may be necessary to accomplish the purposes of this Act, and as
19		are not inconsistent with applicable regulations promulgated
20		by the Board. Except as otherwise provided in this Act, a bond
21		or other security shall not be required as a condition for the
22		issuance of a permit. If the Agency denies any permit pursuant
23		to this subsection, the Agency shall transmit to the applicant
24		within the time limitations of this subsection specific,
25		detailed statements as to the reasons the permit application
26		was denied. Such statements shall include but not be limited to

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1		the following:
2		(1) the Sections of this Act that may be violated if
3		the permit were granted;
4		(2) the specific regulations promulgated pursuant to
5		this Act that may be violated if the permit were granted;
6		(3) the specific information, if any, the Agency deems
7		the applicant did not provide in its application to the
8		Agency; and
9		(4) a statement of specific reasons why the Act and the
10		regulations might be violated if the permit were granted.
11		If no final action is taken by the Agency within 90 days
12		after the filing of the application for permit, the applicant
13		may deem the permit issued. Any applicant for a permit may
14		waive the 90-day 90 day limitation by filing a written
15		statement with the Agency.
16		The Agency shall issue permits for such facilities upon
17		receipt of an application that includes a legal description of
18		the site, a topographic map of the site drawn to the scale of
19		200 feet to the inch or larger, a description of the operation,
20		including the area served, an estimate of the volume of
21		materials to be processed, and documentation that:
22		(1) the facility includes a setback of at least 200
23		feet from the nearest potable water supply well;
24		(2) the facility is located outside the boundary of the
25		10-year floodplain or the site will be floodproofed;
26		(3) the facility is located so as to minimize

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1		incompatibility with the character of the surrounding
2		area, including at least a 200 foot setback from any
3		residence, and in the case of a facility that is developed
4		or the permitted composting area of which is expanded after
5		November 17, 1991, the composting area is located at least
6		1/8 mile from the nearest residence (other than a residence
7		located on the same property as the facility);
8		(4) the design of the facility will prevent any compost
9		material from being placed within 5 feet of the water
10		table, will adequately control runoff from the site, and
11		will collect and manage any leachate that is generated on
12		the site;
13		(5) the operation of the facility will include
14		appropriate dust and odor control measures, limitations on
15		operating hours, appropriate noise control measures for
16		shredding, chipping and similar equipment, management
17		procedures for composting, containment and disposal of
18		non-compostable wastes, procedures to be used for
19		terminating operations at the site, and recordkeeping
20		sufficient to document the amount of materials received,
21		composted and otherwise disposed of; and
22		(6) the operation will be conducted in accordance with
23		any applicable rules adopted by the Board.
24		The Agency shall issue renewable permits of not longer than
25		10 years in duration for the composting of landscape wastes, as
26		defined in Section 3.155 of this Act, based on the above

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1		requirements.
2		The operator of any facility permitted under this
3		subsection (m) must submit a written annual statement to the
4		Agency on or before April 1 of each year that includes an
5		estimate of the amount of material, in tons, received for
6		composting.
7		(n) The Agency shall issue permits jointly with the
8		Department of Transportation for the dredging or deposit of
9		material in Lake Michigan in accordance with Section 18 of the
10		Rivers, Lakes, and Streams Act.
11		(o) (Blank.)
12		(p) (1) Any person submitting an application for a permit
13		for a new MSWLF unit or for a lateral expansion under
14		subsection (t) of Section 21 of this Act for an existing MSWLF
15		unit that has not received and is not subject to local siting
16		approval under Section 39.2 of this Act shall publish notice of
17		the application in a newspaper of general circulation in the
18		county in which the MSWLF unit is or is proposed to be located.
19		The notice must be published at least 15 days before submission
20		of the permit application to the Agency. The notice shall state
21		the name and address of the applicant, the location of the
22		MSWLF unit or proposed MSWLF unit, the nature and size of the
23		MSWLF unit or proposed MSWLF unit, the nature of the activity
24		proposed, the probable life of the proposed activity, the date
25		the permit application will be submitted, and a statement that
26		persons may file written comments with the Agency concerning

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1		the permit application within 30 days after the filing of the
2		permit application unless the time period to submit comments is
3		extended by the Agency.
4		When a permit applicant submits information to the Agency
5		to supplement a permit application being reviewed by the
6		Agency, the applicant shall not be required to reissue the
7		notice under this subsection.
8		(2) The Agency shall accept written comments concerning the
9		permit application that are postmarked no later than 30 days
10		after the filing of the permit application, unless the time
11		period to accept comments is extended by the Agency.
12		(3) Each applicant for a permit described in part (1) of
13		this subsection shall file a copy of the permit application
14		with the county board or governing body of the municipality in
15		which the MSWLF unit is or is proposed to be located at the
16		same time the application is submitted to the Agency. The
17		permit application filed with the county board or governing
18		body of the municipality shall include all documents submitted
19		to or to be submitted to the Agency, except trade secrets as
20		determined under Section 7.1 of this Act. The permit
21		application and other documents on file with the county board
22		or governing body of the municipality shall be made available
23		for public inspection during regular business hours at the
24		office of the county board or the governing body of the
25		municipality and may be copied upon payment of the actual cost
26		of reproduction.

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1		(q) Within 6 months after July 12, 2011 (the effective date
2		of Public Act 97-95) this amendatory Act of the 97th General
3		Assembly, the Agency, in consultation with the regulated
4		community, shall develop a web portal to be posted on its
5		website for the purpose of enhancing review and promoting
6		timely issuance of permits required by this Act. At a minimum,
7		the Agency shall make the following information available on
8		the web portal:
9		(1) Checklists and guidance relating to the completion
10		of permit applications, developed pursuant to subsection
11		(s) of this Section, which may include, but are not limited
12		to, existing instructions for completing the applications
13		and examples of complete applications. As the Agency
14		develops new checklists and develops guidance, it shall
15		supplement the web portal with those materials.
16		(2) Within 2 years after July 12, 2011 (the effective
17		date of Public Act 97-95) this amendatory Act of the 97th
18		General Assembly, permit application forms or portions of
19		permit applications that can be completed and saved
20		electronically, and submitted to the Agency electronically
21		with digital signatures.
22		(3) Within 2 years after July 12, 2011 (the effective
23		date of Public Act 97-95) this amendatory Act of the 97th
24		General Assembly, an online tracking system where an
25		applicant may review the status of its pending application,
26		including the name and contact information of the permit

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1		analyst assigned to the application. Until the online
2		tracking system has been developed, the Agency shall post
3		on its website semi-annual permitting efficiency tracking
4		reports that include statistics on the timeframes for
5		Agency action on the following types of permits received
6		after July 12, 2011 (the effective date of Public Act
7		97-95) this amendatory Act of the 97th General Assembly:
8		air construction permits, new NPDES permits and associated
9		water construction permits, and modifications of major
10		NPDES permits and associated water construction permits.
11		The reports must be posted by February 1 and August 1 each
12		year and shall include:
13		(A) the number of applications received for each
14		type of permit, the number of applications on which the
15		Agency has taken action, and the number of applications
16		still pending; and
17		(B) for those applications where the Agency has not
18		taken action in accordance with the timeframes set
19		forth in this Act, the date the application was
20		received and the reasons for any delays, which may
21		include, but shall not be limited to, (i) the
22		application being inadequate or incomplete, (ii)
23		scientific or technical disagreements with the
24		applicant, USEPA, or other local, state, or federal
25		agencies involved in the permitting approval process,
26		(iii) public opposition to the permit, or (iv) Agency

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1		staffing shortages. To the extent practicable, the
2		tracking report shall provide approximate dates when
3		cause for delay was identified by the Agency, when the
4		Agency informed the applicant of the problem leading to
5		the delay, and when the applicant remedied the reason
6		for the delay.
7		(r) Upon the request of the applicant, the Agency shall
8		notify the applicant of the permit analyst assigned to the
9		application upon its receipt.
10		(s) The Agency is authorized to prepare and distribute
11		guidance documents relating to its administration of this
12		Section and procedural rules implementing this Section.
13		Guidance documents prepared under this subsection shall not be
14		considered rules and shall not be subject to the Illinois
15		Administrative Procedure Act. Such guidance shall not be
16		binding on any party.
17		(t) Except as otherwise prohibited by federal law or
18		regulation, any person submitting an application for a permit
19		may include with the application suggested permit language for
20		Agency consideration. The Agency is not obligated to use the
21		suggested language or any portion thereof in its permitting
22		decision. If requested by the permit applicant, the Agency
23		shall meet with the applicant to discuss the suggested
24		language.
25		(u) If requested by the permit applicant, the Agency shall
26		provide the permit applicant with a copy of the draft permit

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1		prior to any public review period.
2		(v) If requested by the permit applicant, the Agency shall
3		provide the permit applicant with a copy of the final permit
4		prior to its issuance.
5		(w) An air pollution permit shall not be required due to
6		emissions of greenhouse gases, as specified by Section 9.15 of
7		this Act.
8		(x) If, before the expiration of a State operating permit
9		that is issued pursuant to subsection (a) of this Section and
10		contains federally enforceable conditions limiting the
11		potential to emit of the source to a level below the major
12		source threshold for that source so as to exclude the source
13		from the Clean Air Act Permit Program, the Agency receives a
14		complete application for the renewal of that permit, then all
15		of the terms and conditions of the permit shall remain in
16		effect until final administrative action has been taken on the
17		application for the renewal of the permit.
18		(Source: P.A. 98-284, eff. 8-9-13; 99-396, eff. 8-18-15;
19		99-463, eff. 1-1-16; revised 10-20-15.)
20		Section 460. The Lawn Care Products Application and Notice
21		Act is amended by changing Section 7 as follows:
22		(415 ILCS 65/7) (from Ch. 5, par. 857)
23		Sec. 7. When an administrative hearing is held by the
24		Department, the hearing officer, upon determination of any

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1		violation of this Act or rule or regulation, shall either refer
2		the violation to the State's States Attorney's office in the
3		county where the alleged violation occurred for prosecution or
4		levy the following administrative monetary penalties:
5		(a) a penalty of $250 for a first violation;
6		(b) a penalty of $500 for a second violation; and
7		(c) a penalty of $1,000 for a third or subsequent
8		violation.
9		The penalty levied shall be collected by the Department,
10		and all penalties collected by the Department under this Act
11		shall be deposited into the Pesticide Control Fund. Any penalty
12		not paid within 60 days of notice from the Department shall be
13		submitted to the Attorney General's office for collection.
14		Upon prosecution by a State's Attorney, a violation of this
15		Act or rules shall be a petty offense subject to a fine of $250
16		for a first offense, a fine of $500 for a second offense, and a
17		fine of $1,000 for a third or subsequent offense.
18		(Source: P.A. 96-1005, eff. 7-6-10; revised 10-20-15.)
19		Section 465. The Mercury Switch Removal Act is amended by
20		changing Section 10 as follows:
21		(415 ILCS 97/10)
22		(Section scheduled to be repealed on January 1, 2017)
23		Sec. 10. Removal requirements.
24		(a) Mercury switches removed from end-of-life vehicles

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1		must be managed in accordance with the Environmental Protection
2		Act and regulations adopted thereunder.
3		(b) No person shall represent that all mercury switches
4		have been removed from a vehicle if all mercury switches have
5		not been removed from the vehicle, except where a mercury
6		switch cannot be removed from the vehicle because the switch is
7		inaccessible due to significant damage to the vehicle in the
8		area surrounding the switch.
9		(c) Consistent with the protection of confidential
10		business information, vehicle recyclers, vehicle crushers, and
11		scrap metal recyclers that remove mercury switches from
12		end-of-life vehicles must maintain records documenting the
13		following for each calendar quarter:
14		(1) the number of mercury switches the vehicle
15		recycler, vehicle crusher, or scrap metal recycler removed
16		from end-of-life vehicles;
17		(2) the number of end-of-life vehicles received by the
18		vehicle recycler, vehicle crusher, or scrap metal recycler
19		that contain one or more mercury switches;
20		(3) the number of end-of-life vehicles the vehicle
21		recycler, vehicle crusher, or scrap metal recycler
22		flattened, crushed, shredded, or otherwise processed for
23		recycling; and
24		(4) the make and model of each car from which one or
25		more mercury switches was removed by the vehicle recycler,
26		vehicle crusher, or scrap metal recycler.

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1		The records required under this subsection (c) must be
2		retained at the vehicle recycler's or scrap metal recycler's
3		place of business for a minimum of 3 years and made available
4		for inspection and copying by the Agency during normal business
5		hours.
6		(d) For the period of July 1, 2006 through though June 30,
7		2007 and for each period of July 1 through though June 30
8		thereafter, no later than 45 days after the close of the period
9		vehicle recyclers, vehicle crushers, and scrap metal recyclers
10		that remove mercury switches from end-of-life vehicles must
11		submit to the Agency an annual report containing the following
12		information for the period: (i) the number of mercury switches
13		the vehicle recycler, vehicle crusher, or scrap metal recycler
14		removed from end-of-life vehicles; (ii) the number of
15		end-of-life vehicles received by the vehicle recycler, vehicle
16		crusher, or scrap metal recycler that contain one or more
17		mercury switches; , and (iii) the number of end-of-life vehicles
18		the vehicle recycler, vehicle crusher, or scrap metal recycler
19		flattened, crushed, shredded, or otherwise processed for
20		recycling. Data required to be reported to the United States
21		Environmental Protection Agency under federal law or
22		regulation may be used in meeting requirements of this
23		subsection (d), if the data contains the information required
24		under items (i), (ii), and (iii) of this subsection.
25		(Source: P.A. 94-732, eff. 4-24-06; revised 10-21-15.)

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1		Section 470. The Litter Control Act is amended by changing
2		Section 11 as follows:
3		(415 ILCS 105/11) (from Ch. 38, par. 86-11)
4		Sec. 11. This Act shall be enforced by all law enforcement
5		officers in their respective jurisdictions, whether employed
6		by the State or by any unit of local government. Prosecutions
7		for violation of this Act shall be conducted by the State's
8		Attorneys State attorneys of the several counties and by the
9		Attorney General of this State.
10		(Source: P.A. 78-837; revised 10-21-15.)
11		Section 480. The Pyrotechnic Use Act is amended by changing
12		Section 1 as follows:
13		(425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
14		Sec. 1. Definitions. As used in this Act, the following
15		words shall have the following meanings:
16		"1.3G fireworks" means those fireworks used for
17		professional outdoor displays and classified as fireworks
18		UN0333, UN0334, or UN0335 by the United States Department of
19		Transportation under 49 C.F.R. 172.101.
20		"Consumer distributor" means any person who distributes,
21		offers for sale, sells, or exchanges for consideration consumer
22		fireworks in Illinois to another distributor or directly to any
23		retailer or person for resale.

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1		"Consumer fireworks" means those fireworks that must
2		comply with the construction, chemical composition, and
3		labeling regulations of the U.S. Consumer Products Safety
4		Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and
5		classified as fireworks UN0336 or UN0337 by the United States
6		Department of Transportation under 49 C.F.R. 172.101.
7		"Consumer fireworks" shall not include snake or glow worm
8		pellets; smoke devices; trick noisemakers known as "party
9		poppers", "booby traps", "snappers", "trick matches",
10		"cigarette loads", and "auto burglar alarms"; sparklers; toy
11		pistols, toy canes, toy guns, or other devices in which paper
12		or plastic caps containing twenty-five hundredths grains or
13		less of explosive compound are used, provided they are so
14		constructed that the hand cannot come in contact with the cap
15		when in place for the explosion; and toy pistol paper or
16		plastic caps that contain less than twenty hundredths grains of
17		explosive mixture; the sale and use of which shall be permitted
18		at all times.
19		"Consumer fireworks display" or "consumer display" means
20		the detonation, ignition, or deflagration of consumer
21		fireworks to produce a visual or audible effect.
22		"Consumer operator" means an adult individual who is
23		responsible for the safety, setup, and discharge of the
24		consumer fireworks display and who has completed the training
25		required in Section 2.2 of this Act.
26		"Consumer retailer" means any person who offers for sale,

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1		sells, or exchanges for consideration consumer fireworks in
2		Illinois directly to any person with a consumer display permit.
3		"Display fireworks" means 1.3G or special effects
4		fireworks or as further defined in the Pyrotechnic Distributor
5		and Operator Licensing Act.
6		"Flame effect" means the detonation, ignition, or
7		deflagration of flammable gases, liquids, or special materials
8		to produce a thermal, physical, visual, or audible effect
9		before the public, invitees, or licensees, regardless of
10		whether admission is charged, in accordance with National Fire
11		Protection Association 160 guidelines, and as may be further
12		defined in the Pyrotechnic Distributor and Operator Licensing
13		Act.
14		"Lead pyrotechnic operator" means an individual who is
15		responsible for the safety, setup, and discharge of the
16		pyrotechnic display or pyrotechnic service and who is licensed
17		pursuant to the Pyrotechnic Distributor and Operator Licensing
18		Act.
19		"Person" means an individual, firm, corporation,
20		association, partnership, company, consortium, joint venture,
21		commercial entity, state, municipality, or political
22		subdivision of a state or any agency, department, or
23		instrumentality of the United States and any officer, agent, or
24		employee of these entities.
25		"Production company" means any person in the film, digital
26		and video media, television, commercial, music, or theatrical

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1		stage industry who provides pyrotechnic services or
2		pyrotechnic display services as part of a film, digital and
3		video media, television, commercial, music, or theatrical
4		production in the State of Illinois and is licensed by the
5		Office pursuant to the Pyrotechnic Distributor and Operator
6		Licensing Act.
7		"Pyrotechnic display" means the detonation, ignition, or
8		deflagration of display fireworks or flame effects to produce
9		visual or audible effects of an a exhibitional nature before
10		the public, invitees, or licensees, regardless of whether
11		admission is charged, and as may be further defined in the
12		Pyrotechnic Distributor and Operator Licensing Act.
13		"Pyrotechnic distributor" means any person who distributes
14		display fireworks for sale in the State of Illinois or provides
15		them as part of a pyrotechnic display service in the State of
16		Illinois or provides only pyrotechnic services and is licensed
17		by the Office pursuant to the Pyrotechnic Distributor and
18		Operator Licensing Act.
19		"Pyrotechnic service" means the detonation, ignition, or
20		deflagration of display fireworks, special effects, or flame
21		effects to produce a visual or audible effect.
22		"Special effects fireworks" means pyrotechnic devices used
23		for special effects by professionals in the performing arts in
24		conjunction with theatrical, musical, or other productions
25		that are similar to consumer fireworks in chemical compositions
26		and construction, but are not intended for consumer use and are

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1		not labeled as such or identified as "intended for indoor use".
2		"Special effects fireworks" are classified as fireworks UN0431
3		or UN0432 by the United States Department of Transportation
4		under 49 C.F.R. 172.101.
5		(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12;
6		revised 10-20-15.)
7		Section 485. The Hazardous Materials Emergency Act is
8		amended by changing Section 4 as follows:
9		(430 ILCS 50/4) (from Ch. 127, par. 1254)
10		Sec. 4. There is hereby created a Hazardous Materials
11		Advisory Board, composed of 21 members as follows: the Director
12		of the Illinois Emergency Management Agency, or his designee;
13		the Director of Agriculture or his designee; the Chairman of
14		the Illinois Commerce Commission or his designee; the Director
15		of Public Health or his designee; the Director of the
16		Environmental Protection Agency or his designee; the Secretary
17		of Transportation or his designee; the State Fire Marshal or
18		his designee; the Director of State Police or his designee; the
19		Director of Natural Resources or his designee; the Illinois
20		Attorney General or his designee; the Director of Nuclear
21		Safety or his designee; the Executive Director of the Illinois
22		Law Enforcement Training Standards Board or his designee; the
23		Director of the Illinois Fire Service Institute, University of
24		Illinois, or his designee; and a representative from the

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1		Illinois Association of Chiefs of Police; the Illinois Fire
2		Chiefs Chief's Association; the Illinois Sheriffs' Sheriff's
3		Association; the Illinois Emergency Services Management
4		Association; and 4 members appointed by the Governor, one of
5		whom shall represent volunteer firefighters, one of whom shall
6		represent the local emergency response service and two shall
7		represent the business community. The Chairman shall be
8		selected by the membership from those members not representing
9		a State agency.
10		The Board shall meet within 90 days of January 1, 1985 (the
11		effective date of Public Act 83-1368) this amendatory Act of
12		1984 to select a chairman, other officers and establish an
13		organization structure as the members deem necessary and
14		thereafter at the call of the chair or any 11 members. A person
15		who has been designated by the Director of his department to
16		represent the Director on the Board shall be entitled to vote
17		on all questions before the Board. Eleven members of the Board
18		constitute a quorum, except that where members have not been
19		appointed or designated to the Board, a quorum shall be
20		constituted by a simple majority of the appointed or designated
21		membership.
22		The Board shall advise and make recommendations to the
23		Agency regarding the reporting of an accident involving
24		hazardous materials and to the Department regarding the
25		placarding of transportation of hazardous materials. The Board
26		shall design a program and develop a Statewide plan providing

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1		for a coordinating system among State agencies and departments
2		and units of local government, for response to accidents
3		involving hazardous materials. Every attempt shall be made to
4		avoid requiring any person to report an accident involving
5		hazardous materials to more than one State agency. If at all
6		possible, the primary agency receiving the reports shall be the
7		Illinois Emergency Management Agency, and that agency shall
8		relay reports to other State and local agencies.
9		The Board shall form from among its members, an Emergency
10		Response Training and Standards Committee. The Secretary of
11		Transportation or his designee, the State Fire Marshal or his
12		designee, and the representatives from the Chiefs of Police,
13		Fire Chiefs and Sheriffs' Sheriff's Association shall also
14		serve on the Committee. It shall be the duty of this Committee,
15		with final approval of the Board, to recommend standardized
16		training courses for firefighters, police officers, and other
17		hazardous material emergency response personnel of the State
18		and local governments; to recommend standards for hazardous
19		material emergency response equipment; and recommend standards
20		for achievement levels for the various hazardous material
21		emergency response personnel. The standardized courses shall
22		include training for firefighters, police officers, and other
23		hazardous material emergency response personnel described in
24		the federal regulations relating to the placarding system that
25		has been promulgated under the Hazardous Materials
26		Transportation Act (P.L. 93-633).

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1		The Board shall review and recommend the material to be
2		provided under Sections 5.04, 5.05, and 5.06 of this Act and
3		assure the development of a plan for those activities in
4		Section 5.07 of this Act.
5		The Board shall have the duty to study and recommend to the
6		various State agencies, local governments and the General
7		Assembly any aspect of placarding in transportation, hazard
8		signage systems, the training of hazardous material emergency
9		response personnel, the equipment used in hazardous material
10		emergency response, the planning for hazardous material
11		emergency response, and the dissemination of information
12		concerning these areas.
13		The Department of Transportation and the Illinois
14		Emergency Management Agency shall furnish meeting facilities,
15		staff, and other administrative needs of the Board. The Agency
16		or the Department shall inform the Board whenever the Agency or
17		the Department is considering the adoption of any regulations
18		under this Act. The Agency or the Department shall send a copy
19		of all proposed regulations to each member of the Board; the
20		Board shall be represented at all public hearings regarding
21		proposals for and changes in Agency or the Department
22		regulations. The Board may, at its discretion, present the
23		Agency or the Department with its written evaluation of the
24		proposed regulations or changes.
25		Before the Department exempts any hazardous material from
26		the placarding regulations, under Section 3 of this Act, the

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1		Board must approve the regulations providing for the exemption.
2		(Source: P.A. 89-445, eff. 2-7-96; 90-449, eff. 8-16-97;
3		revised 10-20-15.)
4		Section 490. The Firearm Owners Identification Card Act is
5		amended by changing Section 1.1 as follows:
6		(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
7		Sec. 1.1. For purposes of this Act:
8		"Addicted to narcotics" means a person who has been:
9		(1) convicted of an offense involving the use or
10		possession of cannabis, a controlled substance, or
11		methamphetamine within the past year; or
12		(2) determined by the Department of State Police to be
13		addicted to narcotics based upon federal law or federal
14		guidelines.
15		"Addicted to narcotics" does not include possession or use
16		of a prescribed controlled substance under the direction and
17		authority of a physician or other person authorized to
18		prescribe the controlled substance when the controlled
19		substance is used in the prescribed manner.
20		"Adjudicated as a person with a mental disability" means
21		the person is the subject of a determination by a court, board,
22		commission or other lawful authority that the person, as a
23		result of marked subnormal intelligence, or mental illness,
24		mental impairment, incompetency, condition, or disease:

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1		(1) presents a clear and present danger to himself,
2		herself, or to others;
3		(2) lacks the mental capacity to manage his or her own
4		affairs or is adjudicated a person with a disability as
5		defined in Section 11a-2 of the Probate Act of 1975;
6		(3) is not guilty in a criminal case by reason of
7		insanity, mental disease or defect;
8		(3.5) is guilty but mentally ill, as provided in
9		Section 5-2-6 of the Unified Code of Corrections;
10		(4) is incompetent to stand trial in a criminal case;
11		(5) is not guilty by reason of lack of mental
12		responsibility under Articles 50a and 72b of the Uniform
13		Code of Military Justice, 10 U.S.C. 850a, 876b;
14		(6) is a sexually violent person under subsection (f)
15		of Section 5 of the Sexually Violent Persons Commitment
16		Act;
17		(7) is a sexually dangerous person under the Sexually
18		Dangerous Persons Act;
19		(8) is unfit to stand trial under the Juvenile Court
20		Act of 1987;
21		(9) is not guilty by reason of insanity under the
22		Juvenile Court Act of 1987;
23		(10) is subject to involuntary admission as an
24		inpatient as defined in Section 1-119 of the Mental Health
25		and Developmental Disabilities Code;
26		(11) is subject to involuntary admission as an

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1		outpatient as defined in Section 1-119.1 of the Mental
2		Health and Developmental Disabilities Code;
3		(12) is subject to judicial admission as set forth in
4		Section 4-500 of the Mental Health and Developmental
5		Disabilities Code; or
6		(13) is subject to the provisions of the Interstate
7		Agreements on Sexually Dangerous Persons Act.
8		"Clear and present danger" means a person who:
9		(1) communicates a serious threat of physical violence
10		against a reasonably identifiable victim or poses a clear
11		and imminent risk of serious physical injury to himself,
12		herself, or another person as determined by a physician,
13		clinical psychologist, or qualified examiner; or
14		(2) demonstrates threatening physical or verbal
15		behavior, such as violent, suicidal, or assaultive
16		threats, actions, or other behavior, as determined by a
17		physician, clinical psychologist, qualified examiner,
18		school administrator, or law enforcement official.
19		"Clinical psychologist" has the meaning provided in
20		Section 1-103 of the Mental Health and Developmental
21		Disabilities Code.
22		"Controlled substance" means a controlled substance or
23		controlled substance analog as defined in the Illinois
24		Controlled Substances Act.
25		"Counterfeit" means to copy or imitate, without legal
26		authority, with intent to deceive.

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1		disability
2		This disability results in the professional opinion of a
3		physician, clinical psychologist, or qualified examiner, in
4		significant functional limitations in 3 or more of the
5		following areas of major life activity:
6		(i) self-care;
7		(ii) receptive and expressive language;
8		(iii) learning;
9		(iv) mobility; or
10		(v) self-direction.
11		"Federally licensed firearm dealer" means a person who is
12		licensed as a federal firearms dealer under Section 923 of the
13		federal Gun Control Act of 1968 (18 U.S.C. 923).
14		"Firearm" means any device, by whatever name known, which
15		is designed to expel a projectile or projectiles by the action
16		of an explosion, expansion of gas or escape of gas; excluding,
17		however:
18		(1) any pneumatic gun, spring gun, paint ball gun, or
19		B-B gun which expels a single globular projectile not
20		exceeding .18 inch in diameter or which has a maximum
21		muzzle velocity of less than 700 feet per second;
22		(1.1) any pneumatic gun, spring gun, paint ball gun, or
23		B-B gun which expels breakable paint balls containing
24		washable marking colors;
25		(2) any device used exclusively for signalling or
26		safety and required or recommended by the United States

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1		Coast Guard or the Interstate Commerce Commission;
2		(3) any device used exclusively for the firing of stud
3		cartridges, explosive rivets or similar industrial
4		ammunition; and
5		(4) an antique firearm (other than a machine-gun)
6		which, although designed as a weapon, the Department of
7		State Police finds by reason of the date of its
8		manufacture, value, design, and other characteristics is
9		primarily a collector's item and is not likely to be used
10		as a weapon.
11		"Firearm ammunition" means any self-contained cartridge or
12		shotgun shell, by whatever name known, which is designed to be
13		used or adaptable to use in a firearm; excluding, however:
14		(1) any ammunition exclusively designed for use with a
15		device used exclusively for signalling or safety and
16		required or recommended by the United States Coast Guard or
17		the Interstate Commerce Commission; and
18		(2) any ammunition designed exclusively for use with a
19		stud or rivet driver or other similar industrial
20		ammunition.
21		"Gun show" means an event or function:
22		(1) at which the sale and transfer of firearms is the
23		regular and normal course of business and where 50 or more
24		firearms are displayed, offered, or exhibited for sale,
25		transfer, or exchange; or
26		(2) at which not less than 10 gun show vendors display,

HB5540 Enrolled - 1109 - LRB099 16003 AMC 40320 b
1		offer, or exhibit for sale, sell, transfer, or exchange
2		firearms.
3		"Gun show" includes the entire premises provided for an
4		event or function, including parking areas for the event or
5		function, that is sponsored to facilitate the purchase, sale,
6		transfer, or exchange of firearms as described in this Section.
7		Nothing in this definition shall be construed to exclude a gun
8		show held in conjunction with competitive shooting events at
9		the World Shooting Complex sanctioned by a national governing
10		body in which the sale or transfer of firearms is authorized
11		under subparagraph (5) of paragraph (g) of subsection (A) of
12		Section 24-3 of the Criminal Code of 2012.
13		Unless otherwise expressly stated, "gun show" does not
14		include training or safety classes, competitive shooting
15		events, such as rifle, shotgun, or handgun matches, trap,
16		skeet, or sporting clays shoots, dinners, banquets, raffles, or
17		any other event where the sale or transfer of firearms is not
18		the primary course of business.
19		"Gun show promoter" means a person who organizes or
20		operates a gun show.
21		"Gun show vendor" means a person who exhibits, sells,
22		offers for sale, transfers, or exchanges any firearms at a gun
23		show, regardless of whether the person arranges with a gun show
24		promoter for a fixed location from which to exhibit, sell,
25		offer for sale, transfer, or exchange any firearm.
26		"Involuntarily admitted" has the meaning as prescribed in

HB5540 Enrolled - 1110 - LRB099 16003 AMC 40320 b
1		Sections 1-119 and 1-119.1 of the Mental Health and
2		Developmental Disabilities Code.
3		"Mental health facility" means any licensed private
4		hospital or hospital affiliate, institution, or facility, or
5		part thereof, and any facility, or part thereof, operated by
6		the State or a political subdivision thereof which provide
7		treatment of persons with mental illness and includes all
8		hospitals, institutions, clinics, evaluation facilities,
9		mental health centers, colleges, universities, long-term care
10		facilities, and nursing homes, or parts thereof, which provide
11		treatment of persons with mental illness whether or not the
12		primary purpose is to provide treatment of persons with mental
13		illness.
14		"National governing body" means a group of persons who
15		adopt rules and formulate policy on behalf of a national
16		firearm sporting organization.
17		"Patient" means:
18		(1) a person who voluntarily receives mental health
19		treatment as an in-patient or resident of any public or
20		private mental health facility, unless the treatment was
21		solely for an alcohol abuse disorder and no other secondary
22		substance abuse disorder or mental illness; or
23		(2) a person who voluntarily receives mental health
24		treatment as an out-patient or is provided services by a
25		public or private mental health facility, and who poses a
26		clear and present danger to himself, herself, or to others.

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1		"Person with a developmental disability" means a person
2		with a disability which is attributable to any other condition
3		which results in impairment similar to that caused by an
4		intellectual disability and which requires services similar to
5		those required by persons with intellectual disabilities. The
6		disability must originate before the age of 18 years, be
7		expected to continue indefinitely, and constitute a
8		substantial disability. This disability results, in the
9		professional opinion of a physician, clinical psychologist, or
10		qualified examiner, in significant functional limitations in 3
11		or more of the following areas of major life activity:
12		(i) self-care;
13		(ii) receptive and expressive language;
14		(iii) learning;
15		(iv) mobility; or
16		(v) self-direction.
17		"Person with an intellectual disability" means a person
18		with a significantly subaverage general intellectual
19		functioning which exists concurrently with impairment in
20		adaptive behavior and which originates before the age of 18
21		years.
22		"Physician" has the meaning as defined in Section 1-120 of
23		the Mental Health and Developmental Disabilities Code.
24		"Qualified examiner" has the meaning provided in Section
25		1-122 of the Mental Health and Developmental Disabilities Code.
26		"Sanctioned competitive shooting event" means a shooting

HB5540 Enrolled - 1112 - LRB099 16003 AMC 40320 b
1		contest officially recognized by a national or state shooting
2		sport association, and includes any sight-in or practice
3		conducted in conjunction with the event.
4		"School administrator" means the person required to report
5		under the School Administrator Reporting of Mental Health Clear
6		and Present Danger Determinations Law.
7		"Stun gun or taser" has the meaning ascribed to it in
8		Section 24-1 of the Criminal Code of 2012.
9		(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
10		eff. 7-27-15; revised 10-20-15.)
11		Section 495. The Beef Market Development Act is amended by
12		changing Section 7 as follows:
13		(505 ILCS 25/7) (from Ch. 5, par. 1407)
14		Sec. 7. Acceptance of grants and gifts. (a) The Checkoff
15		Division may accept grants, donations, contributions, or gifts
16		from any source, provided the use of such resources is not
17		restricted in any manner which is deemed inconsistent with the
18		objectives of the program.
19		(Source: P.A. 99-389, eff. 8-18-15; revised 10-16-15.)
20		Section 500. The Illinois Conservation Enhancement Act is
21		amended by changing Section 2-2 as follows:
22		(505 ILCS 35/2-2) (from Ch. 5, par. 2402-2)

HB5540 Enrolled - 1113 - LRB099 16003 AMC 40320 b
1		Sec. 2-2. Payments to the landowner. The Director shall,
2		subject to available funds and appropriations, make the
3		following payments to the landowner:
4		(1) establishment of the perennial cover or other
5		improvements required by the agreement, up to 60% of the cost,
6		but not to exceed $75 per acre, for easements of limited
7		duration;
8		(2) the cost of planting trees required by the agreement,
9		up to 80% of the cost, but not to exceed $75 per acre, for
10		easements of limited duration;
11		(3) a permanent easement, not to exceed 70% of the fair
12		market value at the time the easement is conveyed, and payment
13		of 100% of the cost, but not to exceed $75 per acre, to
14		establish the perennial cover, other improvements or to plant
15		trees required by the agreement; and
16		(4) an easement of limited duration, not to exceed 90% of
17		the present value of the average of the acceptable bids for the
18		federal Conservation Reserve Program, as contained in Public
19		Law Number 99-198, in the relevant geographic area and on bids
20		made immediately prior to when the easement is conveyed. If
21		federal bid figures have not been determined for the area, or
22		the federal program has been discontinued, the rate paid shall
23		be determined by the Director.
24		The Director may not pay more than $50,000 annually to a
25		landowner for the landowner's conservation easements and
26		agreements. Any cost-share payments shall be in addition to

HB5540 Enrolled - 1114 - LRB099 16003 AMC 40320 b
1		this $50,000 limit.
2		The Director may supplement cost-share payments made under
3		other local, State or federal programs, not to exceed $75 an
4		and acre, to the extent of available appropriations. The
5		supplemental cost-share payments must be used to establish
6		perennial cover on land enrolled in programs approved by the
7		Director.
8		(Source: P.A. 85-1332; revised 10-16-15.)
9		Section 505. The Animal Control Act is amended by changing
10		Section 15 as follows:
11		(510 ILCS 5/15) (from Ch. 8, par. 365)
12		Sec. 15. (a) In order to have a dog deemed "vicious", the
13		Administrator, Deputy Administrator, or law enforcement
14		officer must give notice of the infraction that is the basis of
15		the investigation to the owner, conduct a thorough
16		investigation, interview any witnesses, including the owner,
17		gather any existing medical records, veterinary medical
18		records or behavioral evidence, and make a detailed report
19		recommending a finding that the dog is a vicious dog and give
20		the report to the State's States Attorney's Office and the
21		owner. The Administrator, State's Attorney, Director or any
22		citizen of the county in which the dog exists may file a
23		complaint in the circuit court in the name of the People of the
24		State of Illinois to deem a dog to be a vicious dog. Testimony

HB5540 Enrolled - 1115 - LRB099 16003 AMC 40320 b
1		of a certified applied behaviorist, a board certified
2		veterinary behaviorist, or another recognized expert may be
3		relevant to the court's determination of whether the dog's
4		behavior was justified. The petitioner must prove the dog is a
5		vicious dog by clear and convincing evidence. The Administrator
6		shall determine where the animal shall be confined during the
7		pendency of the case.
8		A dog may not be declared vicious if the court determines
9		the conduct of the dog was justified because:
10		(1) the threat, injury, or death was sustained by a
11		person who at the time was committing a crime or offense
12		upon the owner or custodian of the dog, or was committing a
13		willful trespass or other tort upon the premises or
14		property owned or occupied by the owner of the animal;
15		(2) the injured, threatened, or killed person was
16		abusing, assaulting, or physically threatening the dog or
17		its offspring, or has in the past abused, assaulted, or
18		physically threatened the dog or its offspring; or
19		(3) the dog was responding to pain or injury, or was
20		protecting itself, its owner, custodian, or member of its
21		household, kennel, or offspring.
22		No dog shall be deemed "vicious" if it is a professionally
23		trained dog for law enforcement or guard duties. Vicious dogs
24		shall not be classified in a manner that is specific as to
25		breed.
26		If the burden of proof has been met, the court shall deem

HB5540 Enrolled - 1116 - LRB099 16003 AMC 40320 b
1		the dog to be a vicious dog.
2		If a dog is found to be a vicious dog, the owner shall pay a
3		$100 public safety fine to be deposited into the Pet Population
4		Control Fund, the dog shall be spayed or neutered within 10
5		days of the finding at the expense of its owner and
6		microchipped, if not already, and the dog is subject to
7		enclosure. If an owner fails to comply with these requirements,
8		the animal control agency shall impound the dog and the owner
9		shall pay a $500 fine plus impoundment fees to the animal
10		control agency impounding the dog. The judge has the discretion
11		to order a vicious dog be euthanized. A dog found to be a
12		vicious dog shall not be released to the owner until the
13		Administrator, an Animal Control Warden, or the Director
14		approves the enclosure. No owner or keeper of a vicious dog
15		shall sell or give away the dog without approval from the
16		Administrator or court. Whenever an owner of a vicious dog
17		relocates, he or she shall notify both the Administrator of
18		County Animal Control where he or she has relocated and the
19		Administrator of County Animal Control where he or she formerly
20		resided.
21		(b) It shall be unlawful for any person to keep or maintain
22		any dog which has been found to be a vicious dog unless the dog
23		is kept in an enclosure. The only times that a vicious dog may
24		be allowed out of the enclosure are (1) if it is necessary for
25		the owner or keeper to obtain veterinary care for the dog, (2)
26		in the case of an emergency or natural disaster where the dog's

HB5540 Enrolled - 1117 - LRB099 16003 AMC 40320 b
1		life is threatened, or (3) to comply with the order of a court
2		of competent jurisdiction, provided that the dog is securely
3		muzzled and restrained with a leash not exceeding 6 feet in
4		length, and shall be under the direct control and supervision
5		of the owner or keeper of the dog or muzzled in its residence.
6		Any dog which has been found to be a vicious dog and which
7		is not confined to an enclosure shall be impounded by the
8		Administrator, an Animal Control Warden, or the law enforcement
9		authority having jurisdiction in such area.
10		If the owner of the dog has not appealed the impoundment
11		order to the circuit court in the county in which the animal
12		was impounded within 15 working days, the dog may be
13		euthanized.
14		Upon filing a notice of appeal, the order of euthanasia
15		shall be automatically stayed pending the outcome of the
16		appeal. The owner shall bear the burden of timely notification
17		to animal control in writing.
18		Guide dogs for the blind or hearing impaired, support dogs
19		for persons with physical disabilities, accelerant detection
20		dogs, and sentry, guard, or police-owned dogs are exempt from
21		this Section; provided, an attack or injury to a person occurs
22		while the dog is performing duties as expected. To qualify for
23		exemption under this Section, each such dog shall be currently
24		inoculated against rabies in accordance with Section 8 of this
25		Act. It shall be the duty of the owner of such exempted dog to
26		notify the Administrator of changes of address. In the case of

HB5540 Enrolled - 1118 - LRB099 16003 AMC 40320 b
1		a sentry or guard dog, the owner shall keep the Administrator
2		advised of the location where such dog will be stationed. The
3		Administrator shall provide police and fire departments with a
4		categorized list of such exempted dogs, and shall promptly
5		notify such departments of any address changes reported to him.
6		(c) If the animal control agency has custody of the dog,
7		the agency may file a petition with the court requesting that
8		the owner be ordered to post security. The security must be in
9		an amount sufficient to secure payment of all reasonable
10		expenses expected to be incurred by the animal control agency
11		or animal shelter in caring for and providing for the dog
12		pending the determination. Reasonable expenses include, but
13		are not limited to, estimated medical care and boarding of the
14		animal for 30 days. If security has been posted in accordance
15		with this Section, the animal control agency may draw from the
16		security the actual costs incurred by the agency in caring for
17		the dog.
18		(d) Upon receipt of a petition, the court must set a
19		hearing on the petition, to be conducted within 5 business days
20		after the petition is filed. The petitioner must serve a true
21		copy of the petition upon the defendant.
22		(e) If the court orders the posting of security, the
23		security must be posted with the clerk of the court within 5
24		business days after the hearing. If the person ordered to post
25		security does not do so, the dog is forfeited by operation of
26		law and the animal control agency must dispose of the animal

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1		through adoption or humane euthanization.
2		(Source: P.A. 99-143, eff. 7-27-15; revised 10-20-15.)
3		Section 510. The Herptiles-Herps Act is amended by changing
4		Section 80-5 as follows:
5		(510 ILCS 68/80-5)
6		Sec. 80-5. Injury to a member of public by special use
7		herptiles. A person who possesses a special use herptile
8		without complying with the requirements of this Act and the
9		rules adopted under the authority of this Act and whose special
10		use herptile harms a person when the possessor knew or should
11		have known that the herptile had a propensity, when provoked or
12		unprovoked, to harm, cause injury to, or otherwise
13		substantially endanger a member of the public is guilty of a
14		Class A misdemeanor. A person who fails to comply with the
15		provisions of this Act and the rules adopted under the
16		authority of this Act and who intentionally or knowingly allows
17		allow a special use herptile to cause great bodily harm to, or
18		the death of, a human is guilty of a Class 4 felony.
19		(Source: P.A. 98-752, eff. 1-1-15; revised 10-20-15.)
20		Section 515. The Humane Care for Animals Act is amended by
21		changing Section 3.01 as follows:
22		(510 ILCS 70/3.01) (from Ch. 8, par. 703.01)

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1		Sec. 3.01. Cruel treatment.
2		(a) No person or owner may beat, cruelly treat, torment,
3		starve, overwork or otherwise abuse any animal.
4		(b) No owner may abandon any animal where it may become a
5		public charge or may suffer injury, hunger or exposure.
6		(c) No owner of a dog or cat that is a companion animal may
7		expose the dog or cat in a manner that places the dog or cat in
8		a life-threatening situation for a prolonged period of time in
9		extreme heat or cold conditions that results in injury to or
10		death of the animal.
11		(d) (c) A person convicted of violating this Section is
12		guilty of a Class A misdemeanor. A second or subsequent
13		conviction for a violation of this Section is a Class 4 felony.
14		In addition to any other penalty provided by law, a person who
15		is convicted of violating subsection (a) upon a companion
16		animal in the presence of a child, as defined in Section 12-0.1
17		of the Criminal Code of 2012, shall be subject to a fine of
18		$250 and ordered to perform community service for not less than
19		100 hours. In addition to any other penalty provided by law,
20		upon conviction for violating this Section, the court may order
21		the convicted person to undergo a psychological or psychiatric
22		evaluation and to undergo any treatment at the convicted
23		person's expense that the court determines to be appropriate
24		after due consideration of the evidence. If the convicted
25		person is a juvenile or a companion animal hoarder, the court
26		must order the convicted person to undergo a psychological or

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1		psychiatric evaluation and to undergo treatment that the court
2		determines to be appropriate after due consideration of the
3		evaluation.
4		(Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; revised
5		10-20-15.)
6		Section 520. The Wildlife Code is amended by changing
7		Sections 2.26, 2.33, and 3.31 as follows:
8		(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
9		Sec. 2.26. Deer hunting permits. In this Section, "bona
10		fide equity shareholder" means an individual who (1) purchased,
11		for market price, publicly sold stock shares in a corporation,
12		purchased shares of a privately-held corporation for a value
13		equal to the percentage of the appraised value of the corporate
14		assets represented by the ownership in the corporation, or is a
15		member of a closely-held family-owned corporation and has
16		purchased or been gifted with shares of stock in the
17		corporation accurately reflecting his or her percentage of
18		ownership and (2) intends to retain the ownership of the shares
19		of stock for at least 5 years.
20		In this Section, "bona fide equity member" means an
21		individual who (1) (i) became a member upon the formation of
22		the limited liability company or (ii) has purchased a
23		distributional interest in a limited liability company for a
24		value equal to the percentage of the appraised value of the LLC

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1		assets represented by the distributional interest in the LLC
2		and subsequently becomes a member of the company pursuant to
3		Article 30 of the Limited Liability Company Act and who (2)
4		intends to retain the membership for at least 5 years.
5		In this Section, "bona fide equity partner" means an
6		individual who (1) (i) became a partner, either general or
7		limited, upon the formation of a partnership or limited
8		partnership, or (ii) has purchased, acquired, or been gifted a
9		partnership interest accurately representing his or her
10		percentage distributional interest in the profits, losses, and
11		assets of a partnership or limited partnership, (2) intends to
12		retain ownership of the partnership interest for at least 5
13		years, and (3) is a resident of Illinois.
14		Any person attempting to take deer shall first obtain a
15		"Deer Hunting Permit" issued by the Department in accordance
16		with its administrative rules. Those rules must provide for the
17		issuance of the following types of resident deer archery
18		permits: (i) a combination permit, consisting of one either-sex
19		permit and one antlerless-only permit, (ii) a single
20		antlerless-only permit, and (iii) a single either-sex permit.
21		The fee for a Deer Hunting Permit to take deer with either bow
22		and arrow or gun shall not exceed $25.00 for residents of the
23		State. The Department may by administrative rule provide for
24		non-resident deer hunting permits for which the fee will not
25		exceed $300 in 2005, $350 in 2006, and $400 in 2007 and
26		thereafter except as provided below for non-resident

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1		landowners and non-resident archery hunters. The Department
2		may by administrative rule provide for a non-resident archery
3		deer permit consisting of not more than 2 harvest tags at a
4		total cost not to exceed $325 in 2005, $375 in 2006, and $425
5		in 2007 and thereafter. Permits shall be issued without charge
6		to:
7		(a) Illinois landowners residing in Illinois who own at
8		least 40 acres of Illinois land and wish to hunt their land
9		only,
10		(b) resident tenants of at least 40 acres of commercial
11		agricultural land where they will hunt, and
12		(c) Bona fide equity shareholders of a corporation,
13		bona fide equity members of a limited liability company, or
14		bona fide equity partners of a general or limited
15		partnership which owns at least 40 acres of land in a
16		county in Illinois who wish to hunt on the corporation's,
17		company's, or partnership's land only. One permit shall be
18		issued without charge to one bona fide equity shareholder,
19		one bona fide equity member, or one bona fide equity
20		partner for each 40 acres of land owned by the corporation,
21		company, or partnership in a county; however, the number of
22		permits issued without charge to bona fide equity
23		shareholders of any corporation or bona fide equity members
24		of a limited liability company in any county shall not
25		exceed 15, and shall not exceed 3 in the case of bona fide
26		equity partners of a partnership.

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1		Bona fide landowners or tenants who do not wish to hunt
2		only on the land they own, rent, or lease or bona fide equity
3		shareholders, bona fide equity members, or bona fide equity
4		partners who do not wish to hunt only on the land owned by the
5		corporation, limited liability company, or partnership shall
6		be charged the same fee as the applicant who is not a
7		landowner, tenant, bona fide equity shareholder, bona fide
8		equity member, or bona fide equity partner. Nonresidents of
9		Illinois who own at least 40 acres of land and wish to hunt on
10		their land only shall be charged a fee set by administrative
11		rule. The method for obtaining these permits shall be
12		prescribed by administrative rule.
13		The deer hunting permit issued without fee shall be valid
14		on all farm lands which the person to whom it is issued owns,
15		leases or rents, except that in the case of a permit issued to
16		a bona fide equity shareholder, bona fide equity member, or
17		bona fide equity partner, the permit shall be valid on all
18		lands owned by the corporation, limited liability company, or
19		partnership in the county.
20		The standards and specifications for use of guns and bow
21		and arrow for deer hunting shall be established by
22		administrative rule.
23		No person may have in his possession any firearm not
24		authorized by administrative rule for a specific hunting season
25		when taking deer.
26		Persons having a firearm deer hunting permit shall be

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1		permitted to take deer only during the period from 1/2 hour
2		before sunrise to 1/2 hour after sunset, and only during those
3		days for which an open season is established for the taking of
4		deer by use of shotgun, handgun, or muzzle loading rifle.
5		Persons having an archery deer hunting permit shall be
6		permitted to take deer only during the period from 1/2 hour
7		before sunrise to 1/2 hour after sunset, and only during those
8		days for which an open season is established for the taking of
9		deer by use of bow and arrow.
10		It shall be unlawful for any person to take deer by use of
11		dogs, horses, automobiles, aircraft or other vehicles, or by
12		the use or aid of bait or baiting of any kind. For the purposes
13		of this Section, "bait" means any material, whether liquid or
14		solid, including food, salt, minerals, and other products,
15		except pure water, that can be ingested, placed, or scattered
16		in such a manner as to attract or lure white-tailed deer.
17		"Baiting" means the placement or scattering of bait to attract
18		deer. An area is considered as baited during the presence of
19		and for 10 consecutive days following the removal of bait.
20		Nothing in this Section shall prohibit the use of a dog to
21		track wounded deer. Any person using a dog for tracking wounded
22		deer must maintain physical control of the dog at all times by
23		means of a maximum 50 foot lead attached to the dog's collar or
24		harness. Tracking wounded deer is permissible at night, but at
25		no time outside of legal deer hunting hours or seasons shall
26		any person handling or accompanying a dog being used for

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1		tracking wounded deer be in possession of any firearm or
2		archery device. Persons tracking wounded deer with a dog during
3		the firearm deer seasons shall wear blaze orange as required.
4		Dog handlers tracking wounded deer with a dog are exempt from
5		hunting license and deer permit requirements so long as they
6		are accompanied by the licensed deer hunter who wounded the
7		deer.
8		It shall be unlawful to possess or transport any wild deer
9		which has been injured or killed in any manner upon a public
10		highway or public right-of-way of this State unless exempted by
11		administrative rule.
12		Persons hunting deer must have gun unloaded and no bow and
13		arrow device shall be carried with the arrow in the nocked
14		position during hours when deer hunting is unlawful.
15		It shall be unlawful for any person, having taken the legal
16		limit of deer by gun, to further participate with gun in any
17		deer hunting party.
18		It shall be unlawful for any person, having taken the legal
19		limit of deer by bow and arrow, to further participate with bow
20		and arrow in any deer hunting party.
21		The Department may prohibit upland game hunting during the
22		gun deer season by administrative rule.
23		The Department shall not limit the number of non-resident,
24		either-sex either sex archery deer hunting permits to less than
25		20,000.
26		Any person who violates any of the provisions of this

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1		Section, including administrative rules, shall be guilty of a
2		Class B misdemeanor.
3		For the purposes of calculating acreage under this Section,
4		the Department shall, after determining the total acreage of
5		the applicable tract or tracts of land, round remaining
6		fractional portions of an acre greater than or equal to half of
7		an acre up to the next whole acre.
8		For the purposes of taking white-tailed deer, nothing in
9		this Section shall be construed to prevent the manipulation,
10		including mowing or cutting, of standing crops as a normal
11		agricultural or soil stabilization practice, food plots, or
12		normal agricultural practices, including planting, harvesting,
13		and maintenance such as cultivating or the use of products
14		designed for scent only and not capable of ingestion, solid or
15		liquid, placed or scattered, in such a manner as to attract or
16		lure deer. Such manipulation for the purpose of taking
17		white-tailed deer may be further modified by administrative
18		rule.
19		(Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12;
20		98-180, eff. 8-5-13; revised 10-20-15.)
21		(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
22		Sec. 2.33. Prohibitions.
23		(a) It is unlawful to carry or possess any gun in any State
24		refuge unless otherwise permitted by administrative rule.
25		(b) It is unlawful to use or possess any snare or

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1		snare-like device, deadfall, net, or pit trap to take any
2		species, except that snares not powered by springs or other
3		mechanical devices may be used to trap fur-bearing mammals, in
4		water sets only, if at least one-half of the snare noose is
5		located underwater at all times.
6		(c) It is unlawful for any person at any time to take a
7		wild mammal protected by this Act from its den by means of any
8		mechanical device, spade, or digging device or to use smoke or
9		other gases to dislodge or remove such mammal except as
10		provided in Section 2.37.
11		(d) It is unlawful to use a ferret or any other small
12		mammal which is used in the same or similar manner for which
13		ferrets are used for the purpose of frightening or driving any
14		mammals from their dens or hiding places.
15		(e) (Blank).
16		(f) It is unlawful to use spears, gigs, hooks or any like
17		device to take any species protected by this Act.
18		(g) It is unlawful to use poisons, chemicals or explosives
19		for the purpose of taking any species protected by this Act.
20		(h) It is unlawful to hunt adjacent to or near any peat,
21		grass, brush or other inflammable substance when it is burning.
22		(i) It is unlawful to take, pursue or intentionally harass
23		or disturb in any manner any wild birds or mammals by use or
24		aid of any vehicle or conveyance, except as permitted by the
25		Code of Federal Regulations for the taking of waterfowl. It is
26		also unlawful to use the lights of any vehicle or conveyance or

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1		any light from or any light connected to the vehicle or
2		conveyance in any area where wildlife may be found except in
3		accordance with Section 2.37 of this Act; however, nothing in
4		this Section shall prohibit the normal use of headlamps for the
5		purpose of driving upon a roadway. Striped skunk, opossum, red
6		fox, gray fox, raccoon, bobcat, and coyote may be taken during
7		the open season by use of a small light which is worn on the
8		body or hand-held by a person on foot and not in any vehicle.
9		(j) It is unlawful to use any shotgun larger than 10 gauge
10		while taking or attempting to take any of the species protected
11		by this Act.
12		(k) It is unlawful to use or possess in the field any
13		shotgun shell loaded with a shot size larger than lead BB or
14		steel T (.20 diameter) when taking or attempting to take any
15		species of wild game mammals (excluding white-tailed deer),
16		wild game birds, migratory waterfowl or migratory game birds
17		protected by this Act, except white-tailed deer as provided for
18		in Section 2.26 and other species as provided for by subsection
19		(l) or administrative rule.
20		(l) It is unlawful to take any species of wild game, except
21		white-tailed deer and fur-bearing mammals, with a shotgun
22		loaded with slugs unless otherwise provided for by
23		administrative rule.
24		(m) It is unlawful to use any shotgun capable of holding
25		more than 3 shells in the magazine or chamber combined, except
26		on game breeding and hunting preserve areas licensed under

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1		Section 3.27 and except as permitted by the Code of Federal
2		Regulations for the taking of waterfowl. If the shotgun is
3		capable of holding more than 3 shells, it shall, while being
4		used on an area other than a game breeding and shooting
5		preserve area licensed pursuant to Section 3.27, be fitted with
6		a one piece plug that is irremovable without dismantling the
7		shotgun or otherwise altered to render it incapable of holding
8		more than 3 shells in the magazine and chamber, combined.
9		(n) It is unlawful for any person, except persons who
10		possess a permit to hunt from a vehicle as provided in this
11		Section and persons otherwise permitted by law, to have or
12		carry any gun in or on any vehicle, conveyance or aircraft,
13		unless such gun is unloaded and enclosed in a case, except that
14		at field trials authorized by Section 2.34 of this Act,
15		unloaded guns or guns loaded with blank cartridges only, may be
16		carried on horseback while not contained in a case, or to have
17		or carry any bow or arrow device in or on any vehicle unless
18		such bow or arrow device is unstrung or enclosed in a case, or
19		otherwise made inoperable.
20		(o) It is unlawful to use any crossbow for the purpose of
21		taking any wild birds or mammals, except as provided for in
22		Section 2.5.
23		(p) It is unlawful to take game birds, migratory game birds
24		or migratory waterfowl with a rifle, pistol, revolver or
25		airgun.
26		(q) It is unlawful to fire a rifle, pistol, revolver or

HB5540 Enrolled - 1131 - LRB099 16003 AMC 40320 b
1		airgun on, over or into any waters of this State, including
2		frozen waters.
3		(r) It is unlawful to discharge any gun or bow and arrow
4		device along, upon, across, or from any public right-of-way or
5		highway in this State.
6		(s) It is unlawful to use a silencer or other device to
7		muffle or mute the sound of the explosion or report resulting
8		from the firing of any gun.
9		(t) It is unlawful for any person to take or attempt to
10		take any species of wildlife or parts thereof, intentionally or
11		wantonly allow a dog to hunt, within or upon the land of
12		another, or upon waters flowing over or standing on the land of
13		another, or to knowingly shoot a gun or bow and arrow device at
14		any wildlife physically on or flying over the property of
15		another without first obtaining permission from the owner or
16		the owner's designee. For the purposes of this Section, the
17		owner's designee means anyone who the owner designates in a
18		written authorization and the authorization must contain (i)
19		the legal or common description of property for such authority
20		is given, (ii) the extent that the owner's designee is
21		authorized to make decisions regarding who is allowed to take
22		or attempt to take any species of wildlife or parts thereof,
23		and (iii) the owner's notarized signature. Before enforcing
24		this Section the law enforcement officer must have received
25		notice from the owner or the owner's designee of a violation of
26		this Section. Statements made to the law enforcement officer

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1		regarding this notice shall not be rendered inadmissible by the
2		hearsay rule when offered for the purpose of showing the
3		required notice.
4		(u) It is unlawful for any person to discharge any firearm
5		for the purpose of taking any of the species protected by this
6		Act, or hunt with gun or dog, or intentionally or wantonly
7		allow a dog to hunt, within 300 yards of an inhabited dwelling
8		without first obtaining permission from the owner or tenant,
9		except that while trapping, hunting with bow and arrow, hunting
10		with dog and shotgun using shot shells only, or hunting with
11		shotgun using shot shells only, or providing outfitting
12		services under a waterfowl outfitter permit, or on licensed
13		game breeding and hunting preserve areas, as defined in Section
14		3.27, on federally owned and managed lands and on Department
15		owned, managed, leased, or controlled lands, a 100 yard
16		restriction shall apply.
17		(v) It is unlawful for any person to remove fur-bearing
18		mammals from, or to move or disturb in any manner, the traps
19		owned by another person without written authorization of the
20		owner to do so.
21		(w) It is unlawful for any owner of a dog to knowingly or
22		wantonly allow his or her dog to pursue, harass or kill deer,
23		except that nothing in this Section shall prohibit the tracking
24		of wounded deer with a dog in accordance with the provisions of
25		Section 2.26 of this Code.
26		(x) It is unlawful for any person to wantonly or carelessly

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1		injure or destroy, in any manner whatsoever, any real or
2		personal property on the land of another while engaged in
3		hunting or trapping thereon.
4		(y) It is unlawful to hunt wild game protected by this Act
5		between one half hour after sunset and one half hour before
6		sunrise, except that hunting hours between one half hour after
7		sunset and one half hour before sunrise may be established by
8		administrative rule for fur-bearing mammals.
9		(z) It is unlawful to take any game bird (excluding wild
10		turkeys and crippled pheasants not capable of normal flight and
11		otherwise irretrievable) protected by this Act when not flying.
12		Nothing in this Section shall prohibit a person from carrying
13		an uncased, unloaded shotgun in a boat, while in pursuit of a
14		crippled migratory waterfowl that is incapable of normal
15		flight, for the purpose of attempting to reduce the migratory
16		waterfowl to possession, provided that the attempt is made
17		immediately upon downing the migratory waterfowl and is done
18		within 400 yards of the blind from which the migratory
19		waterfowl was downed. This exception shall apply only to
20		migratory game birds that are not capable of normal flight.
21		Migratory waterfowl that are crippled may be taken only with a
22		shotgun as regulated by subsection (j) of this Section using
23		shotgun shells as regulated in subsection (k) of this Section.
24		(aa) It is unlawful to use or possess any device that may
25		be used for tree climbing or cutting, while hunting fur-bearing
26		mammals, excluding coyotes.

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1		(bb) It is unlawful for any person, except licensed game
2		breeders, pursuant to Section 2.29 to import, carry into, or
3		possess alive in this State any species of wildlife taken
4		outside of this State, without obtaining permission to do so
5		from the Director.
6		(cc) It is unlawful for any person to have in his or her
7		possession any freshly killed species protected by this Act
8		during the season closed for taking.
9		(dd) It is unlawful to take any species protected by this
10		Act and retain it alive except as provided by administrative
11		rule.
12		(ee) It is unlawful to possess any rifle while in the field
13		during gun deer season except as provided in Section 2.26 and
14		administrative rules.
15		(ff) It is unlawful for any person to take any species
16		protected by this Act, except migratory waterfowl, during the
17		gun deer hunting season in those counties open to gun deer
18		hunting, unless he or she wears, when in the field, a cap and
19		upper outer garment of a solid blaze orange color, with such
20		articles of clothing displaying a minimum of 400 square inches
21		of blaze orange material.
22		(gg) It is unlawful during the upland game season for any
23		person to take upland game with a firearm unless he or she
24		wears, while in the field, a cap of solid blaze orange color.
25		For purposes of this Act, upland game is defined as Bobwhite
26		Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern

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1		Cottontail and Swamp Rabbit.
2		(hh) It shall be unlawful to kill or cripple any species
3		protected by this Act for which there is a bag limit without
4		making a reasonable effort to retrieve such species and include
5		such in the bag limit. It shall be unlawful for any person
6		having control over harvested game mammals, game birds, or
7		migratory game birds for which there is a bag limit to wantonly
8		waste or destroy the usable meat of the game, except this shall
9		not apply to wildlife taken under Sections 2.37 or 3.22 of this
10		Code. For purposes of this subsection, "usable meat" means the
11		breast meat of a game bird or migratory game bird and the hind
12		ham and front shoulders of a game mammal. It shall be unlawful
13		for any person to place, leave, dump, or abandon a wildlife
14		carcass or parts of it along or upon a public right-of-way or
15		highway or on public or private property, including a waterway
16		or stream, without the permission of the owner or tenant. It
17		shall not be unlawful to discard game meat that is determined
18		to be unfit for human consumption.
19		(ii) This Section shall apply only to those species
20		protected by this Act taken within the State. Any species or
21		any parts thereof, legally taken in and transported from other
22		states or countries, may be possessed within the State, except
23		as provided in this Section and Sections 2.35, 2.36 and 3.21.
24		(jj) (Blank).
25		(kk) Nothing contained in this Section shall prohibit the
26		Director from issuing permits to paraplegics or to other

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1		persons with disabilities who meet the requirements set forth
2		in administrative rule to shoot or hunt from a vehicle as
3		provided by that rule, provided that such is otherwise in
4		accord with this Act.
5		(ll) Nothing contained in this Act shall prohibit the
6		taking of aquatic life protected by the Fish and Aquatic Life
7		Code or birds and mammals protected by this Act, except deer
8		and fur-bearing mammals, from a boat not camouflaged or
9		disguised to alter its identity or to further provide a place
10		of concealment and not propelled by sail or mechanical power.
11		However, only shotguns not larger than 10 gauge nor smaller
12		than .410 bore loaded with not more than 3 shells of a shot
13		size no larger than lead BB or steel T (.20 diameter) may be
14		used to take species protected by this Act.
15		(mm) Nothing contained in this Act shall prohibit the use
16		of a shotgun, not larger than 10 gauge nor smaller than a 20
17		gauge, with a rifled barrel.
18		(nn) It shall be unlawful to possess any species of
19		wildlife or wildlife parts taken unlawfully in Illinois, any
20		other state, or any other country, whether or not the wildlife
21		or wildlife parts is indigenous to Illinois. For the purposes
22		of this subsection, the statute of limitations for unlawful
23		possession of wildlife or wildlife parts shall not cease until
24		2 years after the possession has permanently ended.
25		(Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,
26		eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,

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1		eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; revised
2		10-20-15.)
3		(520 ILCS 5/3.31) (from Ch. 61, par. 3.31)
4		Sec. 3.31. The Department may designate any operator of a
5		licensed license game breeding and hunting preserve area or any
6		of his or its agents or employees as a special representative
7		of the Department with power to enforce the game laws and to
8		prevent trespassing upon such property; provided that not more
9		than two special representatives may be appointed for each such
10		preserve. Such special representative shall be subject to rules
11		and regulations to be prescribed by the Department and shall
12		serve without compensation from the Department.
13		(Source: P.A. 84-150; revised 10-20-15.)
14		Section 525. The Illinois Vehicle Code is amended by
15		changing Sections 3-415, 3-616, 3-626, 3-801, 3-806.3, 3-818,
16		6-106.1, 6-115, 6-118, 6-205, 6-206, 6-208, 6-302, 11-501.01,
17		11-605.1, 12-215, and 15-316 as follows:
18		(625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)
19		Sec. 3-415. Application for and renewal of registration.
20		(a) Calendar year. Application for renewal of a vehicle
21		registration shall be made by the owner, as to those vehicles
22		required to be registered on a calendar registration year, not
23		later than December 1 of each year, upon proper application and

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1		by payment of the registration fee and tax for such vehicle, as
2		provided by law except that application for renewal of a
3		vehicle registration, as to those vehicles required to be
4		registered on a staggered calendar year basis, shall be made by
5		the owner in the form and manner prescribed by the Secretary of
6		State.
7		(b) Fiscal year. Application for renewal of a vehicle
8		registration shall be made by the owner, as to those vehicles
9		required to be registered on a fiscal registration year, not
10		later than June 1 of each year, upon proper application and by
11		payment of the registration fee and tax for such vehicle as
12		provided by law, except that application for renewal of a
13		vehicle registration, as to those vehicles required to be
14		registered on a staggered fiscal year basis, shall be made by
15		the owner in the form and manner prescribed by the Secretary of
16		State.
17		(c) Two calendar years. Application for renewal of a
18		vehicle registration shall be made by the owner, as to those
19		vehicles required to be registered for 2 calendar years, not
20		later than December 1 of the year preceding commencement of the
21		2-year registration period, except that application for
22		renewal of a vehicle registration, as to those vehicles
23		required to be registered for 2 years on a staggered
24		registration basis, shall be made by the owner in the form and
25		manner prescribed by the Secretary of State.
26		(d) Two fiscal years. Application for renewal of a vehicle

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1		registration shall be made by the owner, as to those vehicles
2		required to be registered for 2 fiscal years, not later than
3		June 1 immediately preceding commencement of the 2-year
4		registration period, except that application for renewal of a
5		vehicle registration, as to those vehicles required to be
6		registered for 2 fiscal years on a staggered registration
7		basis, shall be made by the owner in the form and manner
8		prescribed by the Secretary of State.
9		(d-5) Three calendar years. Application for renewal of a
10		vehicle registration shall be made by the owner, as to those
11		vehicles required to be registered for 3 calendar years, not
12		later than December 1 of the year preceding commencement of the
13		3-year registration period.
14		(d-10) Five calendar years. Application for renewal of a
15		vehicle registration shall be made by the owner, as to those
16		vehicles required to be registered for 5 calendar years, not
17		later than December 1 of the year preceding commencement of the
18		5-year registration period.
19		(e) Time of application. The Secretary of State may receive
20		applications for renewal of registration and grant the same and
21		issue new registration cards and plates or registration
22		stickers at any time prior to expiration of registration. No
23		person shall display upon a vehicle, the new registration
24		plates or registration stickers prior to the dates the
25		Secretary of State in his discretion may select.
26		(f) Verification. The Secretary of State may further

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1		require, as to vehicles for-hire, that applications be
2		accompanied by verification that fees due under the Illinois
3		Motor Carrier of Property Law, as amended, have been paid.
4		(g) (Blank).
5		(h) Returning combat mission veterans. Beginning in
6		registration year 2017, the application for renewal, and
7		subsequent fees, of a vehicle registration for a member of the
8		active-duty or reserve component of the United States Armed
9		Forces returning from a combat mission shall not be required
10		for that service member's next scheduled renewal. Proof of
11		combat mission service shall come from the service member's
12		hostile fire pay or imminent danger pay documentation received
13		any time in the 12 months preceding the registration renewal.
14		Nothing in this subsection is applicable to the additional fees
15		incurred by specialty, personalized, or vanity license plates.
16		(Source: P.A. 98-539, eff. 1-1-14; 98-787, eff. 7-25-14; 99-32,
17		eff. 7-10-15; 99-80, eff. 1-1-16; revised 10-19-15.)
18		(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
19		Sec. 3-616. Disability license plates.
20		(a) Upon receiving an application for a certificate of
21		registration for a motor vehicle of the first division or for a
22		motor vehicle of the second division weighing no more than
23		8,000 pounds, accompanied with payment of the registration fees
24		required under this Code from a person with disabilities or a
25		person who is deaf or hard of hearing, the Secretary of State,

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1		if so requested, shall issue to such person registration plates
2		as provided for in Section 3-611, provided that the person with
3		disabilities or person who is deaf or hard of hearing must not
4		be disqualified from obtaining a driver's license under
5		subsection 8 of Section 6-103 of this Code, and further
6		provided that any person making such a request must submit a
7		statement, certified by a licensed physician, by a licensed
8		physician assistant, or by a licensed advanced practice nurse,
9		to the effect that such person is a person with disabilities as
10		defined by Section 1-159.1 of this Code, or alternatively
11		provide adequate documentation that such person has a Class 1A,
12		Class 2A or Type Four disability under the provisions of
13		Section 4A of the Illinois Identification Card Act. For
14		purposes of this Section, an Illinois Person with a Disability
15		Identification Card issued pursuant to the Illinois
16		Identification Card Act indicating that the person thereon
17		named has a disability shall be adequate documentation of such
18		a disability.
19		(b) The Secretary shall issue plates under this Section to
20		a parent or legal guardian of a person with disabilities if the
21		person with disabilities has a Class 1A or Class 2A disability
22		as defined in Section 4A of the Illinois Identification Card
23		Act or is a person with disabilities as defined by Section
24		1-159.1 of this Code, and does not possess a vehicle registered
25		in his or her name, provided that the person with disabilities
26		relies frequently on the parent or legal guardian for

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1		transportation. Only one vehicle per family may be registered
2		under this subsection, unless the applicant can justify in
3		writing the need for one additional set of plates. Any person
4		requesting special plates under this subsection shall submit
5		such documentation or such physician's, physician assistant's,
6		or advanced practice nurse's statement as is required in
7		subsection (a) and a statement describing the circumstances
8		qualifying for issuance of special plates under this
9		subsection. An optometrist may certify a Class 2A Visual
10		Disability, as defined in Section 4A of the Illinois
11		Identification Card Act, for the purpose of qualifying a person
12		with disabilities for special plates under this subsection.
13		(c) The Secretary may issue a parking decal or device to a
14		person with disabilities as defined by Section 1-159.1 without
15		regard to qualification of such person with disabilities for a
16		driver's license or registration of a vehicle by such person
17		with disabilities or such person's immediate family, provided
18		such person with disabilities making such a request has been
19		issued an Illinois Person with a Disability Identification Card
20		indicating that the person named thereon has a Class 1A or
21		Class 2A disability, or alternatively, submits a statement
22		certified by a licensed physician, or by a licensed physician
23		assistant or a licensed advanced practice nurse as provided in
24		subsection (a), to the effect that such person is a person with
25		disabilities as defined by Section 1-159.1. An optometrist may
26		certify a Class 2A Visual Disability as defined in Section 4A

HB5540 Enrolled - 1143 - LRB099 16003 AMC 40320 b
1		of the Illinois Identification Card Act for the purpose of
2		qualifying a person with disabilities for a parking decal or
3		device under this subsection.
4		(d) The Secretary shall prescribe by rules and regulations
5		procedures to certify or re-certify as necessary the
6		eligibility of persons whose disabilities are other than
7		permanent for special plates or parking decals or devices
8		issued under subsections (a), (b) and (c). Except as provided
9		under subsection (f) of this Section, no such special plates,
10		decals or devices shall be issued by the Secretary of State to
11		or on behalf of any person with disabilities unless such person
12		is certified as meeting the definition of a person with
13		disabilities pursuant to Section 1-159.1 or meeting the
14		requirement of a Type Four disability as provided under Section
15		4A of the Illinois Identification Card Act for the period of
16		time that the physician, or the physician assistant or advanced
17		practice nurse as provided in subsection (a), determines the
18		applicant will have the disability, but not to exceed 6 months
19		from the date of certification or recertification.
20		(e) Any person requesting special plates under this Section
21		may also apply to have the special plates personalized, as
22		provided under Section 3-405.1.
23		(f) The Secretary of State, upon application, shall issue
24		disability registration plates or a parking decal to
25		corporations, school districts, State or municipal agencies,
26		limited liability companies, nursing homes, convalescent

HB5540 Enrolled - 1144 - LRB099 16003 AMC 40320 b
1		homes, or special education cooperatives which will transport
2		persons with disabilities. The Secretary shall prescribe by
3		rule a means to certify or re-certify the eligibility of
4		organizations to receive disability plates or decals and to
5		designate which of the 2 person with disabilities emblems shall
6		be placed on qualifying vehicles.
7		(g) The Secretary of State, or his designee, may enter into
8		agreements with other jurisdictions, including foreign
9		jurisdictions, on behalf of this State relating to the
10		extension of parking privileges by such jurisdictions to
11		residents of this State with disabilities who display a special
12		license plate or parking device that contains the International
13		symbol of access on his or her motor vehicle, and to recognize
14		such plates or devices issued by such other jurisdictions. This
15		State shall grant the same parking privileges which are granted
16		to residents of this State with disabilities to any
17		non-resident whose motor vehicle is licensed in another state,
18		district, territory or foreign country if such vehicle displays
19		the international symbol of access or a distinguishing insignia
20		on license plates or parking device issued in accordance with
21		the laws of the non-resident's state, district, territory or
22		foreign country.
23		(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
24		revised 10-19-15.)
25		(625 ILCS 5/3-626)

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1		Sec. 3-626. Korean War Veteran license plates.
2		(a) In addition to any other special license plate, the
3		Secretary, upon receipt of all applicable fees and applications
4		made in the form prescribed by the Secretary of State, may
5		issue special registration plates designated as Korean War
6		Veteran license plates to residents of Illinois who
7		participated in the United States Armed Forces during the
8		Korean War. The special plate issued under this Section shall
9		be affixed only to passenger vehicles of the first division,
10		motorcycles, motor vehicles of the second division weighing not
11		more than 8,000 pounds, and recreational vehicles as defined by
12		Section 1-169 of this Code. Plates issued under this Section
13		shall expire according to the staggered multi-year procedure
14		established by Section 3-414.1 of this Code.
15		(b) The design, color, and format of the plates shall be
16		wholly within the discretion of the Secretary of State. The
17		Secretary may, in his or her discretion, allow the plates to be
18		issued as vanity plates or personalized in accordance with
19		Section 3-405.1 of this Code. The plates are not required to
20		designate "Land Of Lincoln", as prescribed in subsection (b) of
21		Section 3-412 of this Code. The Secretary shall prescribe the
22		eligibility requirements and, in his or her discretion, shall
23		approve and prescribe stickers or decals as provided under
24		Section 3-412.
25		(c) (Blank).
26		(d) The Korean War Memorial Construction Fund is created as

HB5540 Enrolled - 1146 - LRB099 16003 AMC 40320 b
1		a special fund in the State treasury. All moneys in the Korean
2		War Memorial Construction Fund shall, subject to
3		appropriation, be used by the Department of Veteran Affairs to
4		provide grants for construction of the Korean War Memorial to
5		be located at Oak Ridge Cemetery in Springfield, Illinois. Upon
6		the completion of the Memorial, the Department of Veteran
7		Affairs shall certify to the State Treasurer that the
8		construction of the Memorial has been completed. Upon the
9		certification by the Department of Veteran Affairs, the State
10		Treasurer shall transfer all moneys in the Fund and any future
11		deposits into the Fund into the Secretary of State Special
12		License Plate Fund.
13		(e) An individual who has been issued Korean War Veteran
14		license plates for a vehicle and who has been approved for
15		benefits under the Senior Citizens and Persons with
16		Disabilities Property Tax Relief Act shall pay the original
17		issuance and the regular annual fee for the registration of the
18		vehicle as provided in Section 3-806.3 of this Code.
19		(Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15;
20		revised 11-2-15.)
21		(625 ILCS 5/3-801) (from Ch. 95 1/2, par. 3-801)
22		Sec. 3-801. Registration.
23		(a) Except as provided herein for new residents, every
24		owner of any vehicle which shall be operated upon the public
25		highways of this State shall, within 24 hours after becoming

HB5540 Enrolled - 1147 - LRB099 16003 AMC 40320 b
1		the owner or at such time as such vehicle becomes subject to
2		registration under the provisions of this Act, file in an
3		office of the Secretary of State, an application for
4		registration properly completed and executed. New residents
5		need not secure registration until 30 days after establishing
6		residency in this State, provided the vehicle is properly
7		registered in another jurisdiction. By the expiration of such
8		30-day 30 day statutory grace period, a new resident shall
9		comply with the provisions of this Act and apply for Illinois
10		vehicle registration. All applications for registration shall
11		be accompanied by all documentation required under the
12		provisions of this Act. The appropriate registration fees and
13		taxes provided for in this Article of this Chapter shall be
14		paid to the Secretary of State with the application for
15		registration of vehicles subject to registration under this
16		Act.
17		(b) Any resident of this State, who has been serving as a
18		member or as a civilian employee of the United States Armed
19		Services, or as a civilian employee of the United States
20		Department of Defense, outside of the State of Illinois, need
21		not secure registration until 45 days after returning to this
22		State, provided the vehicle displays temporary military
23		registration.
24		(c) When an application is submitted by mail, the applicant
25		may not submit cash or postage stamps for payment of fees or
26		taxes due. The Secretary in his discretion, may decline to

HB5540 Enrolled - 1148 - LRB099 16003 AMC 40320 b
1		accept a personal or company check or electronic payment in
2		payment of fees or taxes. An application submitted to a dealer,
3		or a remittance made to the Secretary of State shall be deemed
4		in compliance with this Section.
5		(Source: P.A. 99-118, eff. 1-1-16; 99-324, eff. 1-1-16; revised
6		11-2-15.)
7		(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
8		Sec. 3-806.3. Senior Citizens. Commencing with the 2009
9		registration year, the registration fee paid by any vehicle
10		owner who has been approved for benefits under the Senior
11		Citizens and Persons with Disabilities Property Tax Relief Act
12		or who is the spouse of such a person shall be $24 instead of
13		the fee otherwise provided in this Code for passenger cars
14		displaying standard multi-year registration plates issued
15		under Section 3-414.1, motor vehicles displaying special
16		registration plates issued under Section 3-609, 3-616, 3-621,
17		3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645,
18		3-647, 3-650, 3-651, or 3-663, motor vehicles registered at
19		8,000 pounds or less under Section 3-815(a), and recreational
20		vehicles registered at 8,000 pounds or less under Section
21		3-815(b). Widows and widowers of claimants shall also be
22		entitled to this reduced registration fee for the registration
23		year in which the claimant was eligible.
24		Commencing with the 2009 registration year, the
25		registration fee paid by any vehicle owner who has claimed and

HB5540 Enrolled - 1149 - LRB099 16003 AMC 40320 b
1		received a grant under the Senior Citizens and Persons with
2		Disabilities Property Tax Relief Act or who is the spouse of
3		such a person shall be $24 instead of the fee otherwise
4		provided in this Code for passenger cars displaying standard
5		multi-year registration plates issued under Section 3-414.1,
6		motor vehicles displaying special registration plates issued
7		under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623, 3-624,
8		3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651,
9		3-663, or 3-664, motor vehicles registered at 8,000 pounds or
10		less under Section 3-815(a), and recreational vehicles
11		registered at 8,000 pounds or less under Section 3-815(b).
12		Widows and widowers of claimants shall also be entitled to this
13		reduced registration fee for the registration year in which the
14		claimant was eligible.
15		Commencing with the 2017 registration year, the reduced fee
16		under this Section shall apply to any special registration
17		plate authorized in Article VI of Chapter 3 of this Code, for
18		which the applicant would otherwise be eligible.
19		No more than one reduced registration fee under this
20		Section shall be allowed during any 12-month 12 month period
21		based on the primary eligibility of any individual, whether
22		such reduced registration fee is allowed to the individual or
23		to the spouse, widow or widower of such individual. This
24		Section does not apply to the fee paid in addition to the
25		registration fee for motor vehicles displaying vanity,
26		personalized, or special license plates.

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1		(Source: P.A. 99-71, eff. 1-1-16; 99-143, eff. 7-27-15; revised
2		10-19-15.)
3		(625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
4		Sec. 3-818. (a) Mileage weight tax option.
5		(a) Any owner of a vehicle of the second division may elect
6		to pay a mileage weight tax for such vehicle in lieu of the
7		flat weight tax set out in Section 3-815. Such election shall
8		be binding to the end of the registration year. Renewal of this
9		election must be filed with the Secretary of State on or before
10		July 1 of each registration period. In such event the owner
11		shall, at the time of making such election, pay the $10
12		registration fee and the minimum guaranteed mileage weight tax,
13		as hereinafter provided, which payment shall permit the owner
14		to operate that vehicle the maximum mileage in this State
15		hereinafter set forth. Any vehicle being operated on mileage
16		plates cannot be operated outside of this State. In addition
17		thereto, the owner of that vehicle shall pay a mileage weight
18		tax at the following rates for each mile traveled in this State
19		in excess of the maximum mileage provided under the minimum
20		guaranteed basis:
21		BUS, TRUCK OR TRUCK TRACTOR
22 Maximum Mileage 23 Minimum Mileage Weight Tax 24 Guaranteed Permitted for Mileage 25 Gross Weight Mileage Under in excess of

HB5540 Enrolled - 1151 - LRB099 16003 AMC 40320 b
1 Vehicle and Weight Guaranteed Guaranteed 2 Load Class Tax Tax Mileage 3 12,000 lbs. or less MD $73 5,000 26 Mills 4 12,001 to 16,000 lbs. MF 120 6,000 34 Mills 5 16,001 to 20,000 lbs. MG 180 6,000 46 Mills 6 20,001 to 24,000 lbs. MH 235 6,000 63 Mills 7 24,001 to 28,000 lbs. MJ 315 7,000 63 Mills 8 28,001 to 32,000 lbs. MK 385 7,000 83 Mills 9 32,001 to 36,000 lbs. ML 485 7,000 99 Mills 10 36,001 to 40,000 lbs. MN 615 7,000 128 Mills 11 40,001 to 45,000 lbs. MP 695 7,000 139 Mills 12 45,001 to 54,999 lbs. MR 853 7,000 156 Mills 13 55,000 to 59,500 lbs. MS 920 7,000 178 Mills 14 59,501 to 64,000 lbs. MT 985 7,000 195 Mills 15 64,001 to 73,280 lbs. MV 1,173 7,000 225 Mills 16 73,281 to 77,000 lbs. MX 1,328 7,000 258 Mills 17 77,001 to 80,000 lbs. MZ 1,415 7,000 275 Mills
18		TRAILER
19 Maximum Mileage 20 Minimum Mileage Weight Tax 21 Guaranteed Permitted for Mileage 22 Gross Weight Mileage Under in excess of 23 Vehicle and Weight Guaranteed Guaranteed 24 Load Class Tax Tax Mileage 25 14,000 lbs. or less ME $75 5,000 31 Mills 26 14,001 to 20,000 lbs. MF 135 6,000 36 Mills

HB5540 Enrolled - 1152 - LRB099 16003 AMC 40320 b
1 20,001 to 36,000 lbs. ML 540 7,000 103 Mills 2 36,001 to 40,000 lbs. MM 750 7,000 150 Mills
3		(a-1) A Special Hauling Vehicle is a vehicle or combination
4		of vehicles of the second division registered under Section
5		3-813 transporting asphalt or concrete in the plastic state or
6		a vehicle or combination of vehicles that are subject to the
7		gross weight limitations in subsection (a) of Section 15-111
8		for which the owner of the vehicle or combination of vehicles
9		has elected to pay, in addition to the registration fee in
10		subsection (a), $125 to the Secretary of State for each
11		registration year. The Secretary shall designate this class of
12		vehicle as a Special Hauling Vehicle.
13		In preparing rate schedules on registration applications,
14		the Secretary of State shall add to the above rates, the $10
15		registration fee. The Secretary may decline to accept any
16		renewal filed after July 1st.
17		The number of axles necessary to carry the maximum load
18		provided shall be determined from Chapter 15 of this Code.
19		Every owner of a second division motor vehicle for which he
20		has elected to pay a mileage weight tax shall keep a daily
21		record upon forms prescribed by the Secretary of State, showing
22		the mileage covered by that vehicle in this State. Such record
23		shall contain the license number of the vehicle and the miles
24		traveled by the vehicle in this State for each day of the
25		calendar month. Such owner shall also maintain records of fuel
26		consumed by each such motor vehicle and fuel purchases

HB5540 Enrolled - 1153 - LRB099 16003 AMC 40320 b
1		therefor. On or before the 10th day of July the owner shall
2		certify to the Secretary of State upon forms prescribed
3		therefor, summaries of his daily records which shall show the
4		miles traveled by the vehicle in this State during the
5		preceding 12 months and such other information as the Secretary
6		of State may require. The daily record and fuel records shall
7		be filed, preserved and available for audit for a period of 3
8		years. Any owner filing a return hereunder shall certify that
9		such return is a true, correct and complete return. Any person
10		who willfully makes a false return hereunder is guilty of
11		perjury and shall be punished in the same manner and to the
12		same extent as is provided therefor.
13		At the time of filing his return, each owner shall pay to
14		the Secretary of State the proper amount of tax at the rate
15		herein imposed.
16		Every owner of a vehicle of the second division who elects
17		to pay on a mileage weight tax basis and who operates the
18		vehicle within this State, shall file with the Secretary of
19		State a bond in the amount of $500. The bond shall be in a form
20		approved by the Secretary of State and with a surety company
21		approved by the Illinois Department of Insurance to transact
22		business in this State as surety, and shall be conditioned upon
23		such applicant's paying to the State of Illinois all money
24		becoming due by reason of the operation of the second division
25		vehicle in this State, together with all penalties and interest
26		thereon.

HB5540 Enrolled - 1154 - LRB099 16003 AMC 40320 b
1		Upon notice from the Secretary that the registrant has
2		failed to pay the excess mileage fees, the surety shall
3		immediately pay the fees together with any penalties and
4		interest thereon in an amount not to exceed the limits of the
5		bond.
6		(b) Beginning January 1, 2016, upon the request of the
7		vehicle owner, a $10 surcharge shall be collected in addition
8		to the above fees for vehicles in the 12,000 lbs. and less
9		mileage weight plate category as described in subsection (a) to
10		be deposited into the Secretary of State Special License Plate
11		Fund. The $10 surcharge is to identify vehicles in the 12,000
12		lbs. and less mileage weight plate category as a covered farm
13		vehicle. The $10 surcharge is an annual flat fee that shall be
14		based on an applicant's new or existing registration year for
15		each vehicle in the 12,000 lbs. and less mileage weight plate
16		category. A designation as a covered farm vehicle under this
17		subsection (b) shall not alter a vehicle's registration as a
18		registration in the 12,000 lbs. or less mileage weight
19		category. The Secretary shall adopt any rules necessary to
20		implement this subsection (b).
21		(Source: P.A. 99-57, eff. 7-16-15; revised 10-19-15.)
22		(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
23		Sec. 6-106.1. School bus driver permit.
24		(a) The Secretary of State shall issue a school bus driver
25		permit to those applicants who have met all the requirements of

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1		the application and screening process under this Section to
2		insure the welfare and safety of children who are transported
3		on school buses throughout the State of Illinois. Applicants
4		shall obtain the proper application required by the Secretary
5		of State from their prospective or current employer and submit
6		the completed application to the prospective or current
7		employer along with the necessary fingerprint submission as
8		required by the Department of State Police to conduct
9		fingerprint based criminal background checks on current and
10		future information available in the state system and current
11		information available through the Federal Bureau of
12		Investigation's system. Applicants who have completed the
13		fingerprinting requirements shall not be subjected to the
14		fingerprinting process when applying for subsequent permits or
15		submitting proof of successful completion of the annual
16		refresher course. Individuals who on July 1, 1995 (the
17		effective date of Public Act 88-612) this Act possess a valid
18		school bus driver permit that has been previously issued by the
19		appropriate Regional School Superintendent are not subject to
20		the fingerprinting provisions of this Section as long as the
21		permit remains valid and does not lapse. The applicant shall be
22		required to pay all related application and fingerprinting fees
23		as established by rule including, but not limited to, the
24		amounts established by the Department of State Police and the
25		Federal Bureau of Investigation to process fingerprint based
26		criminal background investigations. All fees paid for

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1		fingerprint processing services under this Section shall be
2		deposited into the State Police Services Fund for the cost
3		incurred in processing the fingerprint based criminal
4		background investigations. All other fees paid under this
5		Section shall be deposited into the Road Fund for the purpose
6		of defraying the costs of the Secretary of State in
7		administering this Section. All applicants must:
8		1. be 21 years of age or older;
9		2. possess a valid and properly classified driver's
10		license issued by the Secretary of State;
11		3. possess a valid driver's license, which has not been
12		revoked, suspended, or canceled for 3 years immediately
13		prior to the date of application, or have not had his or
14		her commercial motor vehicle driving privileges
15		disqualified within the 3 years immediately prior to the
16		date of application;
17		4. successfully pass a written test, administered by
18		the Secretary of State, on school bus operation, school bus
19		safety, and special traffic laws relating to school buses
20		and submit to a review of the applicant's driving habits by
21		the Secretary of State at the time the written test is
22		given;
23		5. demonstrate ability to exercise reasonable care in
24		the operation of school buses in accordance with rules
25		promulgated by the Secretary of State;
26		6. demonstrate physical fitness to operate school

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1		buses by submitting the results of a medical examination,
2		including tests for drug use for each applicant not subject
3		to such testing pursuant to federal law, conducted by a
4		licensed physician, a licensed advanced practice nurse, or
5		a licensed physician assistant within 90 days of the date
6		of application according to standards promulgated by the
7		Secretary of State;
8		7. affirm under penalties of perjury that he or she has
9		not made a false statement or knowingly concealed a
10		material fact in any application for permit;
11		8. have completed an initial classroom course,
12		including first aid procedures, in school bus driver safety
13		as promulgated by the Secretary of State; and after
14		satisfactory completion of said initial course an annual
15		refresher course; such courses and the agency or
16		organization conducting such courses shall be approved by
17		the Secretary of State; failure to complete the annual
18		refresher course, shall result in cancellation of the
19		permit until such course is completed;
20		9. not have been under an order of court supervision
21		for or convicted of 2 or more serious traffic offenses, as
22		defined by rule, within one year prior to the date of
23		application that may endanger the life or safety of any of
24		the driver's passengers within the duration of the permit
25		period;
26		10. not have been under an order of court supervision

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1		for or convicted of reckless driving, aggravated reckless
2		driving, driving while under the influence of alcohol,
3		other drug or drugs, intoxicating compound or compounds or
4		any combination thereof, or reckless homicide resulting
5		from the operation of a motor vehicle within 3 years of the
6		date of application;
7		11. not have been convicted of committing or attempting
8		to commit any one or more of the following offenses: (i)
9		those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
10		9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
11		10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
12		11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
13		11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
14		11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
15		11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
16		11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
17		12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
18		12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
19		12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
20		12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
21		12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
22		18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
23		20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
24		24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
25		31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
26		8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),

HB5540 Enrolled - 1159 - LRB099 16003 AMC 40320 b
1		(e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
2		in subsection (a) and subsection (b), clause (1), of
3		Section 12-4, and in subsection (A), clauses (a) and (b),
4		of Section 24-3, and those offenses contained in Article
5		29D of the Criminal Code of 1961 or the Criminal Code of
6		2012; (ii) those offenses defined in the Cannabis Control
7		Act except those offenses defined in subsections (a) and
8		(b) of Section 4, and subsection (a) of Section 5 of the
9		Cannabis Control Act; (iii) those offenses defined in the
10		Illinois Controlled Substances Act; (iv) those offenses
11		defined in the Methamphetamine Control and Community
12		Protection Act; (v) any offense committed or attempted in
13		any other state or against the laws of the United States,
14		which if committed or attempted in this State would be
15		punishable as one or more of the foregoing offenses; (vi)
16		the offenses defined in Section 4.1 and 5.1 of the Wrongs
17		to Children Act or Section 11-9.1A of the Criminal Code of
18		1961 or the Criminal Code of 2012; (vii) those offenses
19		defined in Section 6-16 of the Liquor Control Act of 1934;
20		and (viii) those offenses defined in the Methamphetamine
21		Precursor Control Act;
22		12. not have been repeatedly involved as a driver in
23		motor vehicle collisions or been repeatedly convicted of
24		offenses against laws and ordinances regulating the
25		movement of traffic, to a degree which indicates lack of
26		ability to exercise ordinary and reasonable care in the

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1		safe operation of a motor vehicle or disrespect for the
2		traffic laws and the safety of other persons upon the
3		highway;
4		13. not have, through the unlawful operation of a motor
5		vehicle, caused an accident resulting in the death of any
6		person;
7		14. not have, within the last 5 years, been adjudged to
8		be afflicted with or suffering from any mental disability
9		or disease; and
10		15. consent, in writing, to the release of results of
11		reasonable suspicion drug and alcohol testing under
12		Section 6-106.1c of this Code by the employer of the
13		applicant to the Secretary of State.
14		(b) A school bus driver permit shall be valid for a period
15		specified by the Secretary of State as set forth by rule. It
16		shall be renewable upon compliance with subsection (a) of this
17		Section.
18		(c) A school bus driver permit shall contain the holder's
19		driver's license number, legal name, residence address, zip
20		code, and date of birth, a brief description of the holder and
21		a space for signature. The Secretary of State may require a
22		suitable photograph of the holder.
23		(d) The employer shall be responsible for conducting a
24		pre-employment interview with prospective school bus driver
25		candidates, distributing school bus driver applications and
26		medical forms to be completed by the applicant, and submitting

HB5540 Enrolled - 1161 - LRB099 16003 AMC 40320 b
1		the applicant's fingerprint cards to the Department of State
2		Police that are required for the criminal background
3		investigations. The employer shall certify in writing to the
4		Secretary of State that all pre-employment conditions have been
5		successfully completed including the successful completion of
6		an Illinois specific criminal background investigation through
7		the Department of State Police and the submission of necessary
8		fingerprints to the Federal Bureau of Investigation for
9		criminal history information available through the Federal
10		Bureau of Investigation system. The applicant shall present the
11		certification to the Secretary of State at the time of
12		submitting the school bus driver permit application.
13		(e) Permits shall initially be provisional upon receiving
14		certification from the employer that all pre-employment
15		conditions have been successfully completed, and upon
16		successful completion of all training and examination
17		requirements for the classification of the vehicle to be
18		operated, the Secretary of State shall provisionally issue a
19		School Bus Driver Permit. The permit shall remain in a
20		provisional status pending the completion of the Federal Bureau
21		of Investigation's criminal background investigation based
22		upon fingerprinting specimens submitted to the Federal Bureau
23		of Investigation by the Department of State Police. The Federal
24		Bureau of Investigation shall report the findings directly to
25		the Secretary of State. The Secretary of State shall remove the
26		bus driver permit from provisional status upon the applicant's

HB5540 Enrolled - 1162 - LRB099 16003 AMC 40320 b
1		successful completion of the Federal Bureau of Investigation's
2		criminal background investigation.
3		(f) A school bus driver permit holder shall notify the
4		employer and the Secretary of State if he or she is issued an
5		order of court supervision for or convicted in another state of
6		an offense that would make him or her ineligible for a permit
7		under subsection (a) of this Section. The written notification
8		shall be made within 5 days of the entry of the order of court
9		supervision or conviction. Failure of the permit holder to
10		provide the notification is punishable as a petty offense for a
11		first violation and a Class B misdemeanor for a second or
12		subsequent violation.
13		(g) Cancellation; suspension; notice and procedure.
14		(1) The Secretary of State shall cancel a school bus
15		driver permit of an applicant whose criminal background
16		investigation discloses that he or she is not in compliance
17		with the provisions of subsection (a) of this Section.
18		(2) The Secretary of State shall cancel a school bus
19		driver permit when he or she receives notice that the
20		permit holder fails to comply with any provision of this
21		Section or any rule promulgated for the administration of
22		this Section.
23		(3) The Secretary of State shall cancel a school bus
24		driver permit if the permit holder's restricted commercial
25		or commercial driving privileges are withdrawn or
26		otherwise invalidated.

HB5540 Enrolled - 1163 - LRB099 16003 AMC 40320 b
1		(4) The Secretary of State may not issue a school bus
2		driver permit for a period of 3 years to an applicant who
3		fails to obtain a negative result on a drug test as
4		required in item 6 of subsection (a) of this Section or
5		under federal law.
6		(5) The Secretary of State shall forthwith suspend a
7		school bus driver permit for a period of 3 years upon
8		receiving notice that the holder has failed to obtain a
9		negative result on a drug test as required in item 6 of
10		subsection (a) of this Section or under federal law.
11		(6) The Secretary of State shall suspend a school bus
12		driver permit for a period of 3 years upon receiving notice
13		from the employer that the holder failed to perform the
14		inspection procedure set forth in subsection (a) or (b) of
15		Section 12-816 of this Code.
16		(7) The Secretary of State shall suspend a school bus
17		driver permit for a period of 3 years upon receiving notice
18		from the employer that the holder refused to submit to an
19		alcohol or drug test as required by Section 6-106.1c or has
20		submitted to a test required by that Section which
21		disclosed an alcohol concentration of more than 0.00 or
22		disclosed a positive result on a National Institute on Drug
23		Abuse five-drug panel, utilizing federal standards set
24		forth in 49 CFR 40.87.
25		The Secretary of State shall notify the State
26		Superintendent of Education and the permit holder's

HB5540 Enrolled - 1164 - LRB099 16003 AMC 40320 b
1		prospective or current employer that the applicant has (1) has
2		failed a criminal background investigation or (2) is no longer
3		eligible for a school bus driver permit; and of the related
4		cancellation of the applicant's provisional school bus driver
5		permit. The cancellation shall remain in effect pending the
6		outcome of a hearing pursuant to Section 2-118 of this Code.
7		The scope of the hearing shall be limited to the issuance
8		criteria contained in subsection (a) of this Section. A
9		petition requesting a hearing shall be submitted to the
10		Secretary of State and shall contain the reason the individual
11		feels he or she is entitled to a school bus driver permit. The
12		permit holder's employer shall notify in writing to the
13		Secretary of State that the employer has certified the removal
14		of the offending school bus driver from service prior to the
15		start of that school bus driver's next workshift. An employing
16		school board that fails to remove the offending school bus
17		driver from service is subject to the penalties defined in
18		Section 3-14.23 of the School Code. A school bus contractor who
19		violates a provision of this Section is subject to the
20		penalties defined in Section 6-106.11.
21		All valid school bus driver permits issued under this
22		Section prior to January 1, 1995, shall remain effective until
23		their expiration date unless otherwise invalidated.
24		(h) When a school bus driver permit holder who is a service
25		member is called to active duty, the employer of the permit
26		holder shall notify the Secretary of State, within 30 days of

HB5540 Enrolled - 1165 - LRB099 16003 AMC 40320 b
1		notification from the permit holder, that the permit holder has
2		been called to active duty. Upon notification pursuant to this
3		subsection, (i) the Secretary of State shall characterize the
4		permit as inactive until a permit holder renews the permit as
5		provided in subsection (i) of this Section, and (ii) if a
6		permit holder fails to comply with the requirements of this
7		Section while called to active duty, the Secretary of State
8		shall not characterize the permit as invalid.
9		(i) A school bus driver permit holder who is a service
10		member returning from active duty must, within 90 days, renew a
11		permit characterized as inactive pursuant to subsection (h) of
12		this Section by complying with the renewal requirements of
13		subsection (b) of this Section.
14		(j) For purposes of subsections (h) and (i) of this
15		Section:
16		"Active duty" means active duty pursuant to an executive
17		order of the President of the United States, an act of the
18		Congress of the United States, or an order of the Governor.
19		"Service member" means a member of the Armed Services or
20		reserve forces of the United States or a member of the Illinois
21		National Guard.
22		(k) A private carrier employer of a school bus driver
23		permit holder, having satisfied the employer requirements of
24		this Section, shall be held to a standard of ordinary care for
25		intentional acts committed in the course of employment by the
26		bus driver permit holder. This subsection (k) shall in no way

HB5540 Enrolled - 1166 - LRB099 16003 AMC 40320 b
1		limit the liability of the private carrier employer for
2		violation of any provision of this Section or for the negligent
3		hiring or retention of a school bus driver permit holder.
4		(Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;
5		revised 11-2-15.)
6		(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
7		Sec. 6-115. Expiration of driver's license.
8		(a) Except as provided elsewhere in this Section, every
9		driver's license issued under the provisions of this Code shall
10		expire 4 years from the date of its issuance, or at such later
11		date, as the Secretary of State may by proper rule and
12		regulation designate, not to exceed 12 calendar months; in the
13		event that an applicant for renewal of a driver's license fails
14		to apply prior to the expiration date of the previous driver's
15		license, the renewal driver's license shall expire 4 years from
16		the expiration date of the previous driver's license, or at
17		such later date as the Secretary of State may by proper rule
18		and regulation designate, not to exceed 12 calendar months.
19		The Secretary of State may, however, issue to a person not
20		previously licensed as a driver in Illinois a driver's license
21		which will expire not less than 4 years nor more than 5 years
22		from date of issuance, except as provided elsewhere in this
23		Section.
24		(a-5) Beginning July 1, 2016, every driver's license issued
25		under this Code to an applicant who is not a United States

HB5540 Enrolled - 1167 - LRB099 16003 AMC 40320 b
1		citizen shall expire on whichever is the earlier date of the
2		following:
3		(1) as provided under subsection (a), (f), (g), or (i)
4		of this Section; or
5		(2) on the date the applicant's authorized stay in the
6		United States terminates.
7		(b) Before the expiration of a driver's license, except
8		those licenses expiring on the individual's 21st birthday, or 3
9		months after the individual's 21st birthday, the holder thereof
10		may apply for a renewal thereof, subject to all the provisions
11		of Section 6-103, and the Secretary of State may require an
12		examination of the applicant. A licensee whose driver's license
13		expires on his 21st birthday, or 3 months after his 21st
14		birthday, may not apply for a renewal of his driving privileges
15		until he reaches the age of 21.
16		(c) The Secretary of State shall, 30 days prior to the
17		expiration of a driver's license, forward to each person whose
18		license is to expire a notification of the expiration of said
19		license which may be presented at the time of renewal of said
20		license.
21		There may be included with such notification information
22		explaining the anatomical gift and Emergency Medical
23		Information Card provisions of Section 6-110. The format and
24		text of such information shall be prescribed by the Secretary.
25		There shall be included with such notification, for a
26		period of 4 years beginning January 1, 2000 information

HB5540 Enrolled - 1168 - LRB099 16003 AMC 40320 b
1		regarding the Illinois Adoption Registry and Medical
2		Information Exchange established in Section 18.1 of the
3		Adoption Act.
4		(d) The Secretary may defer the expiration of the driver's
5		license of a licensee, spouse, and dependent children who are
6		living with such licensee while on active duty, serving in the
7		Armed Forces of the United States outside of the State of
8		Illinois, and 120 days thereafter, upon such terms and
9		conditions as the Secretary may prescribe.
10		(d-5) The Secretary may defer the expiration of the
11		driver's license of a licensee, or of a spouse or dependent
12		children living with the licensee, serving as a civilian
13		employee of the United States Armed Forces or the United States
14		Department of Defense, outside of the State of Illinois, and
15		120 days thereafter, upon such terms and conditions as the
16		Secretary may prescribe.
17		(e) The Secretary of State may decline to process a renewal
18		of a driver's license of any person who has not paid any fee or
19		tax due under this Code and is not paid upon reasonable notice
20		and demand.
21		(f) The Secretary shall provide that each original or
22		renewal driver's license issued to a licensee under 21 years of
23		age shall expire 3 months after the licensee's 21st birthday.
24		Persons whose current driver's licenses expire on their 21st
25		birthday on or after January 1, 1986 shall not renew their
26		driver's license before their 21st birthday, and their current

HB5540 Enrolled - 1169 - LRB099 16003 AMC 40320 b
1		driver's license will be extended for an additional term of 3
2		months beyond their 21st birthday. Thereafter, the expiration
3		and term of the driver's license shall be governed by
4		subsection (a) hereof.
5		(g) The Secretary shall provide that each original or
6		renewal driver's license issued to a licensee 81 years of age
7		through age 86 shall expire 2 years from the date of issuance,
8		or at such later date as the Secretary may by rule and
9		regulation designate, not to exceed an additional 12 calendar
10		months. The Secretary shall also provide that each original or
11		renewal driver's license issued to a licensee 87 years of age
12		or older shall expire 12 months from the date of issuance, or
13		at such later date as the Secretary may by rule and regulation
14		designate, not to exceed an additional 12 calendar months.
15		(h) The Secretary of State shall provide that each special
16		restricted driver's license issued under subsection (g) of
17		Section 6-113 of this Code shall expire 12 months from the date
18		of issuance. The Secretary shall adopt rules defining renewal
19		requirements.
20		(i) The Secretary of State shall provide that each driver's
21		license issued to a person convicted of a sex offense as
22		defined in Section 2 of the Sex Offender Registration Act shall
23		expire 12 months from the date of issuance or at such date as
24		the Secretary may by rule designate, not to exceed an
25		additional 12 calendar months. The Secretary may adopt rules
26		defining renewal requirements.

HB5540 Enrolled - 1170 - LRB099 16003 AMC 40320 b
1		(Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; revised
2		11-3-15.)
3		(625 ILCS 5/6-118)
4		Sec. 6-118. Fees.
5		(a) The fee for licenses and permits under this Article is
6		as follows:
7		Original driver's license.............................$30
8		Original or renewal driver's license
9		issued to 18, 19 and 20 year olds.................. 5
10		All driver's licenses for persons
11		age 69 through age 80.............................. 5
12		All driver's licenses for persons
13		age 81 through age 86.............................. 2
14		All driver's licenses for persons
15		age 87 or older.....................................0
16		Renewal driver's license (except for
17		applicants ages 18, 19 and 20 or
18		age 69 and older)..................................30
19		Original instruction permit issued to
20		persons (except those age 69 and older)
21		who do not hold or have not previously
22		held an Illinois instruction permit or
23		driver's license.................................. 20
24		Instruction permit issued to any person
25		holding an Illinois driver's license

HB5540 Enrolled - 1171 - LRB099 16003 AMC 40320 b
1		who wishes a change in classifications,
2		other than at the time of renewal.................. 5
3		Any instruction permit issued to a person
4		age 69 and older................................... 5
5		Instruction permit issued to any person,
6		under age 69, not currently holding a
7		valid Illinois driver's license or
8		instruction permit but who has
9		previously been issued either document
10		in Illinois....................................... 10
11		Restricted driving permit.............................. 8
12		Monitoring device driving permit...................... 8
13		Duplicate or corrected driver's license
14		or permit.......................................... 5
15		Duplicate or corrected restricted
16		driving permit..................................... 5
17		Duplicate or corrected monitoring
18		device driving permit.................................. 5
19		Duplicate driver's license or permit issued to
20		an active-duty member of the
21		United States Armed Forces,
22		the member's spouse, or
23		the dependent children living
24		with the member................................... 0
25		Original or renewal M or L endorsement................. 5
26		SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE

HB5540 Enrolled - 1172 - LRB099 16003 AMC 40320 b
1		The fees for commercial driver licenses and permits
2		under Article V shall be as follows:
3		Commercial driver's license:
4		$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
5		(Commercial Driver's License Information
6		System/American Association of Motor Vehicle
7		Administrators network/National Motor Vehicle
8		Title Information Service Trust Fund);
9		$20 for the Motor Carrier Safety Inspection Fund;
10		$10 for the driver's license;
11		and $24 for the CDL:............................. $60
12		Renewal commercial driver's license:
13		$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
14		$20 for the Motor Carrier Safety Inspection Fund;
15		$10 for the driver's license; and
16		$24 for the CDL:................................. $60
17		Commercial learner's permit
18		issued to any person holding a valid
19		Illinois driver's license for the
20		purpose of changing to a
21		CDL classification: $6 for the
22		CDLIS/AAMVAnet/NMVTIS Trust Fund;
23		$20 for the Motor Carrier
24		Safety Inspection Fund; and
25		$24 for the CDL classification................... $50
26		Commercial learner's permit

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1		issued to any person holding a valid
2		Illinois CDL for the purpose of
3		making a change in a classification,
4		endorsement or restriction........................ $5
5		CDL duplicate or corrected license.................... $5
6		In order to ensure the proper implementation of the Uniform
7		Commercial Driver License Act, Article V of this Chapter, the
8		Secretary of State is empowered to pro-rate the $24 fee for the
9		commercial driver's license proportionate to the expiration
10		date of the applicant's Illinois driver's license.
11		The fee for any duplicate license or permit shall be waived
12		for any person who presents the Secretary of State's office
13		with a police report showing that his license or permit was
14		stolen.
15		The fee for any duplicate license or permit shall be waived
16		for any person age 60 or older whose driver's license or permit
17		has been lost or stolen.
18		No additional fee shall be charged for a driver's license,
19		or for a commercial driver's license, when issued to the holder
20		of an instruction permit for the same classification or type of
21		license who becomes eligible for such license.
22		(b) Any person whose license or privilege to operate a
23		motor vehicle in this State has been suspended or revoked under
24		Section 3-707, any provision of Chapter 6, Chapter 11, or
25		Section 7-205, 7-303, or 7-702 of the Family Financial
26		Responsibility Law of this Code, shall in addition to any other

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1		fees required by this Code, pay a reinstatement fee as follows:
2		Suspension under Section 3-707..................... $100
3		Suspension under Section 11-1431....................$100
4		Summary suspension under Section 11-501.1...........$250
5		Suspension under Section 11-501.9...................$250
6		Summary revocation under Section 11-501.1............$500
7		Other suspension......................................$70
8		Revocation...........................................$500
9		However, any person whose license or privilege to operate a
10		motor vehicle in this State has been suspended or revoked for a
11		second or subsequent time for a violation of Section 11-501,
12		11-501.1, or 11-501.9 of this Code or a similar provision of a
13		local ordinance or a similar out-of-state offense or Section
14		9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
15		and each suspension or revocation was for a violation of
16		Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
17		provision of a local ordinance or a similar out-of-state
18		offense or Section 9-3 of the Criminal Code of 1961 or the
19		Criminal Code of 2012 shall pay, in addition to any other fees
20		required by this Code, a reinstatement fee as follows:
21		Summary suspension under Section 11-501.1............$500
22		Suspension under Section 11-501.9...................$500
23		Summary revocation under Section 11-501.1............$500
24		Revocation...........................................$500
25		(c) All fees collected under the provisions of this Chapter
26		6 shall be disbursed under subsection (g) of Section 2-119 of

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1		this Code, except as follows:
2		1. The following amounts shall be paid into the Driver
3		Education Fund:
4		(A) $16 of the $20 fee for an original driver's
5		instruction permit;
6		(B) $5 of the $30 fee for an original driver's
7		license;
8		(C) $5 of the $30 fee for a 4 year renewal driver's
9		license;
10		(D) $4 of the $8 fee for a restricted driving
11		permit; and
12		(E) $4 of the $8 fee for a monitoring device
13		driving permit.
14		2. $30 of the $250 fee for reinstatement of a license
15		summarily suspended under Section 11-501.1 or suspended
16		under Section 11-501.9 shall be deposited into the Drunk
17		and Drugged Driving Prevention Fund. However, for a person
18		whose license or privilege to operate a motor vehicle in
19		this State has been suspended or revoked for a second or
20		subsequent time for a violation of Section 11-501,
21		11-501.1, or 11-501.9 of this Code or Section 9-3 of the
22		Criminal Code of 1961 or the Criminal Code of 2012, $190 of
23		the $500 fee for reinstatement of a license summarily
24		suspended under Section 11-501.1 or suspended under
25		Section 11-501.9, and $190 of the $500 fee for
26		reinstatement of a revoked license shall be deposited into

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1		the Drunk and Drugged Driving Prevention Fund. $190 of the
2		$500 fee for reinstatement of a license summarily revoked
3		pursuant to Section 11-501.1 shall be deposited into the
4		Drunk and Drugged Driving Prevention Fund.
5		3. $6 of the original or renewal fee for a commercial
6		driver's license and $6 of the commercial learner's permit
7		fee when the permit is issued to any person holding a valid
8		Illinois driver's license, shall be paid into the
9		CDLIS/AAMVAnet/NMVTIS Trust Fund.
10		4. $30 of the $70 fee for reinstatement of a license
11		suspended under the Family Financial Responsibility Law
12		shall be paid into the Family Responsibility Fund.
13		5. The $5 fee for each original or renewal M or L
14		endorsement shall be deposited into the Cycle Rider Safety
15		Training Fund.
16		6. $20 of any original or renewal fee for a commercial
17		driver's license or commercial learner's permit shall be
18		paid into the Motor Carrier Safety Inspection Fund.
19		7. The following amounts shall be paid into the General
20		Revenue Fund:
21		(A) $190 of the $250 reinstatement fee for a
22		summary suspension under Section 11-501.1 or a
23		suspension under Section 11-501.9;
24		(B) $40 of the $70 reinstatement fee for any other
25		suspension provided in subsection (b) of this Section;
26		and

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1		(C) $440 of the $500 reinstatement fee for a first
2		offense revocation and $310 of the $500 reinstatement
3		fee for a second or subsequent revocation.
4		8. Fees collected under paragraph (4) of subsection (d)
5		and subsection (h) of Section 6-205 of this Code;
6		subparagraph (C) of paragraph 3 of subsection (c) of
7		Section 6-206 of this Code; and paragraph (4) of subsection
8		(a) of Section 6-206.1 of this Code, shall be paid into the
9		funds set forth in those Sections.
10		(d) All of the proceeds of the additional fees imposed by
11		this amendatory Act of the 96th General Assembly shall be
12		deposited into the Capital Projects Fund.
13		(e) The additional fees imposed by this amendatory Act of
14		the 96th General Assembly shall become effective 90 days after
15		becoming law.
16		(f) As used in this Section, "active-duty member of the
17		United States Armed Forces" means a member of the Armed
18		Services or Reserve Forces of the United States or a member of
19		the Illinois National Guard who is called to active duty
20		pursuant to an executive order of the President of the United
21		States, an act of the Congress of the United States, or an
22		order of the Governor.
23		(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
24		10 of P.A. 99-414 for the effective date of changes made by
25		P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14;
26		98-1172, eff. 1-12-15; 99-127, eff. 1-1-16; 99-438, eff.

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1		1-1-16; revised 10-19-15.)
2		(625 ILCS 5/6-205)
3		Sec. 6-205. Mandatory revocation of license or permit;
4		Hardship cases.
5		(a) Except as provided in this Section, the Secretary of
6		State shall immediately revoke the license, permit, or driving
7		privileges of any driver upon receiving a report of the
8		driver's conviction of any of the following offenses:
9		1. Reckless homicide resulting from the operation of a
10		motor vehicle;
11		2. Violation of Section 11-501 of this Code or a
12		similar provision of a local ordinance relating to the
13		offense of operating or being in physical control of a
14		vehicle while under the influence of alcohol, other drug or
15		drugs, intoxicating compound or compounds, or any
16		combination thereof;
17		3. Any felony under the laws of any State or the
18		federal government in the commission of which a motor
19		vehicle was used;
20		4. Violation of Section 11-401 of this Code relating to
21		the offense of leaving the scene of a traffic accident
22		involving death or personal injury;
23		5. Perjury or the making of a false affidavit or
24		statement under oath to the Secretary of State under this
25		Code or under any other law relating to the ownership or

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1		operation of motor vehicles;
2		6. Conviction upon 3 charges of violation of Section
3		11-503 of this Code relating to the offense of reckless
4		driving committed within a period of 12 months;
5		7. Conviction of any offense defined in Section 4-102
6		of this Code;
7		8. Violation of Section 11-504 of this Code relating to
8		the offense of drag racing;
9		9. Violation of Chapters 8 and 9 of this Code;
10		10. Violation of Section 12-5 of the Criminal Code of
11		1961 or the Criminal Code of 2012 arising from the use of a
12		motor vehicle;
13		11. Violation of Section 11-204.1 of this Code relating
14		to aggravated fleeing or attempting to elude a peace
15		officer;
16		12. Violation of paragraph (1) of subsection (b) of
17		Section 6-507, or a similar law of any other state,
18		relating to the unlawful operation of a commercial motor
19		vehicle;
20		13. Violation of paragraph (a) of Section 11-502 of
21		this Code or a similar provision of a local ordinance if
22		the driver has been previously convicted of a violation of
23		that Section or a similar provision of a local ordinance
24		and the driver was less than 21 years of age at the time of
25		the offense;
26		14. Violation of paragraph (a) of Section 11-506 of

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1		this Code or a similar provision of a local ordinance
2		relating to the offense of street racing;
3		15. A second or subsequent conviction of driving while
4		the person's driver's license, permit or privileges was
5		revoked for reckless homicide or a similar out-of-state
6		offense;
7		16. Any offense against any provision in this Code, or
8		any local ordinance, regulating the movement of traffic
9		when that offense was the proximate cause of the death of
10		any person. Any person whose driving privileges have been
11		revoked pursuant to this paragraph may seek to have the
12		revocation terminated or to have the length of revocation
13		reduced by requesting an administrative hearing with the
14		Secretary of State prior to the projected driver's license
15		application eligibility date;
16		17. Violation of subsection (a-2) of Section 11-1301.3
17		of this Code or a similar provision of a local ordinance;
18		18. A second or subsequent conviction of illegal
19		possession, while operating or in actual physical control,
20		as a driver, of a motor vehicle, of any controlled
21		substance prohibited under the Illinois Controlled
22		Substances Act, any cannabis prohibited under the Cannabis
23		Control Act, or any methamphetamine prohibited under the
24		Methamphetamine Control and Community Protection Act. A
25		defendant found guilty of this offense while operating a
26		motor vehicle shall have an entry made in the court record

HB5540 Enrolled - 1181 - LRB099 16003 AMC 40320 b
1		by the presiding judge that this offense did occur while
2		the defendant was operating a motor vehicle and order the
3		clerk of the court to report the violation to the Secretary
4		of State.
5		(b) The Secretary of State shall also immediately revoke
6		the license or permit of any driver in the following
7		situations:
8		1. Of any minor upon receiving the notice provided for
9		in Section 5-901 of the Juvenile Court Act of 1987 that the
10		minor has been adjudicated under that Act as having
11		committed an offense relating to motor vehicles prescribed
12		in Section 4-103 of this Code;
13		2. Of any person when any other law of this State
14		requires either the revocation or suspension of a license
15		or permit;
16		3. Of any person adjudicated under the Juvenile Court
17		Act of 1987 based on an offense determined to have been
18		committed in furtherance of the criminal activities of an
19		organized gang as provided in Section 5-710 of that Act,
20		and that involved the operation or use of a motor vehicle
21		or the use of a driver's license or permit. The revocation
22		shall remain in effect for the period determined by the
23		court.
24		(c)(1) Whenever a person is convicted of any of the
25		offenses enumerated in this Section, the court may recommend
26		and the Secretary of State in his discretion, without regard to

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1		whether the recommendation is made by the court may, upon
2		application, issue to the person a restricted driving permit
3		granting the privilege of driving a motor vehicle between the
4		petitioner's residence and petitioner's place of employment or
5		within the scope of the petitioner's employment related duties,
6		or to allow the petitioner to transport himself or herself or a
7		family member of the petitioner's household to a medical
8		facility for the receipt of necessary medical care or to allow
9		the petitioner to transport himself or herself to and from
10		alcohol or drug remedial or rehabilitative activity
11		recommended by a licensed service provider, or to allow the
12		petitioner to transport himself or herself or a family member
13		of the petitioner's household to classes, as a student, at an
14		accredited educational institution, or to allow the petitioner
15		to transport children, elderly persons, or persons with
16		disabilities who do not hold driving privileges and are living
17		in the petitioner's household to and from daycare; if the
18		petitioner is able to demonstrate that no alternative means of
19		transportation is reasonably available and that the petitioner
20		will not endanger the public safety or welfare; provided that
21		the Secretary's discretion shall be limited to cases where
22		undue hardship, as defined by the rules of the Secretary of
23		State, would result from a failure to issue the restricted
24		driving permit.
25		(1.5) A person subject to the provisions of paragraph 4
26		of subsection (b) of Section 6-208 of this Code may make

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1		application for a restricted driving permit at a hearing
2		conducted under Section 2-118 of this Code after the
3		expiration of 5 years from the effective date of the most
4		recent revocation, or after 5 years from the date of
5		release from a period of imprisonment resulting from a
6		conviction of the most recent offense, whichever is later,
7		provided the person, in addition to all other requirements
8		of the Secretary, shows by clear and convincing evidence:
9		(A) a minimum of 3 years of uninterrupted
10		abstinence from alcohol and the unlawful use or
11		consumption of cannabis under the Cannabis Control
12		Act, a controlled substance under the Illinois
13		Controlled Substances Act, an intoxicating compound
14		under the Use of Intoxicating Compounds Act, or
15		methamphetamine under the Methamphetamine Control and
16		Community Protection Act; and
17		(B) the successful completion of any
18		rehabilitative treatment and involvement in any
19		ongoing rehabilitative activity that may be
20		recommended by a properly licensed service provider
21		according to an assessment of the person's alcohol or
22		drug use under Section 11-501.01 of this Code.
23		In determining whether an applicant is eligible for a
24		restricted driving permit under this paragraph (1.5), the
25		Secretary may consider any relevant evidence, including,
26		but not limited to, testimony, affidavits, records, and the

HB5540 Enrolled - 1184 - LRB099 16003 AMC 40320 b
1		results of regular alcohol or drug tests. Persons subject
2		to the provisions of paragraph 4 of subsection (b) of
3		Section 6-208 of this Code and who have been convicted of
4		more than one violation of paragraph (3), paragraph (4), or
5		paragraph (5) of subsection (a) of Section 11-501 of this
6		Code shall not be eligible to apply for a restricted
7		driving permit.
8		A restricted driving permit issued under this
9		paragraph (1.5) shall provide that the holder may only
10		operate motor vehicles equipped with an ignition interlock
11		device as required under paragraph (2) of subsection (c) of
12		this Section and subparagraph (A) of paragraph 3 of
13		subsection (c) of Section 6-206 of this Code. The Secretary
14		may revoke a restricted driving permit or amend the
15		conditions of a restricted driving permit issued under this
16		paragraph (1.5) if the holder operates a vehicle that is
17		not equipped with an ignition interlock device, or for any
18		other reason authorized under this Code.
19		A restricted driving permit issued under this
20		paragraph (1.5) shall be revoked, and the holder barred
21		from applying for or being issued a restricted driving
22		permit in the future, if the holder is subsequently
23		convicted of a violation of Section 11-501 of this Code, a
24		similar provision of a local ordinance, or a similar
25		offense in another state.
26		(2) If a person's license or permit is revoked or

HB5540 Enrolled - 1185 - LRB099 16003 AMC 40320 b
1		suspended due to 2 or more convictions of violating Section
2		11-501 of this Code or a similar provision of a local
3		ordinance or a similar out-of-state offense, or Section 9-3
4		of the Criminal Code of 1961 or the Criminal Code of 2012,
5		where the use of alcohol or other drugs is recited as an
6		element of the offense, or a similar out-of-state offense,
7		or a combination of these offenses, arising out of separate
8		occurrences, that person, if issued a restricted driving
9		permit, may not operate a vehicle unless it has been
10		equipped with an ignition interlock device as defined in
11		Section 1-129.1.
12		(3) If:
13		(A) a person's license or permit is revoked or
14		suspended 2 or more times due to any combination of:
15		(i) a single conviction of violating Section
16		11-501 of this Code or a similar provision of a
17		local ordinance or a similar out-of-state offense,
18		or Section 9-3 of the Criminal Code of 1961 or the
19		Criminal Code of 2012, where the use of alcohol or
20		other drugs is recited as an element of the
21		offense, or a similar out-of-state offense; or
22		(ii) a statutory summary suspension or
23		revocation under Section 11-501.1; or
24		(iii) a suspension pursuant to Section
25		6-203.1;
26		arising out of separate occurrences; or

HB5540 Enrolled - 1186 - LRB099 16003 AMC 40320 b
1		(B) a person has been convicted of one violation of
2		subparagraph (C) or (F) of paragraph (1) of subsection
3		(d) of Section 11-501 of this Code, Section 9-3 of the
4		Criminal Code of 1961 or the Criminal Code of 2012,
5		relating to the offense of reckless homicide where the
6		use of alcohol or other drugs was recited as an element
7		of the offense, or a similar provision of a law of
8		another state;
9		that person, if issued a restricted driving permit, may not
10		operate a vehicle unless it has been equipped with an
11		ignition interlock device as defined in Section 1-129.1.
12		(4) The person issued a permit conditioned on the use
13		of an ignition interlock device must pay to the Secretary
14		of State DUI Administration Fund an amount not to exceed
15		$30 per month. The Secretary shall establish by rule the
16		amount and the procedures, terms, and conditions relating
17		to these fees.
18		(5) If the restricted driving permit is issued for
19		employment purposes, then the prohibition against
20		operating a motor vehicle that is not equipped with an
21		ignition interlock device does not apply to the operation
22		of an occupational vehicle owned or leased by that person's
23		employer when used solely for employment purposes. For any
24		person who, within a 5-year period, is convicted of a
25		second or subsequent offense under Section 11-501 of this
26		Code, or a similar provision of a local ordinance or

HB5540 Enrolled - 1187 - LRB099 16003 AMC 40320 b
1		similar out-of-state offense, this employment exemption
2		does not apply until either a one-year one year period has
3		elapsed during which that person had his or her driving
4		privileges revoked or a one-year one year period has
5		elapsed during which that person had a restricted driving
6		permit which required the use of an ignition interlock
7		device on every motor vehicle owned or operated by that
8		person.
9		(6) In each case the Secretary of State may issue a
10		restricted driving permit for a period he deems
11		appropriate, except that the permit shall expire within one
12		year from the date of issuance. A restricted driving permit
13		issued under this Section shall be subject to cancellation,
14		revocation, and suspension by the Secretary of State in
15		like manner and for like cause as a driver's license issued
16		under this Code may be cancelled, revoked, or suspended;
17		except that a conviction upon one or more offenses against
18		laws or ordinances regulating the movement of traffic shall
19		be deemed sufficient cause for the revocation, suspension,
20		or cancellation of a restricted driving permit. The
21		Secretary of State may, as a condition to the issuance of a
22		restricted driving permit, require the petitioner to
23		participate in a designated driver remedial or
24		rehabilitative program. The Secretary of State is
25		authorized to cancel a restricted driving permit if the
26		permit holder does not successfully complete the program.

HB5540 Enrolled - 1188 - LRB099 16003 AMC 40320 b
1		However, if an individual's driving privileges have been
2		revoked in accordance with paragraph 13 of subsection (a)
3		of this Section, no restricted driving permit shall be
4		issued until the individual has served 6 months of the
5		revocation period.
6		(c-5) (Blank).
7		(c-6) If a person is convicted of a second violation of
8		operating a motor vehicle while the person's driver's license,
9		permit or privilege was revoked, where the revocation was for a
10		violation of Section 9-3 of the Criminal Code of 1961 or the
11		Criminal Code of 2012 relating to the offense of reckless
12		homicide or a similar out-of-state offense, the person's
13		driving privileges shall be revoked pursuant to subdivision
14		(a)(15) of this Section. The person may not make application
15		for a license or permit until the expiration of five years from
16		the effective date of the revocation or the expiration of five
17		years from the date of release from a term of imprisonment,
18		whichever is later.
19		(c-7) If a person is convicted of a third or subsequent
20		violation of operating a motor vehicle while the person's
21		driver's license, permit or privilege was revoked, where the
22		revocation was for a violation of Section 9-3 of the Criminal
23		Code of 1961 or the Criminal Code of 2012 relating to the
24		offense of reckless homicide or a similar out-of-state offense,
25		the person may never apply for a license or permit.
26		(d)(1) Whenever a person under the age of 21 is convicted

HB5540 Enrolled - 1189 - LRB099 16003 AMC 40320 b
1		under Section 11-501 of this Code or a similar provision of a
2		local ordinance or a similar out-of-state offense, the
3		Secretary of State shall revoke the driving privileges of that
4		person. One year after the date of revocation, and upon
5		application, the Secretary of State may, if satisfied that the
6		person applying will not endanger the public safety or welfare,
7		issue a restricted driving permit granting the privilege of
8		driving a motor vehicle only between the hours of 5 a.m. and 9
9		p.m. or as otherwise provided by this Section for a period of
10		one year. After this one-year one year period, and upon
11		reapplication for a license as provided in Section 6-106, upon
12		payment of the appropriate reinstatement fee provided under
13		paragraph (b) of Section 6-118, the Secretary of State, in his
14		discretion, may reinstate the petitioner's driver's license
15		and driving privileges, or extend the restricted driving permit
16		as many times as the Secretary of State deems appropriate, by
17		additional periods of not more than 12 months each.
18		(2) If a person's license or permit is revoked or
19		suspended due to 2 or more convictions of violating Section
20		11-501 of this Code or a similar provision of a local
21		ordinance or a similar out-of-state offense, or Section 9-3
22		of the Criminal Code of 1961 or the Criminal Code of 2012,
23		where the use of alcohol or other drugs is recited as an
24		element of the offense, or a similar out-of-state offense,
25		or a combination of these offenses, arising out of separate
26		occurrences, that person, if issued a restricted driving

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1		permit, may not operate a vehicle unless it has been
2		equipped with an ignition interlock device as defined in
3		Section 1-129.1.
4		(3) If a person's license or permit is revoked or
5		suspended 2 or more times due to any combination of:
6		(A) a single conviction of violating Section
7		11-501 of this Code or a similar provision of a local
8		ordinance or a similar out-of-state offense, or
9		Section 9-3 of the Criminal Code of 1961 or the
10		Criminal Code of 2012, where the use of alcohol or
11		other drugs is recited as an element of the offense, or
12		a similar out-of-state offense; or
13		(B) a statutory summary suspension or revocation
14		under Section 11-501.1; or
15		(C) a suspension pursuant to Section 6-203.1;
16		arising out of separate occurrences, that person, if issued
17		a restricted driving permit, may not operate a vehicle
18		unless it has been equipped with an ignition interlock
19		device as defined in Section 1-129.1.
20		(3.5) If a person's license or permit is revoked or
21		suspended due to a conviction for a violation of
22		subparagraph (C) or (F) of paragraph (1) of subsection (d)
23		of Section 11-501 of this Code, or a similar provision of a
24		local ordinance or similar out-of-state offense, that
25		person, if issued a restricted driving permit, may not
26		operate a vehicle unless it has been equipped with an

HB5540 Enrolled - 1191 - LRB099 16003 AMC 40320 b
1		ignition interlock device as defined in Section 1-129.1.
2		(4) The person issued a permit conditioned upon the use
3		of an interlock device must pay to the Secretary of State
4		DUI Administration Fund an amount not to exceed $30 per
5		month. The Secretary shall establish by rule the amount and
6		the procedures, terms, and conditions relating to these
7		fees.
8		(5) If the restricted driving permit is issued for
9		employment purposes, then the prohibition against driving
10		a vehicle that is not equipped with an ignition interlock
11		device does not apply to the operation of an occupational
12		vehicle owned or leased by that person's employer when used
13		solely for employment purposes. For any person who, within
14		a 5-year period, is convicted of a second or subsequent
15		offense under Section 11-501 of this Code, or a similar
16		provision of a local ordinance or similar out-of-state
17		offense, this employment exemption does not apply until
18		either a one-year one year period has elapsed during which
19		that person had his or her driving privileges revoked or a
20		one-year one year period has elapsed during which that
21		person had a restricted driving permit which required the
22		use of an ignition interlock device on every motor vehicle
23		owned or operated by that person.
24		(6) A restricted driving permit issued under this
25		Section shall be subject to cancellation, revocation, and
26		suspension by the Secretary of State in like manner and for

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1		like cause as a driver's license issued under this Code may
2		be cancelled, revoked, or suspended; except that a
3		conviction upon one or more offenses against laws or
4		ordinances regulating the movement of traffic shall be
5		deemed sufficient cause for the revocation, suspension, or
6		cancellation of a restricted driving permit.
7		(d-5) The revocation of the license, permit, or driving
8		privileges of a person convicted of a third or subsequent
9		violation of Section 6-303 of this Code committed while his or
10		her driver's license, permit, or privilege was revoked because
11		of a violation of Section 9-3 of the Criminal Code of 1961 or
12		the Criminal Code of 2012, relating to the offense of reckless
13		homicide, or a similar provision of a law of another state, is
14		permanent. The Secretary may not, at any time, issue a license
15		or permit to that person.
16		(e) This Section is subject to the provisions of the Driver
17		License Compact.
18		(f) Any revocation imposed upon any person under
19		subsections 2 and 3 of paragraph (b) that is in effect on
20		December 31, 1988 shall be converted to a suspension for a like
21		period of time.
22		(g) The Secretary of State shall not issue a restricted
23		driving permit to a person under the age of 16 years whose
24		driving privileges have been revoked under any provisions of
25		this Code.
26		(h) The Secretary of State shall require the use of

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1		ignition interlock devices for a period not less than 5 years
2		on all vehicles owned by a person who has been convicted of a
3		second or subsequent offense under Section 11-501 of this Code
4		or a similar provision of a local ordinance. The person must
5		pay to the Secretary of State DUI Administration Fund an amount
6		not to exceed $30 for each month that he or she uses the
7		device. The Secretary shall establish by rule and regulation
8		the procedures for certification and use of the interlock
9		system, the amount of the fee, and the procedures, terms, and
10		conditions relating to these fees. During the time period in
11		which a person is required to install an ignition interlock
12		device under this subsection (h), that person shall only
13		operate vehicles in which ignition interlock devices have been
14		installed, except as allowed by subdivision (c)(5) or (d)(5) of
15		this Section.
16		(i) (Blank).
17		(j) In accordance with 49 C.F.R. 384, the Secretary of
18		State may not issue a restricted driving permit for the
19		operation of a commercial motor vehicle to a person holding a
20		CDL whose driving privileges have been revoked, suspended,
21		cancelled, or disqualified under any provisions of this Code.
22		(k) The Secretary of State shall notify by mail any person
23		whose driving privileges have been revoked under paragraph 16
24		of subsection (a) of this Section that his or her driving
25		privileges and driver's license will be revoked 90 days from
26		the date of the mailing of the notice.

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1		(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
2		99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
3		99-467, eff. 1-1-16; 99-483, eff. 1-1-16; revised 11-2-15.)
4		(625 ILCS 5/6-206)
5		Sec. 6-206. Discretionary authority to suspend or revoke
6		license or permit; Right to a hearing.
7		(a) The Secretary of State is authorized to suspend or
8		revoke the driving privileges of any person without preliminary
9		hearing upon a showing of the person's records or other
10		sufficient evidence that the person:
11		1. Has committed an offense for which mandatory
12		revocation of a driver's license or permit is required upon
13		conviction;
14		2. Has been convicted of not less than 3 offenses
15		against traffic regulations governing the movement of
16		vehicles committed within any 12 month period. No
17		revocation or suspension shall be entered more than 6
18		months after the date of last conviction;
19		3. Has been repeatedly involved as a driver in motor
20		vehicle collisions or has been repeatedly convicted of
21		offenses against laws and ordinances regulating the
22		movement of traffic, to a degree that indicates lack of
23		ability to exercise ordinary and reasonable care in the
24		safe operation of a motor vehicle or disrespect for the
25		traffic laws and the safety of other persons upon the

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1		highway;
2		4. Has by the unlawful operation of a motor vehicle
3		caused or contributed to an accident resulting in injury
4		requiring immediate professional treatment in a medical
5		facility or doctor's office to any person, except that any
6		suspension or revocation imposed by the Secretary of State
7		under the provisions of this subsection shall start no
8		later than 6 months after being convicted of violating a
9		law or ordinance regulating the movement of traffic, which
10		violation is related to the accident, or shall start not
11		more than one year after the date of the accident,
12		whichever date occurs later;
13		5. Has permitted an unlawful or fraudulent use of a
14		driver's license, identification card, or permit;
15		6. Has been lawfully convicted of an offense or
16		offenses in another state, including the authorization
17		contained in Section 6-203.1, which if committed within
18		this State would be grounds for suspension or revocation;
19		7. Has refused or failed to submit to an examination
20		provided for by Section 6-207 or has failed to pass the
21		examination;
22		8. Is ineligible for a driver's license or permit under
23		the provisions of Section 6-103;
24		9. Has made a false statement or knowingly concealed a
25		material fact or has used false information or
26		identification in any application for a license,

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1		identification card, or permit;
2		10. Has possessed, displayed, or attempted to
3		fraudulently use any license, identification card, or
4		permit not issued to the person;
5		11. Has operated a motor vehicle upon a highway of this
6		State when the person's driving privilege or privilege to
7		obtain a driver's license or permit was revoked or
8		suspended unless the operation was authorized by a
9		monitoring device driving permit, judicial driving permit
10		issued prior to January 1, 2009, probationary license to
11		drive, or a restricted driving permit issued under this
12		Code;
13		12. Has submitted to any portion of the application
14		process for another person or has obtained the services of
15		another person to submit to any portion of the application
16		process for the purpose of obtaining a license,
17		identification card, or permit for some other person;
18		13. Has operated a motor vehicle upon a highway of this
19		State when the person's driver's license or permit was
20		invalid under the provisions of Sections 6-107.1 and 6-110;
21		14. Has committed a violation of Section 6-301,
22		6-301.1, or 6-301.2 of this Code Act, or Section 14, 14A,
23		or 14B of the Illinois Identification Card Act;
24		15. Has been convicted of violating Section 21-2 of the
25		Criminal Code of 1961 or the Criminal Code of 2012 relating
26		to criminal trespass to vehicles in which case, the

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1		suspension shall be for one year;
2		16. Has been convicted of violating Section 11-204 of
3		this Code relating to fleeing from a peace officer;
4		17. Has refused to submit to a test, or tests, as
5		required under Section 11-501.1 of this Code and the person
6		has not sought a hearing as provided for in Section
7		11-501.1;
8		18. Has, since issuance of a driver's license or
9		permit, been adjudged to be afflicted with or suffering
10		from any mental disability or disease;
11		19. Has committed a violation of paragraph (a) or (b)
12		of Section 6-101 relating to driving without a driver's
13		license;
14		20. Has been convicted of violating Section 6-104
15		relating to classification of driver's license;
16		21. Has been convicted of violating Section 11-402 of
17		this Code relating to leaving the scene of an accident
18		resulting in damage to a vehicle in excess of $1,000, in
19		which case the suspension shall be for one year;
20		22. Has used a motor vehicle in violating paragraph
21		(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
22		the Criminal Code of 1961 or the Criminal Code of 2012
23		relating to unlawful use of weapons, in which case the
24		suspension shall be for one year;
25		23. Has, as a driver, been convicted of committing a
26		violation of paragraph (a) of Section 11-502 of this Code

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1		for a second or subsequent time within one year of a
2		similar violation;
3		24. Has been convicted by a court-martial or punished
4		by non-judicial punishment by military authorities of the
5		United States at a military installation in Illinois or in
6		another state of or for a traffic related offense that is
7		the same as or similar to an offense specified under
8		Section 6-205 or 6-206 of this Code;
9		25. Has permitted any form of identification to be used
10		by another in the application process in order to obtain or
11		attempt to obtain a license, identification card, or
12		permit;
13		26. Has altered or attempted to alter a license or has
14		possessed an altered license, identification card, or
15		permit;
16		27. Has violated Section 6-16 of the Liquor Control Act
17		of 1934;
18		28. Has been convicted for a first time of the illegal
19		possession, while operating or in actual physical control,
20		as a driver, of a motor vehicle, of any controlled
21		substance prohibited under the Illinois Controlled
22		Substances Act, any cannabis prohibited under the Cannabis
23		Control Act, or any methamphetamine prohibited under the
24		Methamphetamine Control and Community Protection Act, in
25		which case the person's driving privileges shall be
26		suspended for one year. Any defendant found guilty of this

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1		offense while operating a motor vehicle, shall have an
2		entry made in the court record by the presiding judge that
3		this offense did occur while the defendant was operating a
4		motor vehicle and order the clerk of the court to report
5		the violation to the Secretary of State;
6		29. Has been convicted of the following offenses that
7		were committed while the person was operating or in actual
8		physical control, as a driver, of a motor vehicle: criminal
9		sexual assault, predatory criminal sexual assault of a
10		child, aggravated criminal sexual assault, criminal sexual
11		abuse, aggravated criminal sexual abuse, juvenile pimping,
12		soliciting for a juvenile prostitute, promoting juvenile
13		prostitution as described in subdivision (a)(1), (a)(2),
14		or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
15		or the Criminal Code of 2012, and the manufacture, sale or
16		delivery of controlled substances or instruments used for
17		illegal drug use or abuse in which case the driver's
18		driving privileges shall be suspended for one year;
19		30. Has been convicted a second or subsequent time for
20		any combination of the offenses named in paragraph 29 of
21		this subsection, in which case the person's driving
22		privileges shall be suspended for 5 years;
23		31. Has refused to submit to a test as required by
24		Section 11-501.6 of this Code or Section 5-16c of the Boat
25		Registration and Safety Act or has submitted to a test
26		resulting in an alcohol concentration of 0.08 or more or

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1		any amount of a drug, substance, or compound resulting from
2		the unlawful use or consumption of cannabis as listed in
3		the Cannabis Control Act, a controlled substance as listed
4		in the Illinois Controlled Substances Act, an intoxicating
5		compound as listed in the Use of Intoxicating Compounds
6		Act, or methamphetamine as listed in the Methamphetamine
7		Control and Community Protection Act, in which case the
8		penalty shall be as prescribed in Section 6-208.1;
9		32. Has been convicted of Section 24-1.2 of the
10		Criminal Code of 1961 or the Criminal Code of 2012 relating
11		to the aggravated discharge of a firearm if the offender
12		was located in a motor vehicle at the time the firearm was
13		discharged, in which case the suspension shall be for 3
14		years;
15		33. Has as a driver, who was less than 21 years of age
16		on the date of the offense, been convicted a first time of
17		a violation of paragraph (a) of Section 11-502 of this Code
18		or a similar provision of a local ordinance;
19		34. Has committed a violation of Section 11-1301.5 of
20		this Code or a similar provision of a local ordinance;
21		35. Has committed a violation of Section 11-1301.6 of
22		this Code or a similar provision of a local ordinance;
23		36. Is under the age of 21 years at the time of arrest
24		and has been convicted of not less than 2 offenses against
25		traffic regulations governing the movement of vehicles
26		committed within any 24 month period. No revocation or

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1		suspension shall be entered more than 6 months after the
2		date of last conviction;
3		37. Has committed a violation of subsection (c) of
4		Section 11-907 of this Code that resulted in damage to the
5		property of another or the death or injury of another;
6		38. Has been convicted of a violation of Section 6-20
7		of the Liquor Control Act of 1934 or a similar provision of
8		a local ordinance;
9		39. Has committed a second or subsequent violation of
10		Section 11-1201 of this Code;
11		40. Has committed a violation of subsection (a-1) of
12		Section 11-908 of this Code;
13		41. Has committed a second or subsequent violation of
14		Section 11-605.1 of this Code, a similar provision of a
15		local ordinance, or a similar violation in any other state
16		within 2 years of the date of the previous violation, in
17		which case the suspension shall be for 90 days;
18		42. Has committed a violation of subsection (a-1) of
19		Section 11-1301.3 of this Code or a similar provision of a
20		local ordinance;
21		43. Has received a disposition of court supervision for
22		a violation of subsection (a), (d), or (e) of Section 6-20
23		of the Liquor Control Act of 1934 or a similar provision of
24		a local ordinance, in which case the suspension shall be
25		for a period of 3 months;
26		44. Is under the age of 21 years at the time of arrest

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1		and has been convicted of an offense against traffic
2		regulations governing the movement of vehicles after
3		having previously had his or her driving privileges
4		suspended or revoked pursuant to subparagraph 36 of this
5		Section;
6		45. Has, in connection with or during the course of a
7		formal hearing conducted under Section 2-118 of this Code:
8		(i) committed perjury; (ii) submitted fraudulent or
9		falsified documents; (iii) submitted documents that have
10		been materially altered; or (iv) submitted, as his or her
11		own, documents that were in fact prepared or composed for
12		another person;
13		46. Has committed a violation of subsection (j) of
14		Section 3-413 of this Code; or
15		47. Has committed a violation of Section 11-502.1 of
16		this Code.
17		For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
18		and 27 of this subsection, license means any driver's license,
19		any traffic ticket issued when the person's driver's license is
20		deposited in lieu of bail, a suspension notice issued by the
21		Secretary of State, a duplicate or corrected driver's license,
22		a probationary driver's license or a temporary driver's
23		license.
24		(b) If any conviction forming the basis of a suspension or
25		revocation authorized under this Section is appealed, the
26		Secretary of State may rescind or withhold the entry of the

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1		order of suspension or revocation, as the case may be, provided
2		that a certified copy of a stay order of a court is filed with
3		the Secretary of State. If the conviction is affirmed on
4		appeal, the date of the conviction shall relate back to the
5		time the original judgment of conviction was entered and the 6
6		month limitation prescribed shall not apply.
7		(c) 1. Upon suspending or revoking the driver's license or
8		permit of any person as authorized in this Section, the
9		Secretary of State shall immediately notify the person in
10		writing of the revocation or suspension. The notice to be
11		deposited in the United States mail, postage prepaid, to the
12		last known address of the person.
13		2. If the Secretary of State suspends the driver's license
14		of a person under subsection 2 of paragraph (a) of this
15		Section, a person's privilege to operate a vehicle as an
16		occupation shall not be suspended, provided an affidavit is
17		properly completed, the appropriate fee received, and a permit
18		issued prior to the effective date of the suspension, unless 5
19		offenses were committed, at least 2 of which occurred while
20		operating a commercial vehicle in connection with the driver's
21		regular occupation. All other driving privileges shall be
22		suspended by the Secretary of State. Any driver prior to
23		operating a vehicle for occupational purposes only must submit
24		the affidavit on forms to be provided by the Secretary of State
25		setting forth the facts of the person's occupation. The
26		affidavit shall also state the number of offenses committed

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1		while operating a vehicle in connection with the driver's
2		regular occupation. The affidavit shall be accompanied by the
3		driver's license. Upon receipt of a properly completed
4		affidavit, the Secretary of State shall issue the driver a
5		permit to operate a vehicle in connection with the driver's
6		regular occupation only. Unless the permit is issued by the
7		Secretary of State prior to the date of suspension, the
8		privilege to drive any motor vehicle shall be suspended as set
9		forth in the notice that was mailed under this Section. If an
10		affidavit is received subsequent to the effective date of this
11		suspension, a permit may be issued for the remainder of the
12		suspension period.
13		The provisions of this subparagraph shall not apply to any
14		driver required to possess a CDL for the purpose of operating a
15		commercial motor vehicle.
16		Any person who falsely states any fact in the affidavit
17		required herein shall be guilty of perjury under Section 6-302
18		and upon conviction thereof shall have all driving privileges
19		revoked without further rights.
20		3. At the conclusion of a hearing under Section 2-118 of
21		this Code, the Secretary of State shall either rescind or
22		continue an order of revocation or shall substitute an order of
23		suspension; or, good cause appearing therefor, rescind,
24		continue, change, or extend the order of suspension. If the
25		Secretary of State does not rescind the order, the Secretary
26		may upon application, to relieve undue hardship (as defined by

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1		the rules of the Secretary of State), issue a restricted
2		driving permit granting the privilege of driving a motor
3		vehicle between the petitioner's residence and petitioner's
4		place of employment or within the scope of the petitioner's
5		employment related duties, or to allow the petitioner to
6		transport himself or herself, or a family member of the
7		petitioner's household to a medical facility, to receive
8		necessary medical care, to allow the petitioner to transport
9		himself or herself to and from alcohol or drug remedial or
10		rehabilitative activity recommended by a licensed service
11		provider, or to allow the petitioner to transport himself or
12		herself or a family member of the petitioner's household to
13		classes, as a student, at an accredited educational
14		institution, or to allow the petitioner to transport children,
15		elderly persons, or persons with disabilities who do not hold
16		driving privileges and are living in the petitioner's household
17		to and from daycare. The petitioner must demonstrate that no
18		alternative means of transportation is reasonably available
19		and that the petitioner will not endanger the public safety or
20		welfare.
21		(A) If a person's license or permit is revoked or
22		suspended due to 2 or more convictions of violating Section
23		11-501 of this Code or a similar provision of a local
24		ordinance or a similar out-of-state offense, or Section 9-3
25		of the Criminal Code of 1961 or the Criminal Code of 2012,
26		where the use of alcohol or other drugs is recited as an

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1		element of the offense, or a similar out-of-state offense,
2		or a combination of these offenses, arising out of separate
3		occurrences, that person, if issued a restricted driving
4		permit, may not operate a vehicle unless it has been
5		equipped with an ignition interlock device as defined in
6		Section 1-129.1.
7		(B) If a person's license or permit is revoked or
8		suspended 2 or more times due to any combination of:
9		(i) a single conviction of violating Section
10		11-501 of this Code or a similar provision of a local
11		ordinance or a similar out-of-state offense or Section
12		9-3 of the Criminal Code of 1961 or the Criminal Code
13		of 2012, where the use of alcohol or other drugs is
14		recited as an element of the offense, or a similar
15		out-of-state offense; or
16		(ii) a statutory summary suspension or revocation
17		under Section 11-501.1; or
18		(iii) a suspension under Section 6-203.1;
19		arising out of separate occurrences; that person, if issued
20		a restricted driving permit, may not operate a vehicle
21		unless it has been equipped with an ignition interlock
22		device as defined in Section 1-129.1.
23		(B-5) If a person's license or permit is revoked or
24		suspended due to a conviction for a violation of
25		subparagraph (C) or (F) of paragraph (1) of subsection (d)
26		of Section 11-501 of this Code, or a similar provision of a

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1		local ordinance or similar out-of-state offense, that
2		person, if issued a restricted driving permit, may not
3		operate a vehicle unless it has been equipped with an
4		ignition interlock device as defined in Section 1-129.1.
5		(C) The person issued a permit conditioned upon the use
6		of an ignition interlock device must pay to the Secretary
7		of State DUI Administration Fund an amount not to exceed
8		$30 per month. The Secretary shall establish by rule the
9		amount and the procedures, terms, and conditions relating
10		to these fees.
11		(D) If the restricted driving permit is issued for
12		employment purposes, then the prohibition against
13		operating a motor vehicle that is not equipped with an
14		ignition interlock device does not apply to the operation
15		of an occupational vehicle owned or leased by that person's
16		employer when used solely for employment purposes. For any
17		person who, within a 5-year period, is convicted of a
18		second or subsequent offense under Section 11-501 of this
19		Code, or a similar provision of a local ordinance or
20		similar out-of-state offense, this employment exemption
21		does not apply until either a one-year one year period has
22		elapsed during which that person had his or her driving
23		privileges revoked or a one-year one year period has
24		elapsed during which that person had a restricted driving
25		permit which required the use of an ignition interlock
26		device on every motor vehicle owned or operated by that

HB5540 Enrolled - 1208 - LRB099 16003 AMC 40320 b
1		person.
2		(E) In each case the Secretary may issue a restricted
3		driving permit for a period deemed appropriate, except that
4		all permits shall expire within one year from the date of
5		issuance. A restricted driving permit issued under this
6		Section shall be subject to cancellation, revocation, and
7		suspension by the Secretary of State in like manner and for
8		like cause as a driver's license issued under this Code may
9		be cancelled, revoked, or suspended; except that a
10		conviction upon one or more offenses against laws or
11		ordinances regulating the movement of traffic shall be
12		deemed sufficient cause for the revocation, suspension, or
13		cancellation of a restricted driving permit. The Secretary
14		of State may, as a condition to the issuance of a
15		restricted driving permit, require the applicant to
16		participate in a designated driver remedial or
17		rehabilitative program. The Secretary of State is
18		authorized to cancel a restricted driving permit if the
19		permit holder does not successfully complete the program.
20		(F) A person subject to the provisions of paragraph 4
21		of subsection (b) of Section 6-208 of this Code may make
22		application for a restricted driving permit at a hearing
23		conducted under Section 2-118 of this Code after the
24		expiration of 5 years from the effective date of the most
25		recent revocation or after 5 years from the date of release
26		from a period of imprisonment resulting from a conviction

HB5540 Enrolled - 1209 - LRB099 16003 AMC 40320 b
1		of the most recent offense, whichever is later, provided
2		the person, in addition to all other requirements of the
3		Secretary, shows by clear and convincing evidence:
4		(i) a minimum of 3 years of uninterrupted
5		abstinence from alcohol and the unlawful use or
6		consumption of cannabis under the Cannabis Control
7		Act, a controlled substance under the Illinois
8		Controlled Substances Act, an intoxicating compound
9		under the Use of Intoxicating Compounds Act, or
10		methamphetamine under the Methamphetamine Control and
11		Community Protection Act; and
12		(ii) the successful completion of any
13		rehabilitative treatment and involvement in any
14		ongoing rehabilitative activity that may be
15		recommended by a properly licensed service provider
16		according to an assessment of the person's alcohol or
17		drug use under Section 11-501.01 of this Code.
18		In determining whether an applicant is eligible for a
19		restricted driving permit under this subparagraph (F), the
20		Secretary may consider any relevant evidence, including,
21		but not limited to, testimony, affidavits, records, and the
22		results of regular alcohol or drug tests. Persons subject
23		to the provisions of paragraph 4 of subsection (b) of
24		Section 6-208 of this Code and who have been convicted of
25		more than one violation of paragraph (3), paragraph (4), or
26		paragraph (5) of subsection (a) of Section 11-501 of this

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1		Code shall not be eligible to apply for a restricted
2		driving permit under this subparagraph (F).
3		A restricted driving permit issued under this
4		subparagraph (F) shall provide that the holder may only
5		operate motor vehicles equipped with an ignition interlock
6		device as required under paragraph (2) of subsection (c) of
7		Section 6-205 of this Code and subparagraph (A) of
8		paragraph 3 of subsection (c) of this Section. The
9		Secretary may revoke a restricted driving permit or amend
10		the conditions of a restricted driving permit issued under
11		this subparagraph (F) if the holder operates a vehicle that
12		is not equipped with an ignition interlock device, or for
13		any other reason authorized under this Code.
14		A restricted driving permit issued under this
15		subparagraph (F) shall be revoked, and the holder barred
16		from applying for or being issued a restricted driving
17		permit in the future, if the holder is convicted of a
18		violation of Section 11-501 of this Code, a similar
19		provision of a local ordinance, or a similar offense in
20		another state.
21		(c-3) In the case of a suspension under paragraph 43 of
22		subsection (a), reports received by the Secretary of State
23		under this Section shall, except during the actual time the
24		suspension is in effect, be privileged information and for use
25		only by the courts, police officers, prosecuting authorities,
26		the driver licensing administrator of any other state, the

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1		Secretary of State, or the parent or legal guardian of a driver
2		under the age of 18. However, beginning January 1, 2008, if the
3		person is a CDL holder, the suspension shall also be made
4		available to the driver licensing administrator of any other
5		state, the U.S. Department of Transportation, and the affected
6		driver or motor carrier or prospective motor carrier upon
7		request.
8		(c-4) In the case of a suspension under paragraph 43 of
9		subsection (a), the Secretary of State shall notify the person
10		by mail that his or her driving privileges and driver's license
11		will be suspended one month after the date of the mailing of
12		the notice.
13		(c-5) The Secretary of State may, as a condition of the
14		reissuance of a driver's license or permit to an applicant
15		whose driver's license or permit has been suspended before he
16		or she reached the age of 21 years pursuant to any of the
17		provisions of this Section, require the applicant to
18		participate in a driver remedial education course and be
19		retested under Section 6-109 of this Code.
20		(d) This Section is subject to the provisions of the
21		Drivers License Compact.
22		(e) The Secretary of State shall not issue a restricted
23		driving permit to a person under the age of 16 years whose
24		driving privileges have been suspended or revoked under any
25		provisions of this Code.
26		(f) In accordance with 49 C.F.R. 384, the Secretary of

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1		State may not issue a restricted driving permit for the
2		operation of a commercial motor vehicle to a person holding a
3		CDL whose driving privileges have been suspended, revoked,
4		cancelled, or disqualified under any provisions of this Code.
5		(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
6		eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
7		99-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
8		revised 11-3-15.)
9		(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
10		Sec. 6-208. Period of Suspension - Application After
11		Revocation.
12		(a) Except as otherwise provided by this Code or any other
13		law of this State, the Secretary of State shall not suspend a
14		driver's license, permit, or privilege to drive a motor vehicle
15		on the highways for a period of more than one year.
16		(b) Any person whose license, permit, or privilege to drive
17		a motor vehicle on the highways has been revoked shall not be
18		entitled to have such license, permit, or privilege renewed or
19		restored. However, such person may, except as provided under
20		subsections (d) and (d-5) of Section 6-205, make application
21		for a license pursuant to Section 6-106 (i) if the revocation
22		was for a cause that has been removed or (ii) as provided in
23		the following subparagraphs:
24		1. Except as provided in subparagraphs 1.3, 1.5, 2, 3,
25		4, and 5, the person may make application for a license (A)

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1		after the expiration of one year from the effective date of
2		the revocation, (B) in the case of a violation of paragraph
3		(b) of Section 11-401 of this Code or a similar provision
4		of a local ordinance, after the expiration of 3 years from
5		the effective date of the revocation, or (C) in the case of
6		a violation of Section 9-3 of the Criminal Code of 1961 or
7		the Criminal Code of 2012 or a similar provision of a law
8		of another state relating to the offense of reckless
9		homicide or a violation of subparagraph (F) of paragraph 1
10		of subsection (d) of Section 11-501 of this Code relating
11		to aggravated driving under the influence of alcohol, other
12		drug or drugs, intoxicating compound or compounds, or any
13		combination thereof, if the violation was the proximate
14		cause of a death, after the expiration of 2 years from the
15		effective date of the revocation or after the expiration of
16		24 months from the date of release from a period of
17		imprisonment as provided in Section 6-103 of this Code,
18		whichever is later.
19		1.3. If the person is convicted of a second or
20		subsequent violation of Section 11-501 of this Code or a
21		similar provision of a local ordinance or a similar
22		out-of-state offense, or Section 9-3 of the Criminal Code
23		of 1961 or the Criminal Code of 2012, in which the use of
24		alcohol or other drugs is recited as an element of the
25		offense, or a similar out-of-state offense, or a
26		combination of these offenses, arising out of separate

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1		occurrences, that person may not make application for a
2		driver's license until:
3		(A) the person has first been issued a restricted
4		driving permit by the Secretary of State; and
5		(B) the expiration of a continuous period of not
6		less than 5 years following the issuance of the
7		restricted driving permit during which the person's
8		restricted driving permit is not suspended, cancelled,
9		or revoked for a violation of any provision of law, or
10		any rule or regulation of the Secretary of State
11		relating to the required use of an ignition interlock
12		device.
13		1.5. If the person is convicted of a violation of
14		Section 6-303 of this Code committed while his or her
15		driver's license, permit, or privilege was revoked because
16		of a violation of Section 9-3 of the Criminal Code of 1961
17		or the Criminal Code of 2012, relating to the offense of
18		reckless homicide, or a similar provision of a law of
19		another state, the person may not make application for a
20		license or permit until the expiration of 3 years from the
21		date of the conviction.
22		2. If such person is convicted of committing a second
23		violation within a 20-year period of:
24		(A) Section 11-501 of this Code or a similar
25		provision of a local ordinance;
26		(B) Paragraph (b) of Section 11-401 of this Code or

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1		a similar provision of a local ordinance;
2		(C) Section 9-3 of the Criminal Code of 1961 or the
3		Criminal Code of 2012, relating to the offense of
4		reckless homicide; or
5		(D) any combination of the above offenses
6		committed at different instances;
7		then such person may not make application for a license
8		until after the expiration of 5 years from the effective
9		date of the most recent revocation. The 20-year period
10		shall be computed by using the dates the offenses were
11		committed and shall also include similar out-of-state
12		offenses and similar offenses committed on a military
13		installation.
14		2.5. If a person is convicted of a second violation of
15		Section 6-303 of this Code committed while the person's
16		driver's license, permit, or privilege was revoked because
17		of a violation of Section 9-3 of the Criminal Code of 1961
18		or the Criminal Code of 2012, relating to the offense of
19		reckless homicide, or a similar provision of a law of
20		another state, the person may not make application for a
21		license or permit until the expiration of 5 years from the
22		date of release from a term of imprisonment.
23		3. However, except as provided in subparagraph 4, if
24		such person is convicted of committing a third violation or
25		any combination of the above offenses, including similar
26		out-of-state offenses and similar offenses committed on a

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1		military installation, contained in subparagraph 2, then
2		such person may not make application for a license until
3		after the expiration of 10 years from the effective date of
4		the most recent revocation.
5		4. Except as provided in paragraph (1.5) of subsection
6		(c) of Section 6-205 and subparagraph (F) of paragraph 3 of
7		subsection (c) of Section 6-206 of this Code, the person
8		may not make application for a license if the person is
9		convicted of committing a fourth or subsequent violation of
10		Section 11-501 of this Code or a similar provision of a
11		local ordinance, Section 11-401 of this Code, Section 9-3
12		of the Criminal Code of 1961 or the Criminal Code of 2012,
13		or a combination of these offenses, similar provisions of
14		local ordinances, similar out-of-state offenses, or
15		similar offenses committed on a military installation.
16		4.5. A bona fide resident of a foreign jurisdiction who
17		is subject to the provisions of subparagraph 4 of this
18		subsection (b) may make application for termination of the
19		revocation after a period of 10 years from the effective
20		date of the most recent revocation. However, if a person
21		who has been granted a termination of revocation under this
22		subparagraph 4.5 subsequently becomes a resident of this
23		State, the revocation shall be reinstated and the person
24		shall be subject to the provisions of subparagraph 4.
25		5. The person may not make application for a license or
26		permit if the person is convicted of a third or subsequent

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1		violation of Section 6-303 of this Code committed while his
2		or her driver's license, permit, or privilege was revoked
3		because of a violation of Section 9-3 of the Criminal Code
4		of 1961 or the Criminal Code of 2012, relating to the
5		offense of reckless homicide, or a similar provision of a
6		law of another state.
7		Notwithstanding any other provision of this Code, all
8		persons referred to in this paragraph (b) may not have their
9		privileges restored until the Secretary receives payment of the
10		required reinstatement fee pursuant to subsection (b) of
11		Section 6-118.
12		In no event shall the Secretary issue such license unless
13		and until such person has had a hearing pursuant to this Code
14		and the appropriate administrative rules and the Secretary is
15		satisfied, after a review or investigation of such person, that
16		to grant the privilege of driving a motor vehicle on the
17		highways will not endanger the public safety or welfare.
18		(c) (Blank).
19		(Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; revised
20		11-3-15.)
21		(625 ILCS 5/6-302) (from Ch. 95 1/2, par. 6-302)
22		Sec. 6-302. Making false application or affidavit -
23		Perjury.
24		(a) It is a violation of this Section for any person:
25		1. To display or present any document for the purpose

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1		of making application for a driver's license or permit
2		knowing that such document contains false information
3		concerning the identity identify of the applicant;
4		2. To accept or allow to be accepted any document
5		displayed or presented for the purpose of making
6		application for a driver's license or permit knowing that
7		such document contains false information concerning the
8		identity of the applicant;
9		3. To knowingly make any false affidavit or swear or
10		affirm falsely to any matter or thing required by the terms
11		of this Act to be sworn to or affirmed.
12		(b) Sentence.
13		1. Any person convicted of a violation of this Section
14		shall be guilty of a Class 4 felony.
15		2. Any person convicted of a second or subsequent
16		violation of this Section shall be guilty of a Class 3
17		felony.
18		(c) This Section does not prohibit any lawfully authorized
19		investigative, protective, law enforcement or other activity
20		of any agency of the United States, State of Illinois or any
21		other state or political subdivision thereof.
22		(Source: P.A. 86-503; revised 11-2-15.)
23		(625 ILCS 5/11-501.01)
24		Sec. 11-501.01. Additional administrative sanctions.
25		(a) After a finding of guilt and prior to any final

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1		sentencing or an order for supervision, for an offense based
2		upon an arrest for a violation of Section 11-501 or a similar
3		provision of a local ordinance, individuals shall be required
4		to undergo a professional evaluation to determine if an
5		alcohol, drug, or intoxicating compound abuse problem exists
6		and the extent of the problem, and undergo the imposition of
7		treatment as appropriate. Programs conducting these
8		evaluations shall be licensed by the Department of Human
9		Services. The cost of any professional evaluation shall be paid
10		for by the individual required to undergo the professional
11		evaluation.
12		(b) Any person who is found guilty of or pleads guilty to
13		violating Section 11-501, including any person receiving a
14		disposition of court supervision for violating that Section,
15		may be required by the Court to attend a victim impact panel
16		offered by, or under contract with, a county State's Attorney's
17		office, a probation and court services department, Mothers
18		Against Drunk Driving, or the Alliance Against Intoxicated
19		Motorists. All costs generated by the victim impact panel shall
20		be paid from fees collected from the offender or as may be
21		determined by the court.
22		(c) Every person found guilty of violating Section 11-501,
23		whose operation of a motor vehicle while in violation of that
24		Section proximately caused any incident resulting in an
25		appropriate emergency response, shall be liable for the expense
26		of an emergency response as provided in subsection (i) of this

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1		Section.
2		(d) The Secretary of State shall revoke the driving
3		privileges of any person convicted under Section 11-501 or a
4		similar provision of a local ordinance.
5		(e) The Secretary of State shall require the use of
6		ignition interlock devices for a period not less than 5 years
7		on all vehicles owned by a person who has been convicted of a
8		second or subsequent offense of Section 11-501 or a similar
9		provision of a local ordinance. The person must pay to the
10		Secretary of State DUI Administration Fund an amount not to
11		exceed $30 for each month that he or she uses the device. The
12		Secretary shall establish by rule and regulation the procedures
13		for certification and use of the interlock system, the amount
14		of the fee, and the procedures, terms, and conditions relating
15		to these fees. During the time period in which a person is
16		required to install an ignition interlock device under this
17		subsection (e), that person shall only operate vehicles in
18		which ignition interlock devices have been installed, except as
19		allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
20		this Code.
21		(f) In addition to any other penalties and liabilities, a
22		person who is found guilty of or pleads guilty to violating
23		Section 11-501, including any person placed on court
24		supervision for violating Section 11-501, shall be assessed
25		$750, payable to the circuit clerk, who shall distribute the
26		money as follows: $350 to the law enforcement agency that made

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1		the arrest, and $400 shall be forwarded to the State Treasurer
2		for deposit into the General Revenue Fund. If the person has
3		been previously convicted of violating Section 11-501 or a
4		similar provision of a local ordinance, the fine shall be
5		$1,000, and the circuit clerk shall distribute $200 to the law
6		enforcement agency that made the arrest and $800 to the State
7		Treasurer for deposit into the General Revenue Fund. In the
8		event that more than one agency is responsible for the arrest,
9		the amount payable to law enforcement agencies shall be shared
10		equally. Any moneys received by a law enforcement agency under
11		this subsection (f) shall be used for enforcement and
12		prevention of driving while under the influence of alcohol,
13		other drug or drugs, intoxicating compound or compounds or any
14		combination thereof, as defined by Section 11-501 of this Code,
15		including but not limited to the purchase of law enforcement
16		equipment and commodities that will assist in the prevention of
17		alcohol related criminal violence throughout the State; police
18		officer training and education in areas related to alcohol
19		related crime, including but not limited to DUI training; and
20		police officer salaries, including but not limited to salaries
21		for hire back funding for safety checkpoints, saturation
22		patrols, and liquor store sting operations. Any moneys received
23		by the Department of State Police under this subsection (f)
24		shall be deposited into the State Police DUI Fund and shall be
25		used to purchase law enforcement equipment that will assist in
26		the prevention of alcohol related criminal violence throughout

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1		the State.
2		(g) The Secretary of State Police DUI Fund is created as a
3		special fund in the State treasury. All moneys received by the
4		Secretary of State Police under subsection (f) of this Section
5		shall be deposited into the Secretary of State Police DUI Fund
6		and, subject to appropriation, shall be used for enforcement
7		and prevention of driving while under the influence of alcohol,
8		other drug or drugs, intoxicating compound or compounds or any
9		combination thereof, as defined by Section 11-501 of this Code,
10		including but not limited to the purchase of law enforcement
11		equipment and commodities to assist in the prevention of
12		alcohol related criminal violence throughout the State; police
13		officer training and education in areas related to alcohol
14		related crime, including but not limited to DUI training; and
15		police officer salaries, including but not limited to salaries
16		for hire back funding for safety checkpoints, saturation
17		patrols, and liquor store sting operations.
18		(h) Whenever an individual is sentenced for an offense
19		based upon an arrest for a violation of Section 11-501 or a
20		similar provision of a local ordinance, and the professional
21		evaluation recommends remedial or rehabilitative treatment or
22		education, neither the treatment nor the education shall be the
23		sole disposition and either or both may be imposed only in
24		conjunction with another disposition. The court shall monitor
25		compliance with any remedial education or treatment
26		recommendations contained in the professional evaluation.

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1		Programs conducting alcohol or other drug evaluation or
2		remedial education must be licensed by the Department of Human
3		Services. If the individual is not a resident of Illinois,
4		however, the court may accept an alcohol or other drug
5		evaluation or remedial education program in the individual's
6		state of residence. Programs providing treatment must be
7		licensed under existing applicable alcoholism and drug
8		treatment licensure standards.
9		(i) In addition to any other fine or penalty required by
10		law, an individual convicted of a violation of Section 11-501,
11		Section 5-7 of the Snowmobile Registration and Safety Act,
12		Section 5-16 of the Boat Registration and Safety Act, or a
13		similar provision, whose operation of a motor vehicle,
14		snowmobile, or watercraft while in violation of Section 11-501,
15		Section 5-7 of the Snowmobile Registration and Safety Act,
16		Section 5-16 of the Boat Registration and Safety Act, or a
17		similar provision proximately caused an incident resulting in
18		an appropriate emergency response, shall be required to make
19		restitution to a public agency for the costs of that emergency
20		response. The restitution may not exceed $1,000 per public
21		agency for each emergency response. As used in this subsection
22		(i), "emergency response" means any incident requiring a
23		response by a police officer, a firefighter carried on the
24		rolls of a regularly constituted fire department, or an
25		ambulance. With respect to funds designated for the Department
26		of State Police, the moneys shall be remitted by the circuit

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1		court clerk to the State Police within one month after receipt
2		for deposit into the State Police DUI Fund. With respect to
3		funds designated for the Department of Natural Resources, the
4		Department of Natural Resources shall deposit the moneys into
5		the Conservation Police Operations Assistance Fund.
6		(j) A person that is subject to a chemical test or tests of
7		blood under subsection (a) of Section 11-501.1 or subdivision
8		(c)(2) of Section 11-501.2 of this Code, whether or not that
9		person consents to testing, shall be liable for the expense up
10		to $500 for blood withdrawal by a physician authorized to
11		practice medicine, a licensed physician assistant, a licensed
12		advanced practice nurse, a registered nurse, a trained
13		phlebotomist, a licensed paramedic, or a qualified person other
14		than a police officer approved by the Department of State
15		Police to withdraw blood, who responds, whether at a law
16		enforcement facility or a health care facility, to a police
17		department request for the drawing of blood based upon refusal
18		of the person to submit to a lawfully requested breath test or
19		probable cause exists to believe the test would disclose the
20		ingestion, consumption, or use of drugs or intoxicating
21		compounds if:
22		(1) the person is found guilty of violating Section
23		11-501 of this Code or a similar provision of a local
24		ordinance; or
25		(2) the person pleads guilty to or stipulates to facts
26		supporting a violation of Section 11-503 of this Code or a

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1		similar provision of a local ordinance when the plea or
2		stipulation was the result of a plea agreement in which the
3		person was originally charged with violating Section
4		11-501 of this Code or a similar local ordinance.
5		(Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13;
6		98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16;
7		revised 11-3-15.)
8		(625 ILCS 5/11-605.1)
9		Sec. 11-605.1. Special limit while traveling through a
10		highway construction or maintenance speed zone.
11		(a) A person may not operate a motor vehicle in a
12		construction or maintenance speed zone at a speed in excess of
13		the posted speed limit when workers are present.
14		(a-5) A person may not operate a motor vehicle in a
15		construction or maintenance speed zone at a speed in excess of
16		the posted speed limit when workers are not present.
17		(b) Nothing in this Chapter prohibits the use of electronic
18		speed-detecting devices within 500 feet of signs within a
19		construction or maintenance speed zone indicating the zone, as
20		defined in this Section, nor shall evidence obtained by use of
21		those devices be inadmissible in any prosecution for speeding,
22		provided the use of the device shall apply only to the
23		enforcement of the speed limit in the construction or
24		maintenance speed zone.
25		(c) As used in this Section, a "construction or maintenance

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1		speed zone" is an area in which the Department, Toll Highway
2		Authority, or local agency has posted signage advising drivers
3		that a construction or maintenance speed zone is being
4		approached, or in which the Department, Authority, or local
5		agency has posted a lower speed limit with a highway
6		construction or maintenance speed zone special speed limit sign
7		after determining that the preexisting established speed limit
8		through a highway construction or maintenance project is
9		greater than is reasonable or safe with respect to the
10		conditions expected to exist in the construction or maintenance
11		speed zone.
12		If it is determined that the preexisting established speed
13		limit is safe with respect to the conditions expected to exist
14		in the construction or maintenance speed zone, additional speed
15		limit signs which conform to the requirements of this
16		subsection (c) shall be posted.
17		Highway construction or maintenance speed zone special
18		speed limit signs shall be of a design approved by the
19		Department. The signs must give proper due warning that a
20		construction or maintenance speed zone is being approached and
21		must indicate the maximum speed limit in effect. The signs also
22		must state the amount of the minimum fine for a violation.
23		(d) Except as provided under subsection (d-5), a person who
24		violates this Section is guilty of a petty offense. Violations
25		of this Section are punishable with a minimum fine of $250 for
26		the first violation and a minimum fine of $750 for the second

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1		or subsequent violation.
2		(d-5) A person committing a violation of this Section is
3		guilty of aggravated special speed limit while traveling
4		through a highway construction or maintenance speed zone when
5		he or she drives a motor vehicle at a speed that is:
6		(1) 26 miles per hour or more but less than 35 miles
7		per hour in excess of the applicable special speed limit
8		established under this Section or a similar provision of a
9		local ordinance and is guilty of a Class B misdemeanor; or
10		(2) 35 miles per hour or more in excess of the
11		applicable special speed limit established under this
12		Section or a similar provision of a local ordinance and is
13		guilty of a Class A misdemeanor.
14		(e) If a fine for a violation of this Section is $250 or
15		greater, the person who violated this Section shall be charged
16		an additional $125, which shall be deposited into the
17		Transportation Safety Highway Hire-back Fund in the State
18		treasury, unless (i) the violation occurred on a highway other
19		than an interstate highway and (ii) a county police officer
20		wrote the ticket for the violation, in which case the $125
21		shall be deposited into that county's Transportation Safety
22		Highway Hire-back Fund. In the case of a second or subsequent
23		violation of this Section, if the fine is $750 or greater, the
24		person who violated this Section shall be charged an additional
25		$250, which shall be deposited into the Transportation Safety
26		Highway Hire-back Fund in the State treasury, unless (i) the

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1		violation occurred on a highway other than an interstate
2		highway and (ii) a county police officer wrote the ticket for
3		the violation, in which case the $250 shall be deposited into
4		that county's Transportation Safety Highway Hire-back Fund.
5		(e-5) The Department of State Police and the local county
6		police department have concurrent jurisdiction over any
7		violation of this Section that occurs on an interstate highway.
8		(f) The Transportation Safety Highway Hire-back Fund,
9		which was created by Public Act 92-619, shall continue to be a
10		special fund in the State treasury. Subject to appropriation by
11		the General Assembly and approval by the Secretary, the
12		Secretary of Transportation shall use all moneys in the
13		Transportation Safety Highway Hire-back Fund to hire off-duty
14		Department of State Police officers to monitor construction or
15		maintenance zones.
16		(f-5) Each county shall create a Transportation Safety
17		Highway Hire-back Fund. The county shall use the moneys in its
18		Transportation Safety Highway Hire-back Fund to hire off-duty
19		county police officers to monitor construction or maintenance
20		zones in that county on highways other than interstate
21		highways. The county, in its discretion, may also use a portion
22		of the moneys in its Transportation Safety Highway Hire-back
23		Fund to purchase equipment for county law enforcement and fund
24		the production of materials to educate drivers on construction
25		zone safe driving habits.
26		(g) For a second or subsequent violation of this Section

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1		within 2 years of the date of the previous violation, the
2		Secretary of State shall suspend the driver's license of the
3		violator for a period of 90 days. This suspension shall only be
4		imposed if the current violation of this Section and at least
5		one prior violation of this Section occurred during a period
6		when workers were present in the construction or maintenance
7		zone.
8		(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,
9		eff. 1-1-16; revised 10-15-15.)
10		(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
11		Sec. 12-215. Oscillating, rotating or flashing lights on
12		motor vehicles. Except as otherwise provided in this Code:
13		(a) The use of red or white oscillating, rotating or
14		flashing lights, whether lighted or unlighted, is prohibited
15		except on:
16		1. Law enforcement vehicles of State, Federal or local
17		authorities;
18		2. A vehicle operated by a police officer or county
19		coroner and designated or authorized by local authorities,
20		in writing, as a law enforcement vehicle; however, such
21		designation or authorization must be carried in the
22		vehicle;
23		2.1. A vehicle operated by a fire chief who has
24		completed an emergency vehicle operation training course
25		approved by the Office of the State Fire Marshal and

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1		designated or authorized by local authorities, in writing,
2		as a fire department, fire protection district, or township
3		fire department vehicle; however, the designation or
4		authorization must be carried in the vehicle, and the
5		lights may be visible or activated only when responding to
6		a bona fide emergency;
7		3. Vehicles of local fire departments and State or
8		federal firefighting vehicles;
9		4. Vehicles which are designed and used exclusively as
10		ambulances or rescue vehicles; furthermore, such lights
11		shall not be lighted except when responding to an emergency
12		call for and while actually conveying the sick or injured;
13		4.5. Vehicles which are occasionally used as rescue
14		vehicles that have been authorized for use as rescue
15		vehicles by a volunteer EMS provider, provided that the
16		operator of the vehicle has successfully completed an
17		emergency vehicle operation training course recognized by
18		the Department of Public Health; furthermore, the lights
19		shall not be lighted except when responding to an emergency
20		call for the sick or injured;
21		5. Tow trucks licensed in a state that requires such
22		lights; furthermore, such lights shall not be lighted on
23		any such tow truck while the tow truck is operating in the
24		State of Illinois;
25		6. Vehicles of the Illinois Emergency Management
26		Agency, vehicles of the Office of the Illinois State Fire

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1		Marshal, vehicles of the Illinois Department of Public
2		Health, vehicles of the Illinois Department of
3		Corrections, and vehicles of the Illinois Department of
4		Juvenile Justice;
5		7. Vehicles operated by a local or county emergency
6		management services agency as defined in the Illinois
7		Emergency Management Agency Act;
8		8. School buses operating alternately flashing head
9		lamps as permitted under Section 12-805 of this Code;
10		9. Vehicles that are equipped and used exclusively as
11		organ transplant vehicles when used in combination with
12		blue oscillating, rotating, or flashing lights;
13		furthermore, these lights shall be lighted only when the
14		transportation is declared an emergency by a member of the
15		transplant team or a representative of the organ
16		procurement organization;
17		10. Vehicles of the Illinois Department of Natural
18		Resources that are used for mine rescue and explosives
19		emergency response;
20		11. Vehicles of the Illinois Department of
21		Transportation identified as Emergency Traffic Patrol; the
22		lights shall not be lighted except when responding to an
23		emergency call or when parked or stationary while engaged
24		in motor vehicle assistance or at the scene of the
25		emergency; and
26		12. Vehicles of the Illinois State Toll Highway

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1		Authority identified as Highway Emergency Lane Patrol; the
2		lights shall not be lighted except when responding to an
3		emergency call or when parked or stationary while engaged
4		in motor vehicle assistance or at the scene of the
5		emergency.
6		(b) The use of amber oscillating, rotating or flashing
7		lights, whether lighted or unlighted, is prohibited except on:
8		1. Second division vehicles designed and used for
9		towing or hoisting vehicles; furthermore, such lights
10		shall not be lighted except as required in this paragraph
11		1; such lights shall be lighted when such vehicles are
12		actually being used at the scene of an accident or
13		disablement; if the towing vehicle is equipped with a flat
14		bed that supports all wheels of the vehicle being
15		transported, the lights shall not be lighted while the
16		vehicle is engaged in towing on a highway; if the towing
17		vehicle is not equipped with a flat bed that supports all
18		wheels of a vehicle being transported, the lights shall be
19		lighted while the towing vehicle is engaged in towing on a
20		highway during all times when the use of headlights is
21		required under Section 12-201 of this Code; in addition,
22		these vehicles may use white oscillating, rotating, or
23		flashing lights in combination with amber oscillating,
24		rotating, or flashing lights as provided in this paragraph;
25		2. Motor vehicles or equipment of the State of
26		Illinois, the Illinois State Toll Highway Authority, local

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1		authorities and contractors; furthermore, such lights
2		shall not be lighted except while such vehicles are engaged
3		in maintenance or construction operations within the
4		limits of construction projects;
5		3. Vehicles or equipment used by engineering or survey
6		crews; furthermore, such lights shall not be lighted except
7		while such vehicles are actually engaged in work on a
8		highway;
9		4. Vehicles of public utilities, municipalities, or
10		other construction, maintenance or automotive service
11		vehicles except that such lights shall be lighted only as a
12		means for indicating the presence of a vehicular traffic
13		hazard requiring unusual care in approaching, overtaking
14		or passing while such vehicles are engaged in maintenance,
15		service or construction on a highway;
16		5. Oversized vehicle or load; however, such lights
17		shall only be lighted when moving under permit issued by
18		the Department under Section 15-301 of this Code;
19		6. The front and rear of motorized equipment owned and
20		operated by the State of Illinois or any political
21		subdivision thereof, which is designed and used for removal
22		of snow and ice from highways;
23		6.1. The front and rear of motorized equipment or
24		vehicles that (i) are not owned by the State of Illinois or
25		any political subdivision of the State, (ii) are designed
26		and used for removal of snow and ice from highways and

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1		parking lots, and (iii) are equipped with a snow plow that
2		is 12 feet in width; these lights may not be lighted except
3		when the motorized equipment or vehicle is actually being
4		used for those purposes on behalf of a unit of government;
5		7. Fleet safety vehicles registered in another state,
6		furthermore, such lights shall not be lighted except as
7		provided for in Section 12-212 of this Code;
8		8. Such other vehicles as may be authorized by local
9		authorities;
10		9. Law enforcement vehicles of State or local
11		authorities when used in combination with red oscillating,
12		rotating or flashing lights;
13		9.5. Propane delivery trucks;
14		10. Vehicles used for collecting or delivering mail for
15		the United States Postal Service provided that such lights
16		shall not be lighted except when such vehicles are actually
17		being used for such purposes;
18		10.5. Vehicles of the Office of the Illinois State Fire
19		Marshal, provided that such lights shall not be lighted
20		except for when such vehicles are engaged in work for the
21		Office of the Illinois State Fire Marshal;
22		11. Any vehicle displaying a slow-moving vehicle
23		emblem as provided in Section 12-205.1;
24		12. All trucks equipped with self-compactors or
25		roll-off hoists and roll-on containers for garbage,
26		recycling, or refuse hauling. Such lights shall not be

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1		lighted except when such vehicles are actually being used
2		for such purposes;
3		13. Vehicles used by a security company, alarm
4		responder, control agency, or the Illinois Department of
5		Corrections;
6		14. Security vehicles of the Department of Human
7		Services; however, the lights shall not be lighted except
8		when being used for security related purposes under the
9		direction of the superintendent of the facility where the
10		vehicle is located; and
11		15. Vehicles of union representatives, except that the
12		lights shall be lighted only while the vehicle is within
13		the limits of a construction project.
14		(c) The use of blue oscillating, rotating or flashing
15		lights, whether lighted or unlighted, is prohibited except on:
16		1. Rescue squad vehicles not owned by a fire department
17		and vehicles owned or operated by a:
18		voluntary firefighter;
19		paid firefighter;
20		part-paid firefighter;
21		call firefighter;
22		member of the board of trustees of a fire
23		protection district;
24		paid or unpaid member of a rescue squad;
25		paid or unpaid member of a voluntary ambulance
26		unit; or

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1		paid or unpaid members of a local or county
2		emergency management services agency as defined in the
3		Illinois Emergency Management Agency Act, designated
4		or authorized by local authorities, in writing, and
5		carrying that designation or authorization in the
6		vehicle.
7		However, such lights are not to be lighted except when
8		responding to a bona fide emergency or when parked or
9		stationary at the scene of a fire, rescue call, ambulance
10		call, or motor vehicle accident.
11		Any person using these lights in accordance with this
12		subdivision (c)1 must carry on his or her person an
13		identification card or letter identifying the bona fide
14		member of a fire department, fire protection district,
15		rescue squad, ambulance unit, or emergency management
16		services agency that owns or operates that vehicle. The
17		card or letter must include:
18		(A) the name of the fire department, fire
19		protection district, rescue squad, ambulance unit, or
20		emergency management services agency;
21		(B) the member's position within the fire
22		department, fire protection district, rescue squad,
23		ambulance unit, or emergency management services
24		agency;
25		(C) the member's term of service; and
26		(D) the name of a person within the fire

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1		department, fire protection district, rescue squad,
2		ambulance unit, or emergency management services
3		agency to contact to verify the information provided.
4		2. Police department vehicles in cities having a
5		population of 500,000 or more inhabitants.
6		3. Law enforcement vehicles of State or local
7		authorities when used in combination with red oscillating,
8		rotating or flashing lights.
9		4. Vehicles of local fire departments and State or
10		federal firefighting vehicles when used in combination
11		with red oscillating, rotating or flashing lights.
12		5. Vehicles which are designed and used exclusively as
13		ambulances or rescue vehicles when used in combination with
14		red oscillating, rotating or flashing lights; furthermore,
15		such lights shall not be lighted except when responding to
16		an emergency call.
17		6. Vehicles that are equipped and used exclusively as
18		organ transport vehicles when used in combination with red
19		oscillating, rotating, or flashing lights; furthermore,
20		these lights shall only be lighted when the transportation
21		is declared an emergency by a member of the transplant team
22		or a representative of the organ procurement organization.
23		7. Vehicles of the Illinois Emergency Management
24		Agency, vehicles of the Office of the Illinois State Fire
25		Marshal, vehicles of the Illinois Department of Public
26		Health, vehicles of the Illinois Department of

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1		Corrections, and vehicles of the Illinois Department of
2		Juvenile Justice, when used in combination with red
3		oscillating, rotating, or flashing lights.
4		8. Vehicles operated by a local or county emergency
5		management services agency as defined in the Illinois
6		Emergency Management Agency Act, when used in combination
7		with red oscillating, rotating, or flashing lights.
8		9. Vehicles of the Illinois Department of Natural
9		Resources that are used for mine rescue and explosives
10		emergency response, when used in combination with red
11		oscillating, rotating, or flashing lights.
12		(c-1) In addition to the blue oscillating, rotating, or
13		flashing lights permitted under subsection (c), and
14		notwithstanding subsection (a), a vehicle operated by a
15		voluntary firefighter, a voluntary member of a rescue squad, or
16		a member of a voluntary ambulance unit may be equipped with
17		flashing white headlights and blue grill lights, which may be
18		used only in responding to an emergency call or when parked or
19		stationary at the scene of a fire, rescue call, ambulance call,
20		or motor vehicle accident.
21		(c-2) In addition to the blue oscillating, rotating, or
22		flashing lights permitted under subsection (c), and
23		notwithstanding subsection (a), a vehicle operated by a paid or
24		unpaid member of a local or county emergency management
25		services agency as defined in the Illinois Emergency Management
26		Agency Act, may be equipped with white oscillating, rotating,

HB5540 Enrolled - 1239 - LRB099 16003 AMC 40320 b
1		or flashing lights to be used in combination with blue
2		oscillating, rotating, or flashing lights, if authorization by
3		local authorities is in writing and carried in the vehicle.
4		(d) The use of a combination of amber and white
5		oscillating, rotating or flashing lights, whether lighted or
6		unlighted, is prohibited except on second division vehicles
7		designed and used for towing or hoisting vehicles or motor
8		vehicles or equipment of the State of Illinois, local
9		authorities, contractors, and union representatives;
10		furthermore, such lights shall not be lighted on second
11		division vehicles designed and used for towing or hoisting
12		vehicles or vehicles of the State of Illinois, local
13		authorities, and contractors except while such vehicles are
14		engaged in a tow operation, highway maintenance, or
15		construction operations within the limits of highway
16		construction projects, and shall not be lighted on the vehicles
17		of union representatives except when those vehicles are within
18		the limits of a construction project.
19		(e) All oscillating, rotating or flashing lights referred
20		to in this Section shall be of sufficient intensity, when
21		illuminated, to be visible at 500 feet in normal sunlight.
22		(f) Nothing in this Section shall prohibit a manufacturer
23		of oscillating, rotating or flashing lights or his
24		representative or authorized vendor from temporarily mounting
25		such lights on a vehicle for demonstration purposes only. If
26		the lights are not covered while the vehicle is operated upon a

HB5540 Enrolled - 1240 - LRB099 16003 AMC 40320 b
1		highway, the vehicle shall display signage indicating that the
2		vehicle is out of service or not an emergency vehicle. The
3		signage shall be displayed on all sides of the vehicle in
4		letters at least 2 inches tall and one-half inch wide. A
5		vehicle authorized to have oscillating, rotating, or flashing
6		lights mounted for demonstration purposes may not activate the
7		lights while the vehicle is operated upon a highway.
8		(g) Any person violating the provisions of subsections (a),
9		(b), (c) or (d) of this Section who without lawful authority
10		stops or detains or attempts to stop or detain another person
11		shall be guilty of a Class 2 felony.
12		(h) Except as provided in subsection (g) above, any person
13		violating the provisions of subsections (a) or (c) of this
14		Section shall be guilty of a Class A misdemeanor.
15		(Source: P.A. 98-80, eff. 7-15-13; 98-123, eff. 1-1-14; 98-468,
16		eff. 8-16-13; 98-756, eff. 7-16-14; 98-873, eff. 1-1-15; 99-40,
17		eff. 1-1-16; 99-78, eff. 7-20-15; 99-125, eff. 1-1-16; revised
18		10-15-15.)
19		(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
20		Sec. 15-316. When the Department or local authority may
21		restrict right to use highways.
22		(a) Except as provided in subsection (g), local authorities
23		with respect to highways under their jurisdiction may by
24		ordinance or resolution prohibit the operation of vehicles upon
25		any such highway or impose restrictions as to the weight of

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1		vehicles to be operated upon any such highway, for a total
2		period of not to exceed 90 days, measured in either consecutive
3		or nonconsecutive days at the discretion of local authorities,
4		in any one calendar year, whenever any said highway by reason
5		of deterioration, rain, snow, or other climate conditions will
6		be seriously damaged or destroyed unless the use of vehicles
7		thereon is prohibited or the permissible weights thereof
8		reduced.
9		(b) The local authority enacting any such ordinance or
10		resolution shall erect or cause to be erected and maintained
11		signs designating the provision of the ordinance or resolution
12		at each end of that portion of any highway affected thereby,
13		and the ordinance or resolution shall not be effective unless
14		and until such signs are erected and maintained.
15		(c) Local authorities with respect to highways under their
16		jurisdiction may also, by ordinance or resolution, prohibit the
17		operation of trucks or other commercial vehicles, or may impose
18		limitations as the weight thereof, on designated highways,
19		which prohibitions and limitations shall be designated by
20		appropriate signs placed on such highways.
21		(c-1) (Blank).
22		(c-5) Highway commissioners, with respect to roads under
23		their authority, may not permanently post a road or portion
24		thereof at a reduced weight limit unless the decision to do so
25		is made in accordance with Section Sec. 6-201.22 of the
26		Illinois Highway Code.

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1		(d) The Department shall likewise have authority as
2		hereinbefore granted to local authorities to determine by
3		resolution and to impose restrictions as to the weight of
4		vehicles operated upon any highway under the jurisdiction of
5		said department, and such restrictions shall be effective when
6		signs giving notice thereof are erected upon the highway or
7		portion of any highway affected by such resolution.
8		(d-1) (Blank).
9		(d-2) (Blank).
10		(e) When any vehicle is operated in violation of this
11		Section, the owner or driver of the vehicle shall be deemed
12		guilty of a violation and either the owner or the driver of the
13		vehicle may be prosecuted for the violation. Any person, firm,
14		or corporation convicted of violating this Section shall be
15		fined $50 for any weight exceeding the posted limit up to the
16		axle or gross weight limit allowed a vehicle as provided for in
17		subsections (a) or (b) of Section 15-111 and $75 per every 500
18		pounds or fraction thereof for any weight exceeding that which
19		is provided for in subsections (a) or (b) of Section 15-111.
20		(f) A municipality is authorized to enforce a county weight
21		limit ordinance applying to county highways within its
22		corporate limits and is entitled to the proceeds of any fines
23		collected from the enforcement.
24		(g) An ordinance or resolution enacted by a county or
25		township pursuant to subsection (a) of this Section shall not
26		apply to cargo tank vehicles with two or three permanent axles

HB5540 Enrolled - 1243 - LRB099 16003 AMC 40320 b
1		when delivering propane for emergency heating purposes if the
2		cargo tank is loaded at no more than 50 percent capacity, the
3		gross vehicle weight of the vehicle does not exceed 32,000
4		pounds, and the driver of the cargo tank vehicle notifies the
5		appropriate agency or agencies with jurisdiction over the
6		highway before driving the vehicle on the highway pursuant to
7		this subsection. The cargo tank vehicle must have an operating
8		gauge on the cargo tank which indicates the amount of propane
9		as a percent of capacity of the cargo tank. The cargo tank must
10		have the capacity displayed on the cargo tank, or documentation
11		of the capacity of the cargo tank must be available in the
12		vehicle. For the purposes of this subsection, propane weighs
13		4.2 pounds per gallon. This subsection does not apply to
14		municipalities. Nothing in this subsection shall allow cargo
15		tank vehicles to cross bridges with posted weight restrictions
16		if the vehicle exceeds the posted weight limit.
17		(Source: P.A. 99-168, eff. 1-1-16; 99-237, eff. 1-1-16; revised
18		10-19-15.)
19		Section 530. The Juvenile Court Act of 1987 is amended by
20		changing Sections 2-10, 3-12, and 5-530 as follows:
21		(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
22		Sec. 2-10. Temporary custody hearing. At the appearance of
23		the minor before the court at the temporary custody hearing,
24		all witnesses present shall be examined before the court in

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1		relation to any matter connected with the allegations made in
2		the petition.
3		(1) If the court finds that there is not probable cause to
4		believe that the minor is abused, neglected or dependent it
5		shall release the minor and dismiss the petition.
6		(2) If the court finds that there is probable cause to
7		believe that the minor is abused, neglected or dependent, the
8		court shall state in writing the factual basis supporting its
9		finding and the minor, his or her parent, guardian, custodian
10		and other persons able to give relevant testimony shall be
11		examined before the court. The Department of Children and
12		Family Services shall give testimony concerning indicated
13		reports of abuse and neglect, of which they are aware of
14		through the central registry, involving the minor's parent,
15		guardian or custodian. After such testimony, the court may,
16		consistent with the health, safety and best interests of the
17		minor, enter an order that the minor shall be released upon the
18		request of parent, guardian or custodian if the parent,
19		guardian or custodian appears to take custody. If it is
20		determined that a parent's, guardian's, or custodian's
21		compliance with critical services mitigates the necessity for
22		removal of the minor from his or her home, the court may enter
23		an Order of Protection setting forth reasonable conditions of
24		behavior that a parent, guardian, or custodian must observe for
25		a specified period of time, not to exceed 12 months, without a
26		violation; provided, however, that the 12-month period shall

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1		begin anew after any violation. Custodian shall include any
2		agency of the State which has been given custody or wardship of
3		the child. If it is consistent with the health, safety and best
4		interests of the minor, the court may also prescribe shelter
5		care and order that the minor be kept in a suitable place
6		designated by the court or in a shelter care facility
7		designated by the Department of Children and Family Services or
8		a licensed child welfare agency; however, on and after January
9		1, 2015 (the effective date of Public Act 98-803) this
10		amendatory Act of the 98th General Assembly and before January
11		1, 2017, a minor charged with a criminal offense under the
12		Criminal Code of 1961 or the Criminal Code of 2012 or
13		adjudicated delinquent shall not be placed in the custody of or
14		committed to the Department of Children and Family Services by
15		any court, except a minor less than 16 years of age and
16		committed to the Department of Children and Family Services
17		under Section 5-710 of this Act or a minor for whom an
18		independent basis of abuse, neglect, or dependency exists; and
19		on and after January 1, 2017, a minor charged with a criminal
20		offense under the Criminal Code of 1961 or the Criminal Code of
21		2012 or adjudicated delinquent shall not be placed in the
22		custody of or committed to the Department of Children and
23		Family Services by any court, except a minor less than 15 years
24		of age and committed to the Department of Children and Family
25		Services under Section 5-710 of this Act or a minor for whom an
26		independent basis of abuse, neglect, or dependency exists. An

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1		independent basis exists when the allegations or adjudication
2		of abuse, neglect, or dependency do not arise from the same
3		facts, incident, or circumstances which give rise to a charge
4		or adjudication of delinquency.
5		In placing the minor, the Department or other agency shall,
6		to the extent compatible with the court's order, comply with
7		Section 7 of the Children and Family Services Act. In
8		determining the health, safety and best interests of the minor
9		to prescribe shelter care, the court must find that it is a
10		matter of immediate and urgent necessity for the safety and
11		protection of the minor or of the person or property of another
12		that the minor be placed in a shelter care facility or that he
13		or she is likely to flee the jurisdiction of the court, and
14		must further find that reasonable efforts have been made or
15		that, consistent with the health, safety and best interests of
16		the minor, no efforts reasonably can be made to prevent or
17		eliminate the necessity of removal of the minor from his or her
18		home. The court shall require documentation from the Department
19		of Children and Family Services as to the reasonable efforts
20		that were made to prevent or eliminate the necessity of removal
21		of the minor from his or her home or the reasons why no efforts
22		reasonably could be made to prevent or eliminate the necessity
23		of removal. When a minor is placed in the home of a relative,
24		the Department of Children and Family Services shall complete a
25		preliminary background review of the members of the minor's
26		custodian's household in accordance with Section 4.3 of the

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1		Child Care Act of 1969 within 90 days of that placement. If the
2		minor is ordered placed in a shelter care facility of the
3		Department of Children and Family Services or a licensed child
4		welfare agency, the court shall, upon request of the
5		appropriate Department or other agency, appoint the Department
6		of Children and Family Services Guardianship Administrator or
7		other appropriate agency executive temporary custodian of the
8		minor and the court may enter such other orders related to the
9		temporary custody as it deems fit and proper, including the
10		provision of services to the minor or his family to ameliorate
11		the causes contributing to the finding of probable cause or to
12		the finding of the existence of immediate and urgent necessity.
13		Where the Department of Children and Family Services
14		Guardianship Administrator is appointed as the executive
15		temporary custodian, the Department of Children and Family
16		Services shall file with the court and serve on the parties a
17		parent-child visiting plan, within 10 days, excluding weekends
18		and holidays, after the appointment. The parent-child visiting
19		plan shall set out the time and place of visits, the frequency
20		of visits, the length of visits, who shall be present at the
21		visits, and where appropriate, the minor's opportunities to
22		have telephone and mail communication with the parents.
23		Where the Department of Children and Family Services
24		Guardianship Administrator is appointed as the executive
25		temporary custodian, and when the child has siblings in care,
26		the Department of Children and Family Services shall file with

HB5540 Enrolled - 1248 - LRB099 16003 AMC 40320 b
1		the court and serve on the parties a sibling placement and
2		contact plan within 10 days, excluding weekends and holidays,
3		after the appointment. The sibling placement and contact plan
4		shall set forth whether the siblings are placed together, and
5		if they are not placed together, what, if any, efforts are
6		being made to place them together. If the Department has
7		determined that it is not in a child's best interest to be
8		placed with a sibling, the Department shall document in the
9		sibling placement and contact plan the basis for its
10		determination. For siblings placed separately, the sibling
11		placement and contact plan shall set the time and place for
12		visits, the frequency of the visits, the length of visits, who
13		shall be present for the visits, and where appropriate, the
14		child's opportunities to have contact with their siblings in
15		addition to in person contact. If the Department determines it
16		is not in the best interest of a sibling to have contact with a
17		sibling, the Department shall document in the sibling placement
18		and contact plan the basis for its determination. The sibling
19		placement and contact plan shall specify a date for development
20		of the Sibling Contact Support Plan, under subsection (f) of
21		Section 7.4 of the Children and Family Services Act, and shall
22		remain in effect until the Sibling Contact Support Plan is
23		developed.
24		For good cause, the court may waive the requirement to
25		file the parent-child visiting plan or the sibling placement
26		and contact plan, or extend the time for filing either plan.

HB5540 Enrolled - 1249 - LRB099 16003 AMC 40320 b
1		Any party may, by motion, request the court to review the
2		parent-child visiting plan to determine whether it is
3		reasonably calculated to expeditiously facilitate the
4		achievement of the permanency goal. A party may, by motion,
5		request the court to review the parent-child visiting plan or
6		the sibling placement and contact plan to determine whether it
7		is consistent with the minor's best interest. The court may
8		refer the parties to mediation where available. The frequency,
9		duration, and locations of visitation shall be measured by the
10		needs of the child and family, and not by the convenience of
11		Department personnel. Child development principles shall be
12		considered by the court in its analysis of how frequent
13		visitation should be, how long it should last, where it should
14		take place, and who should be present. If upon motion of the
15		party to review either plan and after receiving evidence, the
16		court determines that the parent-child visiting plan is not
17		reasonably calculated to expeditiously facilitate the
18		achievement of the permanency goal or that the restrictions
19		placed on parent-child contact or sibling placement or contact
20		are contrary to the child's best interests, the court shall put
21		in writing the factual basis supporting the determination and
22		enter specific findings based on the evidence. The court shall
23		enter an order for the Department to implement changes to the
24		parent-child visiting plan or sibling placement or contact
25		plan, consistent with the court's findings. At any stage of
26		proceeding, any party may by motion request the court to enter

HB5540 Enrolled - 1250 - LRB099 16003 AMC 40320 b
1		any orders necessary to implement the parent-child visiting
2		plan, sibling placement or contact plan or subsequently
3		developed Sibling Contact Support Plan. Nothing under this
4		subsection (2) shall restrict the court from granting
5		discretionary authority to the Department to increase
6		opportunities for additional parent-child contacts or sibling
7		contacts, without further court orders. Nothing in this
8		subsection (2) shall restrict the Department from immediately
9		restricting or terminating parent-child contact or sibling
10		contacts, without either amending the parent-child visiting
11		plan or the sibling contact plan or obtaining a court order,
12		where the Department or its assigns reasonably believe that
13		continuation of the contact, as set out in the plan, would be
14		contrary to the child's health, safety, and welfare. The
15		Department shall file with the court and serve on the parties
16		any amendments to the plan within 10 days, excluding weekends
17		and holidays, of the change of the visitation.
18		Acceptance of services shall not be considered an admission
19		of any allegation in a petition made pursuant to this Act, nor
20		may a referral of services be considered as evidence in any
21		proceeding pursuant to this Act, except where the issue is
22		whether the Department has made reasonable efforts to reunite
23		the family. In making its findings that it is consistent with
24		the health, safety and best interests of the minor to prescribe
25		shelter care, the court shall state in writing (i) the factual
26		basis supporting its findings concerning the immediate and

HB5540 Enrolled - 1251 - LRB099 16003 AMC 40320 b
1		urgent necessity for the protection of the minor or of the
2		person or property of another and (ii) the factual basis
3		supporting its findings that reasonable efforts were made to
4		prevent or eliminate the removal of the minor from his or her
5		home or that no efforts reasonably could be made to prevent or
6		eliminate the removal of the minor from his or her home. The
7		parents, guardian, custodian, temporary custodian and minor
8		shall each be furnished a copy of such written findings. The
9		temporary custodian shall maintain a copy of the court order
10		and written findings in the case record for the child. The
11		order together with the court's findings of fact in support
12		thereof shall be entered of record in the court.
13		Once the court finds that it is a matter of immediate and
14		urgent necessity for the protection of the minor that the minor
15		be placed in a shelter care facility, the minor shall not be
16		returned to the parent, custodian or guardian until the court
17		finds that such placement is no longer necessary for the
18		protection of the minor.
19		If the child is placed in the temporary custody of the
20		Department of Children and Family Services for his or her
21		protection, the court shall admonish the parents, guardian,
22		custodian or responsible relative that the parents must
23		cooperate with the Department of Children and Family Services,
24		comply with the terms of the service plans, and correct the
25		conditions which require the child to be in care, or risk
26		termination of their parental rights.

HB5540 Enrolled - 1252 - LRB099 16003 AMC 40320 b
1		(3) If prior to the shelter care hearing for a minor
2		described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
3		is unable to serve notice on the party respondent, the shelter
4		care hearing may proceed ex parte ex-parte. A shelter care
5		order from an ex parte ex-parte hearing shall be endorsed with
6		the date and hour of issuance and shall be filed with the
7		clerk's office and entered of record. The order shall expire
8		after 10 days from the time it is issued unless before its
9		expiration it is renewed, at a hearing upon appearance of the
10		party respondent, or upon an affidavit of the moving party as
11		to all diligent efforts to notify the party respondent by
12		notice as herein prescribed. The notice prescribed shall be in
13		writing and shall be personally delivered to the minor or the
14		minor's attorney and to the last known address of the other
15		person or persons entitled to notice. The notice shall also
16		state the nature of the allegations, the nature of the order
17		sought by the State, including whether temporary custody is
18		sought, and the consequences of failure to appear and shall
19		contain a notice that the parties will not be entitled to
20		further written notices or publication notices of proceedings
21		in this case, including the filing of an amended petition or a
22		motion to terminate parental rights, except as required by
23		Supreme Court Rule 11; and shall explain the right of the
24		parties and the procedures to vacate or modify a shelter care
25		order as provided in this Section. The notice for a shelter
26		care hearing shall be substantially as follows:

HB5540 Enrolled - 1253 - LRB099 16003 AMC 40320 b
1		NOTICE TO PARENTS AND CHILDREN
2		OF SHELTER CARE HEARING
3		On ................ at ........., before the Honorable
4		................, (address:) ................., the State
5		of Illinois will present evidence (1) that (name of child
6		or children) ....................... are abused, neglected
7		or dependent for the following reasons:
8		.............................................. and (2)
9		whether there is "immediate and urgent necessity" to remove
10		the child or children from the responsible relative.
11		YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
12		PLACEMENT of the child or children in foster care until a
13		trial can be held. A trial may not be held for up to 90
14		days. You will not be entitled to further notices of
15		proceedings in this case, including the filing of an
16		amended petition or a motion to terminate parental rights.
17		At the shelter care hearing, parents have the following
18		rights:
19		1. To ask the court to appoint a lawyer if they
20		cannot afford one.
21		2. To ask the court to continue the hearing to
22		allow them time to prepare.
23		3. To present evidence concerning:
24		a. Whether or not the child or children were
25		abused, neglected or dependent.
26		b. Whether or not there is "immediate and

HB5540 Enrolled - 1254 - LRB099 16003 AMC 40320 b
1		urgent necessity" to remove the child from home
2		(including: their ability to care for the child,
3		conditions in the home, alternative means of
4		protecting the child other than removal).
5		c. The best interests of the child.
6		4. To cross examine the State's witnesses.
7		The Notice for rehearings shall be substantially as
8		follows:
9		NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
10		TO REHEARING ON TEMPORARY CUSTODY
11		If you were not present at and did not have adequate
12		notice of the Shelter Care Hearing at which temporary
13		custody of ............... was awarded to
14		................, you have the right to request a full
15		rehearing on whether the State should have temporary
16		custody of ................. To request this rehearing,
17		you must file with the Clerk of the Juvenile Court
18		(address): ........................, in person or by
19		mailing a statement (affidavit) setting forth the
20		following:
21		1. That you were not present at the shelter care
22		hearing.
23		2. That you did not get adequate notice (explaining
24		how the notice was inadequate).
25		3. Your signature.

HB5540 Enrolled - 1255 - LRB099 16003 AMC 40320 b
1		4. Signature must be notarized.
2		The rehearing should be scheduled within 48 hours of
3		your filing this affidavit.
4		At the rehearing, your rights are the same as at the
5		initial shelter care hearing. The enclosed notice explains
6		those rights.
7		At the Shelter Care Hearing, children have the
8		following rights:
9		1. To have a guardian ad litem appointed.
10		2. To be declared competent as a witness and to
11		present testimony concerning:
12		a. Whether they are abused, neglected or
13		dependent.
14		b. Whether there is "immediate and urgent
15		necessity" to be removed from home.
16		c. Their best interests.
17		3. To cross examine witnesses for other parties.
18		4. To obtain an explanation of any proceedings and
19		orders of the court.
20		(4) If the parent, guardian, legal custodian, responsible
21		relative, minor age 8 or over, or counsel of the minor did not
22		have actual notice of or was not present at the shelter care
23		hearing, he or she may file an affidavit setting forth these
24		facts, and the clerk shall set the matter for rehearing not
25		later than 48 hours, excluding Sundays and legal holidays,
26		after the filing of the affidavit. At the rehearing, the court

HB5540 Enrolled - 1256 - LRB099 16003 AMC 40320 b
1		shall proceed in the same manner as upon the original hearing.
2		(5) Only when there is reasonable cause to believe that the
3		minor taken into custody is a person described in subsection
4		(3) of Section 5-105 may the minor be kept or detained in a
5		detention home or county or municipal jail. This Section shall
6		in no way be construed to limit subsection (6).
7		(6) No minor under 16 years of age may be confined in a
8		jail or place ordinarily used for the confinement of prisoners
9		in a police station. Minors under 18 years of age must be kept
10		separate from confined adults and may not at any time be kept
11		in the same cell, room, or yard with adults confined pursuant
12		to the criminal law.
13		(7) If the minor is not brought before a judicial officer
14		within the time period as specified in Section 2-9, the minor
15		must immediately be released from custody.
16		(8) If neither the parent, guardian or custodian appears
17		within 24 hours to take custody of a minor released upon
18		request pursuant to subsection (2) of this Section, then the
19		clerk of the court shall set the matter for rehearing not later
20		than 7 days after the original order and shall issue a summons
21		directed to the parent, guardian or custodian to appear. At the
22		same time the probation department shall prepare a report on
23		the minor. If a parent, guardian or custodian does not appear
24		at such rehearing, the judge may enter an order prescribing
25		that the minor be kept in a suitable place designated by the
26		Department of Children and Family Services or a licensed child

HB5540 Enrolled - 1257 - LRB099 16003 AMC 40320 b
1		welfare agency.
2		(9) Notwithstanding any other provision of this Section any
3		interested party, including the State, the temporary
4		custodian, an agency providing services to the minor or family
5		under a service plan pursuant to Section 8.2 of the Abused and
6		Neglected Child Reporting Act, foster parent, or any of their
7		representatives, on notice to all parties entitled to notice,
8		may file a motion that it is in the best interests of the minor
9		to modify or vacate a temporary custody order on any of the
10		following grounds:
11		(a) It is no longer a matter of immediate and urgent
12		necessity that the minor remain in shelter care; or
13		(b) There is a material change in the circumstances of
14		the natural family from which the minor was removed and the
15		child can be cared for at home without endangering the
16		child's health or safety; or
17		(c) A person not a party to the alleged abuse, neglect
18		or dependency, including a parent, relative or legal
19		guardian, is capable of assuming temporary custody of the
20		minor; or
21		(d) Services provided by the Department of Children and
22		Family Services or a child welfare agency or other service
23		provider have been successful in eliminating the need for
24		temporary custody and the child can be cared for at home
25		without endangering the child's health or safety.
26		In ruling on the motion, the court shall determine whether

HB5540 Enrolled - 1258 - LRB099 16003 AMC 40320 b
1		it is consistent with the health, safety and best interests of
2		the minor to modify or vacate a temporary custody order.
3		The clerk shall set the matter for hearing not later than
4		14 days after such motion is filed. In the event that the court
5		modifies or vacates a temporary custody order but does not
6		vacate its finding of probable cause, the court may order that
7		appropriate services be continued or initiated in behalf of the
8		minor and his or her family.
9		(10) When the court finds or has found that there is
10		probable cause to believe a minor is an abused minor as
11		described in subsection (2) of Section 2-3 and that there is an
12		immediate and urgent necessity for the abused minor to be
13		placed in shelter care, immediate and urgent necessity shall be
14		presumed for any other minor residing in the same household as
15		the abused minor provided:
16		(a) Such other minor is the subject of an abuse or
17		neglect petition pending before the court; and
18		(b) A party to the petition is seeking shelter care for
19		such other minor.
20		Once the presumption of immediate and urgent necessity has
21		been raised, the burden of demonstrating the lack of immediate
22		and urgent necessity shall be on any party that is opposing
23		shelter care for the other minor.
24		(11) The changes made to this Section by Public Act 98-61
25		apply to a minor who has been arrested or taken into custody on
26		or after January 1, 2014 (the effective date of Public Act

HB5540 Enrolled - 1259 - LRB099 16003 AMC 40320 b
1		98-61).
2		(Source: P.A. 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13;
3		98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 98-803, eff. 1-1-15;
4		revised 10-16-15.)
5		(705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
6		Sec. 3-12. Shelter care hearing. At the appearance of the
7		minor before the court at the shelter care hearing, all
8		witnesses present shall be examined before the court in
9		relation to any matter connected with the allegations made in
10		the petition.
11		(1) If the court finds that there is not probable cause to
12		believe that the minor is a person requiring authoritative
13		intervention, it shall release the minor and dismiss the
14		petition.
15		(2) If the court finds that there is probable cause to
16		believe that the minor is a person requiring authoritative
17		intervention, the minor, his or her parent, guardian, custodian
18		and other persons able to give relevant testimony shall be
19		examined before the court. After such testimony, the court may
20		enter an order that the minor shall be released upon the
21		request of a parent, guardian or custodian if the parent,
22		guardian or custodian appears to take custody. Custodian shall
23		include any agency of the State which has been given custody or
24		wardship of the child. The Court shall require documentation by
25		representatives of the Department of Children and Family

HB5540 Enrolled - 1260 - LRB099 16003 AMC 40320 b
1		Services or the probation department as to the reasonable
2		efforts that were made to prevent or eliminate the necessity of
3		removal of the minor from his or her home, and shall consider
4		the testimony of any person as to those reasonable efforts. If
5		the court finds that it is a matter of immediate and urgent
6		necessity for the protection of the minor or of the person or
7		property of another that the minor be placed in a shelter care
8		facility, or that he or she is likely to flee the jurisdiction
9		of the court, and further finds that reasonable efforts have
10		been made or good cause has been shown why reasonable efforts
11		cannot prevent or eliminate the necessity of removal of the
12		minor from his or her home, the court may prescribe shelter
13		care and order that the minor be kept in a suitable place
14		designated by the court or in a shelter care facility
15		designated by the Department of Children and Family Services or
16		a licensed child welfare agency; otherwise it shall release the
17		minor from custody. If the court prescribes shelter care, then
18		in placing the minor, the Department or other agency shall, to
19		the extent compatible with the court's order, comply with
20		Section 7 of the Children and Family Services Act. If the minor
21		is ordered placed in a shelter care facility of the Department
22		of Children and Family Services or a licensed child welfare
23		agency, the court shall, upon request of the Department or
24		other agency, appoint the Department of Children and Family
25		Services Guardianship Administrator or other appropriate
26		agency executive temporary custodian of the minor and the court

HB5540 Enrolled - 1261 - LRB099 16003 AMC 40320 b
1		may enter such other orders related to the temporary custody as
2		it deems fit and proper, including the provision of services to
3		the minor or his family to ameliorate the causes contributing
4		to the finding of probable cause or to the finding of the
5		existence of immediate and urgent necessity. Acceptance of
6		services shall not be considered an admission of any allegation
7		in a petition made pursuant to this Act, nor may a referral of
8		services be considered as evidence in any proceeding pursuant
9		to this Act, except where the issue is whether the Department
10		has made reasonable efforts to reunite the family. In making
11		its findings that reasonable efforts have been made or that
12		good cause has been shown why reasonable efforts cannot prevent
13		or eliminate the necessity of removal of the minor from his or
14		her home, the court shall state in writing its findings
15		concerning the nature of the services that were offered or the
16		efforts that were made to prevent removal of the child and the
17		apparent reasons that such services or efforts could not
18		prevent the need for removal. The parents, guardian, custodian,
19		temporary custodian and minor shall each be furnished a copy of
20		such written findings. The temporary custodian shall maintain a
21		copy of the court order and written findings in the case record
22		for the child.
23		The order together with the court's findings of fact and
24		support thereof shall be entered of record in the court.
25		Once the court finds that it is a matter of immediate and
26		urgent necessity for the protection of the minor that the minor

HB5540 Enrolled - 1262 - LRB099 16003 AMC 40320 b
1		be placed in a shelter care facility, the minor shall not be
2		returned to the parent, custodian or guardian until the court
3		finds that such placement is no longer necessary for the
4		protection of the minor.
5		(3) If prior to the shelter care hearing for a minor
6		described in Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is
7		unable to serve notice on the party respondent, the shelter
8		care hearing may proceed ex parte ex-parte. A shelter care
9		order from an ex parte ex-parte hearing shall be endorsed with
10		the date and hour of issuance and shall be filed with the
11		clerk's office and entered of record. The order shall expire
12		after 10 days from the time it is issued unless before its
13		expiration it is renewed, at a hearing upon appearance of the
14		party respondent, or upon an affidavit of the moving party as
15		to all diligent efforts to notify the party respondent by
16		notice as herein prescribed. The notice prescribed shall be in
17		writing and shall be personally delivered to the minor or the
18		minor's attorney and to the last known address of the other
19		person or persons entitled to notice. The notice shall also
20		state the nature of the allegations, the nature of the order
21		sought by the State, including whether temporary custody is
22		sought, and the consequences of failure to appear; and shall
23		explain the right of the parties and the procedures to vacate
24		or modify a shelter care order as provided in this Section. The
25		notice for a shelter care hearing shall be substantially as
26		follows:

HB5540 Enrolled - 1263 - LRB099 16003 AMC 40320 b
1		NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
2		On ................ at ........., before the Honorable
3		................, (address:) ................., the State of
4		Illinois will present evidence (1) that (name of child or
5		children) ....................... are abused, neglected or
6		dependent for the following reasons:
7		.............................................................
8		and (2) that there is "immediate and urgent necessity" to
9		remove the child or children from the responsible relative.
10		YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
11		PLACEMENT of the child or children in foster care until a trial
12		can be held. A trial may not be held for up to 90 days.
13		At the shelter care hearing, parents have the following
14		rights:
15		1. To ask the court to appoint a lawyer if they cannot
16		afford one.
17		2. To ask the court to continue the hearing to allow
18		them time to prepare.
19		3. To present evidence concerning:
20		a. Whether or not the child or children were
21		abused, neglected or dependent.
22		b. Whether or not there is "immediate and urgent
23		necessity" to remove the child from home (including:
24		their ability to care for the child, conditions in the
25		home, alternative means of protecting the child other
26		than removal).

HB5540 Enrolled - 1264 - LRB099 16003 AMC 40320 b
1		c. The best interests of the child.
2		4. To cross examine the State's witnesses.
3		The Notice for rehearings shall be substantially as
4		follows:
5		NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
6		TO REHEARING ON TEMPORARY CUSTODY
7		If you were not present at and did not have adequate notice
8		of the Shelter Care Hearing at which temporary custody of
9		............... was awarded to ................, you have the
10		right to request a full rehearing on whether the State should
11		have temporary custody of ................. To request this
12		rehearing, you must file with the Clerk of the Juvenile Court
13		(address): ........................, in person or by mailing a
14		statement (affidavit) setting forth the following:
15		1. That you were not present at the shelter care
16		hearing.
17		2. That you did not get adequate notice (explaining how
18		the notice was inadequate).
19		3. Your signature.
20		4. Signature must be notarized.
21		The rehearing should be scheduled within one day of your
22		filing this affidavit.
23		At the rehearing, your rights are the same as at the
24		initial shelter care hearing. The enclosed notice explains
25		those rights.
26		At the Shelter Care Hearing, children have the following

HB5540 Enrolled - 1265 - LRB099 16003 AMC 40320 b
1		rights:
2		1. To have a guardian ad litem appointed.
3		2. To be declared competent as a witness and to present
4		testimony concerning:
5		a. Whether they are abused, neglected or
6		dependent.
7		b. Whether there is "immediate and urgent
8		necessity" to be removed from home.
9		c. Their best interests.
10		3. To cross examine witnesses for other parties.
11		4. To obtain an explanation of any proceedings and
12		orders of the court.
13		(4) If the parent, guardian, legal custodian, responsible
14		relative, or counsel of the minor did not have actual notice of
15		or was not present at the shelter care hearing, he or she may
16		file an affidavit setting forth these facts, and the clerk
17		shall set the matter for rehearing not later than 48 hours,
18		excluding Sundays and legal holidays, after the filing of the
19		affidavit. At the rehearing, the court shall proceed in the
20		same manner as upon the original hearing.
21		(5) Only when there is reasonable cause to believe that the
22		minor taken into custody is a person described in subsection
23		(3) of Section 5-105 may the minor be kept or detained in a
24		detention home or county or municipal jail. This Section shall
25		in no way be construed to limit subsection (6).
26		(6) No minor under 16 years of age may be confined in a

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1		jail or place ordinarily used for the confinement of prisoners
2		in a police station. Minors under 18 years of age must be kept
3		separate from confined adults and may not at any time be kept
4		in the same cell, room, or yard with adults confined pursuant
5		to the criminal law.
6		(7) If the minor is not brought before a judicial officer
7		within the time period specified in Section 3-11, the minor
8		must immediately be released from custody.
9		(8) If neither the parent, guardian or custodian appears
10		within 24 hours to take custody of a minor released upon
11		request pursuant to subsection (2) of this Section, then the
12		clerk of the court shall set the matter for rehearing not later
13		than 7 days after the original order and shall issue a summons
14		directed to the parent, guardian or custodian to appear. At the
15		same time the probation department shall prepare a report on
16		the minor. If a parent, guardian or custodian does not appear
17		at such rehearing, the judge may enter an order prescribing
18		that the minor be kept in a suitable place designated by the
19		Department of Children and Family Services or a licensed child
20		welfare agency.
21		(9) Notwithstanding any other provision of this Section,
22		any interested party, including the State, the temporary
23		custodian, an agency providing services to the minor or family
24		under a service plan pursuant to Section 8.2 of the Abused and
25		Neglected Child Reporting Act, foster parent, or any of their
26		representatives, on notice to all parties entitled to notice,

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1		may file a motion to modify or vacate a temporary custody order
2		on any of the following grounds:
3		(a) It is no longer a matter of immediate and urgent
4		necessity that the minor remain in shelter care; or
5		(b) There is a material change in the circumstances of
6		the natural family from which the minor was removed; or
7		(c) A person, including a parent, relative or legal
8		guardian, is capable of assuming temporary custody of the
9		minor; or
10		(d) Services provided by the Department of Children and
11		Family Services or a child welfare agency or other service
12		provider have been successful in eliminating the need for
13		temporary custody.
14		The clerk shall set the matter for hearing not later than
15		14 days after such motion is filed. In the event that the court
16		modifies or vacates a temporary custody order but does not
17		vacate its finding of probable cause, the court may order that
18		appropriate services be continued or initiated in behalf of the
19		minor and his or her family.
20		(10) The changes made to this Section by Public Act 98-61
21		apply to a minor who has been arrested or taken into custody on
22		or after January 1, 2014 (the effective date of Public Act
23		98-61).
24		(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; revised
25		10-16-15.)

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1		(705 ILCS 405/5-530)
2		Sec. 5-530. Notice.
3		(1) A party presenting a supplemental or amended petition
4		or motion to the court shall provide the other parties with a
5		copy of any supplemental or amended petition, motion or
6		accompanying affidavit not yet served upon that party, and
7		shall file proof of that service, in accordance with
8		subsections (2), (3), and (4) of this Section. Written notice
9		of the date, time and place of the hearing, shall be provided
10		to all parties in accordance with local court rules.
11		(2) (a) On whom made. If a party is represented by an
12		attorney of record, service shall be made upon the attorney.
13		Otherwise service shall be made upon the party.
14		(b) Method. Papers shall be served as follows:
15		(1) by delivering them to the attorney or party
16		personally;
17		(2) by leaving them in the office of the attorney
18		with his or her clerk, or with a person in charge of
19		the office; or if a party is not represented by
20		counsel, by leaving them at his or her residence with a
21		family member of the age of 10 years or upwards;
22		(3) by depositing them in the United States post
23		office or post-office box enclosed in an envelope,
24		plainly addressed to the attorney at his or her
25		business address, or to the party at his or her
26		business address or residence, with postage fully

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1		pre-paid; or
2		(4) by transmitting them via facsimile machine to
3		the office of the attorney or party, who has consented
4		to receiving service by facsimile transmission. Briefs
5		filed in reviewing courts shall be served in accordance
6		with Supreme Court Rule.
7		(i) A party or attorney electing to serve
8		pleading by facsimile must include on the
9		certificate of service transmitted the telephone
10		number of the sender's facsimile transmitting
11		device. Use of service by facsimile shall be deemed
12		consent by that party or attorney to receive
13		service by facsimile transmission. Any party may
14		rescind consent of service by facsimile
15		transmission in a case by filing with the court and
16		serving a notice on all parties or their attorneys
17		who have filed appearances that facsimile service
18		will not be accepted. A party or attorney who has
19		rescinded consent to service by facsimile
20		transmission in a case may not serve another party
21		or attorney by facsimile transmission in that
22		case.
23		(ii) Each page of notices and documents
24		transmitted by facsimile pursuant to this rule
25		should bear the circuit court number, the title of
26		the document, and the page number.

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1		(c) Multiple parties or attorneys. In cases in which
2		there are 2 or more minor-respondents who appear by
3		different attorneys, service on all papers shall be made on
4		the attorney for each of the parties. If one attorney
5		appears for several parties, he or she is entitled to only
6		one copy of any paper served upon him or her by the
7		opposite side. When more than one attorney appears for a
8		party, service of a copy upon one of them is sufficient.
9		(3)(a) Filing. When service of a paper is required, proof
10		of service shall be filed with the clerk.
11		(b) Manner of Proof. Service is proved:
12		(i) by written acknowledgement signed by the
13		person served;
14		(ii) in case of service by personal delivery, by
15		certificate of the attorney, or affidavit of a person,
16		other than that an attorney, who made delivery;
17		(iii) in case of service by mail, by certificate of
18		the attorney, or affidavit of a person other than the
19		attorney, who deposited the paper in the mail, stating
20		the time and place of mailing, the complete address
21		which appeared on the envelope, and the fact that
22		proper postage was pre-paid; or
23		(iv) in case of service by facsimile transmission,
24		by certificate of the attorney or affidavit of a person
25		other than the attorney, who transmitted the paper via
26		facsimile machine, stating the time and place of

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1		transmission, the telephone number to which the
2		transmission was sent and the number of pages
3		transmitted.
4		(c) Effective date of service by mail. Service by mail
5		is complete 4 days after mailing.
6		(d) Effective date of service by facsimile
7		transmission. Service by facsimile machine is complete on
8		the first court day following transmission.
9		(Source: P.A. 90-590, eff. 1-1-99; revised 10-16-15.)
10		Section 535. The Criminal Code of 2012 is amended by
11		changing Sections 7-5.5, 10-2, 11-1.30, 11-21, 12-2, 12-4.4a,
12		24-3, and 26-1 as follows:
13		(720 ILCS 5/7-5.5)
14		Sec. 7-5.5. Prohibited use of force by a peace officer.
15		(a) A peace officer shall not use a chokehold in the
16		performance of his or her duties, unless deadly force is
17		justified under Article 7 of this Code.
18		(b) A peace officer shall not use a chokehold, or any
19		lesser contact with the throat or neck area of another, in
20		order to prevent the destruction of evidence by ingestion.
21		(c) As used in this Section, "chokehold" means applying any
22		direct pressure to the throat, windpipe, or airway of another
23		with the intent to reduce or prevent the intake of air.
24		"Chokehold" does not include any holding involving contact with

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1		the neck that is not intended to reduce the intake of air.
2		(Source: P.A. 99-352, eff. 1-1-16; revised 10-16-15.)
3		(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
4		Sec. 10-2. Aggravated kidnaping.
5		(a) A person commits the offense of aggravated kidnaping
6		when he or she commits kidnapping and:
7		(1) kidnaps with the intent to obtain ransom from the
8		person kidnaped or from any other person;
9		(2) takes as his or her victim a child under the age of
10		13 years, or a person with a severe or profound
11		intellectual disability;
12		(3) inflicts great bodily harm, other than by the
13		discharge of a firearm, or commits another felony upon his
14		or her victim;
15		(4) wears a hood, robe, or mask or conceals his or her
16		identity;
17		(5) commits the offense of kidnaping while armed with a
18		dangerous weapon, other than a firearm, as defined in
19		Section 33A-1 of this Code;
20		(6) commits the offense of kidnaping while armed with a
21		firearm;
22		(7) during the commission of the offense of kidnaping,
23		personally discharges a firearm; or
24		(8) during the commission of the offense of kidnaping,
25		personally discharges a firearm that proximately causes

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1		great bodily harm, permanent disability, permanent
2		disfigurement, or death to another person.
3		As used in this Section, "ransom" includes money, benefit,
4		or other valuable thing or concession.
5		(b) Sentence. Aggravated kidnaping in violation of
6		paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
7		Class X felony. A violation of subsection (a)(6) is a Class X
8		felony for which 15 years shall be added to the term of
9		imprisonment imposed by the court. A violation of subsection
10		(a)(7) is a Class X felony for which 20 years shall be added to
11		the term of imprisonment imposed by the court. A violation of
12		subsection (a)(8) is a Class X felony for which 25 years or up
13		to a term of natural life shall be added to the term of
14		imprisonment imposed by the court. An offender under the age of
15		18 years at the time of the commission of aggravated kidnaping
16		in violation of paragraphs (1) through (8) of subsection (a)
17		shall be sentenced under Section 5-4.5-105 of the Unified Code
18		of Corrections.
19		A person who has attained the age of 18 years at the time
20		of the commission of the offense and who is convicted of a
21		second or subsequent offense of aggravated kidnaping shall be
22		sentenced to a term of natural life imprisonment; except that a
23		sentence of natural life imprisonment shall not be imposed
24		under this Section unless the second or subsequent offense was
25		committed after conviction on the first offense. An offender
26		under the age of 18 years at the time of the commission of the

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1		second or subsequent offense shall be sentenced under Section
2		5-4.5-105 of the Unified Code of Corrections.
3		(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; revised
4		10-16-16.)
5		(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
6		Sec. 11-1.30. Aggravated Criminal Sexual Assault.
7		(a) A person commits aggravated criminal sexual assault if
8		that person commits criminal sexual assault and any of the
9		following aggravating circumstances exist during the
10		commission of the offense or, for purposes of paragraph (7),
11		occur as part of the same course of conduct as the commission
12		of the offense:
13		(1) the person displays, threatens to use, or uses a
14		dangerous weapon, other than a firearm, or any other object
15		fashioned or used in a manner that leads the victim, under
16		the circumstances, reasonably to believe that the object is
17		a dangerous weapon;
18		(2) the person causes bodily harm to the victim, except
19		as provided in paragraph (10);
20		(3) the person acts in a manner that threatens or
21		endangers the life of the victim or any other person;
22		(4) the person commits the criminal sexual assault
23		during the course of committing or attempting to commit any
24		other felony;
25		(5) the victim is 60 years of age or older;

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1		(6) the victim is a person with a physical disability;
2		(7) the person delivers (by injection, inhalation,
3		ingestion, transfer of possession, or any other means) any
4		controlled substance to the victim without the victim's
5		consent or by threat or deception for other than medical
6		purposes;
7		(8) the person is armed with a firearm;
8		(9) the person personally discharges a firearm during
9		the commission of the offense; or
10		(10) the person personally discharges a firearm during
11		the commission of the offense, and that discharge
12		proximately causes great bodily harm, permanent
13		disability, permanent disfigurement, or death to another
14		person.
15		(b) A person commits aggravated criminal sexual assault if
16		that person is under 17 years of age and: (i) commits an act of
17		sexual penetration with a victim who is under 9 years of age;
18		or (ii) commits an act of sexual penetration with a victim who
19		is at least 9 years of age but under 13 years of age and the
20		person uses force or threat of force to commit the act.
21		(c) A person commits aggravated criminal sexual assault if
22		that person commits an act of sexual penetration with a victim
23		who is a person with a severe or profound intellectual
24		disability.
25		(d) Sentence.
26		(1) Aggravated criminal sexual assault in violation of

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1		paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
2		or in violation of subsection (b) or (c) is a Class X
3		felony. A violation of subsection (a)(1) is a Class X
4		felony for which 10 years shall be added to the term of
5		imprisonment imposed by the court. A violation of
6		subsection (a)(8) is a Class X felony for which 15 years
7		shall be added to the term of imprisonment imposed by the
8		court. A violation of subsection (a)(9) is a Class X felony
9		for which 20 years shall be added to the term of
10		imprisonment imposed by the court. A violation of
11		subsection (a)(10) is a Class X felony for which 25 years
12		or up to a term of natural life imprisonment shall be added
13		to the term of imprisonment imposed by the court. An
14		offender under the age of 18 years at the time of the
15		commission of aggravated criminal sexual assault in
16		violation of paragraphs (1) through (10) of subsection (a)
17		shall be sentenced under Section 5-4.5-105 of the Unified
18		Code of Corrections.
19		(2) A person who has attained the age of 18 years at
20		the time of the commission of the offense and who is
21		convicted of a second or subsequent offense of aggravated
22		criminal sexual assault, or who is convicted of the offense
23		of aggravated criminal sexual assault after having
24		previously been convicted of the offense of criminal sexual
25		assault or the offense of predatory criminal sexual assault
26		of a child, or who is convicted of the offense of

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1		aggravated criminal sexual assault after having previously
2		been convicted under the laws of this or any other state of
3		an offense that is substantially equivalent to the offense
4		of criminal sexual assault, the offense of aggravated
5		criminal sexual assault or the offense of predatory
6		criminal sexual assault of a child, shall be sentenced to a
7		term of natural life imprisonment. The commission of the
8		second or subsequent offense is required to have been after
9		the initial conviction for this paragraph (2) to apply. An
10		offender under the age of 18 years at the time of the
11		commission of the offense covered by this paragraph (2)
12		shall be sentenced under Section 5-4.5-105 of the Unified
13		Code of Corrections.
14		(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; revised
15		10-16-15.)
16		(720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
17		Sec. 11-21. Harmful material.
18		(a) As used in this Section:
19		"Distribute" means to transfer possession of, whether
20		with or without consideration.
21		"Harmful to minors" means that quality of any
22		description or representation, in whatever form, of
23		nudity, sexual conduct, sexual excitement, or
24		sado-masochistic abuse, when, taken as a whole, it (i)
25		predominately appeals to the prurient interest in sex of

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1		minors, (ii) is patently offensive to prevailing standards
2		in the adult community in the State as a whole with respect
3		to what is suitable material for minors, and (iii) lacks
4		serious literary, artistic, political, or scientific value
5		for minors.
6		"Knowingly" means having knowledge of the contents of
7		the subject matter, or recklessly failing to exercise
8		reasonable inspection which would have disclosed the
9		contents.
10		"Material" means (i) any picture, photograph, drawing,
11		sculpture, film, video game, computer game, video or
12		similar visual depiction, including any such
13		representation or image which is stored electronically, or
14		(ii) any book, magazine, printed matter however
15		reproduced, or recorded audio of any sort.
16		"Minor" means any person under the age of 18.
17		"Nudity" means the showing of the human male or female
18		genitals, pubic area or buttocks with less than a fully
19		opaque covering, or the showing of the female breast with
20		less than a fully opaque covering of any portion below the
21		top of the nipple, or the depiction of covered male
22		genitals in a discernibly discernably turgid state.
23		"Sado-masochistic abuse" means flagellation or torture
24		by or upon a person clad in undergarments, a mask or
25		bizarre costume, or the condition of being fettered, bound
26		or otherwise physically restrained on the part of one

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1		clothed for sexual gratification or stimulation.
2		"Sexual conduct" means acts of masturbation, sexual
3		intercourse, or physical contact with a person's clothed or
4		unclothed genitals, pubic area, buttocks or, if such person
5		be a female, breast.
6		"Sexual excitement" means the condition of human male
7		or female genitals when in a state of sexual stimulation or
8		arousal.
9		(b) A person is guilty of distributing harmful material to
10		a minor when he or she:
11		(1) knowingly sells, lends, distributes, exhibits to,
12		depicts to, or gives away to a minor, knowing that the
13		minor is under the age of 18 or failing to exercise
14		reasonable care in ascertaining the person's true age:
15		(A) any material which depicts nudity, sexual
16		conduct or sado-masochistic abuse, or which contains
17		explicit and detailed verbal descriptions or narrative
18		accounts of sexual excitement, sexual conduct or
19		sado-masochistic abuse, and which taken as a whole is
20		harmful to minors;
21		(B) a motion picture, show, or other presentation
22		which depicts nudity, sexual conduct or
23		sado-masochistic abuse and is harmful to minors; or
24		(C) an admission ticket or pass to premises where
25		there is exhibited or to be exhibited such a motion
26		picture, show, or other presentation; or

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1		(2) admits a minor to premises where there is exhibited
2		or to be exhibited such a motion picture, show, or other
3		presentation, knowing that the minor is a person under the
4		age of 18 or failing to exercise reasonable care in
5		ascertaining the person's true age.
6		(c) In any prosecution arising under this Section, it is an
7		affirmative defense:
8		(1) that the minor as to whom the offense is alleged to
9		have been committed exhibited to the accused a draft card,
10		driver's license, birth certificate or other official or
11		apparently official document purporting to establish that
12		the minor was 18 years of age or older, which was relied
13		upon by the accused;
14		(2) that the defendant was in a parental or
15		guardianship relationship with the minor or that the minor
16		was accompanied by a parent or legal guardian;
17		(3) that the defendant was a bona fide school, museum,
18		or public library, or was a person acting in the course of
19		his or her employment as an employee or official of such
20		organization or retail outlet affiliated with and serving
21		the educational purpose of such organization;
22		(4) that the act charged was committed in aid of
23		legitimate scientific or educational purposes; or
24		(5) that an advertisement of harmful material as
25		defined in this Section culminated in the sale or
26		distribution of such harmful material to a child under

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1		circumstances where there was no personal confrontation of
2		the child by the defendant, his or her employees, or
3		agents, as where the order or request for such harmful
4		material was transmitted by mail, telephone, Internet or
5		similar means of communication, and delivery of such
6		harmful material to the child was by mail, freight,
7		Internet or similar means of transport, which
8		advertisement contained the following statement, or a
9		substantially similar statement, and that the defendant
10		required the purchaser to certify that he or she was not
11		under the age of 18 and that the purchaser falsely stated
12		that he or she was not under the age of 18: "NOTICE: It is
13		unlawful for any person under the age of 18 to purchase the
14		matter advertised. Any person under the age of 18 that
15		falsely states that he or she is not under the age of 18
16		for the purpose of obtaining the material advertised is
17		guilty of a Class B misdemeanor under the laws of the
18		State."
19		(d) The predominant appeal to prurient interest of the
20		material shall be judged with reference to average children of
21		the same general age of the child to whom such material was
22		sold, lent, distributed or given, unless it appears from the
23		nature of the matter or the circumstances of its dissemination
24		or distribution that it is designed for specially susceptible
25		groups, in which case the predominant appeal of the material
26		shall be judged with reference to its intended or probable

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1		recipient group.
2		(e) Distribution of harmful material in violation of this
3		Section is a Class A misdemeanor. A second or subsequent
4		offense is a Class 4 felony.
5		(f) Any person under the age of 18 who falsely states,
6		either orally or in writing, that he or she is not under the
7		age of 18, or who presents or offers to any person any evidence
8		of age and identity that is false or not actually his or her
9		own with the intent of ordering, obtaining, viewing, or
10		otherwise procuring or attempting to procure or view any
11		harmful material is guilty of a Class B misdemeanor.
12		(g) A person over the age of 18 who fails to exercise
13		reasonable care in ascertaining the true age of a minor,
14		knowingly distributes to, or sends, or causes to be sent, or
15		exhibits to, or offers to distribute, or exhibits any harmful
16		material to a person that he or she believes is a minor is
17		guilty of a Class A misdemeanor. If that person utilized a
18		computer web camera, cellular telephone, or any other type of
19		device to manufacture the harmful material, then each offense
20		is a Class 4 felony.
21		(h) Telecommunications carriers, commercial mobile service
22		providers, and providers of information services, including,
23		but not limited to, Internet service providers and hosting
24		service providers, are not liable under this Section, except
25		for willful and wanton misconduct, by virtue of the
26		transmission, storage, or caching of electronic communications

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1		or messages of others or by virtue of the provision of other
2		related telecommunications, commercial mobile services, or
3		information services used by others in violation of this
4		Section.
5		(Source: P.A. 95-983, eff. 6-1-09; 96-280, eff. 1-1-10;
6		96-1551, eff. 7-1-11; revised 10-16-15.)
7		(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
8		Sec. 12-2. Aggravated assault.
9		(a) Offense based on location of conduct. A person commits
10		aggravated assault when he or she commits an assault against an
11		individual who is on or about a public way, public property, a
12		public place of accommodation or amusement, or a sports venue.
13		(b) Offense based on status of victim. A person commits
14		aggravated assault when, in committing an assault, he or she
15		knows the individual assaulted to be any of the following:
16		(1) A person with a physical disability or a person 60
17		years of age or older and the assault is without legal
18		justification.
19		(2) A teacher or school employee upon school grounds or
20		grounds adjacent to a school or in any part of a building
21		used for school purposes.
22		(3) A park district employee upon park grounds or
23		grounds adjacent to a park or in any part of a building
24		used for park purposes.
25		(4) A community policing volunteer, private security

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1		officer, or utility worker:
2		(i) performing his or her official duties;
3		(ii) assaulted to prevent performance of his or her
4		official duties; or
5		(iii) assaulted in retaliation for performing his
6		or her official duties.
7		(4.1) A peace officer, fireman, emergency management
8		worker, or emergency medical technician:
9		(i) performing his or her official duties;
10		(ii) assaulted to prevent performance of his or her
11		official duties; or
12		(iii) assaulted in retaliation for performing his
13		or her official duties.
14		(5) A correctional officer or probation officer:
15		(i) performing his or her official duties;
16		(ii) assaulted to prevent performance of his or her
17		official duties; or
18		(iii) assaulted in retaliation for performing his
19		or her official duties.
20		(6) A correctional institution employee, a county
21		juvenile detention center employee who provides direct and
22		continuous supervision of residents of a juvenile
23		detention center, including a county juvenile detention
24		center employee who supervises recreational activity for
25		residents of a juvenile detention center, or a Department
26		of Human Services employee, Department of Human Services

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1		officer, or employee of a subcontractor of the Department
2		of Human Services supervising or controlling sexually
3		dangerous persons or sexually violent persons:
4		(i) performing his or her official duties;
5		(ii) assaulted to prevent performance of his or her
6		official duties; or
7		(iii) assaulted in retaliation for performing his
8		or her official duties.
9		(7) An employee of the State of Illinois, a municipal
10		corporation therein, or a political subdivision thereof,
11		performing his or her official duties.
12		(8) A transit employee performing his or her official
13		duties, or a transit passenger.
14		(9) A sports official or coach actively participating
15		in any level of athletic competition within a sports venue,
16		on an indoor playing field or outdoor playing field, or
17		within the immediate vicinity of such a facility or field.
18		(10) A person authorized to serve process under Section
19		2-202 of the Code of Civil Procedure or a special process
20		server appointed by the circuit court, while that
21		individual is in the performance of his or her duties as a
22		process server.
23		(c) Offense based on use of firearm, device, or motor
24		vehicle. A person commits aggravated assault when, in
25		committing an assault, he or she does any of the following:
26		(1) Uses a deadly weapon, an air rifle as defined in

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1		Section 24.8-0.1 of this Act, or any device manufactured
2		and designed to be substantially similar in appearance to a
3		firearm, other than by discharging a firearm.
4		(2) Discharges a firearm, other than from a motor
5		vehicle.
6		(3) Discharges a firearm from a motor vehicle.
7		(4) Wears a hood, robe, or mask to conceal his or her
8		identity.
9		(5) Knowingly and without lawful justification shines
10		or flashes a laser gun sight or other laser device attached
11		to a firearm, or used in concert with a firearm, so that
12		the laser beam strikes near or in the immediate vicinity of
13		any person.
14		(6) Uses a firearm, other than by discharging the
15		firearm, against a peace officer, community policing
16		volunteer, fireman, private security officer, emergency
17		management worker, emergency medical technician, employee
18		of a police department, employee of a sheriff's department,
19		or traffic control municipal employee:
20		(i) performing his or her official duties;
21		(ii) assaulted to prevent performance of his or her
22		official duties; or
23		(iii) assaulted in retaliation for performing his
24		or her official duties.
25		(7) Without justification operates a motor vehicle in a
26		manner which places a person, other than a person listed in

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1		subdivision (b)(4), in reasonable apprehension of being
2		struck by the moving motor vehicle.
3		(8) Without justification operates a motor vehicle in a
4		manner which places a person listed in subdivision (b)(4),
5		in reasonable apprehension of being struck by the moving
6		motor vehicle.
7		(9) Knowingly video or audio records the offense with
8		the intent to disseminate the recording.
9		(d) Sentence. Aggravated assault as defined in subdivision
10		(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
11		(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
12		aggravated assault as defined in subdivision (b)(4) and (b)(7)
13		is a Class 4 felony if a Category I, Category II, or Category
14		III weapon is used in the commission of the assault. Aggravated
15		assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
16		(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
17		Aggravated assault as defined in subdivision (c)(3) or (c)(8)
18		is a Class 3 felony.
19		(e) For the purposes of this Section, "Category I weapon",
20		"Category II weapon, and "Category III weapon" have the
21		meanings ascribed to those terms in Section 33A-1 of this Code.
22		(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
23		eff. 7-27-15; 99-256, eff. 1-1-16; revised 10-19-15.)
24		(720 ILCS 5/12-4.4a)
25		Sec. 12-4.4a. Abuse or criminal neglect of a long term care

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1		facility resident; criminal abuse or neglect of an elderly
2		person or person with a disability.
3		(a) Abuse or criminal neglect of a long term care facility
4		resident.
5		(1) A person or an owner or licensee commits abuse of a
6		long term care facility resident when he or she knowingly
7		causes any physical or mental injury to, or commits any
8		sexual offense in this Code against, a resident.
9		(2) A person or an owner or licensee commits criminal
10		neglect of a long term care facility resident when he or
11		she recklessly:
12		(A) performs acts that cause a resident's life to
13		be endangered, health to be injured, or pre-existing
14		physical or mental condition to deteriorate, or that
15		create the substantial likelihood that an elderly
16		person's or person with a disability's life will be
17		endangered, health will be injured, or pre-existing
18		physical or mental condition will deteriorate;
19		(B) fails to perform acts that he or she knows or
20		reasonably should know are necessary to maintain or
21		preserve the life or health of a resident, and that
22		failure causes the resident's life to be endangered,
23		health to be injured, or pre-existing physical or
24		mental condition to deteriorate, or that create the
25		substantial likelihood that an elderly person's or
26		person with a disability's life will be endangered,

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1		health will be injured, or pre-existing physical or
2		mental condition will deteriorate; or
3		(C) abandons a resident.
4		(3) A person or an owner or licensee commits neglect of
5		a long term care facility resident when he or she
6		negligently fails to provide adequate medical care,
7		personal care, or maintenance to the resident which results
8		in physical or mental injury or deterioration of the
9		resident's physical or mental condition. An owner or
10		licensee is guilty under this subdivision (a)(3), however,
11		only if the owner or licensee failed to exercise reasonable
12		care in the hiring, training, supervising, or providing of
13		staff or other related routine administrative
14		responsibilities.
15		(b) Criminal abuse or neglect of an elderly person or
16		person with a disability.
17		(1) A caregiver commits criminal abuse or neglect of an
18		elderly person or person with a disability when he or she
19		knowingly does any of the following:
20		(A) performs acts that cause the person's life to
21		be endangered, health to be injured, or pre-existing
22		physical or mental condition to deteriorate;
23		(B) fails to perform acts that he or she knows or
24		reasonably should know are necessary to maintain or
25		preserve the life or health of the person, and that
26		failure causes the person's life to be endangered,

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1		health to be injured, or pre-existing physical or
2		mental condition to deteriorate;
3		(C) abandons the person;
4		(D) physically abuses, harasses, intimidates, or
5		interferes with the personal liberty of the person; or
6		(E) exposes the person to willful deprivation.
7		(2) It is not a defense to criminal abuse or neglect of
8		an elderly person or person with a disability that the
9		caregiver reasonably believed that the victim was not an
10		elderly person or person with a disability.
11		(c) Offense not applicable.
12		(1) Nothing in this Section applies to a physician
13		licensed to practice medicine in all its branches or a duly
14		licensed nurse providing care within the scope of his or
15		her professional judgment and within the accepted
16		standards of care within the community.
17		(2) Nothing in this Section imposes criminal liability
18		on a caregiver who made a good faith effort to provide for
19		the health and personal care of an elderly person or person
20		with a disability, but through no fault of his or her own
21		was unable to provide such care.
22		(3) Nothing in this Section applies to the medical
23		supervision, regulation, or control of the remedial care or
24		treatment of residents in a long term care facility
25		conducted for those who rely upon treatment by prayer or
26		spiritual means in accordance with the creed or tenets of

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1		any well-recognized church or religious denomination as
2		described in Section 3-803 of the Nursing Home Care Act,
3		Section 1-102 of the Specialized Mental Health
4		Rehabilitation Act of 2013, Section 3-803 of the ID/DD
5		Community Care Act, or Section 3-803 of the MC/DD Act.
6		(4) Nothing in this Section prohibits a caregiver from
7		providing treatment to an elderly person or person with a
8		disability by spiritual means through prayer alone and care
9		consistent therewith in lieu of medical care and treatment
10		in accordance with the tenets and practices of any church
11		or religious denomination of which the elderly person or
12		person with a disability is a member.
13		(5) Nothing in this Section limits the remedies
14		available to the victim under the Illinois Domestic
15		Violence Act of 1986.
16		(d) Sentence.
17		(1) Long term care facility. Abuse of a long term care
18		facility resident is a Class 3 felony. Criminal neglect of
19		a long term care facility resident is a Class 4 felony,
20		unless it results in the resident's death in which case it
21		is a Class 3 felony. Neglect of a long term care facility
22		resident is a petty offense.
23		(2) Caregiver. Criminal abuse or neglect of an elderly
24		person or person with a disability is a Class 3 felony,
25		unless it results in the person's death in which case it is
26		a Class 2 felony, and if imprisonment is imposed it shall

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1		be for a minimum term of 3 years and a maximum term of 14
2		years.
3		(e) Definitions. For the purposes of this Section:
4		"Abandon" means to desert or knowingly forsake a resident
5		or an elderly person or person with a disability under
6		circumstances in which a reasonable person would continue to
7		provide care and custody.
8		"Caregiver" means a person who has a duty to provide for an
9		elderly person or person with a disability's health and
10		personal care, at the elderly person or person with a
11		disability's place of residence, including, but not limited to,
12		food and nutrition, shelter, hygiene, prescribed medication,
13		and medical care and treatment, and includes any of the
14		following:
15		(1) A parent, spouse, adult child, or other relative by
16		blood or marriage who resides with or resides in the same
17		building with or regularly visits the elderly person or
18		person with a disability, knows or reasonably should know
19		of such person's physical or mental impairment, and knows
20		or reasonably should know that such person is unable to
21		adequately provide for his or her own health and personal
22		care.
23		(2) A person who is employed by the elderly person or
24		person with a disability or by another to reside with or
25		regularly visit the elderly person or person with a
26		disability and provide for such person's health and

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1		personal care.
2		(3) A person who has agreed for consideration to reside
3		with or regularly visit the elderly person or person with a
4		disability and provide for such person's health and
5		personal care.
6		(4) A person who has been appointed by a private or
7		public agency or by a court of competent jurisdiction to
8		provide for the elderly person or person with a
9		disability's health and personal care.
10		"Caregiver" does not include a long-term care facility
11		licensed or certified under the Nursing Home Care Act or a
12		facility licensed or certified under the ID/DD Community Care
13		Act, the MC/DD Act, or the Specialized Mental Health
14		Rehabilitation Act of 2013, or any administrative, medical, or
15		other personnel of such a facility, or a health care provider
16		who is licensed under the Medical Practice Act of 1987 and
17		renders care in the ordinary course of his or her profession.
18		"Elderly person" means a person 60 years of age or older
19		who is incapable of adequately providing for his or her own
20		health and personal care.
21		"Licensee" means the individual or entity licensed to
22		operate a facility under the Nursing Home Care Act, the
23		Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
24		Community Care Act, the MC/DD Act, or the Assisted Living and
25		Shared Housing Act.
26		"Long term care facility" means a private home,

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1		institution, building, residence, or other place, whether
2		operated for profit or not, or a county home for the infirm and
3		chronically ill operated pursuant to Division 5-21 or 5-22 of
4		the Counties Code, or any similar institution operated by the
5		State of Illinois or a political subdivision thereof, which
6		provides, through its ownership or management, personal care,
7		sheltered care, or nursing for 3 or more persons not related to
8		the owner by blood or marriage. The term also includes skilled
9		nursing facilities and intermediate care facilities as defined
10		in Titles XVIII and XIX of the federal Social Security Act and
11		assisted living establishments and shared housing
12		establishments licensed under the Assisted Living and Shared
13		Housing Act.
14		"Owner" means the owner of a long term care facility as
15		provided in the Nursing Home Care Act, the owner of a facility
16		as provided under the Specialized Mental Health Rehabilitation
17		Act of 2013, the owner of a facility as provided in the ID/DD
18		Community Care Act, the owner of a facility as provided in the
19		MC/DD Act, or the owner of an assisted living or shared housing
20		establishment as provided in the Assisted Living and Shared
21		Housing Act.
22		"Person with a disability" means a person who suffers from
23		a permanent physical or mental impairment, resulting from
24		disease, injury, functional disorder, or congenital condition,
25		which renders the person incapable of adequately providing for
26		his or her own health and personal care.

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1		"Resident" means a person residing in a long term care
2		facility.
3		"Willful deprivation" has the meaning ascribed to it in
4		paragraph (15) of Section 103 of the Illinois Domestic Violence
5		Act of 1986.
6		(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
7		revised 10-16-15.)
8		(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
9		Sec. 24-3. Unlawful sale or delivery of firearms.
10		(A) A person commits the offense of unlawful sale or
11		delivery of firearms when he or she knowingly does any of the
12		following:
13		(a) Sells or gives any firearm of a size which may be
14		concealed upon the person to any person under 18 years of
15		age.
16		(b) Sells or gives any firearm to a person under 21
17		years of age who has been convicted of a misdemeanor other
18		than a traffic offense or adjudged delinquent.
19		(c) Sells or gives any firearm to any narcotic addict.
20		(d) Sells or gives any firearm to any person who has
21		been convicted of a felony under the laws of this or any
22		other jurisdiction.
23		(e) Sells or gives any firearm to any person who has
24		been a patient in a mental institution within the past 5
25		years. In this subsection (e):

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1		"Mental institution" means any hospital,
2		institution, clinic, evaluation facility, mental
3		health center, or part thereof, which is used primarily
4		for the care or treatment of persons with mental
5		illness.
6		"Patient in a mental institution" means the person
7		was admitted, either voluntarily or involuntarily, to
8		a mental institution for mental health treatment,
9		unless the treatment was voluntary and solely for an
10		alcohol abuse disorder and no other secondary
11		substance abuse disorder or mental illness.
12		(f) Sells or gives any firearms to any person who is a
13		person with an intellectual disability.
14		(g) Delivers any firearm of a size which may be
15		concealed upon the person, incidental to a sale, without
16		withholding delivery of such firearm for at least 72 hours
17		after application for its purchase has been made, or
18		delivers any rifle, shotgun or other long gun, or a stun
19		gun or taser, incidental to a sale, without withholding
20		delivery of such rifle, shotgun or other long gun, or a
21		stun gun or taser for at least 24 hours after application
22		for its purchase has been made. However, this paragraph (g)
23		does not apply to: (1) the sale of a firearm to a law
24		enforcement officer if the seller of the firearm knows that
25		the person to whom he or she is selling the firearm is a
26		law enforcement officer or the sale of a firearm to a

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1		person who desires to purchase a firearm for use in
2		promoting the public interest incident to his or her
3		employment as a bank guard, armed truck guard, or other
4		similar employment; (2) a mail order sale of a firearm from
5		a federally licensed firearms dealer to a nonresident of
6		Illinois under which the firearm is mailed to a federally
7		licensed firearms dealer outside the boundaries of
8		Illinois; (3) the sale of a firearm to a nonresident of
9		Illinois while at a firearm showing or display recognized
10		by the Illinois Department of State Police; (4) the sale of
11		a firearm to a dealer licensed as a federal firearms dealer
12		under Section 923 of the federal Gun Control Act of 1968
13		(18 U.S.C. 923); or (5) the transfer or sale of any rifle,
14		shotgun, or other long gun to a resident registered
15		competitor or attendee or non-resident registered
16		competitor or attendee by any dealer licensed as a federal
17		firearms dealer under Section 923 of the federal Gun
18		Control Act of 1968 at competitive shooting events held at
19		the World Shooting Complex sanctioned by a national
20		governing body. For purposes of transfers or sales under
21		subparagraph (5) of this paragraph (g), the Department of
22		Natural Resources shall give notice to the Department of
23		State Police at least 30 calendar days prior to any
24		competitive shooting events at the World Shooting Complex
25		sanctioned by a national governing body. The notification
26		shall be made on a form prescribed by the Department of

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1		State Police. The sanctioning body shall provide a list of
2		all registered competitors and attendees at least 24 hours
3		before the events to the Department of State Police. Any
4		changes to the list of registered competitors and attendees
5		shall be forwarded to the Department of State Police as
6		soon as practicable. The Department of State Police must
7		destroy the list of registered competitors and attendees no
8		later than 30 days after the date of the event. Nothing in
9		this paragraph (g) relieves a federally licensed firearm
10		dealer from the requirements of conducting a NICS
11		background check through the Illinois Point of Contact
12		under 18 U.S.C. 922(t). For purposes of this paragraph (g),
13		"application" means when the buyer and seller reach an
14		agreement to purchase a firearm. For purposes of this
15		paragraph (g), "national governing body" means a group of
16		persons who adopt rules and formulate policy on behalf of a
17		national firearm sporting organization.
18		(h) While holding any license as a dealer, importer,
19		manufacturer or pawnbroker under the federal Gun Control
20		Act of 1968, manufactures, sells or delivers to any
21		unlicensed person a handgun having a barrel, slide, frame
22		or receiver which is a die casting of zinc alloy or any
23		other nonhomogeneous metal which will melt or deform at a
24		temperature of less than 800 degrees Fahrenheit. For
25		purposes of this paragraph, (1) "firearm" is defined as in
26		the Firearm Owners Identification Card Act; and (2)

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1		"handgun" is defined as a firearm designed to be held and
2		fired by the use of a single hand, and includes a
3		combination of parts from which such a firearm can be
4		assembled.
5		(i) Sells or gives a firearm of any size to any person
6		under 18 years of age who does not possess a valid Firearm
7		Owner's Identification Card.
8		(j) Sells or gives a firearm while engaged in the
9		business of selling firearms at wholesale or retail without
10		being licensed as a federal firearms dealer under Section
11		923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
12		In this paragraph (j):
13		A person "engaged in the business" means a person who
14		devotes time, attention, and labor to engaging in the
15		activity as a regular course of trade or business with the
16		principal objective of livelihood and profit, but does not
17		include a person who makes occasional repairs of firearms
18		or who occasionally fits special barrels, stocks, or
19		trigger mechanisms to firearms.
20		"With the principal objective of livelihood and
21		profit" means that the intent underlying the sale or
22		disposition of firearms is predominantly one of obtaining
23		livelihood and pecuniary gain, as opposed to other intents,
24		such as improving or liquidating a personal firearms
25		collection; however, proof of profit shall not be required
26		as to a person who engages in the regular and repetitive

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1		purchase and disposition of firearms for criminal purposes
2		or terrorism.
3		(k) Sells or transfers ownership of a firearm to a
4		person who does not display to the seller or transferor of
5		the firearm either: (1) a currently valid Firearm Owner's
6		Identification Card that has previously been issued in the
7		transferee's name by the Department of State Police under
8		the provisions of the Firearm Owners Identification Card
9		Act; or (2) a currently valid license to carry a concealed
10		firearm that has previously been issued in the transferee's
11		name by the Department of State Police under the Firearm
12		Concealed Carry Act. This paragraph (k) does not apply to
13		the transfer of a firearm to a person who is exempt from
14		the requirement of possessing a Firearm Owner's
15		Identification Card under Section 2 of the Firearm Owners
16		Identification Card Act. For the purposes of this Section,
17		a currently valid Firearm Owner's Identification Card
18		means (i) a Firearm Owner's Identification Card that has
19		not expired or (ii) an approval number issued in accordance
20		with subsection (a-10) of subsection 3 or Section 3.1 of
21		the Firearm Owners Identification Card Act shall be proof
22		that the Firearm Owner's Identification Card was valid.
23		(1) In addition to the other requirements of this
24		paragraph (k), all persons who are not federally
25		licensed firearms dealers must also have complied with
26		subsection (a-10) of Section 3 of the Firearm Owners

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1		Identification Card Act by determining the validity of
2		a purchaser's Firearm Owner's Identification Card.
3		(2) All sellers or transferors who have complied
4		with the requirements of subparagraph (1) of this
5		paragraph (k) shall not be liable for damages in any
6		civil action arising from the use or misuse by the
7		transferee of the firearm transferred, except for
8		willful or wanton misconduct on the part of the seller
9		or transferor.
10		(l) Not being entitled to the possession of a firearm,
11		delivers the firearm, knowing it to have been stolen or
12		converted. It may be inferred that a person who possesses a
13		firearm with knowledge that its serial number has been
14		removed or altered has knowledge that the firearm is stolen
15		or converted.
16		(B) Paragraph (h) of subsection (A) does not include
17		firearms sold within 6 months after enactment of Public Act
18		78-355 (approved August 21, 1973, effective October 1, 1973),
19		nor is any firearm legally owned or possessed by any citizen or
20		purchased by any citizen within 6 months after the enactment of
21		Public Act 78-355 subject to confiscation or seizure under the
22		provisions of that Public Act. Nothing in Public Act 78-355
23		shall be construed to prohibit the gift or trade of any firearm
24		if that firearm was legally held or acquired within 6 months
25		after the enactment of that Public Act.
26		(C) Sentence.

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1		(1) Any person convicted of unlawful sale or delivery
2		of firearms in violation of paragraph (c), (e), (f), (g),
3		or (h) of subsection (A) commits a Class 4 felony.
4		(2) Any person convicted of unlawful sale or delivery
5		of firearms in violation of paragraph (b) or (i) of
6		subsection (A) commits a Class 3 felony.
7		(3) Any person convicted of unlawful sale or delivery
8		of firearms in violation of paragraph (a) of subsection (A)
9		commits a Class 2 felony.
10		(4) Any person convicted of unlawful sale or delivery
11		of firearms in violation of paragraph (a), (b), or (i) of
12		subsection (A) in any school, on the real property
13		comprising a school, within 1,000 feet of the real property
14		comprising a school, at a school related activity, or on or
15		within 1,000 feet of any conveyance owned, leased, or
16		contracted by a school or school district to transport
17		students to or from school or a school related activity,
18		regardless of the time of day or time of year at which the
19		offense was committed, commits a Class 1 felony. Any person
20		convicted of a second or subsequent violation of unlawful
21		sale or delivery of firearms in violation of paragraph (a),
22		(b), or (i) of subsection (A) in any school, on the real
23		property comprising a school, within 1,000 feet of the real
24		property comprising a school, at a school related activity,
25		or on or within 1,000 feet of any conveyance owned, leased,
26		or contracted by a school or school district to transport

HB5540 Enrolled - 1303 - LRB099 16003 AMC 40320 b
1		students to or from school or a school related activity,
2		regardless of the time of day or time of year at which the
3		offense was committed, commits a Class 1 felony for which
4		the sentence shall be a term of imprisonment of no less
5		than 5 years and no more than 15 years.
6		(5) Any person convicted of unlawful sale or delivery
7		of firearms in violation of paragraph (a) or (i) of
8		subsection (A) in residential property owned, operated, or
9		managed by a public housing agency or leased by a public
10		housing agency as part of a scattered site or mixed-income
11		development, in a public park, in a courthouse, on
12		residential property owned, operated, or managed by a
13		public housing agency or leased by a public housing agency
14		as part of a scattered site or mixed-income development, on
15		the real property comprising any public park, on the real
16		property comprising any courthouse, or on any public way
17		within 1,000 feet of the real property comprising any
18		public park, courthouse, or residential property owned,
19		operated, or managed by a public housing agency or leased
20		by a public housing agency as part of a scattered site or
21		mixed-income development commits a Class 2 felony.
22		(6) Any person convicted of unlawful sale or delivery
23		of firearms in violation of paragraph (j) of subsection (A)
24		commits a Class A misdemeanor. A second or subsequent
25		violation is a Class 4 felony.
26		(7) Any person convicted of unlawful sale or delivery

HB5540 Enrolled - 1304 - LRB099 16003 AMC 40320 b
1		of firearms in violation of paragraph (k) of subsection (A)
2		commits a Class 4 felony, except that a violation of
3		subparagraph (1) of paragraph (k) of subsection (A) shall
4		not be punishable as a crime or petty offense. A third or
5		subsequent conviction for a violation of paragraph (k) of
6		subsection (A) is a Class 1 felony.
7		(8) A person 18 years of age or older convicted of
8		unlawful sale or delivery of firearms in violation of
9		paragraph (a) or (i) of subsection (A), when the firearm
10		that was sold or given to another person under 18 years of
11		age was used in the commission of or attempt to commit a
12		forcible felony, shall be fined or imprisoned, or both, not
13		to exceed the maximum provided for the most serious
14		forcible felony so committed or attempted by the person
15		under 18 years of age who was sold or given the firearm.
16		(9) Any person convicted of unlawful sale or delivery
17		of firearms in violation of paragraph (d) of subsection (A)
18		commits a Class 3 felony.
19		(10) Any person convicted of unlawful sale or delivery
20		of firearms in violation of paragraph (l) of subsection (A)
21		commits a Class 2 felony if the delivery is of one firearm.
22		Any person convicted of unlawful sale or delivery of
23		firearms in violation of paragraph (l) of subsection (A)
24		commits a Class 1 felony if the delivery is of not less
25		than 2 and not more than 5 firearms at the same time or
26		within a one year period. Any person convicted of unlawful

HB5540 Enrolled - 1305 - LRB099 16003 AMC 40320 b
1		sale or delivery of firearms in violation of paragraph (l)
2		of subsection (A) commits a Class X felony for which he or
3		she shall be sentenced to a term of imprisonment of not
4		less than 6 years and not more than 30 years if the
5		delivery is of not less than 6 and not more than 10
6		firearms at the same time or within a 2 year period. Any
7		person convicted of unlawful sale or delivery of firearms
8		in violation of paragraph (l) of subsection (A) commits a
9		Class X felony for which he or she shall be sentenced to a
10		term of imprisonment of not less than 6 years and not more
11		than 40 years if the delivery is of not less than 11 and
12		not more than 20 firearms at the same time or within a 3
13		year period. Any person convicted of unlawful sale or
14		delivery of firearms in violation of paragraph (l) of
15		subsection (A) commits a Class X felony for which he or she
16		shall be sentenced to a term of imprisonment of not less
17		than 6 years and not more than 50 years if the delivery is
18		of not less than 21 and not more than 30 firearms at the
19		same time or within a 4 year period. Any person convicted
20		of unlawful sale or delivery of firearms in violation of
21		paragraph (l) of subsection (A) commits a Class X felony
22		for which he or she shall be sentenced to a term of
23		imprisonment of not less than 6 years and not more than 60
24		years if the delivery is of 31 or more firearms at the same
25		time or within a 5 year period.
26		(D) For purposes of this Section:

HB5540 Enrolled - 1306 - LRB099 16003 AMC 40320 b
1		"School" means a public or private elementary or secondary
2		school, community college, college, or university.
3		"School related activity" means any sporting, social,
4		academic, or other activity for which students' attendance or
5		participation is sponsored, organized, or funded in whole or in
6		part by a school or school district.
7		(E) A prosecution for a violation of paragraph (k) of
8		subsection (A) of this Section may be commenced within 6 years
9		after the commission of the offense. A prosecution for a
10		violation of this Section other than paragraph (g) of
11		subsection (A) of this Section may be commenced within 5 years
12		after the commission of the offense defined in the particular
13		paragraph.
14		(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
15		99-143, eff. 7-27-15; revised 10-16-15.)
16		(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
17		Sec. 26-1. Disorderly conduct.
18		(a) A person commits disorderly conduct when he or she
19		knowingly:
20		(1) Does any act in such unreasonable manner as to
21		alarm or disturb another and to provoke a breach of the
22		peace;
23		(2) Transmits or causes to be transmitted in any manner
24		to the fire department of any city, town, village or fire
25		protection district a false alarm of fire, knowing at the

HB5540 Enrolled - 1307 - LRB099 16003 AMC 40320 b
1		time of the transmission that there is no reasonable ground
2		for believing that the fire exists;
3		(3) Transmits or causes to be transmitted in any manner
4		to another a false alarm to the effect that a bomb or other
5		explosive of any nature or a container holding poison gas,
6		a deadly biological or chemical contaminant, or
7		radioactive substance is concealed in a place where its
8		explosion or release would endanger human life, knowing at
9		the time of the transmission that there is no reasonable
10		ground for believing that the bomb, explosive or a
11		container holding poison gas, a deadly biological or
12		chemical contaminant, or radioactive substance is
13		concealed in the place;
14		(3.5) Transmits or causes to be transmitted a threat of
15		destruction of a school building or school property, or a
16		threat of violence, death, or bodily harm directed against
17		persons at a school, school function, or school event,
18		whether or not school is in session;
19		(4) Transmits or causes to be transmitted in any manner
20		to any peace officer, public officer or public employee a
21		report to the effect that an offense will be committed, is
22		being committed, or has been committed, knowing at the time
23		of the transmission that there is no reasonable ground for
24		believing that the offense will be committed, is being
25		committed, or has been committed;
26		(5) Transmits or causes to be transmitted a false

HB5540 Enrolled - 1308 - LRB099 16003 AMC 40320 b
1		report to any public safety agency without the reasonable
2		grounds necessary to believe that transmitting the report
3		is necessary for the safety and welfare of the public; or
4		(6) Calls the number "911" for the purpose of making or
5		transmitting a false alarm or complaint and reporting
6		information when, at the time the call or transmission is
7		made, the person knows there is no reasonable ground for
8		making the call or transmission and further knows that the
9		call or transmission could result in the emergency response
10		of any public safety agency;
11		(7) Transmits or causes to be transmitted a false
12		report to the Department of Children and Family Services
13		under Section 4 of the "Abused and Neglected Child
14		Reporting Act";
15		(8) Transmits or causes to be transmitted a false
16		report to the Department of Public Health under the Nursing
17		Home Care Act, the Specialized Mental Health
18		Rehabilitation Act of 2013, the ID/DD Community Care Act,
19		or the MC/DD Act;
20		(9) Transmits or causes to be transmitted in any manner
21		to the police department or fire department of any
22		municipality or fire protection district, or any privately
23		owned and operated ambulance service, a false request for
24		an ambulance, emergency medical technician-ambulance or
25		emergency medical technician-paramedic knowing at the time
26		there is no reasonable ground for believing that the

HB5540 Enrolled - 1309 - LRB099 16003 AMC 40320 b
1		assistance is required;
2		(10) Transmits or causes to be transmitted a false
3		report under Article II of Public Act 83-1432 "An Act in
4		relation to victims of violence and abuse", approved
5		September 16, 1984, as amended;
6		(11) Enters upon the property of another and for a lewd
7		or unlawful purpose deliberately looks into a dwelling on
8		the property through any window or other opening in it; or
9		(12) While acting as a collection agency as defined in
10		the Collection Agency Act or as an employee of the
11		collection agency, and while attempting to collect an
12		alleged debt, makes a telephone call to the alleged debtor
13		which is designed to harass, annoy or intimidate the
14		alleged debtor.
15		(b) Sentence. A violation of subsection (a)(1) of this
16		Section is a Class C misdemeanor. A violation of subsection
17		(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
18		violation of subsection (a)(8) or (a)(10) of this Section is a
19		Class B misdemeanor. A violation of subsection (a)(2),
20		(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
21		a Class 4 felony. A violation of subsection (a)(3) of this
22		Section is a Class 3 felony, for which a fine of not less than
23		$3,000 and no more than $10,000 shall be assessed in addition
24		to any other penalty imposed.
25		A violation of subsection (a)(12) of this Section is a
26		Business Offense and shall be punished by a fine not to exceed

HB5540 Enrolled - 1310 - LRB099 16003 AMC 40320 b
1		$3,000. A second or subsequent violation of subsection (a)(7)
2		or (a)(5) of this Section is a Class 4 felony. A third or
3		subsequent violation of subsection (a)(11) of this Section is a
4		Class 4 felony.
5		(c) In addition to any other sentence that may be imposed,
6		a court shall order any person convicted of disorderly conduct
7		to perform community service for not less than 30 and not more
8		than 120 hours, if community service is available in the
9		jurisdiction and is funded and approved by the county board of
10		the county where the offense was committed. In addition,
11		whenever any person is placed on supervision for an alleged
12		offense under this Section, the supervision shall be
13		conditioned upon the performance of the community service.
14		This subsection does not apply when the court imposes a
15		sentence of incarceration.
16		(d) In addition to any other sentence that may be imposed,
17		the court shall order any person convicted of disorderly
18		conduct under paragraph (3) of subsection (a) involving a false
19		alarm of a threat that a bomb or explosive device has been
20		placed in a school to reimburse the unit of government that
21		employs the emergency response officer or officers that were
22		dispatched to the school for the cost of the search for a bomb
23		or explosive device.
24		(e) In addition to any other sentence that may be imposed,
25		the court shall order any person convicted of disorderly
26		conduct under paragraph (6) of subsection (a) to reimburse the

HB5540 Enrolled - 1311 - LRB099 16003 AMC 40320 b
1		public agency for the reasonable costs of the emergency
2		response by the public agency up to $10,000. If the court
3		determines that the person convicted of disorderly conduct
4		under paragraph (6) of subsection (a) is indigent, the
5		provisions of this subsection (e) do not apply.
6		(f) For the purposes of this Section, "emergency response"
7		means any condition that results in, or could result in, the
8		response of a public official in an authorized emergency
9		vehicle, any condition that jeopardizes or could jeopardize
10		public safety and results in, or could result in, the
11		evacuation of any area, building, structure, vehicle, or of any
12		other place that any person may enter, or any incident
13		requiring a response by a police officer, a firefighter, a
14		State Fire Marshal employee, or an ambulance.
15		(Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16;
16		99-180, eff. 7-29-15; revised 10-16-15.)
17		Section 540. The Illinois Controlled Substances Act is
18		amended by changing Sections 102 and 302 as follows:
19		(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
20		Sec. 102. Definitions. As used in this Act, unless the
21		context otherwise requires:
22		(a) "Addict" means any person who habitually uses any drug,
23		chemical, substance or dangerous drug other than alcohol so as
24		to endanger the public morals, health, safety or welfare or who

HB5540 Enrolled - 1312 - LRB099 16003 AMC 40320 b
1		is so far addicted to the use of a dangerous drug or controlled
2		substance other than alcohol as to have lost the power of self
3		control with reference to his or her addiction.
4		(b) "Administer" means the direct application of a
5		controlled substance, whether by injection, inhalation,
6		ingestion, or any other means, to the body of a patient,
7		research subject, or animal (as defined by the Humane
8		Euthanasia in Animal Shelters Act) by:
9		(1) a practitioner (or, in his or her presence, by his
10		or her authorized agent),
11		(2) the patient or research subject pursuant to an
12		order, or
13		(3) a euthanasia technician as defined by the Humane
14		Euthanasia in Animal Shelters Act.
15		(c) "Agent" means an authorized person who acts on behalf
16		of or at the direction of a manufacturer, distributor,
17		dispenser, prescriber, or practitioner. It does not include a
18		common or contract carrier, public warehouseman or employee of
19		the carrier or warehouseman.
20		(c-1) "Anabolic Steroids" means any drug or hormonal
21		substance, chemically and pharmacologically related to
22		testosterone (other than estrogens, progestins,
23		corticosteroids, and dehydroepiandrosterone), and includes:
24		(i) 3[beta],17-dihydroxy-5a-androstane,
25		(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
26		(iii) 5[alpha]-androstan-3,17-dione,

HB5540 Enrolled - 1313 - LRB099 16003 AMC 40320 b
1		(iv) 1-androstenediol (3[beta],
2		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
3		(v) 1-androstenediol (3[alpha],
4		17[beta]-dihydroxy-5[alpha]-androst-1-ene),
5		(vi) 4-androstenediol
6		(3[beta],17[beta]-dihydroxy-androst-4-ene),
7		(vii) 5-androstenediol
8		(3[beta],17[beta]-dihydroxy-androst-5-ene),
9		(viii) 1-androstenedione
10		([5alpha]-androst-1-en-3,17-dione),
11		(ix) 4-androstenedione
12		(androst-4-en-3,17-dione),
13		(x) 5-androstenedione
14		(androst-5-en-3,17-dione),
15		(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
16		hydroxyandrost-4-en-3-one),
17		(xii) boldenone (17[beta]-hydroxyandrost-
18		1,4,-diene-3-one),
19		(xiii) boldione (androsta-1,4-
20		diene-3,17-dione),
21		(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
22		[beta]-hydroxyandrost-4-en-3-one),
23		(xv) clostebol (4-chloro-17[beta]-
24		hydroxyandrost-4-en-3-one),
25		(xvi) dehydrochloromethyltestosterone (4-chloro-
26		17[beta]-hydroxy-17[alpha]-methyl-

HB5540 Enrolled - 1314 - LRB099 16003 AMC 40320 b
1		androst-1,4-dien-3-one),
2		(xvii) desoxymethyltestosterone
3		(17[alpha]-methyl-5[alpha]
4		-androst-2-en-17[beta]-ol)(a.k.a., madol),
5		(xviii) [delta]1-dihydrotestosterone (a.k.a.
6		'1-testosterone') (17[beta]-hydroxy-
7		5[alpha]-androst-1-en-3-one),
8		(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
9		androstan-3-one),
10		(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
11		5[alpha]-androstan-3-one),
12		(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
13		hydroxyestr-4-ene),
14		(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
15		1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
16		(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17		17[beta]-dihydroxyandrost-1,4-dien-3-one),
18		(xxiv) furazabol (17[alpha]-methyl-17[beta]-
19		hydroxyandrostano[2,3-c]-furazan),
20		(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)
21		(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
22		androst-4-en-3-one),
23		(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
24		dihydroxy-estr-4-en-3-one),
25		(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
26		hydroxy-5-androstan-3-one),

HB5540 Enrolled - 1315 - LRB099 16003 AMC 40320 b
1		(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
2		[5a]-androstan-3-one),
3		(xxx) methandienone (17[alpha]-methyl-17[beta]-
4		hydroxyandrost-1,4-dien-3-one),
5		(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
6		dihydroxyandrost-5-ene),
7		(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
8		5[alpha]-androst-1-en-3-one),
9		(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
10		dihydroxy-5a-androstane),
11		(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
12		-5a-androstane),
13		(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
14		dihydroxyandrost-4-ene),
15		(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
16		methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
17		(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
18		hydroxyestra-4,9(10)-dien-3-one),
19		(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
20		hydroxyestra-4,9-11-trien-3-one),
21		(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
22		hydroxyandrost-4-en-3-one),
23		(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
24		hydroxyestr-4-en-3-one),
25		(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
26		(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-

HB5540 Enrolled - 1316 - LRB099 16003 AMC 40320 b
1		androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
2		1-testosterone'),
3		(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
4		(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
5		dihydroxyestr-4-ene),
6		(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
7		dihydroxyestr-4-ene),
8		(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
9		dihydroxyestr-5-ene),
10		(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
11		dihydroxyestr-5-ene),
12		(xlvii) 19-nor-4,9(10)-androstadienedione
13		(estra-4,9(10)-diene-3,17-dione),
14		(xlviii) 19-nor-4-androstenedione (estr-4-
15		en-3,17-dione),
16		(xlix) 19-nor-5-androstenedione (estr-5-
17		en-3,17-dione),
18		(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
19		hydroxygon-4-en-3-one),
20		(li) norclostebol (4-chloro-17[beta]-
21		hydroxyestr-4-en-3-one),
22		(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
23		hydroxyestr-4-en-3-one),
24		(liii) normethandrolone (17[alpha]-methyl-17[beta]-
25		hydroxyestr-4-en-3-one),
26		(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-

HB5540 Enrolled - 1317 - LRB099 16003 AMC 40320 b
1		2-oxa-5[alpha]-androstan-3-one),
2		(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
3		dihydroxyandrost-4-en-3-one),
4		(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
5		17[beta]-hydroxy-(5[alpha]-androstan-3-one),
6		(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
7		(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
8		(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
9		(5[alpha]-androst-1-en-3-one),
10		(lix) testolactone (13-hydroxy-3-oxo-13,17-
11		secoandrosta-1,4-dien-17-oic
12		acid lactone),
13		(lx) testosterone (17[beta]-hydroxyandrost-
14		4-en-3-one),
15		(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
16		diethyl-17[beta]-hydroxygon-
17		4,9,11-trien-3-one),
18		(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
19		11-trien-3-one).
20		Any person who is otherwise lawfully in possession of an
21		anabolic steroid, or who otherwise lawfully manufactures,
22		distributes, dispenses, delivers, or possesses with intent to
23		deliver an anabolic steroid, which anabolic steroid is
24		expressly intended for and lawfully allowed to be administered
25		through implants to livestock or other nonhuman species, and
26		which is approved by the Secretary of Health and Human Services

HB5540 Enrolled - 1318 - LRB099 16003 AMC 40320 b
1		for such administration, and which the person intends to
2		administer or have administered through such implants, shall
3		not be considered to be in unauthorized possession or to
4		unlawfully manufacture, distribute, dispense, deliver, or
5		possess with intent to deliver such anabolic steroid for
6		purposes of this Act.
7		(d) "Administration" means the Drug Enforcement
8		Administration, United States Department of Justice, or its
9		successor agency.
10		(d-5) "Clinical Director, Prescription Monitoring Program"
11		means a Department of Human Services administrative employee
12		licensed to either prescribe or dispense controlled substances
13		who shall run the clinical aspects of the Department of Human
14		Services Prescription Monitoring Program and its Prescription
15		Information Library.
16		(d-10) "Compounding" means the preparation and mixing of
17		components, excluding flavorings, (1) as the result of a
18		prescriber's prescription drug order or initiative based on the
19		prescriber-patient-pharmacist relationship in the course of
20		professional practice or (2) for the purpose of, or incident
21		to, research, teaching, or chemical analysis and not for sale
22		or dispensing. "Compounding" includes the preparation of drugs
23		or devices in anticipation of receiving prescription drug
24		orders based on routine, regularly observed dispensing
25		patterns. Commercially available products may be compounded
26		for dispensing to individual patients only if both of the

HB5540 Enrolled - 1319 - LRB099 16003 AMC 40320 b
1		following conditions are met: (i) the commercial product is not
2		reasonably available from normal distribution channels in a
3		timely manner to meet the patient's needs and (ii) the
4		prescribing practitioner has requested that the drug be
5		compounded.
6		(e) "Control" means to add a drug or other substance, or
7		immediate precursor, to a Schedule whether by transfer from
8		another Schedule or otherwise.
9		(f) "Controlled Substance" means (i) a drug, substance,
10		immediate precursor, or synthetic drug in the Schedules of
11		Article II of this Act or (ii) a drug or other substance, or
12		immediate precursor, designated as a controlled substance by
13		the Department through administrative rule. The term does not
14		include distilled spirits, wine, malt beverages, or tobacco, as
15		those terms are defined or used in the Liquor Control Act of
16		1934 and the Tobacco Products Tax Act of 1995.
17		(f-5) "Controlled substance analog" means a substance:
18		(1) the chemical structure of which is substantially
19		similar to the chemical structure of a controlled substance
20		in Schedule I or II;
21		(2) which has a stimulant, depressant, or
22		hallucinogenic effect on the central nervous system that is
23		substantially similar to or greater than the stimulant,
24		depressant, or hallucinogenic effect on the central
25		nervous system of a controlled substance in Schedule I or
26		II; or

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1		(3) with respect to a particular person, which such
2		person represents or intends to have a stimulant,
3		depressant, or hallucinogenic effect on the central
4		nervous system that is substantially similar to or greater
5		than the stimulant, depressant, or hallucinogenic effect
6		on the central nervous system of a controlled substance in
7		Schedule I or II.
8		(g) "Counterfeit substance" means a controlled substance,
9		which, or the container or labeling of which, without
10		authorization bears the trademark, trade name, or other
11		identifying mark, imprint, number or device, or any likeness
12		thereof, of a manufacturer, distributor, or dispenser other
13		than the person who in fact manufactured, distributed, or
14		dispensed the substance.
15		(h) "Deliver" or "delivery" means the actual, constructive
16		or attempted transfer of possession of a controlled substance,
17		with or without consideration, whether or not there is an
18		agency relationship.
19		(i) "Department" means the Illinois Department of Human
20		Services (as successor to the Department of Alcoholism and
21		Substance Abuse) or its successor agency.
22		(j) (Blank).
23		(k) "Department of Corrections" means the Department of
24		Corrections of the State of Illinois or its successor agency.
25		(l) "Department of Financial and Professional Regulation"
26		means the Department of Financial and Professional Regulation

HB5540 Enrolled - 1321 - LRB099 16003 AMC 40320 b
1		of the State of Illinois or its successor agency.
2		(m) "Depressant" means any drug that (i) causes an overall
3		depression of central nervous system functions, (ii) causes
4		impaired consciousness and awareness, and (iii) can be
5		habit-forming or lead to a substance abuse problem, including
6		but not limited to alcohol, cannabis and its active principles
7		and their analogs, benzodiazepines and their analogs,
8		barbiturates and their analogs, opioids (natural and
9		synthetic) and their analogs, and chloral hydrate and similar
10		sedative hypnotics.
11		(n) (Blank).
12		(o) "Director" means the Director of the Illinois State
13		Police or his or her designated agents.
14		(p) "Dispense" means to deliver a controlled substance to
15		an ultimate user or research subject by or pursuant to the
16		lawful order of a prescriber, including the prescribing,
17		administering, packaging, labeling, or compounding necessary
18		to prepare the substance for that delivery.
19		(q) "Dispenser" means a practitioner who dispenses.
20		(r) "Distribute" means to deliver, other than by
21		administering or dispensing, a controlled substance.
22		(s) "Distributor" means a person who distributes.
23		(t) "Drug" means (1) substances recognized as drugs in the
24		official United States Pharmacopoeia, Official Homeopathic
25		Pharmacopoeia of the United States, or official National
26		Formulary, or any supplement to any of them; (2) substances

HB5540 Enrolled - 1322 - LRB099 16003 AMC 40320 b
1		intended for use in diagnosis, cure, mitigation, treatment, or
2		prevention of disease in man or animals; (3) substances (other
3		than food) intended to affect the structure of any function of
4		the body of man or animals and (4) substances intended for use
5		as a component of any article specified in clause (1), (2), or
6		(3) of this subsection. It does not include devices or their
7		components, parts, or accessories.
8		(t-3) "Electronic health record" or "EHR" means an
9		electronic record of health-related information on an
10		individual that is created, gathered, managed, and consulted by
11		authorized health care clinicians and staff.
12		(t-5) "Euthanasia agency" means an entity certified by the
13		Department of Financial and Professional Regulation for the
14		purpose of animal euthanasia that holds an animal control
15		facility license or animal shelter license under the Animal
16		Welfare Act. A euthanasia agency is authorized to purchase,
17		store, possess, and utilize Schedule II nonnarcotic and
18		Schedule III nonnarcotic drugs for the sole purpose of animal
19		euthanasia.
20		(t-10) "Euthanasia drugs" means Schedule II or Schedule III
21		substances (nonnarcotic controlled substances) that are used
22		by a euthanasia agency for the purpose of animal euthanasia.
23		(u) "Good faith" means the prescribing or dispensing of a
24		controlled substance by a practitioner in the regular course of
25		professional treatment to or for any person who is under his or
26		her treatment for a pathology or condition other than that

HB5540 Enrolled - 1323 - LRB099 16003 AMC 40320 b
1		individual's physical or psychological dependence upon or
2		addiction to a controlled substance, except as provided herein:
3		and application of the term to a pharmacist shall mean the
4		dispensing of a controlled substance pursuant to the
5		prescriber's order which in the professional judgment of the
6		pharmacist is lawful. The pharmacist shall be guided by
7		accepted professional standards including, but not limited to
8		the following, in making the judgment:
9		(1) lack of consistency of prescriber-patient
10		relationship,
11		(2) frequency of prescriptions for same drug by one
12		prescriber for large numbers of patients,
13		(3) quantities beyond those normally prescribed,
14		(4) unusual dosages (recognizing that there may be
15		clinical circumstances where more or less than the usual
16		dose may be used legitimately),
17		(5) unusual geographic distances between patient,
18		pharmacist and prescriber,
19		(6) consistent prescribing of habit-forming drugs.
20		(u-0.5) "Hallucinogen" means a drug that causes markedly
21		altered sensory perception leading to hallucinations of any
22		type.
23		(u-1) "Home infusion services" means services provided by a
24		pharmacy in compounding solutions for direct administration to
25		a patient in a private residence, long-term care facility, or
26		hospice setting by means of parenteral, intravenous,

HB5540 Enrolled - 1324 - LRB099 16003 AMC 40320 b
1		intramuscular, subcutaneous, or intraspinal infusion.
2		(u-5) "Illinois State Police" means the State Police of the
3		State of Illinois, or its successor agency.
4		(v) "Immediate precursor" means a substance:
5		(1) which the Department has found to be and by rule
6		designated as being a principal compound used, or produced
7		primarily for use, in the manufacture of a controlled
8		substance;
9		(2) which is an immediate chemical intermediary used or
10		likely to be used in the manufacture of such controlled
11		substance; and
12		(3) the control of which is necessary to prevent,
13		curtail or limit the manufacture of such controlled
14		substance.
15		(w) "Instructional activities" means the acts of teaching,
16		educating or instructing by practitioners using controlled
17		substances within educational facilities approved by the State
18		Board of Education or its successor agency.
19		(x) "Local authorities" means a duly organized State,
20		County or Municipal peace unit or police force.
21		(y) "Look-alike substance" means a substance, other than a
22		controlled substance which (1) by overall dosage unit
23		appearance, including shape, color, size, markings or lack
24		thereof, taste, consistency, or any other identifying physical
25		characteristic of the substance, would lead a reasonable person
26		to believe that the substance is a controlled substance, or (2)

HB5540 Enrolled - 1325 - LRB099 16003 AMC 40320 b
1		is expressly or impliedly represented to be a controlled
2		substance or is distributed under circumstances which would
3		lead a reasonable person to believe that the substance is a
4		controlled substance. For the purpose of determining whether
5		the representations made or the circumstances of the
6		distribution would lead a reasonable person to believe the
7		substance to be a controlled substance under this clause (2) of
8		subsection (y), the court or other authority may consider the
9		following factors in addition to any other factor that may be
10		relevant:
11		(a) statements made by the owner or person in control
12		of the substance concerning its nature, use or effect;
13		(b) statements made to the buyer or recipient that the
14		substance may be resold for profit;
15		(c) whether the substance is packaged in a manner
16		normally used for the illegal distribution of controlled
17		substances;
18		(d) whether the distribution or attempted distribution
19		included an exchange of or demand for money or other
20		property as consideration, and whether the amount of the
21		consideration was substantially greater than the
22		reasonable retail market value of the substance.
23		Clause (1) of this subsection (y) shall not apply to a
24		noncontrolled substance in its finished dosage form that was
25		initially introduced into commerce prior to the initial
26		introduction into commerce of a controlled substance in its

HB5540 Enrolled - 1326 - LRB099 16003 AMC 40320 b
1		finished dosage form which it may substantially resemble.
2		Nothing in this subsection (y) prohibits the dispensing or
3		distributing of noncontrolled substances by persons authorized
4		to dispense and distribute controlled substances under this
5		Act, provided that such action would be deemed to be carried
6		out in good faith under subsection (u) if the substances
7		involved were controlled substances.
8		Nothing in this subsection (y) or in this Act prohibits the
9		manufacture, preparation, propagation, compounding,
10		processing, packaging, advertising or distribution of a drug or
11		drugs by any person registered pursuant to Section 510 of the
12		Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
13		(y-1) "Mail-order pharmacy" means a pharmacy that is
14		located in a state of the United States that delivers,
15		dispenses or distributes, through the United States Postal
16		Service or other common carrier, to Illinois residents, any
17		substance which requires a prescription.
18		(z) "Manufacture" means the production, preparation,
19		propagation, compounding, conversion or processing of a
20		controlled substance other than methamphetamine, either
21		directly or indirectly, by extraction from substances of
22		natural origin, or independently by means of chemical
23		synthesis, or by a combination of extraction and chemical
24		synthesis, and includes any packaging or repackaging of the
25		substance or labeling of its container, except that this term
26		does not include:

HB5540 Enrolled - 1327 - LRB099 16003 AMC 40320 b
1		(1) by an ultimate user, the preparation or compounding
2		of a controlled substance for his or her own use; or
3		(2) by a practitioner, or his or her authorized agent
4		under his or her supervision, the preparation,
5		compounding, packaging, or labeling of a controlled
6		substance:
7		(a) as an incident to his or her administering or
8		dispensing of a controlled substance in the course of
9		his or her professional practice; or
10		(b) as an incident to lawful research, teaching or
11		chemical analysis and not for sale.
12		(z-1) (Blank).
13		(z-5) "Medication shopping" means the conduct prohibited
14		under subsection (a) of Section 314.5 of this Act.
15		(z-10) "Mid-level practitioner" means (i) a physician
16		assistant who has been delegated authority to prescribe through
17		a written delegation of authority by a physician licensed to
18		practice medicine in all of its branches, in accordance with
19		Section 7.5 of the Physician Assistant Practice Act of 1987,
20		(ii) an advanced practice nurse who has been delegated
21		authority to prescribe through a written delegation of
22		authority by a physician licensed to practice medicine in all
23		of its branches or by a podiatric physician, in accordance with
24		Section 65-40 of the Nurse Practice Act, (iii) an advanced
25		practice nurse certified as a nurse practitioner, nurse
26		midwife, or clinical nurse specialist who has been granted

HB5540 Enrolled - 1328 - LRB099 16003 AMC 40320 b
1		authority to prescribe by a hospital affiliate in accordance
2		with Section 65-45 of the Nurse Practice Act, (iv) an animal
3		euthanasia agency, or (v) a prescribing psychologist.
4		(aa) "Narcotic drug" means any of the following, whether
5		produced directly or indirectly by extraction from substances
6		of vegetable origin, or independently by means of chemical
7		synthesis, or by a combination of extraction and chemical
8		synthesis:
9		(1) opium, opiates, derivatives of opium and opiates,
10		including their isomers, esters, ethers, salts, and salts
11		of isomers, esters, and ethers, whenever the existence of
12		such isomers, esters, ethers, and salts is possible within
13		the specific chemical designation; however the term
14		"narcotic drug" does not include the isoquinoline
15		alkaloids of opium;
16		(2) (blank);
17		(3) opium poppy and poppy straw;
18		(4) coca leaves, except coca leaves and extracts of
19		coca leaves from which substantially all of the cocaine and
20		ecgonine, and their isomers, derivatives and salts, have
21		been removed;
22		(5) cocaine, its salts, optical and geometric isomers,
23		and salts of isomers;
24		(6) ecgonine, its derivatives, their salts, isomers,
25		and salts of isomers;
26		(7) any compound, mixture, or preparation which

HB5540 Enrolled - 1329 - LRB099 16003 AMC 40320 b
1		contains any quantity of any of the substances referred to
2		in subparagraphs (1) through (6).
3		(bb) "Nurse" means a registered nurse licensed under the
4		Nurse Practice Act.
5		(cc) (Blank).
6		(dd) "Opiate" means any substance having an addiction
7		forming or addiction sustaining liability similar to morphine
8		or being capable of conversion into a drug having addiction
9		forming or addiction sustaining liability.
10		(ee) "Opium poppy" means the plant of the species Papaver
11		somniferum L., except its seeds.
12		(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
13		solution or other liquid form of medication intended for
14		administration by mouth, but the term does not include a form
15		of medication intended for buccal, sublingual, or transmucosal
16		administration.
17		(ff) "Parole and Pardon Board" means the Parole and Pardon
18		Board of the State of Illinois or its successor agency.
19		(gg) "Person" means any individual, corporation,
20		mail-order pharmacy, government or governmental subdivision or
21		agency, business trust, estate, trust, partnership or
22		association, or any other entity.
23		(hh) "Pharmacist" means any person who holds a license or
24		certificate of registration as a registered pharmacist, a local
25		registered pharmacist or a registered assistant pharmacist
26		under the Pharmacy Practice Act.

HB5540 Enrolled - 1330 - LRB099 16003 AMC 40320 b
1		(ii) "Pharmacy" means any store, ship or other place in
2		which pharmacy is authorized to be practiced under the Pharmacy
3		Practice Act.
4		(ii-5) "Pharmacy shopping" means the conduct prohibited
5		under subsection (b) of Section 314.5 of this Act.
6		(ii-10) "Physician" (except when the context otherwise
7		requires) means a person licensed to practice medicine in all
8		of its branches.
9		(jj) "Poppy straw" means all parts, except the seeds, of
10		the opium poppy, after mowing.
11		(kk) "Practitioner" means a physician licensed to practice
12		medicine in all its branches, dentist, optometrist, podiatric
13		physician, veterinarian, scientific investigator, pharmacist,
14		physician assistant, advanced practice nurse, licensed
15		practical nurse, registered nurse, hospital, laboratory, or
16		pharmacy, or other person licensed, registered, or otherwise
17		lawfully permitted by the United States or this State to
18		distribute, dispense, conduct research with respect to,
19		administer or use in teaching or chemical analysis, a
20		controlled substance in the course of professional practice or
21		research.
22		(ll) "Pre-printed prescription" means a written
23		prescription upon which the designated drug has been indicated
24		prior to the time of issuance; the term does not mean a written
25		prescription that is individually generated by machine or
26		computer in the prescriber's office.

HB5540 Enrolled - 1331 - LRB099 16003 AMC 40320 b
1		(mm) "Prescriber" means a physician licensed to practice
2		medicine in all its branches, dentist, optometrist,
3		prescribing psychologist licensed under Section 4.2 of the
4		Clinical Psychologist Licensing Act with prescriptive
5		authority delegated under Section 4.3 of the Clinical
6		Psychologist Licensing Act, podiatric physician, or
7		veterinarian who issues a prescription, a physician assistant
8		who issues a prescription for a controlled substance in
9		accordance with Section 303.05, a written delegation, and a
10		written supervision agreement required under Section 7.5 of the
11		Physician Assistant Practice Act of 1987, an advanced practice
12		nurse with prescriptive authority delegated under Section
13		65-40 of the Nurse Practice Act and in accordance with Section
14		303.05, a written delegation, and a written collaborative
15		agreement under Section 65-35 of the Nurse Practice Act, or an
16		advanced practice nurse certified as a nurse practitioner,
17		nurse midwife, or clinical nurse specialist who has been
18		granted authority to prescribe by a hospital affiliate in
19		accordance with Section 65-45 of the Nurse Practice Act and in
20		accordance with Section 303.05.
21		(nn) "Prescription" means a written, facsimile, or oral
22		order, or an electronic order that complies with applicable
23		federal requirements, of a physician licensed to practice
24		medicine in all its branches, dentist, podiatric physician or
25		veterinarian for any controlled substance, of an optometrist in
26		accordance with Section 15.1 of the Illinois Optometric

HB5540 Enrolled - 1332 - LRB099 16003 AMC 40320 b
1		Practice Act of 1987, of a prescribing psychologist licensed
2		under Section 4.2 of the Clinical Psychologist Licensing Act
3		with prescriptive authority delegated under Section 4.3 of the
4		Clinical Psychologist Licensing Act, of a physician assistant
5		for a controlled substance in accordance with Section 303.05, a
6		written delegation, and a written supervision agreement
7		required under Section 7.5 of the Physician Assistant Practice
8		Act of 1987, of an advanced practice nurse with prescriptive
9		authority delegated under Section 65-40 of the Nurse Practice
10		Act who issues a prescription for a controlled substance in
11		accordance with Section 303.05, a written delegation, and a
12		written collaborative agreement under Section 65-35 of the
13		Nurse Practice Act, or of an advanced practice nurse certified
14		as a nurse practitioner, nurse midwife, or clinical nurse
15		specialist who has been granted authority to prescribe by a
16		hospital affiliate in accordance with Section 65-45 of the
17		Nurse Practice Act and in accordance with Section 303.05 when
18		required by law.
19		(nn-5) "Prescription Information Library" (PIL) means an
20		electronic library that contains reported controlled substance
21		data.
22		(nn-10) "Prescription Monitoring Program" (PMP) means the
23		entity that collects, tracks, and stores reported data on
24		controlled substances and select drugs pursuant to Section 316.
25		(oo) "Production" or "produce" means manufacture,
26		planting, cultivating, growing, or harvesting of a controlled

HB5540 Enrolled - 1333 - LRB099 16003 AMC 40320 b
1		substance other than methamphetamine.
2		(pp) "Registrant" means every person who is required to
3		register under Section 302 of this Act.
4		(qq) "Registry number" means the number assigned to each
5		person authorized to handle controlled substances under the
6		laws of the United States and of this State.
7		(qq-5) "Secretary" means, as the context requires, either
8		the Secretary of the Department or the Secretary of the
9		Department of Financial and Professional Regulation, and the
10		Secretary's designated agents.
11		(rr) "State" includes the State of Illinois and any state,
12		district, commonwealth, territory, insular possession thereof,
13		and any area subject to the legal authority of the United
14		States of America.
15		(rr-5) "Stimulant" means any drug that (i) causes an
16		overall excitation of central nervous system functions, (ii)
17		causes impaired consciousness and awareness, and (iii) can be
18		habit-forming or lead to a substance abuse problem, including
19		but not limited to amphetamines and their analogs,
20		methylphenidate and its analogs, cocaine, and phencyclidine
21		and its analogs.
22		(ss) "Ultimate user" means a person who lawfully possesses
23		a controlled substance for his or her own use or for the use of
24		a member of his or her household or for administering to an
25		animal owned by him or her or by a member of his or her
26		household.

HB5540 Enrolled - 1334 - LRB099 16003 AMC 40320 b
1		(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
2		98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff.
3		7-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480,
4		eff. 9-9-15; revised 10-19-15.)
5		(720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
6		Sec. 302. (a) Every person who manufactures, distributes,
7		or dispenses any controlled substances; engages in chemical
8		analysis, research, or instructional activities which utilize
9		controlled substances; purchases, stores, or administers
10		euthanasia drugs, within this State; provides canine odor
11		detection services; proposes to engage in the manufacture,
12		distribution, or dispensing of any controlled substance;
13		proposes to engage in chemical analysis, research, or
14		instructional activities which utilize controlled substances;
15		proposes to engage in purchasing, storing, or administering
16		euthanasia drugs; or proposes to provide canine odor detection
17		services within this State, must obtain a registration issued
18		by the Department of Financial and Professional Regulation in
19		accordance with its rules. The rules shall include, but not be
20		limited to, setting the expiration date and renewal period for
21		each registration under this Act. The Department, any facility
22		or service licensed by the Department, and any veterinary
23		hospital or clinic operated by a veterinarian or veterinarians
24		licensed under the Veterinary Medicine and Surgery Practice Act
25		of 2004 or maintained by a State-supported or publicly funded

HB5540 Enrolled - 1335 - LRB099 16003 AMC 40320 b
1		university or college shall be exempt from the regulation
2		requirements of this Section; however, such exemption shall not
3		operate to bar the University of Illinois from requesting, nor
4		the Department of Financial and Professional Regulation from
5		issuing, a registration to the University of Illinois
6		Veterinary Teaching Hospital under this Act. Neither a request
7		for such registration nor the issuance of such registration to
8		the University of Illinois shall operate to otherwise waive or
9		modify the exemption provided in this subsection (a).
10		(b) Persons registered by the Department of Financial and
11		Professional Regulation under this Act to manufacture,
12		distribute, or dispense controlled substances, engage in
13		chemical analysis, research, or instructional activities which
14		utilize controlled substances, purchase, store, or administer
15		euthanasia drugs, or provide canine odor detection services,
16		may possess, manufacture, distribute, engage in chemical
17		analysis, research, or instructional activities which utilize
18		controlled substances, dispense those substances, or purchase,
19		store, or administer euthanasia drugs, or provide canine odor
20		detection services to the extent authorized by their
21		registration and in conformity with the other provisions of
22		this Article.
23		(c) The following persons need not register and may
24		lawfully possess controlled substances under this Act:
25		(1) an agent or employee of any registered
26		manufacturer, distributor, or dispenser of any controlled

HB5540 Enrolled - 1336 - LRB099 16003 AMC 40320 b
1		substance if he or she is acting in the usual course of his
2		or her employer's lawful business or employment;
3		(2) a common or contract carrier or warehouseman, or an
4		agent or employee thereof, whose possession of any
5		controlled substance is in the usual lawful course of such
6		business or employment;
7		(3) an ultimate user or a person in possession of a
8		controlled substance prescribed for the ultimate user
9		under a lawful prescription of a practitioner, including an
10		advanced practice nurse, practical nurse, or registered
11		nurse licensed under the Nurse Practice Act, or a physician
12		assistant licensed under the Physician Assistant Practice
13		Act of 1987, who provides hospice services to a hospice
14		patient or who provides home health services to a person,
15		or a person in possession of any controlled substance
16		pursuant to a lawful prescription of a practitioner or in
17		lawful possession of a Schedule V substance. In this
18		Section, "home health services" has the meaning ascribed to
19		it in the Home Health, Home Services, and Home Nursing
20		Agency Licensing Act; and "hospice patient" and "hospice
21		services" have the meanings ascribed to them in the Hospice
22		Program Licensing Act;
23		(4) officers and employees of this State or of the
24		United States while acting in the lawful course of their
25		official duties which requires possession of controlled
26		substances;

HB5540 Enrolled - 1337 - LRB099 16003 AMC 40320 b
1		(5) a registered pharmacist who is employed in, or the
2		owner of, a pharmacy licensed under this Act and the
3		Federal Controlled Substances Act, at the licensed
4		location, or if he or she is acting in the usual course of
5		his or her lawful profession, business, or employment;
6		(6) a holder of a temporary license issued under
7		Section 17 of the Medical Practice Act of 1987 practicing
8		within the scope of that license and in compliance with the
9		rules adopted under this Act. In addition to possessing
10		controlled substances, a temporary license holder may
11		order, administer, and prescribe controlled substances
12		when acting within the scope of his or her license and in
13		compliance with the rules adopted under this Act.
14		(d) A separate registration is required at each place of
15		business or professional practice where the applicant
16		manufactures, distributes, or dispenses controlled substances,
17		or purchases, stores, or administers euthanasia drugs. Persons
18		are required to obtain a separate registration for each place
19		of business or professional practice where controlled
20		substances are located or stored. A separate registration is
21		not required for every location at which a controlled substance
22		may be prescribed.
23		(e) The Department of Financial and Professional
24		Regulation or the Illinois State Police may inspect the
25		controlled premises, as defined in Section 502 of this Act, of
26		a registrant or applicant for registration in accordance with

HB5540 Enrolled - 1338 - LRB099 16003 AMC 40320 b
1		this Act and the rules promulgated hereunder and with regard to
2		persons licensed by the Department, in accordance with
3		subsection (bb) of Section 30-5 of the Alcoholism and Other
4		Drug Abuse and Dependency Act and the rules and regulations
5		promulgated thereunder.
6		(Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; revised
7		10-16-15.)
8		Section 545. The Code of Criminal Procedure of 1963 is
9		amended by changing Sections 111-8 and 115-17b as follows:
10		(725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
11		Sec. 111-8. Orders of protection to prohibit domestic
12		violence.
13		(a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,
14		10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
15		11-1.60, 11-14.3 that involves soliciting for a prostitute,
16		11-14.4 that involves soliciting for a juvenile prostitute,
17		11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
18		12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1,
19		12-4.3, 12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5,
20		12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1,
21		21-2, 21-3, or 26.5-2 of the Criminal Code of 1961 or the
22		Criminal Code of 2012 or Section 1-1 of the Harassing and
23		Obscene Communications Act is alleged in an information,
24		complaint or indictment on file, and the alleged offender and

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1		victim are family or household members, as defined in the
2		Illinois Domestic Violence Act of 1986, as now or hereafter
3		amended, the People through the respective State's Attorneys
4		may by separate petition and upon notice to the defendant,
5		except as provided in subsection (c) herein, request the court
6		to issue an order of protection.
7		(b) In addition to any other remedies specified in Section
8		208 of the Illinois Domestic Violence Act of 1986, as now or
9		hereafter amended, the order may direct the defendant to
10		initiate no contact with the alleged victim or victims who are
11		family or household members and to refrain from entering the
12		residence, school or place of business of the alleged victim or
13		victims.
14		(c) The court may grant emergency relief without notice
15		upon a showing of immediate and present danger of abuse to the
16		victim or minor children of the victim and may enter a
17		temporary order pending notice and full hearing on the matter.
18		(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11;
19		P.A. 96-1551, Article 2, Section 1040, eff. 7-1-11; 97-1108,
20		eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
21		revised 10-20-15.)
22		(725 ILCS 5/115-17b)
23		Sec. 115-17b. Administrative subpoenas.
24		(a) Definitions. As used in this Section:
25		"Electronic communication services" and "remote

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1		computing services" have the same meaning as provided in
2		the Electronic Communications Privacy Act in Chapter 121
3		(commencing with Section 2701) of Part I of Title 18 of the
4		United States Code Annotated.
5		"Offense involving the sexual exploitation of
6		children" means an offense under Section 11-1.20, 11-1.30,
7		11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9.1,
8		11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2,
9		11-20.1, 11-20.1B, 11-20.3, 11-21, 11-23, 11-25, 11-26,
10		12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code
11		of 1961 or the Criminal Code of 2012 or any attempt to
12		commit any of these offenses when the victim is under 18
13		years of age.
14		(b) Subpoenas duces tecum. In any criminal investigation of
15		an offense involving the sexual exploitation of children, the
16		Attorney General, or his or her designee, or a State's
17		Attorney, or his or her designee, may issue in writing and
18		cause to be served subpoenas duces tecum to providers of
19		electronic communication services or remote computing services
20		requiring the production of records relevant to the
21		investigation. Any such request for records shall not extend
22		beyond requiring the provider to disclose the information
23		specified in 18 U.S.C. 2703(c)(2). Any subpoena duces tecum
24		issued under this Section shall be made returnable to the Chief
25		Judge of the Circuit Court for the Circuit in which the State's
26		Attorney resides, or his or her designee, or for subpoenas

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1		issued by the Attorney General, the subpoena shall be made
2		returnable to the Chief Judge of the Circuit Court for the
3		Circuit to which the investigation pertains, or his or her
4		designee, to determine whether the documents are privileged and
5		whether the subpoena is unreasonable or oppressive.
6		(c) Contents of subpoena. A subpoena under this Section
7		shall describe the records or other things required to be
8		produced and prescribe a return date within a reasonable period
9		of time within which the objects or records can be assembled
10		and made available.
11		(c-5) Contemporaneous notice to Chief Judge. Whenever a
12		subpoena is issued under this Section, the Attorney General or
13		his or her designee or the State's Attorney or his or of her
14		designee shall be required to provide a copy of the subpoena to
15		the Chief Judge of the county in which the subpoena is
16		returnable.
17		(d) Modifying or quashing subpoena. At any time before the
18		return date specified in the subpoena, the person or entity to
19		whom the subpoena is directed may petition for an order
20		modifying or quashing the subpoena on the grounds that the
21		subpoena is oppressive or unreasonable or that the subpoena
22		seeks privileged documents or records.
23		(e) Ex parte order. An Illinois circuit court for the
24		circuit in which the subpoena is or will be issued, upon
25		application of the Attorney General, or his or her designee, or
26		State's Attorney, or his or her designee, may issue an ex parte

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1		order that no person or entity disclose to any other person or
2		entity (other than persons necessary to comply with the
3		subpoena) the existence of such subpoena for a period of up to
4		90 days.
5		(1) Such order may be issued upon a showing that the
6		things being sought may be relevant to the investigation
7		and there is reason to believe that such disclosure may
8		result in:
9		(A) endangerment to the life or physical safety of
10		any person;
11		(B) flight to avoid prosecution;
12		(C) destruction of or tampering with evidence;
13		(D) intimidation of potential witnesses; or
14		(E) otherwise seriously jeopardizing an
15		investigation or unduly delaying a trial.
16		(2) An order under this Section may be renewed for
17		additional periods of up to 90 days upon a showing that the
18		circumstances described in paragraph (1) of this
19		subsection (e) continue to exist.
20		(f) Enforcement. A witness who is duly subpoenaed who
21		neglects or refuses to comply with the subpoena shall be
22		proceeded against and punished for contempt of the court. A
23		subpoena duces tecum issued under this Section may be enforced
24		pursuant to the Uniform Act to Secure the Attendance of
25		Witnesses from Within or Without a State in Criminal
26		Proceedings.

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1		(g) Immunity from civil liability. Notwithstanding any
2		federal, State, or local law, any person, including officers,
3		agents, and employees, receiving a subpoena under this Section,
4		who complies in good faith with the subpoena and thus produces
5		the materials sought, shall not be liable in any court of
6		Illinois to any customer or other person for such production or
7		for nondisclosure of that production to the customer.
8		(Source: P.A. 97-475, eff. 8-22-11; 97-1150, eff. 1-25-13;
9		revised 10-16-15.)
10		Section 550. The Rights of Crime Victims and Witnesses Act
11		is amended by changing Section 3 as follows:
12		(725 ILCS 120/3) (from Ch. 38, par. 1403)
13		Sec. 3. The terms used in this Act shall have the following
14		meanings:
15		(a) "Crime victim" or "victim" means: (1) any natural
16		person determined by the prosecutor or the court to have
17		suffered direct physical or psychological harm as a result of a
18		violent crime perpetrated or attempted against that person or
19		direct physical or psychological harm as a result of (i) a
20		violation of Section 11-501 of the Illinois Vehicle Code or
21		similar provision of a local ordinance or (ii) a violation of
22		Section 9-3 of the Criminal Code of 1961 or the Criminal Code
23		of 2012; (2) in the case of a crime victim who is under 18 years
24		of age or an adult victim who is incompetent or incapacitated,

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1		both parents, legal guardians, foster parents, or a single
2		adult representative; (3) in the case of an adult deceased
3		victim, 2 representatives who may be the spouse, parent, child
4		or sibling of the victim, or the representative of the victim's
5		estate; and (4) an immediate family member of a victim under
6		clause (1) of this paragraph (a) chosen by the victim. If the
7		victim is 18 years of age or over, the victim may choose any
8		person to be the victim's representative. In no event shall the
9		defendant or any person who aided and abetted in the commission
10		of the crime be considered a victim, a crime victim, or a
11		representative of the victim.
12		A board, agency, or other governmental entity making
13		decisions regarding an offender's release, sentence reduction,
14		or clemency can determine additional persons are victims for
15		the purpose of its proceedings. person with a disability
16		(a-3) "Advocate" means a person whose communications with
17		the victim are privileged under Section 8-802.1 or 8-802.2 of
18		the Code of Civil Procedure, or Section 227 of the Illinois
19		Domestic Violence Act of 1986.
20		(a-5) "Confer" means to consult together, share
21		information, compare opinions and carry on a discussion or
22		deliberation.
23		(a-7) "Sentence" includes, but is not limited to, the
24		imposition of sentence, a request for a reduction in sentence,
25		parole, mandatory supervised release, aftercare release, early
26		release, clemency, or a proposal that would reduce the

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1		defendant's sentence or result in the defendant's release.
2		"Early release" refers to a discretionary release.
3		(a-9) "Sentencing" includes, but is not limited to, the
4		imposition of sentence and a request for a reduction in
5		sentence, parole, mandatory supervised release, aftercare
6		release, or early release.
7		(b) "Witness" means any person who personally observed the
8		commission of a crime and who will testify on behalf of the
9		State of Illinois.
10		(c) "Violent crime Crime" means: (1) any felony in which
11		force or threat of force was used against the victim; (2) any
12		offense involving sexual exploitation, sexual conduct, or
13		sexual penetration; (3) a violation of Section 11-20.1,
14		11-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 or
15		the Criminal Code of 2012; (4) domestic battery or , stalking;
16		(5) violation of an order of protection, a civil no contact
17		order, or a stalking no contact order; (6) any misdemeanor
18		which results in death or great bodily harm to the victim; or
19		(7) any violation of Section 9-3 of the Criminal Code of 1961
20		or the Criminal Code of 2012, or Section 11-501 of the Illinois
21		Vehicle Code, or a similar provision of a local ordinance, if
22		the violation resulted in personal injury or death. "Violent
23		crime" includes any action committed by a juvenile that would
24		be a violent crime if committed by an adult. For the purposes
25		of this paragraph, "personal injury" shall include any Type A
26		injury as indicated on the traffic accident report completed by

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1		a law enforcement officer that requires immediate professional
2		attention in either a doctor's office or medical facility. A
3		type A injury shall include severely bleeding wounds, distorted
4		extremities, and injuries that require the injured party to be
5		carried from the scene.
6		(d) (Blank).
7		(e) "Court proceedings" includes, but is not limited to,
8		the preliminary hearing, any post-arraignment hearing the
9		effect of which may be the release of the defendant from
10		custody or to alter the conditions of bond, change of plea
11		hearing, the trial, any pretrial or post-trial hearing,
12		sentencing, any oral argument or hearing before an Illinois
13		appellate court, any hearing under the Mental Health and
14		Developmental Disabilities Code after a finding that the
15		defendant is not guilty by reason of insanity, any hearing
16		related to a modification of sentence, probation revocation
17		hearing, aftercare release or parole hearings, post-conviction
18		relief proceedings, habeas corpus proceedings and clemency
19		proceedings related to the defendant's conviction or sentence.
20		For purposes of the victim's right to be present, "court
21		proceedings" does not include (1) hearings under Section 109-1
22		of the Code of Criminal Procedure of 1963, (2) grand jury
23		proceedings, (3) status hearings, or (4) the issuance of an
24		order or decision of an Illinois court that dismisses a charge,
25		reverses a conviction, reduces a sentence, or releases an
26		offender under a court rule.

HB5540 Enrolled - 1347 - LRB099 16003 AMC 40320 b
1		(f) "Concerned citizen" includes relatives of the victim,
2		friends of the victim, witnesses to the crime, or any other
3		person associated with the victim or prisoner.
4		(g) "Victim's attorney" means an attorney retained by the
5		victim for the purposes of asserting the victim's
6		constitutional and statutory rights. An attorney retained by
7		the victim means an attorney who is hired to represent the
8		victim at the victim's expense or an attorney who has agreed to
9		provide pro bono representation. Nothing in this statute
10		creates a right to counsel at public expense for a victim.
11		(Source: P.A. 98-558, eff. 1-1-14; 99-143, eff. 7-27-15;
12		99-413, eff. 8-20-15; revised 10-19-15.)
13		Section 555. The Witness Protection Act is amended by
14		changing Section 2 as follows:
15		(725 ILCS 245/2) (from Ch. 38, par. 155-22)
16		Sec. 2. The Illinois Law Enforcement Commission with
17		respect to federal grant moneys received by such Commission
18		prior to January 1, 1983, may make grants prior to April 1,
19		1983 to the several State's Attorneys states attorneys of the
20		State of Illinois. Such grants may be made to any State's
21		Attorney states attorney who applies for funds to provide for
22		protection of witnesses and the families and property of
23		witnesses involved in criminal investigations and
24		prosecutions.

HB5540 Enrolled - 1348 - LRB099 16003 AMC 40320 b
1		(Source: P.A. 82-1039; revised 10-16-15.)
2		Section 560. The Unified Code of Corrections is amended by
3		changing Sections 3-6-3, 5-4-3b, 5-5-3.1, 5-5-3.2, 5-5.5-5,
4		and 5-6-3.1 as follows:
5		(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
6		Sec. 3-6-3. Rules and Regulations for Sentence Credit.
7		(a) (1) The Department of Corrections shall prescribe
8		rules and regulations for awarding and revoking sentence
9		credit for persons committed to the Department which shall
10		be subject to review by the Prisoner Review Board.
11		(1.5) As otherwise provided by law, sentence credit may
12		be awarded for the following:
13		(A) successful completion of programming while in
14		custody of the Department or while in custody prior to
15		sentencing;
16		(B) compliance with the rules and regulations of
17		the Department; or
18		(C) service to the institution, service to a
19		community, or service to the State.
20		(2) The rules and regulations on sentence credit shall
21		provide, with respect to offenses listed in clause (i),
22		(ii), or (iii) of this paragraph (2) committed on or after
23		June 19, 1998 or with respect to the offense listed in
24		clause (iv) of this paragraph (2) committed on or after

HB5540 Enrolled - 1349 - LRB099 16003 AMC 40320 b
1		June 23, 2005 (the effective date of Public Act 94-71) or
2		with respect to offense listed in clause (vi) committed on
3		or after June 1, 2008 (the effective date of Public Act
4		95-625) or with respect to the offense of being an armed
5		habitual criminal committed on or after August 2, 2005 (the
6		effective date of Public Act 94-398) or with respect to the
7		offenses listed in clause (v) of this paragraph (2)
8		committed on or after August 13, 2007 (the effective date
9		of Public Act 95-134) or with respect to the offense of
10		aggravated domestic battery committed on or after July 23,
11		2010 (the effective date of Public Act 96-1224) or with
12		respect to the offense of attempt to commit terrorism
13		committed on or after January 1, 2013 (the effective date
14		of Public Act 97-990), the following:
15		(i) that a prisoner who is serving a term of
16		imprisonment for first degree murder or for the offense
17		of terrorism shall receive no sentence credit and shall
18		serve the entire sentence imposed by the court;
19		(ii) that a prisoner serving a sentence for attempt
20		to commit terrorism, attempt to commit first degree
21		murder, solicitation of murder, solicitation of murder
22		for hire, intentional homicide of an unborn child,
23		predatory criminal sexual assault of a child,
24		aggravated criminal sexual assault, criminal sexual
25		assault, aggravated kidnapping, aggravated battery
26		with a firearm as described in Section 12-4.2 or

HB5540 Enrolled - 1350 - LRB099 16003 AMC 40320 b
1		subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
2		Section 12-3.05, heinous battery as described in
3		Section 12-4.1 or subdivision (a)(2) of Section
4		12-3.05, being an armed habitual criminal, aggravated
5		battery of a senior citizen as described in Section
6		12-4.6 or subdivision (a)(4) of Section 12-3.05, or
7		aggravated battery of a child as described in Section
8		12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
9		receive no more than 4.5 days of sentence credit for
10		each month of his or her sentence of imprisonment;
11		(iii) that a prisoner serving a sentence for home
12		invasion, armed robbery, aggravated vehicular
13		hijacking, aggravated discharge of a firearm, or armed
14		violence with a category I weapon or category II
15		weapon, when the court has made and entered a finding,
16		pursuant to subsection (c-1) of Section 5-4-1 of this
17		Code, that the conduct leading to conviction for the
18		enumerated offense resulted in great bodily harm to a
19		victim, shall receive no more than 4.5 days of sentence
20		credit for each month of his or her sentence of
21		imprisonment;
22		(iv) that a prisoner serving a sentence for
23		aggravated discharge of a firearm, whether or not the
24		conduct leading to conviction for the offense resulted
25		in great bodily harm to the victim, shall receive no
26		more than 4.5 days of sentence credit for each month of

HB5540 Enrolled - 1351 - LRB099 16003 AMC 40320 b
1		his or her sentence of imprisonment;
2		(v) that a person serving a sentence for
3		gunrunning, narcotics racketeering, controlled
4		substance trafficking, methamphetamine trafficking,
5		drug-induced homicide, aggravated
6		methamphetamine-related child endangerment, money
7		laundering pursuant to clause (c) (4) or (5) of Section
8		29B-1 of the Criminal Code of 1961 or the Criminal Code
9		of 2012, or a Class X felony conviction for delivery of
10		a controlled substance, possession of a controlled
11		substance with intent to manufacture or deliver,
12		calculated criminal drug conspiracy, criminal drug
13		conspiracy, street gang criminal drug conspiracy,
14		participation in methamphetamine manufacturing,
15		aggravated participation in methamphetamine
16		manufacturing, delivery of methamphetamine, possession
17		with intent to deliver methamphetamine, aggravated
18		delivery of methamphetamine, aggravated possession
19		with intent to deliver methamphetamine,
20		methamphetamine conspiracy when the substance
21		containing the controlled substance or methamphetamine
22		is 100 grams or more shall receive no more than 7.5
23		days sentence credit for each month of his or her
24		sentence of imprisonment;
25		(vi) that a prisoner serving a sentence for a
26		second or subsequent offense of luring a minor shall

HB5540 Enrolled - 1352 - LRB099 16003 AMC 40320 b
1		receive no more than 4.5 days of sentence credit for
2		each month of his or her sentence of imprisonment; and
3		(vii) that a prisoner serving a sentence for
4		aggravated domestic battery shall receive no more than
5		4.5 days of sentence credit for each month of his or
6		her sentence of imprisonment.
7		(2.1) For all offenses, other than those enumerated in
8		subdivision (a)(2)(i), (ii), or (iii) committed on or after
9		June 19, 1998 or subdivision (a)(2)(iv) committed on or
10		after June 23, 2005 (the effective date of Public Act
11		94-71) or subdivision (a)(2)(v) committed on or after
12		August 13, 2007 (the effective date of Public Act 95-134)
13		or subdivision (a)(2)(vi) committed on or after June 1,
14		2008 (the effective date of Public Act 95-625) or
15		subdivision (a)(2)(vii) committed on or after July 23, 2010
16		(the effective date of Public Act 96-1224), and other than
17		the offense of aggravated driving under the influence of
18		alcohol, other drug or drugs, or intoxicating compound or
19		compounds, or any combination thereof as defined in
20		subparagraph (F) of paragraph (1) of subsection (d) of
21		Section 11-501 of the Illinois Vehicle Code, and other than
22		the offense of aggravated driving under the influence of
23		alcohol, other drug or drugs, or intoxicating compound or
24		compounds, or any combination thereof as defined in
25		subparagraph (C) of paragraph (1) of subsection (d) of
26		Section 11-501 of the Illinois Vehicle Code committed on or

HB5540 Enrolled - 1353 - LRB099 16003 AMC 40320 b
1		after January 1, 2011 (the effective date of Public Act
2		96-1230), the rules and regulations shall provide that a
3		prisoner who is serving a term of imprisonment shall
4		receive one day of sentence credit for each day of his or
5		her sentence of imprisonment or recommitment under Section
6		3-3-9. Each day of sentence credit shall reduce by one day
7		the prisoner's period of imprisonment or recommitment
8		under Section 3-3-9.
9		(2.2) A prisoner serving a term of natural life
10		imprisonment or a prisoner who has been sentenced to death
11		shall receive no sentence credit.
12		(2.3) The rules and regulations on sentence credit
13		shall provide that a prisoner who is serving a sentence for
14		aggravated driving under the influence of alcohol, other
15		drug or drugs, or intoxicating compound or compounds, or
16		any combination thereof as defined in subparagraph (F) of
17		paragraph (1) of subsection (d) of Section 11-501 of the
18		Illinois Vehicle Code, shall receive no more than 4.5 days
19		of sentence credit for each month of his or her sentence of
20		imprisonment.
21		(2.4) The rules and regulations on sentence credit
22		shall provide with respect to the offenses of aggravated
23		battery with a machine gun or a firearm equipped with any
24		device or attachment designed or used for silencing the
25		report of a firearm or aggravated discharge of a machine
26		gun or a firearm equipped with any device or attachment

HB5540 Enrolled - 1354 - LRB099 16003 AMC 40320 b
1		designed or used for silencing the report of a firearm,
2		committed on or after July 15, 1999 (the effective date of
3		Public Act 91-121), that a prisoner serving a sentence for
4		any of these offenses shall receive no more than 4.5 days
5		of sentence credit for each month of his or her sentence of
6		imprisonment.
7		(2.5) The rules and regulations on sentence credit
8		shall provide that a prisoner who is serving a sentence for
9		aggravated arson committed on or after July 27, 2001 (the
10		effective date of Public Act 92-176) shall receive no more
11		than 4.5 days of sentence credit for each month of his or
12		her sentence of imprisonment.
13		(2.6) The rules and regulations on sentence credit
14		shall provide that a prisoner who is serving a sentence for
15		aggravated driving under the influence of alcohol, other
16		drug or drugs, or intoxicating compound or compounds or any
17		combination thereof as defined in subparagraph (C) of
18		paragraph (1) of subsection (d) of Section 11-501 of the
19		Illinois Vehicle Code committed on or after January 1, 2011
20		(the effective date of Public Act 96-1230) shall receive no
21		more than 4.5 days of sentence credit for each month of his
22		or her sentence of imprisonment.
23		(3) The rules and regulations shall also provide that
24		the Director may award up to 180 days additional sentence
25		credit for good conduct in specific instances as the
26		Director deems proper. The good conduct may include, but is

HB5540 Enrolled - 1355 - LRB099 16003 AMC 40320 b
1		not limited to, compliance with the rules and regulations
2		of the Department, service to the Department, service to a
3		community, or service to the State. However, the Director
4		shall not award more than 90 days of sentence credit for
5		good conduct to any prisoner who is serving a sentence for
6		conviction of first degree murder, reckless homicide while
7		under the influence of alcohol or any other drug, or
8		aggravated driving under the influence of alcohol, other
9		drug or drugs, or intoxicating compound or compounds, or
10		any combination thereof as defined in subparagraph (F) of
11		paragraph (1) of subsection (d) of Section 11-501 of the
12		Illinois Vehicle Code, aggravated kidnapping, kidnapping,
13		predatory criminal sexual assault of a child, aggravated
14		criminal sexual assault, criminal sexual assault, deviate
15		sexual assault, aggravated criminal sexual abuse,
16		aggravated indecent liberties with a child, indecent
17		liberties with a child, child pornography, heinous battery
18		as described in Section 12-4.1 or subdivision (a)(2) of
19		Section 12-3.05, aggravated battery of a spouse,
20		aggravated battery of a spouse with a firearm, stalking,
21		aggravated stalking, aggravated battery of a child as
22		described in Section 12-4.3 or subdivision (b)(1) of
23		Section 12-3.05, endangering the life or health of a child,
24		or cruelty to a child. Notwithstanding the foregoing,
25		sentence credit for good conduct shall not be awarded on a
26		sentence of imprisonment imposed for conviction of: (i) one

HB5540 Enrolled - 1356 - LRB099 16003 AMC 40320 b
1		of the offenses enumerated in subdivision (a)(2)(i), (ii),
2		or (iii) when the offense is committed on or after June 19,
3		1998 or subdivision (a)(2)(iv) when the offense is
4		committed on or after June 23, 2005 (the effective date of
5		Public Act 94-71) or subdivision (a)(2)(v) when the offense
6		is committed on or after August 13, 2007 (the effective
7		date of Public Act 95-134) or subdivision (a)(2)(vi) when
8		the offense is committed on or after June 1, 2008 (the
9		effective date of Public Act 95-625) or subdivision
10		(a)(2)(vii) when the offense is committed on or after July
11		23, 2010 (the effective date of Public Act 96-1224), (ii)
12		aggravated driving under the influence of alcohol, other
13		drug or drugs, or intoxicating compound or compounds, or
14		any combination thereof as defined in subparagraph (F) of
15		paragraph (1) of subsection (d) of Section 11-501 of the
16		Illinois Vehicle Code, (iii) one of the offenses enumerated
17		in subdivision (a)(2.4) when the offense is committed on or
18		after July 15, 1999 (the effective date of Public Act
19		91-121), (iv) aggravated arson when the offense is
20		committed on or after July 27, 2001 (the effective date of
21		Public Act 92-176), (v) offenses that may subject the
22		offender to commitment under the Sexually Violent Persons
23		Commitment Act, or (vi) aggravated driving under the
24		influence of alcohol, other drug or drugs, or intoxicating
25		compound or compounds or any combination thereof as defined
26		in subparagraph (C) of paragraph (1) of subsection (d) of

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1		Section 11-501 of the Illinois Vehicle Code committed on or
2		after January 1, 2011 (the effective date of Public Act
3		96-1230).
4		Eligible inmates for an award of sentence credit under this
5		paragraph (3) may be selected to receive the credit at the
6		Director's or his or her designee's sole discretion.
7		Consideration may be based on, but not limited to, any
8		available risk assessment analysis on the inmate, any history
9		of conviction for violent crimes as defined by the Rights of
10		Crime Victims and Witnesses Act, facts and circumstances of the
11		inmate's holding offense or offenses, and the potential for
12		rehabilitation.
13		The Director shall not award sentence credit under this
14		paragraph (3) to an inmate unless the inmate has served a
15		minimum of 60 days of the sentence; except nothing in this
16		paragraph shall be construed to permit the Director to extend
17		an inmate's sentence beyond that which was imposed by the
18		court. Prior to awarding credit under this paragraph (3), the
19		Director shall make a written determination that the inmate:
20		(A) is eligible for the sentence credit;
21		(B) has served a minimum of 60 days, or as close to
22		60 days as the sentence will allow; and
23		(C) has met the eligibility criteria established
24		by rule.
25		The Director shall determine the form and content of
26		the written determination required in this subsection.

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1		(3.5) The Department shall provide annual written
2		reports to the Governor and the General Assembly on the
3		award of sentence credit for good conduct, with the first
4		report due January 1, 2014. The Department must publish
5		both reports on its website within 48 hours of transmitting
6		the reports to the Governor and the General Assembly. The
7		reports must include:
8		(A) the number of inmates awarded sentence credit
9		for good conduct;
10		(B) the average amount of sentence credit for good
11		conduct awarded;
12		(C) the holding offenses of inmates awarded
13		sentence credit for good conduct; and
14		(D) the number of sentence credit for good conduct
15		revocations.
16		(4) The rules and regulations shall also provide that
17		the sentence credit accumulated and retained under
18		paragraph (2.1) of subsection (a) of this Section by any
19		inmate during specific periods of time in which such inmate
20		is engaged full-time in substance abuse programs,
21		correctional industry assignments, educational programs,
22		behavior modification programs, life skills courses, or
23		re-entry planning provided by the Department under this
24		paragraph (4) and satisfactorily completes the assigned
25		program as determined by the standards of the Department,
26		shall be multiplied by a factor of 1.25 for program

HB5540 Enrolled - 1359 - LRB099 16003 AMC 40320 b
1		participation before August 11, 1993 and 1.50 for program
2		participation on or after that date. The rules and
3		regulations shall also provide that sentence credit,
4		subject to the same offense limits and multiplier provided
5		in this paragraph, may be provided to an inmate who was
6		held in pre-trial detention prior to his or her current
7		commitment to the Department of Corrections and
8		successfully completed a full-time, 60-day or longer
9		substance abuse program, educational program, behavior
10		modification program, life skills course, or re-entry
11		planning provided by the county department of corrections
12		or county jail. Calculation of this county program credit
13		shall be done at sentencing as provided in Section
14		5-4.5-100 of this Code and shall be included in the
15		sentencing order. However, no inmate shall be eligible for
16		the additional sentence credit under this paragraph (4) or
17		(4.1) of this subsection (a) while assigned to a boot camp
18		or electronic detention, or if convicted of an offense
19		enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
20		Section that is committed on or after June 19, 1998 or
21		subdivision (a)(2)(iv) of this Section that is committed on
22		or after June 23, 2005 (the effective date of Public Act
23		94-71) or subdivision (a)(2)(v) of this Section that is
24		committed on or after August 13, 2007 (the effective date
25		of Public Act 95-134) or subdivision (a)(2)(vi) when the
26		offense is committed on or after June 1, 2008 (the

HB5540 Enrolled - 1360 - LRB099 16003 AMC 40320 b
1		effective date of Public Act 95-625) or subdivision
2		(a)(2)(vii) when the offense is committed on or after July
3		23, 2010 (the effective date of Public Act 96-1224), or if
4		convicted of aggravated driving under the influence of
5		alcohol, other drug or drugs, or intoxicating compound or
6		compounds or any combination thereof as defined in
7		subparagraph (F) of paragraph (1) of subsection (d) of
8		Section 11-501 of the Illinois Vehicle Code, or if
9		convicted of aggravated driving under the influence of
10		alcohol, other drug or drugs, or intoxicating compound or
11		compounds or any combination thereof as defined in
12		subparagraph (C) of paragraph (1) of subsection (d) of
13		Section 11-501 of the Illinois Vehicle Code committed on or
14		after January 1, 2011 (the effective date of Public Act
15		96-1230), or if convicted of an offense enumerated in
16		paragraph (a)(2.4) of this Section that is committed on or
17		after July 15, 1999 (the effective date of Public Act
18		91-121), or first degree murder, a Class X felony, criminal
19		sexual assault, felony criminal sexual abuse, aggravated
20		criminal sexual abuse, aggravated battery with a firearm as
21		described in Section 12-4.2 or subdivision (e)(1), (e)(2),
22		(e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
23		successor offenses with the same or substantially the same
24		elements, or any inchoate offenses relating to the
25		foregoing offenses. No inmate shall be eligible for the
26		additional good conduct credit under this paragraph (4) who

HB5540 Enrolled - 1361 - LRB099 16003 AMC 40320 b
1		(i) has previously received increased good conduct credit
2		under this paragraph (4) and has subsequently been
3		convicted of a felony, or (ii) has previously served more
4		than one prior sentence of imprisonment for a felony in an
5		adult correctional facility.
6		Educational, vocational, substance abuse, behavior
7		modification programs, life skills courses, re-entry
8		planning, and correctional industry programs under which
9		sentence credit may be increased under this paragraph (4)
10		and paragraph (4.1) of this subsection (a) shall be
11		evaluated by the Department on the basis of documented
12		standards. The Department shall report the results of these
13		evaluations to the Governor and the General Assembly by
14		September 30th of each year. The reports shall include data
15		relating to the recidivism rate among program
16		participants.
17		Availability of these programs shall be subject to the
18		limits of fiscal resources appropriated by the General
19		Assembly for these purposes. Eligible inmates who are
20		denied immediate admission shall be placed on a waiting
21		list under criteria established by the Department. The
22		inability of any inmate to become engaged in any such
23		programs by reason of insufficient program resources or for
24		any other reason established under the rules and
25		regulations of the Department shall not be deemed a cause
26		of action under which the Department or any employee or

HB5540 Enrolled - 1362 - LRB099 16003 AMC 40320 b
1		agent of the Department shall be liable for damages to the
2		inmate.
3		(4.1) The rules and regulations shall also provide that
4		an additional 90 days of sentence credit shall be awarded
5		to any prisoner who passes high school equivalency testing
6		while the prisoner is committed to the Department of
7		Corrections. The sentence credit awarded under this
8		paragraph (4.1) shall be in addition to, and shall not
9		affect, the award of sentence credit under any other
10		paragraph of this Section, but shall also be pursuant to
11		the guidelines and restrictions set forth in paragraph (4)
12		of subsection (a) of this Section. The sentence credit
13		provided for in this paragraph shall be available only to
14		those prisoners who have not previously earned a high
15		school diploma or a high school equivalency certificate.
16		If, after an award of the high school equivalency testing
17		sentence credit has been made, the Department determines
18		that the prisoner was not eligible, then the award shall be
19		revoked. The Department may also award 90 days of sentence
20		credit to any committed person who passed high school
21		equivalency testing while he or she was held in pre-trial
22		detention prior to the current commitment to the Department
23		of Corrections.
24		(4.5) The rules and regulations on sentence credit
25		shall also provide that when the court's sentencing order
26		recommends a prisoner for substance abuse treatment and the

HB5540 Enrolled - 1363 - LRB099 16003 AMC 40320 b
1		crime was committed on or after September 1, 2003 (the
2		effective date of Public Act 93-354), the prisoner shall
3		receive no sentence credit awarded under clause (3) of this
4		subsection (a) unless he or she participates in and
5		completes a substance abuse treatment program. The
6		Director may waive the requirement to participate in or
7		complete a substance abuse treatment program and award the
8		sentence credit in specific instances if the prisoner is
9		not a good candidate for a substance abuse treatment
10		program for medical, programming, or operational reasons.
11		Availability of substance abuse treatment shall be subject
12		to the limits of fiscal resources appropriated by the
13		General Assembly for these purposes. If treatment is not
14		available and the requirement to participate and complete
15		the treatment has not been waived by the Director, the
16		prisoner shall be placed on a waiting list under criteria
17		established by the Department. The Director may allow a
18		prisoner placed on a waiting list to participate in and
19		complete a substance abuse education class or attend
20		substance abuse self-help meetings in lieu of a substance
21		abuse treatment program. A prisoner on a waiting list who
22		is not placed in a substance abuse program prior to release
23		may be eligible for a waiver and receive sentence credit
24		under clause (3) of this subsection (a) at the discretion
25		of the Director.
26		(4.6) The rules and regulations on sentence credit

HB5540 Enrolled - 1364 - LRB099 16003 AMC 40320 b
1		shall also provide that a prisoner who has been convicted
2		of a sex offense as defined in Section 2 of the Sex
3		Offender Registration Act shall receive no sentence credit
4		unless he or she either has successfully completed or is
5		participating in sex offender treatment as defined by the
6		Sex Offender Management Board. However, prisoners who are
7		waiting to receive treatment, but who are unable to do so
8		due solely to the lack of resources on the part of the
9		Department, may, at the Director's sole discretion, be
10		awarded sentence credit at a rate as the Director shall
11		determine.
12		(5) Whenever the Department is to release any inmate
13		earlier than it otherwise would because of a grant of
14		sentence credit for good conduct under paragraph (3) of
15		subsection (a) of this Section given at any time during the
16		term, the Department shall give reasonable notice of the
17		impending release not less than 14 days prior to the date
18		of the release to the State's Attorney of the county where
19		the prosecution of the inmate took place, and if
20		applicable, the State's Attorney of the county into which
21		the inmate will be released. The Department must also make
22		identification information and a recent photo of the inmate
23		being released accessible on the Internet by means of a
24		hyperlink labeled "Community Notification of Inmate Early
25		Release" on the Department's World Wide Web homepage. The
26		identification information shall include the inmate's:

HB5540 Enrolled - 1365 - LRB099 16003 AMC 40320 b
1		name, any known alias, date of birth, physical
2		characteristics, commitment offense and county where
3		conviction was imposed. The identification information
4		shall be placed on the website within 3 days of the
5		inmate's release and the information may not be removed
6		until either: completion of the first year of mandatory
7		supervised release or return of the inmate to custody of
8		the Department.
9		(b) Whenever a person is or has been committed under
10		several convictions, with separate sentences, the sentences
11		shall be construed under Section 5-8-4 in granting and
12		forfeiting of sentence credit.
13		(c) The Department shall prescribe rules and regulations
14		for revoking sentence credit, including revoking sentence
15		credit awarded for good conduct under paragraph (3) of
16		subsection (a) of this Section. The Department shall prescribe
17		rules and regulations for suspending or reducing the rate of
18		accumulation of sentence credit for specific rule violations,
19		during imprisonment. These rules and regulations shall provide
20		that no inmate may be penalized more than one year of sentence
21		credit for any one infraction.
22		When the Department seeks to revoke, suspend or reduce the
23		rate of accumulation of any sentence credits for an alleged
24		infraction of its rules, it shall bring charges therefor
25		against the prisoner sought to be so deprived of sentence
26		credits before the Prisoner Review Board as provided in

HB5540 Enrolled - 1366 - LRB099 16003 AMC 40320 b
1		subparagraph (a)(4) of Section 3-3-2 of this Code, if the
2		amount of credit at issue exceeds 30 days or when during any 12
3		month period, the cumulative amount of credit revoked exceeds
4		30 days except where the infraction is committed or discovered
5		within 60 days of scheduled release. In those cases, the
6		Department of Corrections may revoke up to 30 days of sentence
7		credit. The Board may subsequently approve the revocation of
8		additional sentence credit, if the Department seeks to revoke
9		sentence credit in excess of 30 days. However, the Board shall
10		not be empowered to review the Department's decision with
11		respect to the loss of 30 days of sentence credit within any
12		calendar year for any prisoner or to increase any penalty
13		beyond the length requested by the Department.
14		The Director of the Department of Corrections, in
15		appropriate cases, may restore up to 30 days of sentence
16		credits which have been revoked, suspended or reduced. Any
17		restoration of sentence credits in excess of 30 days shall be
18		subject to review by the Prisoner Review Board. However, the
19		Board may not restore sentence credit in excess of the amount
20		requested by the Director.
21		Nothing contained in this Section shall prohibit the
22		Prisoner Review Board from ordering, pursuant to Section
23		3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
24		sentence imposed by the court that was not served due to the
25		accumulation of sentence credit.
26		(d) If a lawsuit is filed by a prisoner in an Illinois or

HB5540 Enrolled - 1367 - LRB099 16003 AMC 40320 b
1		federal court against the State, the Department of Corrections,
2		or the Prisoner Review Board, or against any of their officers
3		or employees, and the court makes a specific finding that a
4		pleading, motion, or other paper filed by the prisoner is
5		frivolous, the Department of Corrections shall conduct a
6		hearing to revoke up to 180 days of sentence credit by bringing
7		charges against the prisoner sought to be deprived of the
8		sentence credits before the Prisoner Review Board as provided
9		in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
10		prisoner has not accumulated 180 days of sentence credit at the
11		time of the finding, then the Prisoner Review Board may revoke
12		all sentence credit accumulated by the prisoner.
13		For purposes of this subsection (d):
14		(1) "Frivolous" means that a pleading, motion, or other
15		filing which purports to be a legal document filed by a
16		prisoner in his or her lawsuit meets any or all of the
17		following criteria:
18		(A) it lacks an arguable basis either in law or in
19		fact;
20		(B) it is being presented for any improper purpose,
21		such as to harass or to cause unnecessary delay or
22		needless increase in the cost of litigation;
23		(C) the claims, defenses, and other legal
24		contentions therein are not warranted by existing law
25		or by a nonfrivolous argument for the extension,
26		modification, or reversal of existing law or the

HB5540 Enrolled - 1368 - LRB099 16003 AMC 40320 b
1		establishment of new law;
2		(D) the allegations and other factual contentions
3		do not have evidentiary support or, if specifically so
4		identified, are not likely to have evidentiary support
5		after a reasonable opportunity for further
6		investigation or discovery; or
7		(E) the denials of factual contentions are not
8		warranted on the evidence, or if specifically so
9		identified, are not reasonably based on a lack of
10		information or belief.
11		(2) "Lawsuit" means a motion pursuant to Section 116-3
12		of the Code of Criminal Procedure of 1963, a habeas corpus
13		action under Article X of the Code of Civil Procedure or
14		under federal law (28 U.S.C. 2254), a petition for claim
15		under the Court of Claims Act, an action under the federal
16		Civil Rights Act (42 U.S.C. 1983), or a second or
17		subsequent petition for post-conviction relief under
18		Article 122 of the Code of Criminal Procedure of 1963
19		whether filed with or without leave of court or a second or
20		subsequent petition for relief from judgment under Section
21		2-1401 of the Code of Civil Procedure.
22		(e) Nothing in Public Act 90-592 or 90-593 affects the
23		validity of Public Act 89-404.
24		(f) Whenever the Department is to release any inmate who
25		has been convicted of a violation of an order of protection
26		under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

HB5540 Enrolled - 1369 - LRB099 16003 AMC 40320 b
1		the Criminal Code of 2012, earlier than it otherwise would
2		because of a grant of sentence credit, the Department, as a
3		condition of release, shall require that the person, upon
4		release, be placed under electronic surveillance as provided in
5		Section 5-8A-7 of this Code.
6		(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
7		eff. 1-1-16; revised 10-19-15.)
8		(730 ILCS 5/5-4-3b)
9		Sec. 5-4-3b. Electronic Laboratory Information Management
10		System.
11		(a) The Department of State Police shall obtain, implement,
12		and maintain an Electronic Laboratory Information Management
13		System (LIMS), to efficiently and effectively track all
14		evidence submitted for forensic testing. At a minimum, the LIMS
15		shall record:
16		(1) the criminal offense or suspected criminal offense
17		for which the evidence is being submitted;
18		(2) the law enforcement agency submitting the
19		evidence;
20		(3) the name of the victim;
21		(4) the law enforcement agency case number;
22		(5) the State Police Laboratory case number;
23		(6) the date the evidence was received by the State
24		Police Laboratory;
25		(7) if the State Police Laboratory sent the evidence

HB5540 Enrolled - 1370 - LRB099 16003 AMC 40320 b
1		for analysis to another designated laboratory, the name of
2		the laboratory and the date the evidence was sent to that
3		laboratory; and
4		(8) the date and description of any results or
5		information regarding the analysis sent to the submitting
6		law enforcement agency by the State Police Laboratory or
7		any other designated laboratory.
8		The LIMS shall also link multiple forensic evidence
9		submissions pertaining to a single criminal investigation such
10		that evidence submitted to confirm a previously reported
11		Combined DNA Index System (CODIS) hit in a State or federal
12		database can be linked to the initial evidence submission. The
13		LIMS shall be such that the system provides ease of
14		interoperability with law enforcement agencies for evidence
15		submission and reporting, as well as supports expansion
16		capabilities for future internal networking and laboratory
17		operations.
18		(b) The Department of State Police, in consultation with
19		and subject to the approval of the Chief Procurement Officer,
20		may procure a single contract or multiple contracts to
21		implement the provisions of this Section. A contract or
22		contracts under this subsection are not subject to the
23		provisions of the Illinois Procurement Code, except for
24		Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that
25		Code, provided that the Chief Procurement Officer may, in
26		writing with justification, waive any certification required

HB5540 Enrolled - 1371 - LRB099 16003 AMC 40320 b
1		under Article 50 of the Illinois Procurement Code. This
2		exemption is inoperative 2 years from January 1, 2016 (the
3		effective date of Public Act 99-352) this amendatory Act of the
4		99th General Assembly.
5		(Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)
6		(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
7		Sec. 5-5-3.1. Factors in Mitigation.
8		(a) The following grounds shall be accorded weight in favor
9		of withholding or minimizing a sentence of imprisonment:
10		(1) The defendant's criminal conduct neither caused
11		nor threatened serious physical harm to another.
12		(2) The defendant did not contemplate that his criminal
13		conduct would cause or threaten serious physical harm to
14		another.
15		(3) The defendant acted under a strong provocation.
16		(4) There were substantial grounds tending to excuse or
17		justify the defendant's criminal conduct, though failing
18		to establish a defense.
19		(5) The defendant's criminal conduct was induced or
20		facilitated by someone other than the defendant.
21		(6) The defendant has compensated or will compensate
22		the victim of his criminal conduct for the damage or injury
23		that he sustained.
24		(7) The defendant has no history of prior delinquency
25		or criminal activity or has led a law-abiding life for a

HB5540 Enrolled - 1372 - LRB099 16003 AMC 40320 b
1		substantial period of time before the commission of the
2		present crime.
3		(8) The defendant's criminal conduct was the result of
4		circumstances unlikely to recur.
5		(9) The character and attitudes of the defendant
6		indicate that he is unlikely to commit another crime.
7		(10) The defendant is particularly likely to comply
8		with the terms of a period of probation.
9		(11) The imprisonment of the defendant would entail
10		excessive hardship to his dependents.
11		(12) The imprisonment of the defendant would endanger
12		his or her medical condition.
13		(13) The defendant was a person with an intellectual
14		disability as defined in Section 5-1-13 of this Code.
15		(14) The defendant sought or obtained emergency
16		medical assistance for an overdose and was convicted of a
17		Class 3 felony or higher possession, manufacture, or
18		delivery of a controlled, counterfeit, or look-alike
19		substance or a controlled substance analog under the
20		Illinois Controlled Substances Act or a Class 2 felony or
21		higher possession, manufacture or delivery of
22		methamphetamine under the Methamphetamine Control and
23		Community Protection Act.
24		(15) At the time of the offense, the defendant is or
25		had been the victim of domestic violence and the effects of
26		the domestic violence tended to excuse or justify the

HB5540 Enrolled - 1373 - LRB099 16003 AMC 40320 b
1		defendant's criminal conduct. As used in this paragraph
2		(15), "domestic violence" means abuse as defined in Section
3		103 of the Illinois Domestic Violence Act of 1986.
4		(b) If the court, having due regard for the character of
5		the offender, the nature and circumstances of the offense and
6		the public interest finds that a sentence of imprisonment is
7		the most appropriate disposition of the offender, or where
8		other provisions of this Code mandate the imprisonment of the
9		offender, the grounds listed in paragraph (a) of this
10		subsection shall be considered as factors in mitigation of the
11		term imposed.
12		(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15;
13		99-384, eff. 1-1-16; revised 10-16-15.)
14		(730 ILCS 5/5-5-3.2)
15		Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
16		Sentencing.
17		(a) The following factors shall be accorded weight in favor
18		of imposing a term of imprisonment or may be considered by the
19		court as reasons to impose a more severe sentence under Section
20		5-8-1 or Article 4.5 of Chapter V:
21		(1) the defendant's conduct caused or threatened
22		serious harm;
23		(2) the defendant received compensation for committing
24		the offense;
25		(3) the defendant has a history of prior delinquency or

HB5540 Enrolled - 1374 - LRB099 16003 AMC 40320 b
1		criminal activity;
2		(4) the defendant, by the duties of his office or by
3		his position, was obliged to prevent the particular offense
4		committed or to bring the offenders committing it to
5		justice;
6		(5) the defendant held public office at the time of the
7		offense, and the offense related to the conduct of that
8		office;
9		(6) the defendant utilized his professional reputation
10		or position in the community to commit the offense, or to
11		afford him an easier means of committing it;
12		(7) the sentence is necessary to deter others from
13		committing the same crime;
14		(8) the defendant committed the offense against a
15		person 60 years of age or older or such person's property;
16		(9) the defendant committed the offense against a
17		person who has a physical disability or such person's
18		property;
19		(10) by reason of another individual's actual or
20		perceived race, color, creed, religion, ancestry, gender,
21		sexual orientation, physical or mental disability, or
22		national origin, the defendant committed the offense
23		against (i) the person or property of that individual; (ii)
24		the person or property of a person who has an association
25		with, is married to, or has a friendship with the other
26		individual; or (iii) the person or property of a relative

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1		(by blood or marriage) of a person described in clause (i)
2		or (ii). For the purposes of this Section, "sexual
3		orientation" has the meaning ascribed to it in paragraph
4		(O-1) of Section 1-103 of the Illinois Human Rights Act;
5		(11) the offense took place in a place of worship or on
6		the grounds of a place of worship, immediately prior to,
7		during or immediately following worship services. For
8		purposes of this subparagraph, "place of worship" shall
9		mean any church, synagogue or other building, structure or
10		place used primarily for religious worship;
11		(12) the defendant was convicted of a felony committed
12		while he was released on bail or his own recognizance
13		pending trial for a prior felony and was convicted of such
14		prior felony, or the defendant was convicted of a felony
15		committed while he was serving a period of probation,
16		conditional discharge, or mandatory supervised release
17		under subsection (d) of Section 5-8-1 for a prior felony;
18		(13) the defendant committed or attempted to commit a
19		felony while he was wearing a bulletproof vest. For the
20		purposes of this paragraph (13), a bulletproof vest is any
21		device which is designed for the purpose of protecting the
22		wearer from bullets, shot or other lethal projectiles;
23		(14) the defendant held a position of trust or
24		supervision such as, but not limited to, family member as
25		defined in Section 11-0.1 of the Criminal Code of 2012,
26		teacher, scout leader, baby sitter, or day care worker, in

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1		relation to a victim under 18 years of age, and the
2		defendant committed an offense in violation of Section
3		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
4		11-14.4 except for an offense that involves keeping a place
5		of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
6		11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
7		or 12-16 of the Criminal Code of 1961 or the Criminal Code
8		of 2012 against that victim;
9		(15) the defendant committed an offense related to the
10		activities of an organized gang. For the purposes of this
11		factor, "organized gang" has the meaning ascribed to it in
12		Section 10 of the Streetgang Terrorism Omnibus Prevention
13		Act;
14		(16) the defendant committed an offense in violation of
15		one of the following Sections while in a school, regardless
16		of the time of day or time of year; on any conveyance
17		owned, leased, or contracted by a school to transport
18		students to or from school or a school related activity; on
19		the real property of a school; or on a public way within
20		1,000 feet of the real property comprising any school:
21		Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
22		11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
23		11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
24		12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
25		18-2, or 33A-2, or Section 12-3.05 except for subdivision
26		(a)(4) or (g)(1), of the Criminal Code of 1961 or the

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1		Criminal Code of 2012;
2		(16.5) the defendant committed an offense in violation
3		of one of the following Sections while in a day care
4		center, regardless of the time of day or time of year; on
5		the real property of a day care center, regardless of the
6		time of day or time of year; or on a public way within
7		1,000 feet of the real property comprising any day care
8		center, regardless of the time of day or time of year:
9		Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
10		11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11		11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12		12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
13		18-2, or 33A-2, or Section 12-3.05 except for subdivision
14		(a)(4) or (g)(1), of the Criminal Code of 1961 or the
15		Criminal Code of 2012;
16		(17) the defendant committed the offense by reason of
17		any person's activity as a community policing volunteer or
18		to prevent any person from engaging in activity as a
19		community policing volunteer. For the purpose of this
20		Section, "community policing volunteer" has the meaning
21		ascribed to it in Section 2-3.5 of the Criminal Code of
22		2012;
23		(18) the defendant committed the offense in a nursing
24		home or on the real property comprising a nursing home. For
25		the purposes of this paragraph (18), "nursing home" means a
26		skilled nursing or intermediate long term care facility

HB5540 Enrolled - 1378 - LRB099 16003 AMC 40320 b
1		that is subject to license by the Illinois Department of
2		Public Health under the Nursing Home Care Act, the
3		Specialized Mental Health Rehabilitation Act of 2013, the
4		ID/DD Community Care Act, or the MC/DD Act;
5		(19) the defendant was a federally licensed firearm
6		dealer and was previously convicted of a violation of
7		subsection (a) of Section 3 of the Firearm Owners
8		Identification Card Act and has now committed either a
9		felony violation of the Firearm Owners Identification Card
10		Act or an act of armed violence while armed with a firearm;
11		(20) the defendant (i) committed the offense of
12		reckless homicide under Section 9-3 of the Criminal Code of
13		1961 or the Criminal Code of 2012 or the offense of driving
14		under the influence of alcohol, other drug or drugs,
15		intoxicating compound or compounds or any combination
16		thereof under Section 11-501 of the Illinois Vehicle Code
17		or a similar provision of a local ordinance and (ii) was
18		operating a motor vehicle in excess of 20 miles per hour
19		over the posted speed limit as provided in Article VI of
20		Chapter 11 of the Illinois Vehicle Code;
21		(21) the defendant (i) committed the offense of
22		reckless driving or aggravated reckless driving under
23		Section 11-503 of the Illinois Vehicle Code and (ii) was
24		operating a motor vehicle in excess of 20 miles per hour
25		over the posted speed limit as provided in Article VI of
26		Chapter 11 of the Illinois Vehicle Code;

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1		(22) the defendant committed the offense against a
2		person that the defendant knew, or reasonably should have
3		known, was a member of the Armed Forces of the United
4		States serving on active duty. For purposes of this clause
5		(22), the term "Armed Forces" means any of the Armed Forces
6		of the United States, including a member of any reserve
7		component thereof or National Guard unit called to active
8		duty;
9		(23) the defendant committed the offense against a
10		person who was elderly or infirm or who was a person with a
11		disability by taking advantage of a family or fiduciary
12		relationship with the elderly or infirm person or person
13		with a disability;
14		(24) the defendant committed any offense under Section
15		11-20.1 of the Criminal Code of 1961 or the Criminal Code
16		of 2012 and possessed 100 or more images;
17		(25) the defendant committed the offense while the
18		defendant or the victim was in a train, bus, or other
19		vehicle used for public transportation;
20		(26) the defendant committed the offense of child
21		pornography or aggravated child pornography, specifically
22		including paragraph (1), (2), (3), (4), (5), or (7) of
23		subsection (a) of Section 11-20.1 of the Criminal Code of
24		1961 or the Criminal Code of 2012 where a child engaged in,
25		solicited for, depicted in, or posed in any act of sexual
26		penetration or bound, fettered, or subject to sadistic,

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1		masochistic, or sadomasochistic abuse in a sexual context
2		and specifically including paragraph (1), (2), (3), (4),
3		(5), or (7) of subsection (a) of Section 11-20.1B or
4		Section 11-20.3 of the Criminal Code of 1961 where a child
5		engaged in, solicited for, depicted in, or posed in any act
6		of sexual penetration or bound, fettered, or subject to
7		sadistic, masochistic, or sadomasochistic abuse in a
8		sexual context;
9		(27) the defendant committed the offense of first
10		degree murder, assault, aggravated assault, battery,
11		aggravated battery, robbery, armed robbery, or aggravated
12		robbery against a person who was a veteran and the
13		defendant knew, or reasonably should have known, that the
14		person was a veteran performing duties as a representative
15		of a veterans' organization. For the purposes of this
16		paragraph (27), "veteran" means an Illinois resident who
17		has served as a member of the United States Armed Forces, a
18		member of the Illinois National Guard, or a member of the
19		United States Reserve Forces; and "veterans' organization"
20		means an organization comprised of members of which
21		substantially all are individuals who are veterans or
22		spouses, widows, or widowers of veterans, the primary
23		purpose of which is to promote the welfare of its members
24		and to provide assistance to the general public in such a
25		way as to confer a public benefit;
26		(28) the defendant committed the offense of assault,

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1		aggravated assault, battery, aggravated battery, robbery,
2		armed robbery, or aggravated robbery against a person that
3		the defendant knew or reasonably should have known was a
4		letter carrier or postal worker while that person was
5		performing his or her duties delivering mail for the United
6		States Postal Service; or
7		(29) the defendant committed the offense of criminal
8		sexual assault, aggravated criminal sexual assault,
9		criminal sexual abuse, or aggravated criminal sexual abuse
10		against a victim with an intellectual disability, and the
11		defendant holds a position of trust, authority, or
12		supervision in relation to the victim; or
13		(30) (29) the defendant committed the offense of
14		promoting juvenile prostitution, patronizing a prostitute,
15		or patronizing a minor engaged in prostitution and at the
16		time of the commission of the offense knew that the
17		prostitute or minor engaged in prostitution was in the
18		custody or guardianship of the Department of Children and
19		Family Services.
20		For the purposes of this Section:
21		"School" is defined as a public or private elementary or
22		secondary school, community college, college, or university.
23		"Day care center" means a public or private State certified
24		and licensed day care center as defined in Section 2.09 of the
25		Child Care Act of 1969 that displays a sign in plain view
26		stating that the property is a day care center.

HB5540 Enrolled - 1382 - LRB099 16003 AMC 40320 b
1		"Intellectual disability" means significantly subaverage
2		intellectual functioning which exists concurrently with
3		impairment in adaptive behavior.
4		"Public transportation" means the transportation or
5		conveyance of persons by means available to the general public,
6		and includes paratransit services.
7		(b) The following factors, related to all felonies, may be
8		considered by the court as reasons to impose an extended term
9		sentence under Section 5-8-2 upon any offender:
10		(1) When a defendant is convicted of any felony, after
11		having been previously convicted in Illinois or any other
12		jurisdiction of the same or similar class felony or greater
13		class felony, when such conviction has occurred within 10
14		years after the previous conviction, excluding time spent
15		in custody, and such charges are separately brought and
16		tried and arise out of different series of acts; or
17		(2) When a defendant is convicted of any felony and the
18		court finds that the offense was accompanied by
19		exceptionally brutal or heinous behavior indicative of
20		wanton cruelty; or
21		(3) When a defendant is convicted of any felony
22		committed against:
23		(i) a person under 12 years of age at the time of
24		the offense or such person's property;
25		(ii) a person 60 years of age or older at the time
26		of the offense or such person's property; or

HB5540 Enrolled - 1383 - LRB099 16003 AMC 40320 b
1		(iii) a person who had a physical disability at the
2		time of the offense or such person's property; or
3		(4) When a defendant is convicted of any felony and the
4		offense involved any of the following types of specific
5		misconduct committed as part of a ceremony, rite,
6		initiation, observance, performance, practice or activity
7		of any actual or ostensible religious, fraternal, or social
8		group:
9		(i) the brutalizing or torturing of humans or
10		animals;
11		(ii) the theft of human corpses;
12		(iii) the kidnapping of humans;
13		(iv) the desecration of any cemetery, religious,
14		fraternal, business, governmental, educational, or
15		other building or property; or
16		(v) ritualized abuse of a child; or
17		(5) When a defendant is convicted of a felony other
18		than conspiracy and the court finds that the felony was
19		committed under an agreement with 2 or more other persons
20		to commit that offense and the defendant, with respect to
21		the other individuals, occupied a position of organizer,
22		supervisor, financier, or any other position of management
23		or leadership, and the court further finds that the felony
24		committed was related to or in furtherance of the criminal
25		activities of an organized gang or was motivated by the
26		defendant's leadership in an organized gang; or

HB5540 Enrolled - 1384 - LRB099 16003 AMC 40320 b
1		(6) When a defendant is convicted of an offense
2		committed while using a firearm with a laser sight attached
3		to it. For purposes of this paragraph, "laser sight" has
4		the meaning ascribed to it in Section 26-7 of the Criminal
5		Code of 2012; or
6		(7) When a defendant who was at least 17 years of age
7		at the time of the commission of the offense is convicted
8		of a felony and has been previously adjudicated a
9		delinquent minor under the Juvenile Court Act of 1987 for
10		an act that if committed by an adult would be a Class X or
11		Class 1 felony when the conviction has occurred within 10
12		years after the previous adjudication, excluding time
13		spent in custody; or
14		(8) When a defendant commits any felony and the
15		defendant used, possessed, exercised control over, or
16		otherwise directed an animal to assault a law enforcement
17		officer engaged in the execution of his or her official
18		duties or in furtherance of the criminal activities of an
19		organized gang in which the defendant is engaged; or
20		(9) When a defendant commits any felony and the
21		defendant knowingly video or audio records the offense with
22		the intent to disseminate the recording.
23		(c) The following factors may be considered by the court as
24		reasons to impose an extended term sentence under Section 5-8-2
25		(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
26		(1) When a defendant is convicted of first degree

HB5540 Enrolled - 1385 - LRB099 16003 AMC 40320 b
1		murder, after having been previously convicted in Illinois
2		of any offense listed under paragraph (c)(2) of Section
3		5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
4		within 10 years after the previous conviction, excluding
5		time spent in custody, and the charges are separately
6		brought and tried and arise out of different series of
7		acts.
8		(1.5) When a defendant is convicted of first degree
9		murder, after having been previously convicted of domestic
10		battery (720 ILCS 5/12-3.2) or aggravated domestic battery
11		(720 ILCS 5/12-3.3) committed on the same victim or after
12		having been previously convicted of violation of an order
13		of protection (720 ILCS 5/12-30) in which the same victim
14		was the protected person.
15		(2) When a defendant is convicted of voluntary
16		manslaughter, second degree murder, involuntary
17		manslaughter, or reckless homicide in which the defendant
18		has been convicted of causing the death of more than one
19		individual.
20		(3) When a defendant is convicted of aggravated
21		criminal sexual assault or criminal sexual assault, when
22		there is a finding that aggravated criminal sexual assault
23		or criminal sexual assault was also committed on the same
24		victim by one or more other individuals, and the defendant
25		voluntarily participated in the crime with the knowledge of
26		the participation of the others in the crime, and the

HB5540 Enrolled - 1386 - LRB099 16003 AMC 40320 b
1		commission of the crime was part of a single course of
2		conduct during which there was no substantial change in the
3		nature of the criminal objective.
4		(4) If the victim was under 18 years of age at the time
5		of the commission of the offense, when a defendant is
6		convicted of aggravated criminal sexual assault or
7		predatory criminal sexual assault of a child under
8		subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
9		of Section 12-14.1 of the Criminal Code of 1961 or the
10		Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
11		(5) When a defendant is convicted of a felony violation
12		of Section 24-1 of the Criminal Code of 1961 or the
13		Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
14		finding that the defendant is a member of an organized
15		gang.
16		(6) When a defendant was convicted of unlawful use of
17		weapons under Section 24-1 of the Criminal Code of 1961 or
18		the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
19		a weapon that is not readily distinguishable as one of the
20		weapons enumerated in Section 24-1 of the Criminal Code of
21		1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
22		(7) When a defendant is convicted of an offense
23		involving the illegal manufacture of a controlled
24		substance under Section 401 of the Illinois Controlled
25		Substances Act (720 ILCS 570/401), the illegal manufacture
26		of methamphetamine under Section 25 of the Methamphetamine

HB5540 Enrolled - 1387 - LRB099 16003 AMC 40320 b
1		Control and Community Protection Act (720 ILCS 646/25), or
2		the illegal possession of explosives and an emergency
3		response officer in the performance of his or her duties is
4		killed or injured at the scene of the offense while
5		responding to the emergency caused by the commission of the
6		offense. In this paragraph, "emergency" means a situation
7		in which a person's life, health, or safety is in jeopardy;
8		and "emergency response officer" means a peace officer,
9		community policing volunteer, fireman, emergency medical
10		technician-ambulance, emergency medical
11		technician-intermediate, emergency medical
12		technician-paramedic, ambulance driver, other medical
13		assistance or first aid personnel, or hospital emergency
14		room personnel.
15		(8) When the defendant is convicted of attempted mob
16		action, solicitation to commit mob action, or conspiracy to
17		commit mob action under Section 8-1, 8-2, or 8-4 of the
18		Criminal Code of 2012, where the criminal object is a
19		violation of Section 25-1 of the Criminal Code of 2012, and
20		an electronic communication is used in the commission of
21		the offense. For the purposes of this paragraph (8),
22		"electronic communication" shall have the meaning provided
23		in Section 26.5-0.1 of the Criminal Code of 2012.
24		(d) For the purposes of this Section, "organized gang" has
25		the meaning ascribed to it in Section 10 of the Illinois
26		Streetgang Terrorism Omnibus Prevention Act.

HB5540 Enrolled - 1388 - LRB099 16003 AMC 40320 b
1		(e) The court may impose an extended term sentence under
2		Article 4.5 of Chapter V upon an offender who has been
3		convicted of a felony violation of Section 11-1.20, 11-1.30,
4		11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
5		12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
6		when the victim of the offense is under 18 years of age at the
7		time of the commission of the offense and, during the
8		commission of the offense, the victim was under the influence
9		of alcohol, regardless of whether or not the alcohol was
10		supplied by the offender; and the offender, at the time of the
11		commission of the offense, knew or should have known that the
12		victim had consumed alcohol.
13		(Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385,
14		eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143,
15		eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16;
16		99-347, eff. 1-1-16; revised 10-19-15.)
17		(730 ILCS 5/5-5.5-5)
18		Sec. 5-5.5-5. Definition Definitions and rules of
19		construction. In this Article, "eligible : "Eligible offender"
20		means a person who has been convicted of a crime in this State
21		or of an offense in any other jurisdiction that does not
22		include any offense or attempted offense that would subject a
23		person to registration under the Sex Offender Registration Act,
24		the Arsonist Registration Act, or the Murderer and Violent
25		Offender Against Youth Registration Act. "Eligible offender"

HB5540 Enrolled - 1389 - LRB099 16003 AMC 40320 b
1		does not include a person who has been convicted of arson,
2		aggravated arson, kidnapping, aggravated kidnaping, aggravated
3		driving under the influence of alcohol, other drug or drugs, or
4		intoxicating compound or compounds, or any combination
5		thereof, or aggravated domestic battery.
6		(Source: P.A. 99-381, eff. 1-1-16; revised 10-19-15.)
7		(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
8		Sec. 5-6-3.1. Incidents and Conditions of Supervision.
9		(a) When a defendant is placed on supervision, the court
10		shall enter an order for supervision specifying the period of
11		such supervision, and shall defer further proceedings in the
12		case until the conclusion of the period.
13		(b) The period of supervision shall be reasonable under all
14		of the circumstances of the case, but may not be longer than 2
15		years, unless the defendant has failed to pay the assessment
16		required by Section 10.3 of the Cannabis Control Act, Section
17		411.2 of the Illinois Controlled Substances Act, or Section 80
18		of the Methamphetamine Control and Community Protection Act, in
19		which case the court may extend supervision beyond 2 years.
20		Additionally, the court shall order the defendant to perform no
21		less than 30 hours of community service and not more than 120
22		hours of community service, if community service is available
23		in the jurisdiction and is funded and approved by the county
24		board where the offense was committed, when the offense (1) was
25		related to or in furtherance of the criminal activities of an

HB5540 Enrolled - 1390 - LRB099 16003 AMC 40320 b
1		organized gang or was motivated by the defendant's membership
2		in or allegiance to an organized gang; or (2) is a violation of
3		any Section of Article 24 of the Criminal Code of 1961 or the
4		Criminal Code of 2012 where a disposition of supervision is not
5		prohibited by Section 5-6-1 of this Code. The community service
6		shall include, but not be limited to, the cleanup and repair of
7		any damage caused by violation of Section 21-1.3 of the
8		Criminal Code of 1961 or the Criminal Code of 2012 and similar
9		damages to property located within the municipality or county
10		in which the violation occurred. Where possible and reasonable,
11		the community service should be performed in the offender's
12		neighborhood.
13		For the purposes of this Section, "organized gang" has the
14		meaning ascribed to it in Section 10 of the Illinois Streetgang
15		Terrorism Omnibus Prevention Act.
16		(c) The court may in addition to other reasonable
17		conditions relating to the nature of the offense or the
18		rehabilitation of the defendant as determined for each
19		defendant in the proper discretion of the court require that
20		the person:
21		(1) make a report to and appear in person before or
22		participate with the court or such courts, person, or
23		social service agency as directed by the court in the order
24		of supervision;
25		(2) pay a fine and costs;
26		(3) work or pursue a course of study or vocational

HB5540 Enrolled - 1391 - LRB099 16003 AMC 40320 b
1		training;
2		(4) undergo medical, psychological or psychiatric
3		treatment; or treatment for drug addiction or alcoholism;
4		(5) attend or reside in a facility established for the
5		instruction or residence of defendants on probation;
6		(6) support his dependents;
7		(7) refrain from possessing a firearm or other
8		dangerous weapon;
9		(8) and in addition, if a minor:
10		(i) reside with his parents or in a foster home;
11		(ii) attend school;
12		(iii) attend a non-residential program for youth;
13		(iv) contribute to his own support at home or in a
14		foster home; or
15		(v) with the consent of the superintendent of the
16		facility, attend an educational program at a facility
17		other than the school in which the offense was
18		committed if he or she is placed on supervision for a
19		crime of violence as defined in Section 2 of the Crime
20		Victims Compensation Act committed in a school, on the
21		real property comprising a school, or within 1,000 feet
22		of the real property comprising a school;
23		(9) make restitution or reparation in an amount not to
24		exceed actual loss or damage to property and pecuniary loss
25		or make restitution under Section 5-5-6 to a domestic
26		violence shelter. The court shall determine the amount and

HB5540 Enrolled - 1392 - LRB099 16003 AMC 40320 b
1		conditions of payment;
2		(10) perform some reasonable public or community
3		service;
4		(11) comply with the terms and conditions of an order
5		of protection issued by the court pursuant to the Illinois
6		Domestic Violence Act of 1986 or an order of protection
7		issued by the court of another state, tribe, or United
8		States territory. If the court has ordered the defendant to
9		make a report and appear in person under paragraph (1) of
10		this subsection, a copy of the order of protection shall be
11		transmitted to the person or agency so designated by the
12		court;
13		(12) reimburse any "local anti-crime program" as
14		defined in Section 7 of the Anti-Crime Advisory Council Act
15		for any reasonable expenses incurred by the program on the
16		offender's case, not to exceed the maximum amount of the
17		fine authorized for the offense for which the defendant was
18		sentenced;
19		(13) contribute a reasonable sum of money, not to
20		exceed the maximum amount of the fine authorized for the
21		offense for which the defendant was sentenced, (i) to a
22		"local anti-crime program", as defined in Section 7 of the
23		Anti-Crime Advisory Council Act, or (ii) for offenses under
24		the jurisdiction of the Department of Natural Resources, to
25		the fund established by the Department of Natural Resources
26		for the purchase of evidence for investigation purposes and

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1		to conduct investigations as outlined in Section 805-105 of
2		the Department of Natural Resources (Conservation) Law;
3		(14) refrain from entering into a designated
4		geographic area except upon such terms as the court finds
5		appropriate. Such terms may include consideration of the
6		purpose of the entry, the time of day, other persons
7		accompanying the defendant, and advance approval by a
8		probation officer;
9		(15) refrain from having any contact, directly or
10		indirectly, with certain specified persons or particular
11		types of person, including but not limited to members of
12		street gangs and drug users or dealers;
13		(16) refrain from having in his or her body the
14		presence of any illicit drug prohibited by the Cannabis
15		Control Act, the Illinois Controlled Substances Act, or the
16		Methamphetamine Control and Community Protection Act,
17		unless prescribed by a physician, and submit samples of his
18		or her blood or urine or both for tests to determine the
19		presence of any illicit drug;
20		(17) refrain from operating any motor vehicle not
21		equipped with an ignition interlock device as defined in
22		Section 1-129.1 of the Illinois Vehicle Code; under this
23		condition the court may allow a defendant who is not
24		self-employed to operate a vehicle owned by the defendant's
25		employer that is not equipped with an ignition interlock
26		device in the course and scope of the defendant's

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1		employment; and
2		(18) if placed on supervision for a sex offense as
3		defined in subsection (a-5) of Section 3-1-2 of this Code,
4		unless the offender is a parent or guardian of the person
5		under 18 years of age present in the home and no
6		non-familial minors are present, not participate in a
7		holiday event involving children under 18 years of age,
8		such as distributing candy or other items to children on
9		Halloween, wearing a Santa Claus costume on or preceding
10		Christmas, being employed as a department store Santa
11		Claus, or wearing an Easter Bunny costume on or preceding
12		Easter.
13		(c-5) If payment of restitution as ordered has not been
14		made, the victim shall file a petition notifying the sentencing
15		court, any other person to whom restitution is owed, and the
16		State's Attorney of the status of the ordered restitution
17		payments unpaid at least 90 days before the supervision
18		expiration date. If payment as ordered has not been made, the
19		court shall hold a review hearing prior to the expiration date,
20		unless the hearing is voluntarily waived by the defendant with
21		the knowledge that waiver may result in an extension of the
22		supervision period or in a revocation of supervision. If the
23		court does not extend supervision, it shall issue a judgment
24		for the unpaid restitution and direct the clerk of the circuit
25		court to file and enter the judgment in the judgment and lien
26		docket, without fee, unless it finds that the victim has

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1		recovered a judgment against the defendant for the amount
2		covered by the restitution order. If the court issues a
3		judgment for the unpaid restitution, the court shall send to
4		the defendant at his or her last known address written
5		notification that a civil judgment has been issued for the
6		unpaid restitution.
7		(d) The court shall defer entering any judgment on the
8		charges until the conclusion of the supervision.
9		(e) At the conclusion of the period of supervision, if the
10		court determines that the defendant has successfully complied
11		with all of the conditions of supervision, the court shall
12		discharge the defendant and enter a judgment dismissing the
13		charges.
14		(f) Discharge and dismissal upon a successful conclusion of
15		a disposition of supervision shall be deemed without
16		adjudication of guilt and shall not be termed a conviction for
17		purposes of disqualification or disabilities imposed by law
18		upon conviction of a crime. Two years after the discharge and
19		dismissal under this Section, unless the disposition of
20		supervision was for a violation of Sections 3-707, 3-708,
21		3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
22		similar provision of a local ordinance, or for a violation of
23		Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
24		or the Criminal Code of 2012, in which case it shall be 5 years
25		after discharge and dismissal, a person may have his record of
26		arrest sealed or expunged as may be provided by law. However,

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1		any defendant placed on supervision before January 1, 1980, may
2		move for sealing or expungement of his arrest record, as
3		provided by law, at any time after discharge and dismissal
4		under this Section. A person placed on supervision for a sexual
5		offense committed against a minor as defined in clause
6		(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
7		for a violation of Section 11-501 of the Illinois Vehicle Code
8		or a similar provision of a local ordinance shall not have his
9		or her record of arrest sealed or expunged.
10		(g) A defendant placed on supervision and who during the
11		period of supervision undergoes mandatory drug or alcohol
12		testing, or both, or is assigned to be placed on an approved
13		electronic monitoring device, shall be ordered to pay the costs
14		incidental to such mandatory drug or alcohol testing, or both,
15		and costs incidental to such approved electronic monitoring in
16		accordance with the defendant's ability to pay those costs. The
17		county board with the concurrence of the Chief Judge of the
18		judicial circuit in which the county is located shall establish
19		reasonable fees for the cost of maintenance, testing, and
20		incidental expenses related to the mandatory drug or alcohol
21		testing, or both, and all costs incidental to approved
22		electronic monitoring, of all defendants placed on
23		supervision. The concurrence of the Chief Judge shall be in the
24		form of an administrative order. The fees shall be collected by
25		the clerk of the circuit court. The clerk of the circuit court
26		shall pay all moneys collected from these fees to the county

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1		treasurer who shall use the moneys collected to defray the
2		costs of drug testing, alcohol testing, and electronic
3		monitoring. The county treasurer shall deposit the fees
4		collected in the county working cash fund under Section 6-27001
5		or Section 6-29002 of the Counties Code, as the case may be.
6		(h) A disposition of supervision is a final order for the
7		purposes of appeal.
8		(i) The court shall impose upon a defendant placed on
9		supervision after January 1, 1992 or to community service under
10		the supervision of a probation or court services department
11		after January 1, 2004, as a condition of supervision or
12		supervised community service, a fee of $50 for each month of
13		supervision or supervised community service ordered by the
14		court, unless after determining the inability of the person
15		placed on supervision or supervised community service to pay
16		the fee, the court assesses a lesser fee. The court may not
17		impose the fee on a minor who is made a ward of the State under
18		the Juvenile Court Act of 1987 while the minor is in placement.
19		The fee shall be imposed only upon a defendant who is actively
20		supervised by the probation and court services department. The
21		fee shall be collected by the clerk of the circuit court. The
22		clerk of the circuit court shall pay all monies collected from
23		this fee to the county treasurer for deposit in the probation
24		and court services fund pursuant to Section 15.1 of the
25		Probation and Probation Officers Act.
26		A circuit court may not impose a probation fee in excess of

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1		$25 per month unless the circuit court has adopted, by
2		administrative order issued by the chief judge, a standard
3		probation fee guide determining an offender's ability to pay.
4		Of the amount collected as a probation fee, not to exceed $5 of
5		that fee collected per month may be used to provide services to
6		crime victims and their families.
7		The Court may only waive probation fees based on an
8		offender's ability to pay. The probation department may
9		re-evaluate an offender's ability to pay every 6 months, and,
10		with the approval of the Director of Court Services or the
11		Chief Probation Officer, adjust the monthly fee amount. An
12		offender may elect to pay probation fees due in a lump sum. Any
13		offender that has been assigned to the supervision of a
14		probation department, or has been transferred either under
15		subsection (h) of this Section or under any interstate compact,
16		shall be required to pay probation fees to the department
17		supervising the offender, based on the offender's ability to
18		pay.
19		(j) All fines and costs imposed under this Section for any
20		violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
21		Code, or a similar provision of a local ordinance, and any
22		violation of the Child Passenger Protection Act, or a similar
23		provision of a local ordinance, shall be collected and
24		disbursed by the circuit clerk as provided under Section 27.5
25		of the Clerks of Courts Act.
26		(k) A defendant at least 17 years of age who is placed on

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1		supervision for a misdemeanor in a county of 3,000,000 or more
2		inhabitants and who has not been previously convicted of a
3		misdemeanor or felony may as a condition of his or her
4		supervision be required by the court to attend educational
5		courses designed to prepare the defendant for a high school
6		diploma and to work toward a high school diploma or to work
7		toward passing high school equivalency testing or to work
8		toward completing a vocational training program approved by the
9		court. The defendant placed on supervision must attend a public
10		institution of education to obtain the educational or
11		vocational training required by this subsection (k). The
12		defendant placed on supervision shall be required to pay for
13		the cost of the educational courses or high school equivalency
14		testing if a fee is charged for those courses or testing. The
15		court shall revoke the supervision of a person who wilfully
16		fails to comply with this subsection (k). The court shall
17		resentence the defendant upon revocation of supervision as
18		provided in Section 5-6-4. This subsection (k) does not apply
19		to a defendant who has a high school diploma or has
20		successfully passed high school equivalency testing. This
21		subsection (k) does not apply to a defendant who is determined
22		by the court to be developmentally disabled or otherwise
23		mentally incapable of completing the educational or vocational
24		program.
25		(l) The court shall require a defendant placed on
26		supervision for possession of a substance prohibited by the

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1		Cannabis Control Act, the Illinois Controlled Substances Act,
2		or the Methamphetamine Control and Community Protection Act
3		after a previous conviction or disposition of supervision for
4		possession of a substance prohibited by the Cannabis Control
5		Act, the Illinois Controlled Substances Act, or the
6		Methamphetamine Control and Community Protection Act or a
7		sentence of probation under Section 10 of the Cannabis Control
8		Act or Section 410 of the Illinois Controlled Substances Act
9		and after a finding by the court that the person is addicted,
10		to undergo treatment at a substance abuse program approved by
11		the court.
12		(m) The Secretary of State shall require anyone placed on
13		court supervision for a violation of Section 3-707 of the
14		Illinois Vehicle Code or a similar provision of a local
15		ordinance to give proof of his or her financial responsibility
16		as defined in Section 7-315 of the Illinois Vehicle Code. The
17		proof shall be maintained by the individual in a manner
18		satisfactory to the Secretary of State for a minimum period of
19		3 years after the date the proof is first filed. The proof
20		shall be limited to a single action per arrest and may not be
21		affected by any post-sentence disposition. The Secretary of
22		State shall suspend the driver's license of any person
23		determined by the Secretary to be in violation of this
24		subsection.
25		(n) Any offender placed on supervision for any offense that
26		the court or probation department has determined to be sexually

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1		motivated as defined in the Sex Offender Management Board Act
2		shall be required to refrain from any contact, directly or
3		indirectly, with any persons specified by the court and shall
4		be available for all evaluations and treatment programs
5		required by the court or the probation department.
6		(o) An offender placed on supervision for a sex offense as
7		defined in the Sex Offender Management Board Act shall refrain
8		from residing at the same address or in the same condominium
9		unit or apartment unit or in the same condominium complex or
10		apartment complex with another person he or she knows or
11		reasonably should know is a convicted sex offender or has been
12		placed on supervision for a sex offense. The provisions of this
13		subsection (o) do not apply to a person convicted of a sex
14		offense who is placed in a Department of Corrections licensed
15		transitional housing facility for sex offenders.
16		(p) An offender placed on supervision for an offense
17		committed on or after June 1, 2008 (the effective date of
18		Public Act 95-464) that would qualify the accused as a child
19		sex offender as defined in Section 11-9.3 or 11-9.4 of the
20		Criminal Code of 1961 or the Criminal Code of 2012 shall
21		refrain from communicating with or contacting, by means of the
22		Internet, a person who is not related to the accused and whom
23		the accused reasonably believes to be under 18 years of age.
24		For purposes of this subsection (p), "Internet" has the meaning
25		ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
26		and a person is not related to the accused if the person is

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1		not: (i) the spouse, brother, or sister of the accused; (ii) a
2		descendant of the accused; (iii) a first or second cousin of
3		the accused; or (iv) a step-child or adopted child of the
4		accused.
5		(q) An offender placed on supervision for an offense
6		committed on or after June 1, 2008 (the effective date of
7		Public Act 95-464) that would qualify the accused as a child
8		sex offender as defined in Section 11-9.3 or 11-9.4 of the
9		Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
10		ordered by the court, refrain from communicating with or
11		contacting, by means of the Internet, a person who is related
12		to the accused and whom the accused reasonably believes to be
13		under 18 years of age. For purposes of this subsection (q),
14		"Internet" has the meaning ascribed to it in Section 16-0.1 of
15		the Criminal Code of 2012; and a person is related to the
16		accused if the person is: (i) the spouse, brother, or sister of
17		the accused; (ii) a descendant of the accused; (iii) a first or
18		second cousin of the accused; or (iv) a step-child or adopted
19		child of the accused.
20		(r) An offender placed on supervision for an offense under
21		Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
22		juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
23		11-21 of the Criminal Code of 1961 or the Criminal Code of
24		2012, or any attempt to commit any of these offenses, committed
25		on or after the effective date of this amendatory Act of the
26		95th General Assembly shall:

HB5540 Enrolled - 1403 - LRB099 16003 AMC 40320 b
1		(i) not access or use a computer or any other device
2		with Internet capability without the prior written
3		approval of the court, except in connection with the
4		offender's employment or search for employment with the
5		prior approval of the court;
6		(ii) submit to periodic unannounced examinations of
7		the offender's computer or any other device with Internet
8		capability by the offender's probation officer, a law
9		enforcement officer, or assigned computer or information
10		technology specialist, including the retrieval and copying
11		of all data from the computer or device and any internal or
12		external peripherals and removal of such information,
13		equipment, or device to conduct a more thorough inspection;
14		(iii) submit to the installation on the offender's
15		computer or device with Internet capability, at the
16		offender's expense, of one or more hardware or software
17		systems to monitor the Internet use; and
18		(iv) submit to any other appropriate restrictions
19		concerning the offender's use of or access to a computer or
20		any other device with Internet capability imposed by the
21		court.
22		(s) An offender placed on supervision for an offense that
23		is a sex offense as defined in Section 2 of the Sex Offender
24		Registration Act that is committed on or after January 1, 2010
25		(the effective date of Public Act 96-362) that requires the
26		person to register as a sex offender under that Act, may not

HB5540 Enrolled - 1404 - LRB099 16003 AMC 40320 b
1		knowingly use any computer scrub software on any computer that
2		the sex offender uses.
3		(t) An offender placed on supervision for a sex offense as
4		defined in the Sex Offender Registration Act committed on or
5		after January 1, 2010 (the effective date of Public Act 96-262)
6		shall refrain from accessing or using a social networking
7		website as defined in Section 17-0.5 of the Criminal Code of
8		2012.
9		(u) Jurisdiction over an offender may be transferred from
10		the sentencing court to the court of another circuit with the
11		concurrence of both courts. Further transfers or retransfers of
12		jurisdiction are also authorized in the same manner. The court
13		to which jurisdiction has been transferred shall have the same
14		powers as the sentencing court. The probation department within
15		the circuit to which jurisdiction has been transferred may
16		impose probation fees upon receiving the transferred offender,
17		as provided in subsection (i). The probation department from
18		the original sentencing court shall retain all probation fees
19		collected prior to the transfer.
20		(Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12;
21		97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.
22		1-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)
23		Section 565. The Code of Civil Procedure is amended by
24		changing Sections 2-1401, 3-102, and 12-654 as follows:

HB5540 Enrolled - 1405 - LRB099 16003 AMC 40320 b
1		(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
2		Sec. 2-1401. Relief from judgments.
3		(a) Relief from final orders and judgments, after 30 days
4		from the entry thereof, may be had upon petition as provided in
5		this Section. Writs of error coram nobis and coram vobis, bills
6		of review and bills in the nature of bills of review are
7		abolished. All relief heretofore obtainable and the grounds for
8		such relief heretofore available, whether by any of the
9		foregoing remedies or otherwise, shall be available in every
10		case, by proceedings hereunder, regardless of the nature of the
11		order or judgment from which relief is sought or of the
12		proceedings in which it was entered. Except as provided in the
13		Illinois Parentage Act of 2015, there shall be no distinction
14		between actions and other proceedings, statutory or otherwise,
15		as to availability of relief, grounds for relief or the relief
16		obtainable.
17		(b) The petition must be filed in the same proceeding in
18		which the order or judgment was entered but is not a
19		continuation thereof. The petition must be supported by
20		affidavit or other appropriate showing as to matters not of
21		record. All parties to the petition shall be notified as
22		provided by rule.
23		(b-5) A movant may present a meritorious claim under this
24		Section if the allegations in the petition establish each of
25		the following by a preponderance of the evidence:
26		(1) the movant was convicted of a forcible felony;

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1		(2) the movant's participation in the offense was
2		related to him or her previously having been a victim of
3		domestic violence as perpetrated by an intimate partner;
4		(3) no evidence of domestic violence against the movant
5		was presented at the movant's sentencing hearing;
6		(4) the movant was unaware of the mitigating nature of
7		the evidence of the domestic violence at the time of
8		sentencing and could not have learned of its significance
9		sooner through diligence; and
10		(5) the new evidence of domestic violence against the
11		movant is material and noncumulative to other evidence
12		offered at the sentencing hearing, and is of such a
13		conclusive character that it would likely change the
14		sentence imposed by the original trial court.
15		Nothing in this subsection (b-5) shall prevent a movant
16		from applying for any other relief under this Section or any
17		other law otherwise available to him or her.
18		As used in this subsection (b-5):
19		"Domestic violence" means abuse as defined in Section
20		103 of the Illinois Domestic Violence Act of 1986.
21		"Forcible felony" has the meaning ascribed to the term
22		in Section 2-8 of the Criminal Code of 2012.
23		"Intimate partner" means a spouse or former spouse,
24		persons who have or allegedly have had a child in common,
25		or persons who have or have had a dating or engagement
26		relationship.

HB5540 Enrolled - 1407 - LRB099 16003 AMC 40320 b
1		(c) Except as provided in Section 20b of the Adoption Act
2		and Section 2-32 of the Juvenile Court Act of 1987 or in a
3		petition based upon Section 116-3 of the Code of Criminal
4		Procedure of 1963, the petition must be filed not later than 2
5		years after the entry of the order or judgment. Time during
6		which the person seeking relief is under legal disability or
7		duress or the ground for relief is fraudulently concealed shall
8		be excluded in computing the period of 2 years.
9		(d) The filing of a petition under this Section does not
10		affect the order or judgment, or suspend its operation.
11		(e) Unless lack of jurisdiction affirmatively appears from
12		the record proper, the vacation or modification of an order or
13		judgment pursuant to the provisions of this Section does not
14		affect the right, title or interest in or to any real or
15		personal property of any person, not a party to the original
16		action, acquired for value after the entry of the order or
17		judgment but before the filing of the petition, nor affect any
18		right of any person not a party to the original action under
19		any certificate of sale issued before the filing of the
20		petition, pursuant to a sale based on the order or judgment.
21		(f) Nothing contained in this Section affects any existing
22		right to relief from a void order or judgment, or to employ any
23		existing method to procure that relief.
24		(Source: P.A. 99-85, eff. 1-1-16; 99-384, eff. 1-1-16; revised
25		10-19-15.)

HB5540 Enrolled - 1408 - LRB099 16003 AMC 40320 b
1		(735 ILCS 5/3-102) (from Ch. 110, par. 3-102)
2		Sec. 3-102. Scope of Article. This Article III of this Act
3		shall apply to and govern every action to review judicially a
4		final decision of any administrative agency where the Act
5		creating or conferring power on such agency, by express
6		reference, adopts the provisions of this Article III of this
7		Act or its predecessor, the Administrative Review Act. This
8		Article shall be known as the "Administrative Review Law". In
9		all such cases, any other statutory, equitable or common law
10		mode of review of decisions of administrative agencies
11		heretofore available shall not hereafter be employed.
12		Unless review is sought of an administrative decision
13		within the time and in the manner herein provided, the parties
14		to the proceeding before the administrative agency shall be
15		barred from obtaining judicial review of such administrative
16		decision. In an action to review any final decision of any
17		administrative agency brought under this Article III, if a
18		judgment is reversed or entered against the plaintiff, or the
19		action is voluntarily dismissed by the plaintiff, or the action
20		is dismissed for want of prosecution, or the action is
21		dismissed by a United States District Court for lack of
22		jurisdiction, neither the plaintiff nor his or her heirs,
23		executors, or administrators may commence a new action within
24		one year or within the remaining period of limitation,
25		whichever is greater. All proceedings in the court for revision
26		of such final decision shall terminate upon the date of the

HB5540 Enrolled - 1409 - LRB099 16003 AMC 40320 b
1		entry of any Order under either Section 2-1009 or Section
2		13-217. Such Order shall cause the final administrative
3		decision of any administrative agency to become immediately
4		enforceable. If under the terms of the Act governing the
5		procedure before an administrative agency an administrative
6		decision has become final because of the failure to file any
7		document in the nature of objections, protests, petition for
8		hearing or application for administrative review within the
9		time allowed by such Act, such decision shall not be subject to
10		judicial review hereunder excepting only for the purpose of
11		questioning the jurisdiction of the administrative agency over
12		the person or subject matter.
13		(Source: P.A. 88-1; revised 10-19-15.)
14		(735 ILCS 5/12-654) (from Ch. 110, par. 12-654)
15		Sec. 12-654. Stay.
16		(a) If the judgment debtor shows the circuit court that an
17		appeal from the foreign judgment is pending or will be taken,
18		or that a stay of execution has been granted, the court shall
19		stay enforcement of the foreign judgment until the appeal is
20		concluded, the time for appeal expires, or the stay of
21		execution expires or is vacated, upon proof that the judgment
22		debtor has furnished the security for the satisfaction of the
23		judgment required by the state in which it is was rendered.
24		(b) If the judgment debtor shows the circuit court any
25		ground upon which enforcement of a judgment of any circuit

HB5540 Enrolled - 1410 - LRB099 16003 AMC 40320 b
1		court for any county of this State would be stayed, the court
2		shall stay enforcement of the foreign judgment for an
3		appropriate period, upon requiring the same security for
4		satisfaction of the judgment which is required in this State.
5		(Source: P.A. 87-358; 87-895; revised 10-19-15.)
6		Section 570. The Mental Health and Developmental
7		Disabilities Confidentiality Act is amended by changing
8		Section 12 as follows:
9		(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
10		Sec. 12. (a) If the United States Secret Service or the
11		Department of State Police requests information from a mental
12		health or developmental disability facility, as defined in
13		Section 1-107 and 1-114 of the Mental Health and Developmental
14		Disabilities Code, relating to a specific recipient and the
15		facility director determines that disclosure of such
16		information may be necessary to protect the life of, or to
17		prevent the infliction of great bodily harm to, a public
18		official, or a person under the protection of the United States
19		Secret Service, only the following information may be
20		disclosed: the recipient's name, address, and age and the date
21		of any admission to or discharge from a facility; and any
22		information which would indicate whether or not the recipient
23		has a history of violence or presents a danger of violence to
24		the person under protection. Any information so disclosed shall

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1		be used for investigative purposes only and shall not be
2		publicly disseminated. Any person participating in good faith
3		in the disclosure of such information in accordance with this
4		provision shall have immunity from any liability, civil,
5		criminal or otherwise, if such information is disclosed relying
6		upon the representation of an officer of the United States
7		Secret Service or the Department of State Police that a person
8		is under the protection of the United States Secret Service or
9		is a public official.
10		For the purpose of this subsection (a), the term "public
11		official" means the Governor, Lieutenant Governor, Attorney
12		General, Secretary of State, State Comptroller, State
13		Treasurer, member of the General Assembly, member of the United
14		States Congress, Judge of the United States as defined in 28
15		U.S.C. 451, Justice of the United States as defined in 28
16		U.S.C. 451, United States Magistrate Judge as defined in 28
17		U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
18		Supreme, Appellate, Circuit, or Associate Judge of the State of
19		Illinois. The term shall also include the spouse, child or
20		children of a public official.
21		(b) The Department of Human Services (acting as successor
22		to the Department of Mental Health and Developmental
23		Disabilities) and all public or private hospitals and mental
24		health facilities are required, as hereafter described in this
25		subsection, to furnish the Department of State Police only such
26		information as may be required for the sole purpose of

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1		determining whether an individual who may be or may have been a
2		patient is disqualified because of that status from receiving
3		or retaining a Firearm Owner's Identification Card or falls
4		within the federal prohibitors under subsection (e), (f), (g),
5		(r), (s), or (t) of Section 8 of the Firearm Owners
6		Identification Card Act, or falls within the federal
7		prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
8		clinical psychologists, or qualified examiners at public or
9		private mental health facilities or parts thereof as defined in
10		this subsection shall, in the form and manner required by the
11		Department, provide notice directly to the Department of Human
12		Services, or to his or her employer who shall then report to
13		the Department, within 24 hours after determining that a person
14		poses a clear and present danger to himself, herself, or
15		others, or within 7 days after a person 14 years or older is
16		determined to be a person with a developmental disability by a
17		physician, clinical psychologist, or qualified examiner as
18		described in Section 1.1 of the Firearm Owners Identification
19		Card Act. If a person is a patient as described in clause (1)
20		of the definition of "patient" in Section 1.1 of the Firearm
21		Owners Identification Card Act, this information shall be
22		furnished within 7 days after admission to a public or private
23		hospital or mental health facility or the provision of
24		services. Any such information disclosed under this subsection
25		shall remain privileged and confidential, and shall not be
26		redisclosed, except as required by subsection (e) of Section

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1		3.1 of the Firearm Owners Identification Card Act, nor utilized
2		for any other purpose. The method of requiring the providing of
3		such information shall guarantee that no information is
4		released beyond what is necessary for this purpose. In
5		addition, the information disclosed shall be provided by the
6		Department within the time period established by Section 24-3
7		of the Criminal Code of 2012 regarding the delivery of
8		firearms. The method used shall be sufficient to provide the
9		necessary information within the prescribed time period, which
10		may include periodically providing lists to the Department of
11		Human Services or any public or private hospital or mental
12		health facility of Firearm Owner's Identification Card
13		applicants on which the Department or hospital shall indicate
14		the identities of those individuals who are to its knowledge
15		disqualified from having a Firearm Owner's Identification Card
16		for reasons described herein. The Department may provide for a
17		centralized source of information for the State on this subject
18		under its jurisdiction. The identity of the person reporting
19		under this subsection shall not be disclosed to the subject of
20		the report. For the purposes of this subsection, the physician,
21		clinical psychologist, or qualified examiner making the
22		determination and his or her employer shall not be held
23		criminally, civilly, or professionally liable for making or not
24		making the notification required under this subsection, except
25		for willful or wanton misconduct.
26		Any person, institution, or agency, under this Act,

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1		participating in good faith in the reporting or disclosure of
2		records and communications otherwise in accordance with this
3		provision or with rules, regulations or guidelines issued by
4		the Department shall have immunity from any liability, civil,
5		criminal or otherwise, that might result by reason of the
6		action. For the purpose of any proceeding, civil or criminal,
7		arising out of a report or disclosure in accordance with this
8		provision, the good faith of any person, institution, or agency
9		so reporting or disclosing shall be presumed. The full extent
10		of the immunity provided in this subsection (b) shall apply to
11		any person, institution or agency that fails to make a report
12		or disclosure in the good faith belief that the report or
13		disclosure would violate federal regulations governing the
14		confidentiality of alcohol and drug abuse patient records
15		implementing 42 U.S.C. 290dd-3 and 290ee-3.
16		For purposes of this subsection (b) only, the following
17		terms shall have the meaning prescribed:
18		(1) (Blank).
19		(1.3) "Clear and present danger" has the meaning as
20		defined in Section 1.1 of the Firearm Owners Identification
21		Card Act.
22		(1.5) "Person with a developmental disability" has the
23		meaning as defined in Section 1.1 of the Firearm Owners
24		Identification Card Act.
25		(2) "Patient" has the meaning as defined in Section 1.1
26		of the Firearm Owners Identification Card Act.

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1		(3) "Mental health facility" has the meaning as defined
2		in Section 1.1 of the Firearm Owners Identification Card
3		Act.
4		(c) Upon the request of a peace officer who takes a person
5		into custody and transports such person to a mental health or
6		developmental disability facility pursuant to Section 3-606 or
7		4-404 of the Mental Health and Developmental Disabilities Code
8		or who transports a person from such facility, a facility
9		director shall furnish said peace officer the name, address,
10		age and name of the nearest relative of the person transported
11		to or from the mental health or developmental disability
12		facility. In no case shall the facility director disclose to
13		the peace officer any information relating to the diagnosis,
14		treatment or evaluation of the person's mental or physical
15		health.
16		For the purposes of this subsection (c), the terms "mental
17		health or developmental disability facility", "peace officer"
18		and "facility director" shall have the meanings ascribed to
19		them in the Mental Health and Developmental Disabilities Code.
20		(d) Upon the request of a peace officer or prosecuting
21		authority who is conducting a bona fide investigation of a
22		criminal offense, or attempting to apprehend a fugitive from
23		justice, a facility director may disclose whether a person is
24		present at the facility. Upon request of a peace officer or
25		prosecuting authority who has a valid forcible felony warrant
26		issued, a facility director shall disclose: (1) whether the

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1		person who is the subject of the warrant is present at the
2		facility and (2) the date of that person's discharge or future
3		discharge from the facility. The requesting peace officer or
4		prosecuting authority must furnish a case number and the
5		purpose of the investigation or an outstanding arrest warrant
6		at the time of the request. Any person, institution, or agency
7		participating in good faith in disclosing such information in
8		accordance with this subsection (d) is immune from any
9		liability, civil, criminal or otherwise, that might result by
10		reason of the action.
11		(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
12		eff. 7-27-15; revised 10-22-15.)
13		Section 575. The Premises Liability Act is amended by
14		changing Section 4.1 as follows:
15		(740 ILCS 130/4.1)
16		Sec. 4.1. Off-road riding facilities; liability.
17		(a) As used in this Section, "off-road riding facility"
18		means:
19		(1) an area of land, consisting of a closed course,
20		designed for use of off-highway vehicles in events such as,
21		but not limited to, dirt track, short track, flat track,
22		speedway, drag racing, grand prix, hare scrambles, hill
23		climb, ice racing, observed trails, mud and snow scrambles,
24		tractor pulls, sled pulls, truck pulls, mud runs, or other

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1		contests of a side-by-side nature in a sporting event for
2		practice, instruction, testing, or competition of
3		off-highway vehicles; or
4		(2) a thoroughfare or track across land or snow used
5		for off-highway motorcycles or all-terrain vehicles.
6		(b) An owner or operator of an off-road riding facility in
7		existence on January 1, 2002 is immune from any criminal
8		liability arising out of or as a consequence of noise or sound
9		emissions resulting from the use of the off-road riding
10		facility. An owner or operator of an a off-road riding facility
11		is not subject to any action for public or private nuisance or
12		trespass, and no court in this State may enjoin the use or
13		operation of an a off-road riding facility on the basis of
14		noise or sound emissions resulting from the use of the off-road
15		riding facility.
16		(c) An owner or operator of an a off-road riding facility
17		placed in operation after January 1, 2002 is immune from any
18		criminal liability and is not subject to any action for public
19		or private nuisance or trespass arising out of or as a
20		consequence of noise or sound emissions resulting from the use
21		of the off-road riding facility, if the off-road riding
22		facility conforms to any one of the following requirements:
23		(1) All areas from which an off-road vehicle may be
24		properly operated are at least 1,000 feet from any occupied
25		permanent dwelling on adjacent property at the time the
26		facility was placed into operation.

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1		(2) The off-road riding facility is situated on land
2		otherwise subject to land use zoning, and the off-road
3		riding facility was not prohibited by the zoning authority
4		at the time the facility was placed into operation.
5		(3) The off-road riding facility is operated by a
6		governmental entity or the off-road riding facility was the
7		recipient of grants under the Recreational Trails of
8		Illinois Act.
9		(d) The civil immunity in subsection (c) does not apply if
10		there is willful or wanton misconduct outside the normal use of
11		the off-road riding facility.
12		(Source: P.A. 98-847, eff. 1-1-15; revised 10-19-15.)
13		Section 580. The Illinois Marriage and Dissolution of
14		Marriage Act is amended by changing Section 513 as follows:
15		(750 ILCS 5/513) (from Ch. 40, par. 513)
16		Sec. 513. Educational Expenses for a Non-minor Child.
17		(a) The court may award sums of money out of the property
18		and income of either or both parties or the estate of a
19		deceased parent, as equity may require, for the educational
20		expenses of any child of the parties. Unless otherwise agreed
21		to by the parties, all educational expenses which are the
22		subject of a petition brought pursuant to this Section shall be
23		incurred no later than the student's 23rd birthday, except for
24		good cause shown, but in no event later than the child's 25th

HB5540 Enrolled - 1419 - LRB099 16003 AMC 40320 b
1		birthday.
2		(b) Regardless of whether an award has been made under
3		subsection (a), the court may require both parties and the
4		child to complete the Free Application for Federal Student Aid
5		(FAFSA) and other financial aid forms and to submit any form of
6		that type prior to the designated submission deadline for the
7		form. The court may require either or both parties to provide
8		funds for the child so as to pay for the cost of up to 5 college
9		applications, the cost of 2 standardized college entrance
10		examinations, and the cost of one standardized college entrance
11		examination preparatory course.
12		(c) The authority under this Section to make provision for
13		educational expenses extends not only to periods of college
14		education or vocational or professional or other training after
15		graduation from high school, but also to any period during
16		which the child of the parties is still attending high school,
17		even though he or she attained the age of 19.
18		(d) Educational expenses may include, but shall not be
19		limited to, the following:
20		(1) except for good cause shown, the actual cost of the
21		child's post-secondary expenses, including tuition and
22		fees, provided that the cost for tuition and fees does not
23		exceed the amount of tuition and fees paid by a student at
24		the University of Illinois at Urbana-Champaign for the same
25		academic year;
26		(2) except for good cause shown, the actual costs of

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1		the child's housing expenses, whether on-campus or
2		off-campus, provided that the housing expenses do not
3		exceed the cost for the same academic year of a
4		double-occupancy student room, with a standard meal plan,
5		in a residence hall operated by the University of Illinois
6		at Urbana-Champaign;
7		(3) the actual costs of the child's medical expenses,
8		including medical insurance, and dental expenses;
9		(4) the reasonable living expenses of the child during
10		the academic year and periods of recess:
11		(A) if the child is a resident student attending a
12		post-secondary educational program; or
13		(B) if the child is living with one party at that
14		party's home and attending a post-secondary
15		educational program as a non-resident student, in
16		which case the living expenses include an amount that
17		pays for the reasonable cost of the child's food,
18		utilities, and transportation; and
19		(5) the cost of books and other supplies necessary to
20		attend college.
21		(e) Sums may be ordered payable to the child, to either
22		party, or to the educational institution, directly or through a
23		special account or trust created for that purpose, as the court
24		sees fit.
25		(f) If educational expenses are ordered payable, each party
26		and the child shall sign any consent necessary for the

HB5540 Enrolled - 1421 - LRB099 16003 AMC 40320 b
1		educational institution to provide a supporting party with
2		access to the child's academic transcripts, records, and grade
3		reports. The consent shall not apply to any non-academic
4		records. Failure to execute the required consent may be a basis
5		for a modification or termination of any order entered under
6		this Section. Unless the court specifically finds that the
7		child's safety would be jeopardized, each party is entitled to
8		know the name of the educational institution the child attends.
9		(g) The authority under this Section to make provision for
10		educational expenses terminates when the child either: fails to
11		maintain a cumulative "C" grade point average, except in the
12		event of illness or other good cause shown; attains the age of
13		23; receives a baccalaureate degree; or marries. A child's
14		enlisting in the armed forces, being incarcerated, or becoming
15		pregnant does not terminate the court's authority to make
16		provisions for the educational expenses for the child under
17		this Section.
18		(h) An account established prior to the dissolution that is
19		to be used for the child's post-secondary education, that is an
20		account in a state tuition program under Section 529 of the
21		Internal Revenue Code, or that is some other college savings
22		plan, is to be considered by the court to be a resource of the
23		child, provided that any post-judgment contribution made by a
24		party to such an account is to be considered a contribution
25		from that party.
26		(i) The child is not a third party beneficiary to the

HB5540 Enrolled - 1422 - LRB099 16003 AMC 40320 b
1		settlement agreement or judgment between the parties after
2		trial and is not entitled to file a petition for contribution.
3		If the parties' settlement agreement describes the manner in
4		which a child's educational expenses will be paid, or if the
5		court makes an award pursuant to this Section, then the parties
6		are responsible pursuant to that agreement or award for the
7		child's educational expenses, but in no event shall the court
8		consider the child a third party beneficiary of that provision.
9		In the event of the death or legal disability of a party who
10		would have the right to file a petition for contribution, the
11		child of the party may file a petition for contribution. a
12		person with a mental or physical disability a person with a
13		mental or physical disability
14		(j) In making awards under this Section, or pursuant to a
15		petition or motion to decrease, modify, or terminate any such
16		award, the court shall consider all relevant factors that
17		appear reasonable and necessary, including:
18		(1) The present and future financial resources of both
19		parties to meet their needs, including, but not limited to,
20		savings for retirement.
21		(2) The standard of living the child would have enjoyed
22		had the marriage not been dissolved.
23		(3) The financial resources of the child.
24		(4) The child's academic performance.
25		(k) The establishment of an obligation to pay under this
26		Section is retroactive only to the date of filing a petition.

HB5540 Enrolled - 1423 - LRB099 16003 AMC 40320 b
1		The right to enforce a prior obligation to pay may be enforced
2		either before or after the obligation is incurred.
3		(Source: P.A. 99-90, eff. 1-1-16; 99-143, eff. 7-27-15; revised
4		10-22-15.)
5		Section 585. The Uniform Interstate Family Support Act is
6		amended by changing Section 102 as follows:
7		(750 ILCS 22/102) (was 750 ILCS 22/101)
8		Sec. 102. Definitions. In this Act:
9		(1) "Child" means an individual, whether over or under the
10		age of majority, who is or is alleged to be owed a duty of
11		support by the individual's parent or who is or is alleged to
12		be the beneficiary of a support order directed to the parent.
13		(2) "Child-support order" means a support order for a
14		child, including a child who has attained the age of majority
15		under the law of the issuing state or foreign country.
16		(3) "Convention" means the Convention on the International
17		Recovery of Child Support and Other Forms of Family
18		Maintenance, concluded at The Hague on November 23, 2007.
19		(4) "Duty of support" means an obligation imposed or
20		imposable by law to provide support for a child, spouse, or
21		former spouse including an unsatisfied obligation to provide
22		support.
23		(5) "Foreign country" means a country, including a
24		political subdivision thereof, other than the United States,

HB5540 Enrolled - 1424 - LRB099 16003 AMC 40320 b
1		that authorizes the issuance of support orders and:
2		(A) which has been declared under the law of the United
3		States to be a foreign reciprocating country;
4		(B) which has established a reciprocal arrangement for
5		child support with this State as provided in Section 308;
6		(C) which has enacted a law or established procedures
7		for the issuance and enforcement of support orders which
8		are substantially similar to the procedures under this Act;
9		or
10		(D) in which the Convention is in force with respect to
11		the United States.
12		(6) "Foreign support order" means a support order of a
13		foreign tribunal.
14		(7) "Foreign tribunal" means a court, administrative
15		agency, or quasi-judicial entity of a foreign country which is
16		authorized to establish, enforce, or modify support orders or
17		to determine parentage of a child. The term includes a
18		competent authority under the Convention.
19		(8) "Home state" means the state or foreign country in
20		which a child lived with a parent or a person acting as parent
21		for at least 6 consecutive months immediately preceding the
22		time of filing of a petition or comparable pleading for
23		support, and if a child is less than 6 months old, the state or
24		foreign country in which the child lived from birth with any of
25		them. A period of temporary absence of any of them is counted
26		as part of the 6-month or other period.

HB5540 Enrolled - 1425 - LRB099 16003 AMC 40320 b
1		(9) "Income" includes earnings or other periodic
2		entitlements to money from any source and any other property
3		subject to withholding for support under the law of this State.
4		(10) "Income-withholding order" means an order or other
5		legal process directed to an obligor's employer or other
6		debtor, as defined by the Income Withholding for Support Act,
7		2015, to withhold support from the income of the obligor.
8		(11) "Initiating tribunal" means the tribunal of a state or
9		foreign country from which a petition or comparable pleading is
10		forwarded or in which a petition or comparable pleading is
11		filed for forwarding to another state or foreign country.
12		(12) "Issuing foreign country" means the foreign country in
13		which a tribunal issues a support order or a judgment
14		determining parentage of a child.
15		(13) "Issuing state" means the state in which a tribunal
16		issues a support order or a judgment determining parentage of a
17		child.
18		(14) "Issuing tribunal" means the tribunal of a state or
19		foreign country that issues a support order or a judgment
20		determining parentage of a child.
21		(15) "Law" includes decisional and statutory law and rules
22		and regulations having the force of law.
23		(16) "Obligee" means:
24		(A) an individual to whom a duty of support is or is
25		alleged to be owed or in whose favor a support order or a
26		judgment determining parentage of a child has been issued;

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1		(B) a foreign country, state, or political subdivision
2		of a state to which the rights under a duty of support or
3		support order have been assigned or which has independent
4		claims based on financial assistance provided to an
5		individual obligee in place of child support;
6		(C) an individual seeking a judgment determining
7		parentage of the individual's child; or
8		(D) a person that is a creditor in a proceeding under
9		Article 7.
10		(17) "Obligor" means an individual, or the estate of a
11		decedent that:
12		(A) owes or is alleged to owe a duty of support;
13		(B) is alleged but has not been adjudicated to be a
14		parent of a child;
15		(C) is liable under a support order; or
16		(D) is a debtor in a proceeding under Article 7.
17		(18) "Outside this State" means a location in another state
18		or a country other than the United States, whether or not the
19		country is a foreign country.
20		(19) "Person" means an individual, corporation, business
21		trust, estate, trust, partnership, limited liability company,
22		association, joint venture, public corporation, government or
23		governmental subdivision, agency, or instrumentality, or any
24		other legal or commercial entity.
25		(20) "Record" means information that is inscribed on a
26		tangible medium or that is stored in an electronic or other

HB5540 Enrolled - 1427 - LRB099 16003 AMC 40320 b
1		medium and is retrievable in perceivable form.
2		(21) "Register" means to record or file in a tribunal of
3		this State a support order or judgment determining parentage of
4		a child issued in another state or a foreign country.
5		(22) "Registering tribunal" means a tribunal in which a
6		support order or judgment determining parentage of a child is
7		registered.
8		(23) "Responding state" means a state in which a petition
9		or comparable pleading for support or to determine parentage of
10		a child is filed or to which a petition or comparable pleading
11		is forwarded for filing from another state or a foreign
12		country.
13		(24) "Responding tribunal" means the authorized tribunal
14		in a responding state or foreign country.
15		(25) "Spousal-support order" means a support order for a
16		spouse or former spouse of the obligor.
17		(26) "State" means a state of the United States, the
18		District of Columbia, Puerto Rico, the United States Virgin
19		Islands, or any territory or insular possession under the
20		jurisdiction of the United States. The term includes an Indian
21		nation or tribe.
22		(27) "Support enforcement agency" means a public official,
23		governmental entity, or private agency authorized to:
24		(A) seek enforcement of support orders or laws relating
25		to the duty of support;
26		(B) seek establishment or modification of child

HB5540 Enrolled - 1428 - LRB099 16003 AMC 40320 b
1		support;
2		(C) request determination of parentage of a child;
3		(D) attempt to locate obligors or their assets; or
4		(E) request determination of the controlling
5		child-support order.
6		(28) "Support order" means a judgment, decree, order,
7		decision, or directive, whether temporary, final, or subject to
8		modification, issued in a state or foreign country for the
9		benefit of a child, a spouse, or a former spouse, which
10		provides for monetary support, health care, arrearages,
11		retroactive support, or reimbursement for financial assistance
12		provided to an individual obligee in place of child support.
13		The term may include related costs and fees, interest, income
14		withholding, automatic adjustment, reasonable attorney's fees,
15		and other relief.
16		(29) "Tribunal" means a court, administrative agency, or
17		quasi-judicial entity authorized to establish, enforce, or
18		modify support orders or to determine parentage of a child.
19		(Source: P.A. 99-78, eff. 7-20-15; 99-85, eff. 1-1-16; 99-119,
20		eff. 1-1-16; revised 10-22-15.)
21		Section 590. The Adoption Act is amended by changing
22		Sections 1 and 18.06 as follows:
23		(750 ILCS 50/1) (from Ch. 40, par. 1501)
24		Sec. 1. Definitions. When used in this Act, unless the

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1		context otherwise requires:
2		A. "Child" means a person under legal age subject to
3		adoption under this Act.
4		B. "Related child" means a child subject to adoption where
5		either or both of the adopting parents stands in any of the
6		following relationships to the child by blood, marriage,
7		adoption, or civil union: parent, grand-parent,
8		great-grandparent, brother, sister, step-parent,
9		step-grandparent, step-brother, step-sister, uncle, aunt,
10		great-uncle, great-aunt, first cousin, or second cousin. A
11		person is related to the child as a first cousin or second
12		cousin if they are both related to the same ancestor as either
13		grandchild or great-grandchild. A child whose parent has
14		executed a consent to adoption, a surrender, or a waiver
15		pursuant to Section 10 of this Act or whose parent has signed a
16		denial of paternity pursuant to Section 12 of the Vital Records
17		Act or Section 12a of this Act, or whose parent has had his or
18		her parental rights terminated, is not a related child to that
19		person, unless (1) the consent is determined to be void or is
20		void pursuant to subsection O of Section 10 of this Act; or (2)
21		the parent of the child executed a consent to adoption by a
22		specified person or persons pursuant to subsection A-1 of
23		Section 10 of this Act and a court of competent jurisdiction
24		finds that such consent is void; or (3) the order terminating
25		the parental rights of the parent is vacated by a court of
26		competent jurisdiction.

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1		C. "Agency" for the purpose of this Act means a public
2		child welfare agency or a licensed child welfare agency.
3		D. "Unfit person" means any person whom the court shall
4		find to be unfit to have a child, without regard to the
5		likelihood that the child will be placed for adoption. The
6		grounds of unfitness are any one or more of the following,
7		except that a person shall not be considered an unfit person
8		for the sole reason that the person has relinquished a child in
9		accordance with the Abandoned Newborn Infant Protection Act:
10		(a) Abandonment of the child.
11		(a-1) Abandonment of a newborn infant in a hospital.
12		(a-2) Abandonment of a newborn infant in any setting
13		where the evidence suggests that the parent intended to
14		relinquish his or her parental rights.
15		(b) Failure to maintain a reasonable degree of
16		interest, concern or responsibility as to the child's
17		welfare.
18		(c) Desertion of the child for more than 3 months next
19		preceding the commencement of the Adoption proceeding.
20		(d) Substantial neglect of the child if continuous or
21		repeated.
22		(d-1) Substantial neglect, if continuous or repeated,
23		of any child residing in the household which resulted in
24		the death of that child.
25		(e) Extreme or repeated cruelty to the child.
26		(f) There is a rebuttable presumption, which can be

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1		overcome only by clear and convincing evidence, that a
2		parent is unfit if:
3		(1) Two or more findings of physical abuse have
4		been entered regarding any children under Section 2-21
5		of the Juvenile Court Act of 1987, the most recent of
6		which was determined by the juvenile court hearing the
7		matter to be supported by clear and convincing
8		evidence; or
9		(2) The parent has been convicted or found not
10		guilty by reason of insanity and the conviction or
11		finding resulted from the death of any child by
12		physical abuse; or
13		(3) There is a finding of physical child abuse
14		resulting from the death of any child under Section
15		2-21 of the Juvenile Court Act of 1987.
16		No conviction or finding of delinquency pursuant
17		to Article V of the Juvenile Court Act of 1987 shall be
18		considered a criminal conviction for the purpose of
19		applying any presumption under this item (f).
20		(g) Failure to protect the child from conditions within
21		his environment injurious to the child's welfare.
22		(h) Other neglect of, or misconduct toward the child;
23		provided that in making a finding of unfitness the court
24		hearing the adoption proceeding shall not be bound by any
25		previous finding, order or judgment affecting or
26		determining the rights of the parents toward the child

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1		sought to be adopted in any other proceeding except such
2		proceedings terminating parental rights as shall be had
3		under either this Act, the Juvenile Court Act or the
4		Juvenile Court Act of 1987.
5		(i) Depravity. Conviction of any one of the following
6		crimes shall create a presumption that a parent is depraved
7		which can be overcome only by clear and convincing
8		evidence: (1) first degree murder in violation of paragraph
9		1 or 2 of subsection (a) of Section 9-1 of the Criminal
10		Code of 1961 or the Criminal Code of 2012 or conviction of
11		second degree murder in violation of subsection (a) of
12		Section 9-2 of the Criminal Code of 1961 or the Criminal
13		Code of 2012 of a parent of the child to be adopted; (2)
14		first degree murder or second degree murder of any child in
15		violation of the Criminal Code of 1961 or the Criminal Code
16		of 2012; (3) attempt or conspiracy to commit first degree
17		murder or second degree murder of any child in violation of
18		the Criminal Code of 1961 or the Criminal Code of 2012; (4)
19		solicitation to commit murder of any child, solicitation to
20		commit murder of any child for hire, or solicitation to
21		commit second degree murder of any child in violation of
22		the Criminal Code of 1961 or the Criminal Code of 2012; (5)
23		predatory criminal sexual assault of a child in violation
24		of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
25		or the Criminal Code of 2012; (6) heinous battery of any
26		child in violation of the Criminal Code of 1961; or (7)

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1		aggravated battery of any child in violation of the
2		Criminal Code of 1961 or the Criminal Code of 2012.
3		There is a rebuttable presumption that a parent is
4		depraved if the parent has been criminally convicted of at
5		least 3 felonies under the laws of this State or any other
6		state, or under federal law, or the criminal laws of any
7		United States territory; and at least one of these
8		convictions took place within 5 years of the filing of the
9		petition or motion seeking termination of parental rights.
10		There is a rebuttable presumption that a parent is
11		depraved if that parent has been criminally convicted of
12		either first or second degree murder of any person as
13		defined in the Criminal Code of 1961 or the Criminal Code
14		of 2012 within 10 years of the filing date of the petition
15		or motion to terminate parental rights.
16		No conviction or finding of delinquency pursuant to
17		Article 5 of the Juvenile Court Act of 1987 shall be
18		considered a criminal conviction for the purpose of
19		applying any presumption under this item (i).
20		(j) Open and notorious adultery or fornication.
21		(j-1) (Blank).
22		(k) Habitual drunkenness or addiction to drugs, other
23		than those prescribed by a physician, for at least one year
24		immediately prior to the commencement of the unfitness
25		proceeding.
26		There is a rebuttable presumption that a parent is

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1		unfit under this subsection with respect to any child to
2		which that parent gives birth where there is a confirmed
3		test result that at birth the child's blood, urine, or
4		meconium contained any amount of a controlled substance as
5		defined in subsection (f) of Section 102 of the Illinois
6		Controlled Substances Act or metabolites of such
7		substances, the presence of which in the newborn infant was
8		not the result of medical treatment administered to the
9		mother or the newborn infant; and the biological mother of
10		this child is the biological mother of at least one other
11		child who was adjudicated a neglected minor under
12		subsection (c) of Section 2-3 of the Juvenile Court Act of
13		1987.
14		(l) Failure to demonstrate a reasonable degree of
15		interest, concern or responsibility as to the welfare of a
16		new born child during the first 30 days after its birth.
17		(m) Failure by a parent (i) to make reasonable efforts
18		to correct the conditions that were the basis for the
19		removal of the child from the parent during any 9-month
20		period following the adjudication of neglected or abused
21		minor under Section 2-3 of the Juvenile Court Act of 1987
22		or dependent minor under Section 2-4 of that Act, or (ii)
23		to make reasonable progress toward the return of the child
24		to the parent during any 9-month period following the
25		adjudication of neglected or abused minor under Section 2-3
26		of the Juvenile Court Act of 1987 or dependent minor under

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1		Section 2-4 of that Act. If a service plan has been
2		established as required under Section 8.2 of the Abused and
3		Neglected Child Reporting Act to correct the conditions
4		that were the basis for the removal of the child from the
5		parent and if those services were available, then, for
6		purposes of this Act, "failure to make reasonable progress
7		toward the return of the child to the parent" includes the
8		parent's failure to substantially fulfill his or her
9		obligations under the service plan and correct the
10		conditions that brought the child into care during any
11		9-month period following the adjudication under Section
12		2-3 or 2-4 of the Juvenile Court Act of 1987.
13		Notwithstanding any other provision, when a petition or
14		motion seeks to terminate parental rights on the basis of
15		item (ii) of this subsection (m), the petitioner shall file
16		with the court and serve on the parties a pleading that
17		specifies the 9-month period or periods relied on. The
18		pleading shall be filed and served on the parties no later
19		than 3 weeks before the date set by the court for closure
20		of discovery, and the allegations in the pleading shall be
21		treated as incorporated into the petition or motion.
22		Failure of a respondent to file a written denial of the
23		allegations in the pleading shall not be treated as an
24		admission that the allegations are true.
25		(m-1) Pursuant to the Juvenile Court Act of 1987, a
26		child has been in foster care for 15 months out of any 22

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1		month period which begins on or after the effective date of
2		this amendatory Act of 1998 unless the child's parent can
3		prove by a preponderance of the evidence that it is more
4		likely than not that it will be in the best interests of
5		the child to be returned to the parent within 6 months of
6		the date on which a petition for termination of parental
7		rights is filed under the Juvenile Court Act of 1987. The
8		15 month time limit is tolled during any period for which
9		there is a court finding that the appointed custodian or
10		guardian failed to make reasonable efforts to reunify the
11		child with his or her family, provided that (i) the finding
12		of no reasonable efforts is made within 60 days of the
13		period when reasonable efforts were not made or (ii) the
14		parent filed a motion requesting a finding of no reasonable
15		efforts within 60 days of the period when reasonable
16		efforts were not made. For purposes of this subdivision
17		(m-1), the date of entering foster care is the earlier of:
18		(i) the date of a judicial finding at an adjudicatory
19		hearing that the child is an abused, neglected, or
20		dependent minor; or (ii) 60 days after the date on which
21		the child is removed from his or her parent, guardian, or
22		legal custodian.
23		(n) Evidence of intent to forgo his or her parental
24		rights, whether or not the child is a ward of the court,
25		(1) as manifested by his or her failure for a period of 12
26		months: (i) to visit the child, (ii) to communicate with

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1		the child or agency, although able to do so and not
2		prevented from doing so by an agency or by court order, or
3		(iii) to maintain contact with or plan for the future of
4		the child, although physically able to do so, or (2) as
5		manifested by the father's failure, where he and the mother
6		of the child were unmarried to each other at the time of
7		the child's birth, (i) to commence legal proceedings to
8		establish his paternity under the Illinois Parentage Act of
9		1984, the Illinois Parentage Act of 2015, or the law of the
10		jurisdiction of the child's birth within 30 days of being
11		informed, pursuant to Section 12a of this Act, that he is
12		the father or the likely father of the child or, after
13		being so informed where the child is not yet born, within
14		30 days of the child's birth, or (ii) to make a good faith
15		effort to pay a reasonable amount of the expenses related
16		to the birth of the child and to provide a reasonable
17		amount for the financial support of the child, the court to
18		consider in its determination all relevant circumstances,
19		including the financial condition of both parents;
20		provided that the ground for termination provided in this
21		subparagraph (n)(2)(ii) shall only be available where the
22		petition is brought by the mother or the husband of the
23		mother.
24		Contact or communication by a parent with his or her
25		child that does not demonstrate affection and concern does
26		not constitute reasonable contact and planning under

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1		subdivision (n). In the absence of evidence to the
2		contrary, the ability to visit, communicate, maintain
3		contact, pay expenses and plan for the future shall be
4		presumed. The subjective intent of the parent, whether
5		expressed or otherwise, unsupported by evidence of the
6		foregoing parental acts manifesting that intent, shall not
7		preclude a determination that the parent has intended to
8		forgo his or her parental rights. In making this
9		determination, the court may consider but shall not require
10		a showing of diligent efforts by an authorized agency to
11		encourage the parent to perform the acts specified in
12		subdivision (n).
13		It shall be an affirmative defense to any allegation
14		under paragraph (2) of this subsection that the father's
15		failure was due to circumstances beyond his control or to
16		impediments created by the mother or any other person
17		having legal custody. Proof of that fact need only be by a
18		preponderance of the evidence.
19		(o) Repeated or continuous failure by the parents,
20		although physically and financially able, to provide the
21		child with adequate food, clothing, or shelter.
22		(p) Inability to discharge parental responsibilities
23		supported by competent evidence from a psychiatrist,
24		licensed clinical social worker, or clinical psychologist
25		of mental impairment, mental illness or an intellectual
26		disability as defined in Section 1-116 of the Mental Health

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1		and Developmental Disabilities Code, or developmental
2		disability as defined in Section 1-106 of that Code, and
3		there is sufficient justification to believe that the
4		inability to discharge parental responsibilities shall
5		extend beyond a reasonable time period. However, this
6		subdivision (p) shall not be construed so as to permit a
7		licensed clinical social worker to conduct any medical
8		diagnosis to determine mental illness or mental
9		impairment.
10		(q) (Blank).
11		(r) The child is in the temporary custody or
12		guardianship of the Department of Children and Family
13		Services, the parent is incarcerated as a result of
14		criminal conviction at the time the petition or motion for
15		termination of parental rights is filed, prior to
16		incarceration the parent had little or no contact with the
17		child or provided little or no support for the child, and
18		the parent's incarceration will prevent the parent from
19		discharging his or her parental responsibilities for the
20		child for a period in excess of 2 years after the filing of
21		the petition or motion for termination of parental rights.
22		(s) The child is in the temporary custody or
23		guardianship of the Department of Children and Family
24		Services, the parent is incarcerated at the time the
25		petition or motion for termination of parental rights is
26		filed, the parent has been repeatedly incarcerated as a

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1		result of criminal convictions, and the parent's repeated
2		incarceration has prevented the parent from discharging
3		his or her parental responsibilities for the child.
4		(t) A finding that at birth the child's blood, urine,
5		or meconium contained any amount of a controlled substance
6		as defined in subsection (f) of Section 102 of the Illinois
7		Controlled Substances Act, or a metabolite of a controlled
8		substance, with the exception of controlled substances or
9		metabolites of such substances, the presence of which in
10		the newborn infant was the result of medical treatment
11		administered to the mother or the newborn infant, and that
12		the biological mother of this child is the biological
13		mother of at least one other child who was adjudicated a
14		neglected minor under subsection (c) of Section 2-3 of the
15		Juvenile Court Act of 1987, after which the biological
16		mother had the opportunity to enroll in and participate in
17		a clinically appropriate substance abuse counseling,
18		treatment, and rehabilitation program.
19		E. "Parent" means a person who is the legal mother or legal
20		father of the child as defined in subsection X or Y of this
21		Section. For the purpose of this Act, a parent who has executed
22		a consent to adoption, a surrender, or a waiver pursuant to
23		Section 10 of this Act, who has signed a Denial of Paternity
24		pursuant to Section 12 of the Vital Records Act or Section 12a
25		of this Act, or whose parental rights have been terminated by a
26		court, is not a parent of the child who was the subject of the

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1		consent, surrender, waiver, or denial unless (1) the consent is
2		void pursuant to subsection O of Section 10 of this Act; or (2)
3		the person executed a consent to adoption by a specified person
4		or persons pursuant to subsection A-1 of Section 10 of this Act
5		and a court of competent jurisdiction finds that the consent is
6		void; or (3) the order terminating the parental rights of the
7		person is vacated by a court of competent jurisdiction.
8		F. A person is available for adoption when the person is:
9		(a) a child who has been surrendered for adoption to an
10		agency and to whose adoption the agency has thereafter
11		consented;
12		(b) a child to whose adoption a person authorized by
13		law, other than his parents, has consented, or to whose
14		adoption no consent is required pursuant to Section 8 of
15		this Act;
16		(c) a child who is in the custody of persons who intend
17		to adopt him through placement made by his parents;
18		(c-1) a child for whom a parent has signed a specific
19		consent pursuant to subsection O of Section 10;
20		(d) an adult who meets the conditions set forth in
21		Section 3 of this Act; or
22		(e) a child who has been relinquished as defined in
23		Section 10 of the Abandoned Newborn Infant Protection Act.
24		A person who would otherwise be available for adoption
25		shall not be deemed unavailable for adoption solely by reason
26		of his or her death.

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1		G. The singular includes the plural and the plural includes
2		the singular and the "male" includes the "female", as the
3		context of this Act may require.
4		H. (Blank).
5		I. "Habitual residence" has the meaning ascribed to it in
6		the federal Intercountry Adoption Act of 2000 and regulations
7		promulgated thereunder.
8		J. "Immediate relatives" means the biological parents, the
9		parents of the biological parents and siblings of the
10		biological parents.
11		K. "Intercountry adoption" is a process by which a child
12		from a country other than the United States is adopted by
13		persons who are habitual residents of the United States, or the
14		child is a habitual resident of the United States who is
15		adopted by persons who are habitual residents of a country
16		other than the United States.
17		L. (Blank).
18		M. "Interstate Compact on the Placement of Children" is a
19		law enacted by all states and certain territories for the
20		purpose of establishing uniform procedures for handling the
21		interstate placement of children in foster homes, adoptive
22		homes, or other child care facilities.
23		N. (Blank).
24		O. "Preadoption requirements" means any conditions or
25		standards established by the laws or administrative rules of
26		this State that must be met by a prospective adoptive parent

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1		prior to the placement of a child in an adoptive home.
2		P. "Abused child" means a child whose parent or immediate
3		family member, or any person responsible for the child's
4		welfare, or any individual residing in the same home as the
5		child, or a paramour of the child's parent:
6		(a) inflicts, causes to be inflicted, or allows to be
7		inflicted upon the child physical injury, by other than
8		accidental means, that causes death, disfigurement,
9		impairment of physical or emotional health, or loss or
10		impairment of any bodily function;
11		(b) creates a substantial risk of physical injury to
12		the child by other than accidental means which would be
13		likely to cause death, disfigurement, impairment of
14		physical or emotional health, or loss or impairment of any
15		bodily function;
16		(c) commits or allows to be committed any sex offense
17		against the child, as sex offenses are defined in the
18		Criminal Code of 2012 and extending those definitions of
19		sex offenses to include children under 18 years of age;
20		(d) commits or allows to be committed an act or acts of
21		torture upon the child; or
22		(e) inflicts excessive corporal punishment.
23		Q. "Neglected child" means any child whose parent or other
24		person responsible for the child's welfare withholds or denies
25		nourishment or medically indicated treatment including food or
26		care denied solely on the basis of the present or anticipated

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1		mental or physical impairment as determined by a physician
2		acting alone or in consultation with other physicians or
3		otherwise does not provide the proper or necessary support,
4		education as required by law, or medical or other remedial care
5		recognized under State law as necessary for a child's
6		well-being, or other care necessary for his or her well-being,
7		including adequate food, clothing and shelter; or who is
8		abandoned by his or her parents or other person responsible for
9		the child's welfare.
10		A child shall not be considered neglected or abused for the
11		sole reason that the child's parent or other person responsible
12		for his or her welfare depends upon spiritual means through
13		prayer alone for the treatment or cure of disease or remedial
14		care as provided under Section 4 of the Abused and Neglected
15		Child Reporting Act. A child shall not be considered neglected
16		or abused for the sole reason that the child's parent or other
17		person responsible for the child's welfare failed to vaccinate,
18		delayed vaccination, or refused vaccination for the child due
19		to a waiver on religious or medical grounds as permitted by
20		law.
21		R. "Putative father" means a man who may be a child's
22		father, but who (1) is not married to the child's mother on or
23		before the date that the child was or is to be born and (2) has
24		not established paternity of the child in a court proceeding
25		before the filing of a petition for the adoption of the child.
26		The term includes a male who is less than 18 years of age.

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1		"Putative father" does not mean a man who is the child's father
2		as a result of criminal sexual abuse or assault as defined
3		under Article 11 of the Criminal Code of 2012.
4		S. "Standby adoption" means an adoption in which a parent
5		consents to custody and termination of parental rights to
6		become effective upon the occurrence of a future event, which
7		is either the death of the parent or the request of the parent
8		for the entry of a final judgment of adoption.
9		T. (Blank).
10		T-5. "Biological parent", "birth parent", or "natural
11		parent" of a child are interchangeable terms that mean a person
12		who is biologically or genetically related to that child as a
13		parent.
14		U. "Interstate adoption" means the placement of a minor
15		child with a prospective adoptive parent for the purpose of
16		pursuing an adoption for that child that is subject to the
17		provisions of the Interstate Compact on Placement of Children.
18		V. (Blank).
19		W. (Blank).
20		X. "Legal father" of a child means a man who is recognized
21		as or presumed to be that child's father:
22		(1) because of his marriage to or civil union with the
23		child's parent at the time of the child's birth or within
24		300 days prior to that child's birth, unless he signed a
25		denial of paternity pursuant to Section 12 of the Vital
26		Records Act or a waiver pursuant to Section 10 of this Act;

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1		or
2		(2) because his paternity of the child has been
3		established pursuant to the Illinois Parentage Act, the
4		Illinois Parentage Act of 1984, or the Gestational
5		Surrogacy Act; or
6		(3) because he is listed as the child's father or
7		parent on the child's birth certificate, unless he is
8		otherwise determined by an administrative or judicial
9		proceeding not to be the parent of the child or unless he
10		rescinds his acknowledgment of paternity pursuant to the
11		Illinois Parentage Act of 1984; or
12		(4) because his paternity or adoption of the child has
13		been established by a court of competent jurisdiction.
14		The definition in this subsection X shall not be construed
15		to provide greater or lesser rights as to the number of parents
16		who can be named on a final judgment order of adoption or
17		Illinois birth certificate that otherwise exist under Illinois
18		law.
19		Y. "Legal mother" of a child means a woman who is
20		recognized as or presumed to be that child's mother:
21		(1) because she gave birth to the child except as
22		provided in the Gestational Surrogacy Act; or
23		(2) because her maternity of the child has been
24		established pursuant to the Illinois Parentage Act of 1984
25		or the Gestational Surrogacy Act; or
26		(3) because her maternity or adoption of the child has

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1		been established by a court of competent jurisdiction; or
2		(4) because of her marriage to or civil union with the
3		child's other parent at the time of the child's birth or
4		within 300 days prior to the time of birth; or
5		(5) because she is listed as the child's mother or
6		parent on the child's birth certificate unless she is
7		otherwise determined by an administrative or judicial
8		proceeding not to be the parent of the child.
9		The definition in this subsection Y shall not be construed
10		to provide greater or lesser rights as to the number of parents
11		who can be named on a final judgment order of adoption or
12		Illinois birth certificate that otherwise exist under Illinois
13		law.
14		Z. "Department" means the Illinois Department of Children
15		and Family Services.
16		AA. "Placement disruption" means a circumstance where the
17		child is removed from an adoptive placement before the adoption
18		is finalized.
19		BB. "Secondary placement" means a placement, including but
20		not limited to the placement of a ward of the Department, that
21		occurs after a placement disruption or an adoption dissolution.
22		"Secondary placement" does not mean secondary placements
23		arising due to the death of the adoptive parent of the child.
24		CC. "Adoption dissolution" means a circumstance where the
25		child is removed from an adoptive placement after the adoption
26		is finalized.

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1		DD. "Unregulated placement" means the secondary placement
2		of a child that occurs without the oversight of the courts, the
3		Department, or a licensed child welfare agency.
4		EE. "Post-placement and post-adoption support services"
5		means support services for placed or adopted children and
6		families that include, but are not limited to, counseling for
7		emotional, behavioral, or developmental needs.
8		(Source: P.A. 98-455, eff. 1-1-14; 98-532, eff. 1-1-14; 98-804,
9		eff. 1-1-15; 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; revised
10		8-4-15.)
11		(750 ILCS 50/18.06)
12		Sec. 18.06. Definitions. When used in Sections 18.05
13		through Section 18.6, for the purposes of the Registry:
14		"Adopted person" means a person who was adopted pursuant to
15		the laws in effect at the time of the adoption.
16		"Adoptive parent" means a person who has become a parent
17		through the legal process of adoption.
18		"Adult child" means the biological child 21 years of age or
19		over of a deceased adopted or surrendered person.
20		"Adult grandchild" means the biological grandchild 21
21		years of age or over of a deceased adopted or surrendered
22		person.
23		"Adult adopted or surrendered person" means an adopted or
24		surrendered person 21 years of age or over.
25		"Agency" means a public child welfare agency or a licensed

HB5540 Enrolled - 1449 - LRB099 16003 AMC 40320 b
1		child welfare agency.
2		"Birth aunt" means the adult full or half sister of a
3		deceased birth parent.
4		"Birth father" means the biological father of an adopted or
5		surrendered person who is named on the original certificate of
6		live birth or on a consent or surrender document, or a
7		biological father whose paternity has been established by a
8		judgment or order of the court, pursuant to the Illinois
9		Parentage Act of 1984 or the Illinois Parentage Act of 2015.
10		"Birth grandparent" means the biological parent of: (i) a
11		non-surrendered person who is a deceased birth mother; or (ii)
12		a non-surrendered person who is a deceased birth father.
13		"Birth mother" means the biological mother of an adopted or
14		surrendered person.
15		"Birth parent" means a birth mother or birth father of an
16		adopted or surrendered person.
17		"Birth Parent Preference Form" means the form prepared by
18		the Department of Public Health pursuant to Section 18.2
19		completed by a birth parent registrant and filed with the
20		Registry that indicates the birth parent's preferences
21		regarding contact and, if applicable, the release of his or her
22		identifying information on the non-certified copy of the
23		original birth certificate released to an adult adopted or
24		surrendered person or to the surviving adult child or surviving
25		spouse of a deceased adopted or surrendered person who has
26		filed a Request for a Non-Certified Copy of an Original Birth

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1		Certificate.
2		"Birth relative" means a birth mother, birth father, birth
3		grandparent, birth sibling, birth aunt, or birth uncle.
4		"Birth sibling" means the adult full or half sibling of an
5		adopted or surrendered person.
6		"Birth uncle" means the adult full or half brother of a
7		deceased birth parent.
8		"Confidential intermediary" means an individual certified
9		by the Department of Children and Family Services pursuant to
10		Section 18.3a(e).
11		"Denial of Information Exchange" means an affidavit
12		completed by a registrant with the Illinois Adoption Registry
13		and Medical Information Exchange denying the release of
14		identifying information which has been filed with the Registry.
15		"Information Exchange Authorization" means an affidavit
16		completed by a registrant with the Illinois Adoption Registry
17		and Medical Information Exchange authorizing the release of
18		identifying information which has been filed with the Registry.
19		"Medical Information Exchange Questionnaire" means the
20		medical history questionnaire completed by a registrant of the
21		Illinois Adoption Registry and Medical Information Exchange.
22		"Non-certified Copy of the Original Birth Certificate"
23		means a non-certified copy of the original certificate of live
24		birth of an adult adopted or surrendered person who was born in
25		Illinois.
26		"Proof of death" means a death certificate.

HB5540 Enrolled - 1451 - LRB099 16003 AMC 40320 b
1		"Registrant" or "Registered Party" means a birth parent,
2		birth grandparent, birth sibling, birth aunt, birth uncle,
3		adopted or surrendered person 21 years of age or over, adoptive
4		parent or legal guardian of an adopted or surrendered person
5		under the age of 21, or adoptive parent, surviving spouse, or
6		adult child of a deceased adopted or surrendered person who has
7		filed an Illinois Adoption Registry Application or
8		Registration Identification Form with the Registry.
9		"Registry" means the Illinois Adoption Registry and
10		Medical Information Exchange.
11		"Request for a Non-Certified Copy of an Original Birth
12		Certificate" means an affidavit completed by an adult adopted
13		or surrendered person or by the surviving adult child or
14		surviving spouse of a deceased adopted or surrendered person
15		and filed with the Registry requesting a non-certified copy of
16		an adult adopted or surrendered person's original certificate
17		of live birth in Illinois.
18		"Surrendered person" means a person whose parents' rights
19		have been surrendered or terminated but who has not been
20		adopted.
21		"Surviving spouse" means the wife or husband, 21 years of
22		age or older, of a deceased adopted or surrendered person who
23		would be 21 years of age or older if still alive and who has one
24		or more surviving biological children who are under the age of
25		21.
26		"18.3 statement" means a statement regarding the

HB5540 Enrolled - 1452 - LRB099 16003 AMC 40320 b
1		disclosure of identifying information signed by a birth parent
2		under Section 18.3 of this Act as it existed immediately prior
3		to May 21, 2010 (the effective date of Public Act 96-895) this
4		amendatory Act of the 96th General Assembly.
5		(Source: P.A. 98-704, eff. 1-1-15; 99-85, eff. 1-1-16; 99-345,
6		eff. 1-1-16; revised 10-22-15.)
7		Section 595. The Illinois Domestic Violence Act of 1986 is
8		amended by changing Sections 214 and 227 as follows:
9		(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
10		Sec. 214. Order of protection; remedies.
11		(a) Issuance of order. If the court finds that petitioner
12		has been abused by a family or household member or that
13		petitioner is a high-risk adult who has been abused, neglected,
14		or exploited, as defined in this Act, an order of protection
15		prohibiting the abuse, neglect, or exploitation shall issue;
16		provided that petitioner must also satisfy the requirements of
17		one of the following Sections, as appropriate: Section 217 on
18		emergency orders, Section 218 on interim orders, or Section 219
19		on plenary orders. Petitioner shall not be denied an order of
20		protection because petitioner or respondent is a minor. The
21		court, when determining whether or not to issue an order of
22		protection, shall not require physical manifestations of abuse
23		on the person of the victim. Modification and extension of
24		prior orders of protection shall be in accordance with this

HB5540 Enrolled - 1453 - LRB099 16003 AMC 40320 b
1		Act.
2		(b) Remedies and standards. The remedies to be included in
3		an order of protection shall be determined in accordance with
4		this Section and one of the following Sections, as appropriate:
5		Section 217 on emergency orders, Section 218 on interim orders,
6		and Section 219 on plenary orders. The remedies listed in this
7		subsection shall be in addition to other civil or criminal
8		remedies available to petitioner.
9		(1) Prohibition of abuse, neglect, or exploitation.
10		Prohibit respondent's harassment, interference with
11		personal liberty, intimidation of a dependent, physical
12		abuse, or willful deprivation, neglect or exploitation, as
13		defined in this Act, or stalking of the petitioner, as
14		defined in Section 12-7.3 of the Criminal Code of 2012, if
15		such abuse, neglect, exploitation, or stalking has
16		occurred or otherwise appears likely to occur if not
17		prohibited.
18		(2) Grant of exclusive possession of residence.
19		Prohibit respondent from entering or remaining in any
20		residence, household, or premises of the petitioner,
21		including one owned or leased by respondent, if petitioner
22		has a right to occupancy thereof. The grant of exclusive
23		possession of the residence, household, or premises shall
24		not affect title to real property, nor shall the court be
25		limited by the standard set forth in Section 701 of the
26		Illinois Marriage and Dissolution of Marriage Act.

HB5540 Enrolled - 1454 - LRB099 16003 AMC 40320 b
1		(A) Right to occupancy. A party has a right to
2		occupancy of a residence or household if it is solely
3		or jointly owned or leased by that party, that party's
4		spouse, a person with a legal duty to support that
5		party or a minor child in that party's care, or by any
6		person or entity other than the opposing party that
7		authorizes that party's occupancy (e.g., a domestic
8		violence shelter). Standards set forth in subparagraph
9		(B) shall not preclude equitable relief.
10		(B) Presumption of hardships. If petitioner and
11		respondent each has the right to occupancy of a
12		residence or household, the court shall balance (i) the
13		hardships to respondent and any minor child or
14		dependent adult in respondent's care resulting from
15		entry of this remedy with (ii) the hardships to
16		petitioner and any minor child or dependent adult in
17		petitioner's care resulting from continued exposure to
18		the risk of abuse (should petitioner remain at the
19		residence or household) or from loss of possession of
20		the residence or household (should petitioner leave to
21		avoid the risk of abuse). When determining the balance
22		of hardships, the court shall also take into account
23		the accessibility of the residence or household.
24		Hardships need not be balanced if respondent does not
25		have a right to occupancy.
26		The balance of hardships is presumed to favor

HB5540 Enrolled - 1455 - LRB099 16003 AMC 40320 b
1		possession by petitioner unless the presumption is
2		rebutted by a preponderance of the evidence, showing
3		that the hardships to respondent substantially
4		outweigh the hardships to petitioner and any minor
5		child or dependent adult in petitioner's care. The
6		court, on the request of petitioner or on its own
7		motion, may order respondent to provide suitable,
8		accessible, alternate housing for petitioner instead
9		of excluding respondent from a mutual residence or
10		household.
11		(3) Stay away order and additional prohibitions. Order
12		respondent to stay away from petitioner or any other person
13		protected by the order of protection, or prohibit
14		respondent from entering or remaining present at
15		petitioner's school, place of employment, or other
16		specified places at times when petitioner is present, or
17		both, if reasonable, given the balance of hardships.
18		Hardships need not be balanced for the court to enter a
19		stay away order or prohibit entry if respondent has no
20		right to enter the premises.
21		(A) If an order of protection grants petitioner
22		exclusive possession of the residence, or prohibits
23		respondent from entering the residence, or orders
24		respondent to stay away from petitioner or other
25		protected persons, then the court may allow respondent
26		access to the residence to remove items of clothing and

HB5540 Enrolled - 1456 - LRB099 16003 AMC 40320 b
1		personal adornment used exclusively by respondent,
2		medications, and other items as the court directs. The
3		right to access shall be exercised on only one occasion
4		as the court directs and in the presence of an
5		agreed-upon adult third party or law enforcement
6		officer.
7		(B) When the petitioner and the respondent attend
8		the same public, private, or non-public elementary,
9		middle, or high school, the court when issuing an order
10		of protection and providing relief shall consider the
11		severity of the act, any continuing physical danger or
12		emotional distress to the petitioner, the educational
13		rights guaranteed to the petitioner and respondent
14		under federal and State law, the availability of a
15		transfer of the respondent to another school, a change
16		of placement or a change of program of the respondent,
17		the expense, difficulty, and educational disruption
18		that would be caused by a transfer of the respondent to
19		another school, and any other relevant facts of the
20		case. The court may order that the respondent not
21		attend the public, private, or non-public elementary,
22		middle, or high school attended by the petitioner,
23		order that the respondent accept a change of placement
24		or change of program, as determined by the school
25		district or private or non-public school, or place
26		restrictions on the respondent's movements within the

HB5540 Enrolled - 1457 - LRB099 16003 AMC 40320 b
1		school attended by the petitioner. The respondent
2		bears the burden of proving by a preponderance of the
3		evidence that a transfer, change of placement, or
4		change of program of the respondent is not available.
5		The respondent also bears the burden of production with
6		respect to the expense, difficulty, and educational
7		disruption that would be caused by a transfer of the
8		respondent to another school. A transfer, change of
9		placement, or change of program is not unavailable to
10		the respondent solely on the ground that the respondent
11		does not agree with the school district's or private or
12		non-public school's transfer, change of placement, or
13		change of program or solely on the ground that the
14		respondent fails or refuses to consent or otherwise
15		does not take an action required to effectuate a
16		transfer, change of placement, or change of program.
17		When a court orders a respondent to stay away from the
18		public, private, or non-public school attended by the
19		petitioner and the respondent requests a transfer to
20		another attendance center within the respondent's
21		school district or private or non-public school, the
22		school district or private or non-public school shall
23		have sole discretion to determine the attendance
24		center to which the respondent is transferred. In the
25		event the court order results in a transfer of the
26		minor respondent to another attendance center, a

HB5540 Enrolled - 1458 - LRB099 16003 AMC 40320 b
1		change in the respondent's placement, or a change of
2		the respondent's program, the parents, guardian, or
3		legal custodian of the respondent is responsible for
4		transportation and other costs associated with the
5		transfer or change.
6		(C) The court may order the parents, guardian, or
7		legal custodian of a minor respondent to take certain
8		actions or to refrain from taking certain actions to
9		ensure that the respondent complies with the order. In
10		the event the court orders a transfer of the respondent
11		to another school, the parents, guardian, or legal
12		custodian of the respondent is responsible for
13		transportation and other costs associated with the
14		change of school by the respondent.
15		(4) Counseling. Require or recommend the respondent to
16		undergo counseling for a specified duration with a social
17		worker, psychologist, clinical psychologist, psychiatrist,
18		family service agency, alcohol or substance abuse program,
19		mental health center guidance counselor, agency providing
20		services to elders, program designed for domestic violence
21		abusers or any other guidance service the court deems
22		appropriate. The Court may order the respondent in any
23		intimate partner relationship to report to an Illinois
24		Department of Human Services protocol approved partner
25		abuse intervention program for an assessment and to follow
26		all recommended treatment.

HB5540 Enrolled - 1459 - LRB099 16003 AMC 40320 b
1		(5) Physical care and possession of the minor child. In
2		order to protect the minor child from abuse, neglect, or
3		unwarranted separation from the person who has been the
4		minor child's primary caretaker, or to otherwise protect
5		the well-being of the minor child, the court may do either
6		or both of the following: (i) grant petitioner physical
7		care or possession of the minor child, or both, or (ii)
8		order respondent to return a minor child to, or not remove
9		a minor child from, the physical care of a parent or person
10		in loco parentis.
11		If a court finds, after a hearing, that respondent has
12		committed abuse (as defined in Section 103) of a minor
13		child, there shall be a rebuttable presumption that
14		awarding physical care to respondent would not be in the
15		minor child's best interest.
16		(6) Temporary allocation of parental responsibilities:
17		significant decision-making. Award temporary
18		decision-making responsibility to petitioner in accordance
19		with this Section, the Illinois Marriage and Dissolution of
20		Marriage Act, the Illinois Parentage Act of 2015, and this
21		State's Uniform Child-Custody Jurisdiction and Enforcement
22		Act.
23		If a court finds, after a hearing, that respondent has
24		committed abuse (as defined in Section 103) of a minor
25		child, there shall be a rebuttable presumption that
26		awarding temporary significant decision-making

HB5540 Enrolled - 1460 - LRB099 16003 AMC 40320 b
1		responsibility to respondent would not be in the child's
2		best interest.
3		(7) Parenting time. Determine the parenting time, if
4		any, of respondent in any case in which the court awards
5		physical care or allocates temporary significant
6		decision-making responsibility of a minor child to
7		petitioner. The court shall restrict or deny respondent's
8		parenting time with a minor child if the court finds that
9		respondent has done or is likely to do any of the
10		following: (i) abuse or endanger the minor child during
11		parenting time; (ii) use the parenting time as an
12		opportunity to abuse or harass petitioner or petitioner's
13		family or household members; (iii) improperly conceal or
14		detain the minor child; or (iv) otherwise act in a manner
15		that is not in the best interests of the minor child. The
16		court shall not be limited by the standards set forth in
17		Section 603.10 of the Illinois Marriage and Dissolution of
18		Marriage Act. If the court grants parenting time, the order
19		shall specify dates and times for the parenting time to
20		take place or other specific parameters or conditions that
21		are appropriate. No order for parenting time shall refer
22		merely to the term "reasonable parenting time".
23		Petitioner may deny respondent access to the minor
24		child if, when respondent arrives for parenting time,
25		respondent is under the influence of drugs or alcohol and
26		constitutes a threat to the safety and well-being of

HB5540 Enrolled - 1461 - LRB099 16003 AMC 40320 b
1		petitioner or petitioner's minor children or is behaving in
2		a violent or abusive manner.
3		If necessary to protect any member of petitioner's
4		family or household from future abuse, respondent shall be
5		prohibited from coming to petitioner's residence to meet
6		the minor child for parenting time, and the parties shall
7		submit to the court their recommendations for reasonable
8		alternative arrangements for parenting time. A person may
9		be approved to supervise parenting time only after filing
10		an affidavit accepting that responsibility and
11		acknowledging accountability to the court.
12		(8) Removal or concealment of minor child. Prohibit
13		respondent from removing a minor child from the State or
14		concealing the child within the State.
15		(9) Order to appear. Order the respondent to appear in
16		court, alone or with a minor child, to prevent abuse,
17		neglect, removal or concealment of the child, to return the
18		child to the custody or care of the petitioner or to permit
19		any court-ordered interview or examination of the child or
20		the respondent.
21		(10) Possession of personal property. Grant petitioner
22		exclusive possession of personal property and, if
23		respondent has possession or control, direct respondent to
24		promptly make it available to petitioner, if:
25		(i) petitioner, but not respondent, owns the
26		property; or

HB5540 Enrolled - 1462 - LRB099 16003 AMC 40320 b
1		(ii) the parties own the property jointly; sharing
2		it would risk abuse of petitioner by respondent or is
3		impracticable; and the balance of hardships favors
4		temporary possession by petitioner.
5		If petitioner's sole claim to ownership of the property
6		is that it is marital property, the court may award
7		petitioner temporary possession thereof under the
8		standards of subparagraph (ii) of this paragraph only if a
9		proper proceeding has been filed under the Illinois
10		Marriage and Dissolution of Marriage Act, as now or
11		hereafter amended.
12		No order under this provision shall affect title to
13		property.
14		(11) Protection of property. Forbid the respondent
15		from taking, transferring, encumbering, concealing,
16		damaging or otherwise disposing of any real or personal
17		property, except as explicitly authorized by the court, if:
18		(i) petitioner, but not respondent, owns the
19		property; or
20		(ii) the parties own the property jointly, and the
21		balance of hardships favors granting this remedy.
22		If petitioner's sole claim to ownership of the property
23		is that it is marital property, the court may grant
24		petitioner relief under subparagraph (ii) of this
25		paragraph only if a proper proceeding has been filed under
26		the Illinois Marriage and Dissolution of Marriage Act, as

HB5540 Enrolled - 1463 - LRB099 16003 AMC 40320 b
1		now or hereafter amended.
2		The court may further prohibit respondent from
3		improperly using the financial or other resources of an
4		aged member of the family or household for the profit or
5		advantage of respondent or of any other person.
6		(11.5) Protection of animals. Grant the petitioner the
7		exclusive care, custody, or control of any animal owned,
8		possessed, leased, kept, or held by either the petitioner
9		or the respondent or a minor child residing in the
10		residence or household of either the petitioner or the
11		respondent and order the respondent to stay away from the
12		animal and forbid the respondent from taking,
13		transferring, encumbering, concealing, harming, or
14		otherwise disposing of the animal.
15		(12) Order for payment of support. Order respondent to
16		pay temporary support for the petitioner or any child in
17		the petitioner's care or over whom the petitioner has been
18		allocated parental responsibility, when the respondent has
19		a legal obligation to support that person, in accordance
20		with the Illinois Marriage and Dissolution of Marriage Act,
21		which shall govern, among other matters, the amount of
22		support, payment through the clerk and withholding of
23		income to secure payment. An order for child support may be
24		granted to a petitioner with lawful physical care of a
25		child, or an order or agreement for physical care of a
26		child, prior to entry of an order allocating significant

HB5540 Enrolled - 1464 - LRB099 16003 AMC 40320 b
1		decision-making responsibility. Such a support order shall
2		expire upon entry of a valid order allocating parental
3		responsibility differently and vacating the petitioner's
4		significant decision-making authority, unless otherwise
5		provided in the order.
6		(13) Order for payment of losses. Order respondent to
7		pay petitioner for losses suffered as a direct result of
8		the abuse, neglect, or exploitation. Such losses shall
9		include, but not be limited to, medical expenses, lost
10		earnings or other support, repair or replacement of
11		property damaged or taken, reasonable attorney's fees,
12		court costs and moving or other travel expenses, including
13		additional reasonable expenses for temporary shelter and
14		restaurant meals.
15		(i) Losses affecting family needs. If a party is
16		entitled to seek maintenance, child support or
17		property distribution from the other party under the
18		Illinois Marriage and Dissolution of Marriage Act, as
19		now or hereafter amended, the court may order
20		respondent to reimburse petitioner's actual losses, to
21		the extent that such reimbursement would be
22		"appropriate temporary relief", as authorized by
23		subsection (a)(3) of Section 501 of that Act.
24		(ii) Recovery of expenses. In the case of an
25		improper concealment or removal of a minor child, the
26		court may order respondent to pay the reasonable

HB5540 Enrolled - 1465 - LRB099 16003 AMC 40320 b
1		expenses incurred or to be incurred in the search for
2		and recovery of the minor child, including but not
3		limited to legal fees, court costs, private
4		investigator fees, and travel costs.
5		(14) Prohibition of entry. Prohibit the respondent
6		from entering or remaining in the residence or household
7		while the respondent is under the influence of alcohol or
8		drugs and constitutes a threat to the safety and well-being
9		of the petitioner or the petitioner's children.
10		(14.5) Prohibition of firearm possession.
11		(a) Prohibit a respondent against whom an order of
12		protection was issued from possessing any firearms
13		during the duration of the order if the order:
14		(1) was issued after a hearing of which such
15		person received actual notice, and at which such
16		person had an opportunity to participate;
17		(2) restrains such person from harassing,
18		stalking, or threatening an intimate partner of
19		such person or child of such intimate partner or
20		person, or engaging in other conduct that would
21		place an intimate partner in reasonable fear of
22		bodily injury to the partner or child; and
23		(3)(i) includes a finding that such person
24		represents a credible threat to the physical
25		safety of such intimate partner or child; or (ii)
26		by its terms explicitly prohibits the use,

HB5540 Enrolled - 1466 - LRB099 16003 AMC 40320 b
1		attempted use, or threatened use of physical force
2		against such intimate partner or child that would
3		reasonably be expected to cause bodily injury.
4		Any Firearm Owner's Identification Card in the
5		possession of the respondent, except as provided in
6		subsection (b), shall be ordered by the court to be
7		turned over to the local law enforcement agency. The
8		local law enforcement agency shall immediately mail
9		the card to the Department of State Police Firearm
10		Owner's Identification Card Office for safekeeping.
11		The court shall issue a warrant for seizure of any
12		firearm in the possession of the respondent, to be kept
13		by the local law enforcement agency for safekeeping,
14		except as provided in subsection (b). The period of
15		safekeeping shall be for the duration of the order of
16		protection. The firearm or firearms and Firearm
17		Owner's Identification Card, if unexpired, shall at
18		the respondent's request, be returned to the
19		respondent at the end of the order of protection. It is
20		the respondent's responsibility to notify the
21		Department of State Police Firearm Owner's
22		Identification Card Office.
23		(b) If the respondent is a peace officer as defined
24		in Section 2-13 of the Criminal Code of 2012, the court
25		shall order that any firearms used by the respondent in
26		the performance of his or her duties as a peace officer

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1		be surrendered to the chief law enforcement executive
2		of the agency in which the respondent is employed, who
3		shall retain the firearms for safekeeping for the
4		duration of the order of protection.
5		(c) Upon expiration of the period of safekeeping,
6		if the firearms or Firearm Owner's Identification Card
7		cannot be returned to respondent because respondent
8		cannot be located, fails to respond to requests to
9		retrieve the firearms, or is not lawfully eligible to
10		possess a firearm, upon petition from the local law
11		enforcement agency, the court may order the local law
12		enforcement agency to destroy the firearms, use the
13		firearms for training purposes, or for any other
14		application as deemed appropriate by the local law
15		enforcement agency; or that the firearms be turned over
16		to a third party who is lawfully eligible to possess
17		firearms, and who does not reside with respondent.
18		(15) Prohibition of access to records. If an order of
19		protection prohibits respondent from having contact with
20		the minor child, or if petitioner's address is omitted
21		under subsection (b) of Section 203, or if necessary to
22		prevent abuse or wrongful removal or concealment of a minor
23		child, the order shall deny respondent access to, and
24		prohibit respondent from inspecting, obtaining, or
25		attempting to inspect or obtain, school or any other
26		records of the minor child who is in the care of

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1		petitioner.
2		(16) Order for payment of shelter services. Order
3		respondent to reimburse a shelter providing temporary
4		housing and counseling services to the petitioner for the
5		cost of the services, as certified by the shelter and
6		deemed reasonable by the court.
7		(17) Order for injunctive relief. Enter injunctive
8		relief necessary or appropriate to prevent further abuse of
9		a family or household member or further abuse, neglect, or
10		exploitation of a high-risk adult with disabilities or to
11		effectuate one of the granted remedies, if supported by the
12		balance of hardships. If the harm to be prevented by the
13		injunction is abuse or any other harm that one of the
14		remedies listed in paragraphs (1) through (16) of this
15		subsection is designed to prevent, no further evidence is
16		necessary that the harm is an irreparable injury.
17		(c) Relevant factors; findings.
18		(1) In determining whether to grant a specific remedy,
19		other than payment of support, the court shall consider
20		relevant factors, including but not limited to the
21		following:
22		(i) the nature, frequency, severity, pattern and
23		consequences of the respondent's past abuse, neglect
24		or exploitation of the petitioner or any family or
25		household member, including the concealment of his or
26		her location in order to evade service of process or

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1		notice, and the likelihood of danger of future abuse,
2		neglect, or exploitation to petitioner or any member of
3		petitioner's or respondent's family or household; and
4		(ii) the danger that any minor child will be abused
5		or neglected or improperly relocated from the
6		jurisdiction, improperly concealed within the State or
7		improperly separated from the child's primary
8		caretaker.
9		(2) In comparing relative hardships resulting to the
10		parties from loss of possession of the family home, the
11		court shall consider relevant factors, including but not
12		limited to the following:
13		(i) availability, accessibility, cost, safety,
14		adequacy, location and other characteristics of
15		alternate housing for each party and any minor child or
16		dependent adult in the party's care;
17		(ii) the effect on the party's employment; and
18		(iii) the effect on the relationship of the party,
19		and any minor child or dependent adult in the party's
20		care, to family, school, church and community.
21		(3) Subject to the exceptions set forth in paragraph
22		(4) of this subsection, the court shall make its findings
23		in an official record or in writing, and shall at a minimum
24		set forth the following:
25		(i) That the court has considered the applicable
26		relevant factors described in paragraphs (1) and (2) of

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1		this subsection.
2		(ii) Whether the conduct or actions of respondent,
3		unless prohibited, will likely cause irreparable harm
4		or continued abuse.
5		(iii) Whether it is necessary to grant the
6		requested relief in order to protect petitioner or
7		other alleged abused persons.
8		(4) For purposes of issuing an ex parte emergency order
9		of protection, the court, as an alternative to or as a
10		supplement to making the findings described in paragraphs
11		(c)(3)(i) through (c)(3)(iii) of this subsection, may use
12		the following procedure:
13		When a verified petition for an emergency order of
14		protection in accordance with the requirements of Sections
15		203 and 217 is presented to the court, the court shall
16		examine petitioner on oath or affirmation. An emergency
17		order of protection shall be issued by the court if it
18		appears from the contents of the petition and the
19		examination of petitioner that the averments are
20		sufficient to indicate abuse by respondent and to support
21		the granting of relief under the issuance of the emergency
22		order of protection.
23		(5) Never married parties. No rights or
24		responsibilities for a minor child born outside of marriage
25		attach to a putative father until a father and child
26		relationship has been established under the Illinois

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1		Parentage Act of 1984, the Illinois Parentage Act of 2015,
2		the Illinois Public Aid Code, Section 12 of the Vital
3		Records Act, the Juvenile Court Act of 1987, the Probate
4		Act of 1985, the Revised Uniform Reciprocal Enforcement of
5		Support Act, the Uniform Interstate Family Support Act, the
6		Expedited Child Support Act of 1990, any judicial,
7		administrative, or other act of another state or territory,
8		any other Illinois statute, or by any foreign nation
9		establishing the father and child relationship, any other
10		proceeding substantially in conformity with the Personal
11		Responsibility and Work Opportunity Reconciliation Act of
12		1996 (Pub. L. 104-193), or where both parties appeared in
13		open court or at an administrative hearing acknowledging
14		under oath or admitting by affirmation the existence of a
15		father and child relationship. Absent such an
16		adjudication, finding, or acknowledgement, no putative
17		father shall be granted temporary allocation of parental
18		responsibilities, including parenting time with the minor
19		child, or physical care and possession of the minor child,
20		nor shall an order of payment for support of the minor
21		child be entered.
22		(d) Balance of hardships; findings. If the court finds that
23		the balance of hardships does not support the granting of a
24		remedy governed by paragraph (2), (3), (10), (11), or (16) of
25		subsection (b) of this Section, which may require such
26		balancing, the court's findings shall so indicate and shall

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1		include a finding as to whether granting the remedy will result
2		in hardship to respondent that would substantially outweigh the
3		hardship to petitioner from denial of the remedy. The findings
4		shall be an official record or in writing.
5		(e) Denial of remedies. Denial of any remedy shall not be
6		based, in whole or in part, on evidence that:
7		(1) Respondent has cause for any use of force, unless
8		that cause satisfies the standards for justifiable use of
9		force provided by Article 7 of the Criminal Code of 2012;
10		(2) Respondent was voluntarily intoxicated;
11		(3) Petitioner acted in self-defense or defense of
12		another, provided that, if petitioner utilized force, such
13		force was justifiable under Article 7 of the Criminal Code
14		of 2012;
15		(4) Petitioner did not act in self-defense or defense
16		of another;
17		(5) Petitioner left the residence or household to avoid
18		further abuse, neglect, or exploitation by respondent;
19		(6) Petitioner did not leave the residence or household
20		to avoid further abuse, neglect, or exploitation by
21		respondent;
22		(7) Conduct by any family or household member excused
23		the abuse, neglect, or exploitation by respondent, unless
24		that same conduct would have excused such abuse, neglect,
25		or exploitation if the parties had not been family or
26		household members.

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1		(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; revised
2		10-19-15.)
3		(750 ILCS 60/227) (from Ch. 40, par. 2312-27)
4		Sec. 227. Privileged communications between domestic
5		violence counselors and victims.
6		(a) As used in this Section:
7		(1) "Domestic violence program" means any unit of local
8		government, organization, or association whose major
9		purpose is to provide one or more of the following:
10		information, crisis intervention, emergency shelter,
11		referral, counseling, advocacy, or emotional support to
12		victims of domestic violence.
13		(2) "Domestic violence advocate or counselor" means
14		any person (A) who has undergone a minimum of forty hours
15		of training in domestic violence advocacy, crisis
16		intervention, and related areas, and (B) who provides
17		services to victims through a domestic violence program
18		either on an employed or volunteer basis.
19		(3) "Confidential communication" means any
20		communication between an alleged victim of domestic
21		violence and a domestic violence advocate or counselor in
22		the course of providing information, counseling, or
23		advocacy. The term includes all records kept by the
24		advocate or counselor or by the domestic violence program
25		in the course of providing services to an alleged victim

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1		concerning the alleged victim and the services provided.
2		The confidential nature of the communication is not waived
3		by the presence at the time of the communication of any
4		additional persons, including but not limited to an
5		interpreter, to further express the interests of the
6		domestic violence victim or by the advocate's or
7		counselor's disclosure to such an additional person with
8		the consent of the victim when reasonably necessary to
9		accomplish the purpose for which the advocate or counselor
10		is consulted.
11		(4) "Domestic violence victim" means any person who
12		consults a domestic violence counselor for the purpose of
13		securing advice, counseling or assistance related to one or
14		more alleged incidents of domestic violence.
15		(5) "Domestic violence" means abuse as defined in this
16		Act the Illinois Domestic Violence Act.
17		(b) No domestic violence advocate or counselor shall
18		disclose any confidential communication or be examined as a
19		witness in any civil or criminal case or proceeding or in any
20		legislative or administrative proceeding without the written
21		consent of the domestic violence victim except (1) in
22		accordance with the provisions of the Abused and Neglected
23		Child Reporting Act or (2) in cases where failure to disclose
24		is likely to result in an imminent risk of serious bodily harm
25		or death of the victim or another person.
26		(c) A domestic violence advocate or counselor who knowingly

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1		discloses any confidential communication in violation of this
2		Act commits a Class A misdemeanor.
3		(d) When a domestic violence victim is deceased or has been
4		adjudged incompetent by a court of competent jurisdiction, the
5		guardian of the domestic violence victim or the executor or
6		administrator of the estate of the domestic violence victim may
7		waive the privilege established by this Section, except where
8		the guardian, executor or administrator of the estate has been
9		charged with a violent crime against the domestic violence
10		victim or has had an Order of Protection entered against him or
11		her at the request of or on behalf of the domestic violence
12		victim or otherwise has an interest adverse to that of the
13		domestic violence victim with respect to the waiver of the
14		privilege. In that case, the court shall appoint an attorney
15		for the estate of the domestic violence victim.
16		(e) A minor may knowingly waive the privilege established
17		by this Section. Where a minor is, in the opinion of the court,
18		incapable of knowingly waiving the privilege, the parent or
19		guardian of the minor may waive the privilege on behalf of the
20		minor, except where such parent or guardian has been charged
21		with a violent crime against the minor or has had an Order of
22		Protection entered against him or her on request of or on
23		behalf of the minor or otherwise has any interest adverse to
24		that of the minor with respect to the waiver of the privilege.
25		In that case, the court shall appoint an attorney for the minor
26		child who shall be compensated in accordance with Section 506

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1		of the Illinois Marriage and Dissolution of Marriage Act.
2		(f) Nothing in this Section shall be construed to limit in
3		any way any privilege that might otherwise exist under statute
4		or common law.
5		(g) The assertion of any privilege under this Section shall
6		not result in an inference unfavorable to the State's cause or
7		to the cause of the domestic violence victim.
8		(Source: P.A. 87-1186; revised 10-20-15.)
9		Section 600. The Probate Act of 1975 is amended by changing
10		Sections 11a-4, 11a-10, and 11a-18 as follows:
11		(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
12		Sec. 11a-4. Temporary guardian.
13		(a) Prior to the appointment of a guardian under this
14		Article, pending an appeal in relation to the appointment, or
15		pending the completion of a citation proceeding brought
16		pursuant to Section 23-3 of this Act, or upon a guardian's
17		death, incapacity, or resignation, the court may appoint a
18		temporary guardian upon a showing of the necessity therefor for
19		the immediate welfare and protection of the alleged person with
20		a disability or his or her estate on such notice and subject to
21		such conditions as the court may prescribe. In determining the
22		necessity for temporary guardianship, the immediate welfare
23		and protection of the alleged person with a disability and his
24		or her estate shall be of paramount concern, and the interests

HB5540 Enrolled - 1477 - LRB099 16003 AMC 40320 b
1		of the petitioner, any care provider, or any other party shall
2		not outweigh the interests of the alleged person with a
3		disability. The temporary guardian shall have the limited
4		powers and duties of a guardian of the person or of the estate
5		which are specifically enumerated by court order. The court
6		order shall state the actual harm identified by the court that
7		necessitates temporary guardianship or any extension thereof.
8		(b) The temporary guardianship shall expire within 60 days
9		after the appointment or whenever a guardian is regularly
10		appointed, whichever occurs first. No extension shall be
11		granted except:
12		(1) In a case where there has been an adjudication of
13		disability, an extension shall be granted:
14		(i) pending the disposition on appeal of an
15		adjudication of disability;
16		(ii) pending the completion of a citation
17		proceeding brought pursuant to Section 23-3;
18		(iii) pending the appointment of a successor
19		guardian in a case where the former guardian has
20		resigned, has become incapacitated, or is deceased; or
21		(iv) where the guardian's powers have been
22		suspended pursuant to a court order.
23		(2) In a case where there has not been an adjudication
24		of disability, an extension shall be granted pending the
25		disposition of a petition brought pursuant to Section 11a-8
26		so long as the court finds it is in the best interest of

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1		the alleged person with a disability to extend the
2		temporary guardianship so as to protect the alleged person
3		with a disability from any potential abuse, neglect,
4		self-neglect, exploitation, or other harm and such
5		extension lasts no more than 120 days from the date the
6		temporary guardian was originally appointed.
7		The ward shall have the right any time after the
8		appointment of a temporary guardian is made to petition the
9		court to revoke the appointment of the temporary guardian.
10		(Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15; revised
11		10-21-15.)
12		(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
13		Sec. 11a-10. Procedures preliminary to hearing.
14		(a) Upon the filing of a petition pursuant to Section
15		11a-8, the court shall set a date and place for hearing to take
16		place within 30 days. The court shall appoint a guardian ad
17		litem to report to the court concerning the respondent's best
18		interests consistent with the provisions of this Section,
19		except that the appointment of a guardian ad litem shall not be
20		required when the court determines that such appointment is not
21		necessary for the protection of the respondent or a reasonably
22		informed decision on the petition. If the guardian ad litem is
23		not a licensed attorney, he or she shall be qualified, by
24		training or experience, to work with or advocate for persons
25		with developmental disabilities, the mentally ill, persons

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1		with physical disabilities, the elderly, or persons with a
2		disability due to mental deterioration, depending on the type
3		of disability that is alleged in the petition. The court may
4		allow the guardian ad litem reasonable compensation. The
5		guardian ad litem may consult with a person who by training or
6		experience is qualified to work with persons with a
7		developmental disability, persons with mental illness, persons
8		with physical disabilities, or persons with a disability due to
9		mental deterioration, depending on the type of disability that
10		is alleged. The guardian ad litem shall personally observe the
11		respondent prior to the hearing and shall inform him orally and
12		in writing of the contents of the petition and of his rights
13		under Section 11a-11. The guardian ad litem shall also attempt
14		to elicit the respondent's position concerning the
15		adjudication of disability, the proposed guardian, a proposed
16		change in residential placement, changes in care that might
17		result from the guardianship, and other areas of inquiry deemed
18		appropriate by the court. Notwithstanding any provision in the
19		Mental Health and Developmental Disabilities Confidentiality
20		Act or any other law, a guardian ad litem shall have the right
21		to inspect and copy any medical or mental health record of the
22		respondent which the guardian ad litem deems necessary,
23		provided that the information so disclosed shall not be
24		utilized for any other purpose nor be redisclosed except in
25		connection with the proceedings. At or before the hearing, the
26		guardian ad litem shall file a written report detailing his or

HB5540 Enrolled - 1480 - LRB099 16003 AMC 40320 b
1		her observations of the respondent, the responses of the
2		respondent to any of the inquiries inquires detailed in this
3		Section, the opinion of the guardian ad litem or other
4		professionals with whom the guardian ad litem consulted
5		concerning the appropriateness of guardianship, and any other
6		material issue discovered by the guardian ad litem. The
7		guardian ad litem shall appear at the hearing and testify as to
8		any issues presented in his or her report.
9		(b) The court (1) may appoint counsel for the respondent,
10		if the court finds that the interests of the respondent will be
11		best served by the appointment, and (2) shall appoint counsel
12		upon respondent's request or if the respondent takes a position
13		adverse to that of the guardian ad litem. The respondent shall
14		be permitted to obtain the appointment of counsel either at the
15		hearing or by any written or oral request communicated to the
16		court prior to the hearing. The summons shall inform the
17		respondent of this right to obtain appointed counsel. The court
18		may allow counsel for the respondent reasonable compensation.
19		(c) If the respondent is unable to pay the fee of the
20		guardian ad litem or appointed counsel, or both, the court may
21		enter an order for the petitioner to pay all such fees or such
22		amounts as the respondent or the respondent's estate may be
23		unable to pay. However, in cases where the Office of State
24		Guardian is the petitioner, consistent with Section 30 of the
25		Guardianship and Advocacy Act, where the public guardian is the
26		petitioner, consistent with Section 13-5 of this Act the

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1		Probate Act of 1975, where an adult protective services agency
2		is the petitioner, pursuant to Section 9 of the Adult
3		Protective Services Act, or where the Department of Children
4		and Family Services is the petitioner under subparagraph (d) of
5		subsection (1) of Section 2-27 of the Juvenile Court Act of
6		1987, no guardian ad litem or legal fees shall be assessed
7		against the Office of State Guardian, the public guardian, the
8		adult protective services agency, or the Department of Children
9		and Family Services.
10		(d) The hearing may be held at such convenient place as the
11		court directs, including at a facility in which the respondent
12		resides.
13		(e) Unless he is the petitioner, the respondent shall be
14		personally served with a copy of the petition and a summons not
15		less than 14 days before the hearing. The summons shall be
16		printed in large, bold type and shall include the following
17		notice:
18		NOTICE OF RIGHTS OF RESPONDENT
19		You have been named as a respondent in a guardianship
20		petition asking that you be declared a person with a
21		disability. If the court grants the petition, a guardian will
22		be appointed for you. A copy of the guardianship petition is
23		attached for your convenience.
24		The date and time of the hearing are:
25		The place where the hearing will occur is:
26		The Judge's name and phone number is:

HB5540 Enrolled - 1482 - LRB099 16003 AMC 40320 b
1		If a guardian is appointed for you, the guardian may be
2		given the right to make all important personal decisions for
3		you, such as where you may live, what medical treatment you may
4		receive, what places you may visit, and who may visit you. A
5		guardian may also be given the right to control and manage your
6		money and other property, including your home, if you own one.
7		You may lose the right to make these decisions for yourself.
8		You have the following legal rights:
9		(1) You have the right to be present at the court
10		hearing.
11		(2) You have the right to be represented by a lawyer,
12		either one that you retain, or one appointed by the Judge.
13		(3) You have the right to ask for a jury of six persons
14		to hear your case.
15		(4) You have the right to present evidence to the court
16		and to confront and cross-examine witnesses.
17		(5) You have the right to ask the Judge to appoint an
18		independent expert to examine you and give an opinion about
19		your need for a guardian.
20		(6) You have the right to ask that the court hearing be
21		closed to the public.
22		(7) You have the right to tell the court whom you
23		prefer to have for your guardian.
24		You do not have to attend the court hearing if you do not
25		want to be there. If you do not attend, the Judge may appoint a
26		guardian if the Judge finds that a guardian would be of benefit

HB5540 Enrolled - 1483 - LRB099 16003 AMC 40320 b
1		to you. The hearing will not be postponed or canceled if you do
2		not attend.
3		IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
4		NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
5		PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
6		IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
7		PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
8		TELL THE JUDGE.
9		Service of summons and the petition may be made by a
10		private person 18 years of age or over who is not a party to the
11		action.
12		(f) Notice of the time and place of the hearing shall be
13		given by the petitioner by mail or in person to those persons,
14		including the proposed guardian, whose names and addresses
15		appear in the petition and who do not waive notice, not less
16		than 14 days before the hearing.
17		(Source: P.A. 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756,
18		eff. 7-16-14; 99-143, eff. 7-27-15; revised 10-19-15.)
19		(755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
20		Sec. 11a-18. Duties of the estate guardian.
21		(a) To the extent specified in the order establishing the
22		guardianship, the guardian of the estate shall have the care,
23		management and investment of the estate, shall manage the
24		estate frugally and shall apply the income and principal of the
25		estate so far as necessary for the comfort and suitable support

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1		and education of the ward, his minor and adult dependent
2		children, and persons related by blood or marriage who are
3		dependent upon or entitled to support from him, or for any
4		other purpose which the court deems to be for the best
5		interests of the ward, and the court may approve the making on
6		behalf of the ward of such agreements as the court determines
7		to be for the ward's best interests. The guardian may make
8		disbursement of his ward's funds and estate directly to the
9		ward or other distributee or in such other manner and in such
10		amounts as the court directs. If the estate of a ward is
11		derived in whole or in part from payments of compensation,
12		adjusted compensation, pension, insurance or other similar
13		benefits made directly to the estate by the Veterans
14		Administration, notice of the application for leave to invest
15		or expend the ward's funds or estate, together with a copy of
16		the petition and proposed order, shall be given to the
17		Veterans' Administration Regional Office in this State at least
18		7 days before the hearing on the application.
19		(a-5) The probate court, upon petition of a guardian, other
20		than the guardian of a minor, and after notice to all other
21		persons interested as the court directs, may authorize the
22		guardian to exercise any or all powers over the estate and
23		business affairs of the ward that the ward could exercise if
24		present and not under disability. The court may authorize the
25		taking of an action or the application of funds not required
26		for the ward's current and future maintenance and support in

HB5540 Enrolled - 1485 - LRB099 16003 AMC 40320 b
1		any manner approved by the court as being in keeping with the
2		ward's wishes so far as they can be ascertained. The court must
3		consider the permanence of the ward's disabling condition and
4		the natural objects of the ward's bounty. In ascertaining and
5		carrying out the ward's wishes the court may consider, but
6		shall not be limited to, minimization of State or federal
7		income, estate, or inheritance taxes; and providing gifts to
8		charities, relatives, and friends that would be likely
9		recipients of donations from the ward. The ward's wishes as
10		best they can be ascertained shall be carried out, whether or
11		not tax savings are involved. Actions or applications of funds
12		may include, but shall not be limited to, the following:
13		(1) making gifts of income or principal, or both, of
14		the estate, either outright or in trust;
15		(2) conveying, releasing, or disclaiming his or her
16		contingent and expectant interests in property, including
17		marital property rights and any right of survivorship
18		incident to joint tenancy or tenancy by the entirety;
19		(3) releasing or disclaiming his or her powers as
20		trustee, personal representative, custodian for minors, or
21		guardian;
22		(4) exercising, releasing, or disclaiming his or her
23		powers as donee of a power of appointment;
24		(5) entering into contracts;
25		(6) creating for the benefit of the ward or others,
26		revocable or irrevocable trusts of his or her property that

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1		may extend beyond his or her disability or life;
2		(7) exercising options of the ward to purchase or
3		exchange securities or other property;
4		(8) exercising the rights of the ward to elect benefit
5		or payment options, to terminate, to change beneficiaries
6		or ownership, to assign rights, to borrow, or to receive
7		cash value in return for a surrender of rights under any
8		one or more of the following:
9		(i) life insurance policies, plans, or benefits,
10		(ii) annuity policies, plans, or benefits,
11		(iii) mutual fund and other dividend investment
12		plans,
13		(iv) retirement, profit sharing, and employee
14		welfare plans and benefits;
15		(9) exercising his or her right to claim or disclaim an
16		elective share in the estate of his or her deceased spouse
17		and to renounce any interest by testate or intestate
18		succession or by inter vivos transfer;
19		(10) changing the ward's residence or domicile; or
20		(11) modifying by means of codicil or trust amendment
21		the terms of the ward's will or any revocable trust created
22		by the ward, as the court may consider advisable in light
23		of changes in applicable tax laws.
24		The guardian in his or her petition shall briefly outline
25		the action or application of funds for which he or she seeks
26		approval, the results expected to be accomplished thereby, and

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1		the tax savings, if any, expected to accrue. The proposed
2		action or application of funds may include gifts of the ward's
3		personal property or real estate, but transfers of real estate
4		shall be subject to the requirements of Section 20 of this Act.
5		Gifts may be for the benefit of prospective legatees, devisees,
6		or heirs apparent of the ward or may be made to individuals or
7		charities in which the ward is believed to have an interest.
8		The guardian shall also indicate in the petition that any
9		planned disposition is consistent with the intentions of the
10		ward insofar as they can be ascertained, and if the ward's
11		intentions cannot be ascertained, the ward will be presumed to
12		favor reduction in the incidents of various forms of taxation
13		and the partial distribution of his or her estate as provided
14		in this subsection. The guardian shall not, however, be
15		required to include as a beneficiary or fiduciary any person
16		who he has reason to believe would be excluded by the ward. A
17		guardian shall be required to investigate and pursue a ward's
18		eligibility for governmental benefits.
19		(b) Upon the direction of the court which issued his
20		letters, a guardian may perform the contracts of his ward which
21		were legally subsisting at the time of the commencement of the
22		ward's disability. The court may authorize the guardian to
23		execute and deliver any bill of sale, deed or other instrument.
24		(c) The guardian of the estate of a ward shall appear for
25		and represent the ward in all legal proceedings unless another
26		person is appointed for that purpose as guardian or next

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1		friend. This does not impair the power of any court to appoint
2		a guardian ad litem or next friend to defend the interests of
3		the ward in that court, or to appoint or allow any person as
4		the next friend of a ward to commence, prosecute or defend any
5		proceeding in his behalf. Without impairing the power of the
6		court in any respect, if the guardian of the estate of a ward
7		and another person as next friend shall appear for and
8		represent the ward in a legal proceeding in which the
9		compensation of the attorney or attorneys representing the
10		guardian and next friend is solely determined under a
11		contingent fee arrangement, the guardian of the estate of the
12		ward shall not participate in or have any duty to review the
13		prosecution of the action, to participate in or review the
14		appropriateness of any settlement of the action, or to
15		participate in or review any determination of the
16		appropriateness of any fees awarded to the attorney or
17		attorneys employed in the prosecution of the action.
18		(d) Adjudication of disability shall not revoke or
19		otherwise terminate a trust which is revocable by the ward. A
20		guardian of the estate shall have no authority to revoke a
21		trust that is revocable by the ward, except that the court may
22		authorize a guardian to revoke a Totten trust or similar
23		deposit or withdrawable capital account in trust to the extent
24		necessary to provide funds for the purposes specified in
25		paragraph (a) of this Section. If the trustee of any trust for
26		the benefit of the ward has discretionary power to apply income

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1		or principal for the ward's benefit, the trustee shall not be
2		required to distribute any of the income or principal to the
3		guardian of the ward's estate, but the guardian may bring an
4		action on behalf of the ward to compel the trustee to exercise
5		the trustee's discretion or to seek relief from an abuse of
6		discretion. This paragraph shall not limit the right of a
7		guardian of the estate to receive accountings from the trustee
8		on behalf of the ward.
9		(d-5) Upon a verified petition by the plenary or limited
10		guardian of the estate or the request of the ward that is
11		accompanied by a current physician's report that states the
12		ward possesses testamentary capacity, the court may enter an
13		order authorizing the ward to execute a will or codicil. In so
14		ordering, the court shall authorize the guardian to retain
15		independent counsel for the ward with whom the ward may execute
16		or modify a will or codicil.
17		(e) Absent court order pursuant to the Illinois Power of
18		Attorney Act directing a guardian to exercise powers of the
19		principal under an agency that survives disability, the
20		guardian will have no power, duty or liability with respect to
21		any property subject to the agency. This subsection (e) applies
22		to all agencies, whenever and wherever executed.
23		(f) Upon petition by any interested person (including the
24		standby or short-term guardian), with such notice to interested
25		persons as the court directs and a finding by the court that it
26		is in the best interest of the person with a disability, the

HB5540 Enrolled - 1490 - LRB099 16003 AMC 40320 b
1		court may terminate or limit the authority of a standby or
2		short-term guardian or may enter such other orders as the court
3		deems necessary to provide for the best interest of the person
4		with a disability. The petition for termination or limitation
5		of the authority of a standby or short-term guardian may, but
6		need not, be combined with a petition to have another guardian
7		appointed for the person with a disability.
8		(Source: P.A. 99-143, eff. 7-27-15; 99-302, eff. 1-1-16;
9		revised 10-21-15.)
10		Section 605. The Condominium Property Act is amended by
11		changing Section 18 as follows:
12		(765 ILCS 605/18) (from Ch. 30, par. 318)
13		(Text of Section before amendment by P.A. 99-472)
14		Sec. 18. Contents of bylaws. The bylaws shall provide for
15		at least the following:
16		(a)(1) The election from among the unit owners of a board
17		of managers, the number of persons constituting such board, and
18		that the terms of at least one-third of the members of the
19		board shall expire annually and that all members of the board
20		shall be elected at large; if . If there are multiple owners of
21		a single unit, only one of the multiple owners shall be
22		eligible to serve as a member of the board at any one time; .
23		(2) the powers and duties of the board;
24		(3) the compensation, if any, of the members of the board;

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1		(4) the method of removal from office of members of the
2		board;
3		(5) that the board may engage the services of a manager or
4		managing agent;
5		(6) that each unit owner shall receive, at least 30 days
6		prior to the adoption thereof by the board of managers, a copy
7		of the proposed annual budget together with an indication of
8		which portions are intended for reserves, capital expenditures
9		or repairs or payment of real estate taxes;
10		(7) that the board of managers shall annually supply to all
11		unit owners an itemized accounting of the common expenses for
12		the preceding year actually incurred or paid, together with an
13		indication of which portions were for reserves, capital
14		expenditures or repairs or payment of real estate taxes and
15		with a tabulation of the amounts collected pursuant to the
16		budget or assessment, and showing the net excess or deficit of
17		income over expenditures plus reserves;
18		(8)(i) that each unit owner shall receive notice, in the
19		same manner as is provided in this Act for membership meetings,
20		of any meeting of the board of managers concerning the adoption
21		of the proposed annual budget and regular assessments pursuant
22		thereto or to adopt a separate (special) assessment, (ii) that
23		except as provided in subsection (iv) below, if an adopted
24		budget or any separate assessment adopted by the board would
25		result in the sum of all regular and separate assessments
26		payable in the current fiscal year exceeding 115% of the sum of

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1		all regular and separate assessments payable during the
2		preceding fiscal year, the board of managers, upon written
3		petition by unit owners with 20 percent of the votes of the
4		association delivered to the board within 14 days of the board
5		action, shall call a meeting of the unit owners within 30 days
6		of the date of delivery of the petition to consider the budget
7		or separate assessment; unless a majority of the total votes of
8		the unit owners are cast at the meeting to reject the budget or
9		separate assessment, it is ratified, (iii) that any common
10		expense not set forth in the budget or any increase in
11		assessments over the amount adopted in the budget shall be
12		separately assessed against all unit owners, (iv) that separate
13		assessments for expenditures relating to emergencies or
14		mandated by law may be adopted by the board of managers without
15		being subject to unit owner approval or the provisions of item
16		(ii) above or item (v) below. As used herein, "emergency" means
17		an immediate danger to the structural integrity of the common
18		elements or to the life, health, safety or property of the unit
19		owners, (v) that assessments for additions and alterations to
20		the common elements or to association-owned property not
21		included in the adopted annual budget, shall be separately
22		assessed and are subject to approval of two-thirds of the total
23		votes of all unit owners, (vi) that the board of managers may
24		adopt separate assessments payable over more than one fiscal
25		year. With respect to multi-year assessments not governed by
26		items (iv) and (v), the entire amount of the multi-year

HB5540 Enrolled - 1493 - LRB099 16003 AMC 40320 b
1		assessment shall be deemed considered and authorized in the
2		first fiscal year in which the assessment is approved;
3		(9) that meetings of the board of managers shall be open to
4		any unit owner, except for the portion of any meeting held (i)
5		to discuss litigation when an action against or on behalf of
6		the particular association has been filed and is pending in a
7		court or administrative tribunal, or when the board of managers
8		finds that such an action is probable or imminent, (ii) to
9		consider information regarding appointment, employment or
10		dismissal of an employee, or (iii) to discuss violations of
11		rules and regulations of the association or a unit owner's
12		unpaid share of common expenses; that any vote on these matters
13		shall be taken at a meeting or portion thereof open to any unit
14		owner; that any unit owner may record the proceedings at
15		meetings or portions thereof required to be open by this Act by
16		tape, film or other means; that the board may prescribe
17		reasonable rules and regulations to govern the right to make
18		such recordings, that notice of such meetings shall be mailed
19		or delivered at least 48 hours prior thereto, unless a written
20		waiver of such notice is signed by the person or persons
21		entitled to such notice pursuant to the declaration, bylaws,
22		other condominium instrument, or provision of law other than
23		this subsection before the meeting is convened, and that copies
24		of notices of meetings of the board of managers shall be posted
25		in entranceways, elevators, or other conspicuous places in the
26		condominium at least 48 hours prior to the meeting of the board

HB5540 Enrolled - 1494 - LRB099 16003 AMC 40320 b
1		of managers except where there is no common entranceway for 7
2		or more units, the board of managers may designate one or more
3		locations in the proximity of these units where the notices of
4		meetings shall be posted;
5		(10) that the board shall meet at least 4 times annually;
6		(11) that no member of the board or officer shall be
7		elected for a term of more than 2 years, but that officers and
8		board members may succeed themselves;
9		(12) the designation of an officer to mail and receive all
10		notices and execute amendments to condominium instruments as
11		provided for in this Act and in the condominium instruments;
12		(13) the method of filling vacancies on the board which
13		shall include authority for the remaining members of the board
14		to fill the vacancy by two-thirds vote until the next annual
15		meeting of unit owners or for a period terminating no later
16		than 30 days following the filing of a petition signed by unit
17		owners holding 20% of the votes of the association requesting a
18		meeting of the unit owners to fill the vacancy for the balance
19		of the term, and that a meeting of the unit owners shall be
20		called for purposes of filling a vacancy on the board no later
21		than 30 days following the filing of a petition signed by unit
22		owners holding 20% of the votes of the association requesting
23		such a meeting, and the method of filling vacancies among the
24		officers that shall include the authority for the members of
25		the board to fill the vacancy for the unexpired portion of the
26		term;

HB5540 Enrolled - 1495 - LRB099 16003 AMC 40320 b
1		(14) what percentage of the board of managers, if other
2		than a majority, shall constitute a quorum;
3		(15) provisions concerning notice of board meetings to
4		members of the board;
5		(16) the board of managers may not enter into a contract
6		with a current board member or with a corporation or
7		partnership in which a board member or a member of the board
8		member's immediate family has 25% or more interest, unless
9		notice of intent to enter the contract is given to unit owners
10		within 20 days after a decision is made to enter into the
11		contract and the unit owners are afforded an opportunity by
12		filing a petition, signed by 20% of the unit owners, for an
13		election to approve or disapprove the contract; such petition
14		shall be filed within 20 days after such notice and such
15		election shall be held within 30 days after filing the
16		petition; for purposes of this subsection, a board member's
17		immediate family means the board member's spouse, parents, and
18		children;
19		(17) that the board of managers may disseminate to unit
20		owners biographical and background information about
21		candidates for election to the board if (i) reasonable efforts
22		to identify all candidates are made and all candidates are
23		given an opportunity to include biographical and background
24		information in the information to be disseminated; and (ii) the
25		board does not express a preference in favor of any candidate;
26		(18) any proxy distributed for board elections by the board

HB5540 Enrolled - 1496 - LRB099 16003 AMC 40320 b
1		of managers gives unit owners the opportunity to designate any
2		person as the proxy holder, and gives the unit owner the
3		opportunity to express a preference for any of the known
4		candidates for the board or to write in a name;
5		(19) that special meetings of the board of managers can be
6		called by the president or 25% of the members of the board; and
7		(20) that the board of managers may establish and maintain
8		a system of master metering of public utility services and
9		collect payments in connection therewith, subject to the
10		requirements of the Tenant Utility Payment Disclosure Act.
11		(b)(1) What percentage of the unit owners, if other than
12		20%, shall constitute a quorum provided that, for condominiums
13		with 20 or more units, the percentage of unit owners
14		constituting a quorum shall be 20% unless the unit owners
15		holding a majority of the percentage interest in the
16		association provide for a higher percentage, provided that in
17		voting on amendments to the association's bylaws, a unit owner
18		who is in arrears on the unit owner's regular or separate
19		assessments for 60 days or more, shall not be counted for
20		purposes of determining if a quorum is present, but that unit
21		owner retains the right to vote on amendments to the
22		association's bylaws;
23		(2) that the association shall have one class of
24		membership;
25		(3) that the members shall hold an annual meeting, one of
26		the purposes of which shall be to elect members of the board of

HB5540 Enrolled - 1497 - LRB099 16003 AMC 40320 b
1		managers;
2		(4) the method of calling meetings of the unit owners;
3		(5) that special meetings of the members can be called by
4		the president, board of managers, or by 20% of unit owners;
5		(6) that written notice of any membership meeting shall be
6		mailed or delivered giving members no less than 10 and no more
7		than 30 days notice of the time, place and purpose of such
8		meeting except that notice may be sent, to the extent the
9		condominium instruments or rules adopted thereunder expressly
10		so provide, by electronic transmission consented to by the unit
11		owner to whom the notice is given, provided the director and
12		officer or his agent certifies in writing to the delivery by
13		electronic transmission;
14		(7) that voting shall be on a percentage basis, and that
15		the percentage vote to which each unit is entitled is the
16		percentage interest of the undivided ownership of the common
17		elements appurtenant thereto, provided that the bylaws may
18		provide for approval by unit owners in connection with matters
19		where the requisite approval on a percentage basis is not
20		specified in this Act, on the basis of one vote per unit;
21		(8) that, where there is more than one owner of a unit, if
22		only one of the multiple owners is present at a meeting of the
23		association, he is entitled to cast all the votes allocated to
24		that unit, if more than one of the multiple owners are present,
25		the votes allocated to that unit may be cast only in accordance
26		with the agreement of a majority in interest of the multiple

HB5540 Enrolled - 1498 - LRB099 16003 AMC 40320 b
1		owners, unless the declaration expressly provides otherwise,
2		that there is majority agreement if any one of the multiple
3		owners cast the votes allocated to that unit without protest
4		being made promptly to the person presiding over the meeting by
5		any of the other owners of the unit;
6		(9)(A) except as provided in subparagraph (B) of this
7		paragraph (9) in connection with board elections, that a unit
8		owner may vote by proxy executed in writing by the unit owner
9		or by his duly authorized attorney in fact; that the proxy must
10		bear the date of execution and, unless the condominium
11		instruments or the written proxy itself provide otherwise, is
12		invalid after 11 months from the date of its execution; to the
13		extent the condominium instruments or rules adopted thereunder
14		expressly so provide, a vote or proxy may be submitted by
15		electronic transmission, provided that any such electronic
16		transmission shall either set forth or be submitted with
17		information from which it can be determined that the electronic
18		transmission was authorized by the unit owner or the unit
19		owner's proxy;
20		(B) that if a rule adopted at least 120 days before a board
21		election or the declaration or bylaws provide for balloting as
22		set forth in this subsection, unit owners may not vote by proxy
23		in board elections, but may vote only (i) by submitting an
24		association-issued ballot in person at the election meeting or
25		(ii) by submitting an association-issued ballot to the
26		association or its designated agent by mail or other means of

HB5540 Enrolled - 1499 - LRB099 16003 AMC 40320 b
1		delivery specified in the declaration, bylaws, or rule; that
2		the ballots shall be mailed or otherwise distributed to unit
3		owners not less than 10 and not more than 30 days before the
4		election meeting, and the board shall give unit owners not less
5		than 21 days' prior written notice of the deadline for
6		inclusion of a candidate's name on the ballots; that the
7		deadline shall be no more than 7 days before the ballots are
8		mailed or otherwise distributed to unit owners; that every such
9		ballot must include the names of all candidates who have given
10		the board or its authorized agent timely written notice of
11		their candidacy and must give the person casting the ballot the
12		opportunity to cast votes for candidates whose names do not
13		appear on the ballot; that a ballot received by the association
14		or its designated agent after the close of voting shall not be
15		counted; that a unit owner who submits a ballot by mail or
16		other means of delivery specified in the declaration, bylaws,
17		or rule may request and cast a ballot in person at the election
18		meeting, and thereby void any ballot previously submitted by
19		that unit owner;
20		(B-5) that if a rule adopted at least 120 days before a
21		board election or the declaration or bylaws provide for
22		balloting as set forth in this subparagraph, unit owners may
23		not vote by proxy in board elections, but may vote only (i) by
24		submitting an association-issued ballot in person at the
25		election meeting; or (ii) by any acceptable technological means
26		as defined in Section 2 of this Act; instructions regarding the

HB5540 Enrolled - 1500 - LRB099 16003 AMC 40320 b
1		use of electronic means for voting shall be distributed to all
2		unit owners not less than 10 and not more than 30 days before
3		the election meeting, and the board shall give unit owners not
4		less than 21 days' prior written notice of the deadline for
5		inclusion of a candidate's name on the ballots; the deadline
6		shall be no more than 7 days before the instructions for voting
7		using electronic or acceptable technological means is
8		distributed to unit owners; every instruction notice must
9		include the names of all candidates who have given the board or
10		its authorized agent timely written notice of their candidacy
11		and must give the person voting through electronic or
12		acceptable technological means the opportunity to cast votes
13		for candidates whose names do not appear on the ballot; a unit
14		owner who submits a vote using electronic or acceptable
15		technological means may request and cast a ballot in person at
16		the election meeting, thereby voiding any vote previously
17		submitted by that unit owner;
18		(C) that if a written petition by unit owners with at least
19		20% of the votes of the association is delivered to the board
20		within 14 days after the board's approval of a rule adopted
21		pursuant to subparagraph (B) or subparagraph (B-5) of this
22		paragraph (9), the board shall call a meeting of the unit
23		owners within 30 days after the date of delivery of the
24		petition; that unless a majority of the total votes of the unit
25		owners are cast at the meeting to reject the rule, the rule is
26		ratified;

HB5540 Enrolled - 1501 - LRB099 16003 AMC 40320 b
1		(D) that votes cast by ballot under subparagraph (B) or
2		electronic or acceptable technological means under
3		subparagraph (B-5) of this paragraph (9) are valid for the
4		purpose of establishing a quorum;
5		(10) that the association may, upon adoption of the
6		appropriate rules by the board of managers, conduct elections
7		by secret ballot whereby the voting ballot is marked only with
8		the percentage interest for the unit and the vote itself,
9		provided that the board further adopt rules to verify the
10		status of the unit owner issuing a proxy or casting a ballot;
11		and further, that a candidate for election to the board of
12		managers or such candidate's representative shall have the
13		right to be present at the counting of ballots at such
14		election;
15		(11) that in the event of a resale of a condominium unit
16		the purchaser of a unit from a seller other than the developer
17		pursuant to an installment contract for purchase shall during
18		such times as he or she resides in the unit be counted toward a
19		quorum for purposes of election of members of the board of
20		managers at any meeting of the unit owners called for purposes
21		of electing members of the board, shall have the right to vote
22		for the election of members of the board of managers and to be
23		elected to and serve on the board of managers unless the seller
24		expressly retains in writing any or all of such rights. In no
25		event may the seller and purchaser both be counted toward a
26		quorum, be permitted to vote for a particular office or be

HB5540 Enrolled - 1502 - LRB099 16003 AMC 40320 b
1		elected and serve on the board. Satisfactory evidence of the
2		installment contract contact shall be made available to the
3		association or its agents. For purposes of this subsection,
4		"installment contract" contact" shall have the same meaning as
5		set forth in Section 1 (e) of the Dwelling Unit Installment
6		Contract Act "An Act relating to installment contracts to sell
7		dwelling structures", approved August 11, 1967, as amended;
8		(12) the method by which matters subject to the approval of
9		unit owners set forth in this Act, or in the condominium
10		instruments, will be submitted to the unit owners at special
11		membership meetings called for such purposes; and
12		(13) that matters subject to the affirmative vote of not
13		less than 2/3 of the votes of unit owners at a meeting duly
14		called for that purpose, shall include, but not be limited to:
15		(i) merger or consolidation of the association;
16		(ii) sale, lease, exchange, or other disposition
17		(excluding the mortgage or pledge) of all, or substantially
18		all of the property and assets of the association; and
19		(iii) the purchase or sale of land or of units on
20		behalf of all unit owners.
21		(c) Election of a president from among the board of
22		managers, who shall preside over the meetings of the board of
23		managers and of the unit owners.
24		(d) Election of a secretary from among the board of
25		managers, who shall keep the minutes of all meetings of the
26		board of managers and of the unit owners and who shall, in

HB5540 Enrolled - 1503 - LRB099 16003 AMC 40320 b
1		general, perform all the duties incident to the office of
2		secretary.
3		(e) Election of a treasurer from among the board of
4		managers, who shall keep the financial records and books of
5		account.
6		(f) Maintenance, repair and replacement of the common
7		elements and payments therefor, including the method of
8		approving payment vouchers.
9		(g) An association with 30 or more units shall obtain and
10		maintain fidelity insurance covering persons who control or
11		disburse funds of the association for the maximum amount of
12		coverage available to protect funds in the custody or control
13		of the association plus the association reserve fund. All
14		management companies which are responsible for the funds held
15		or administered by the association shall maintain and furnish
16		to the association a fidelity bond for the maximum amount of
17		coverage available to protect funds in the custody of the
18		management company at any time. The association shall bear the
19		cost of the fidelity insurance and fidelity bond, unless
20		otherwise provided by contract between the association and a
21		management company. The association shall be the direct obligee
22		of any such fidelity bond. A management company holding reserve
23		funds of an association shall at all times maintain a separate
24		account for each association, provided, however, that for
25		investment purposes, the Board of Managers of an association
26		may authorize a management company to maintain the

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1		association's reserve funds in a single interest bearing
2		account with similar funds of other associations. The
3		management company shall at all times maintain records
4		identifying all moneys of each association in such investment
5		account. The management company may hold all operating funds of
6		associations which it manages in a single operating account but
7		shall at all times maintain records identifying all moneys of
8		each association in such operating account. Such operating and
9		reserve funds held by the management company for the
10		association shall not be subject to attachment by any creditor
11		of the management company.
12		For the purpose of this subsection, a management company
13		shall be defined as a person, partnership, corporation, or
14		other legal entity entitled to transact business on behalf of
15		others, acting on behalf of or as an agent for a unit owner,
16		unit owners or association of unit owners for the purpose of
17		carrying out the duties, responsibilities, and other
18		obligations necessary for the day to day operation and
19		management of any property subject to this Act. For purposes of
20		this subsection, the term "fiduciary insurance coverage" shall
21		be defined as both a fidelity bond and directors and officers
22		liability coverage, the fidelity bond in the full amount of
23		association funds and association reserves that will be in the
24		custody of the association, and the directors and officers
25		liability coverage at a level as shall be determined to be
26		reasonable by the board of managers, if not otherwise

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1		established by the declaration or by laws.
2		Until one year after September 21, 1985 (the effective date
3		of Public Act 84-722) this amendatory Act of 1985, if a
4		condominium association has reserves plus assessments in
5		excess of $250,000 and cannot reasonably obtain 100% fidelity
6		bond coverage for such amount, then it must obtain a fidelity
7		bond coverage of $250,000.
8		(h) Method of estimating the amount of the annual budget,
9		and the manner of assessing and collecting from the unit owners
10		their respective shares of such estimated expenses, and of any
11		other expenses lawfully agreed upon.
12		(i) That upon 10 days notice to the manager or board of
13		managers and payment of a reasonable fee, any unit owner shall
14		be furnished a statement of his account setting forth the
15		amount of any unpaid assessments or other charges due and owing
16		from such owner.
17		(j) Designation and removal of personnel necessary for the
18		maintenance, repair and replacement of the common elements.
19		(k) Such restrictions on and requirements respecting the
20		use and maintenance of the units and the use of the common
21		elements, not set forth in the declaration, as are designed to
22		prevent unreasonable interference with the use of their
23		respective units and of the common elements by the several unit
24		owners.
25		(l) Method of adopting and of amending administrative rules
26		and regulations governing the operation and use of the common

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1		elements.
2		(m) The percentage of votes required to modify or amend the
3		bylaws, but each one of the particulars set forth in this
4		section shall always be embodied in the bylaws.
5		(n)(i) The provisions of this Act, the declaration, bylaws,
6		other condominium instruments, and rules and regulations that
7		relate to the use of the individual unit or the common elements
8		shall be applicable to any person leasing a unit and shall be
9		deemed to be incorporated in any lease executed or renewed on
10		or after August 30, 1984 (the effective date of Public Act
11		83-1271) this amendatory Act of 1984.
12		(ii) With regard to any lease entered into subsequent to
13		July 1, 1990 (the effective date of Public Act 86-991) this
14		amendatory Act of 1989, the unit owner leasing the unit shall
15		deliver a copy of the signed lease to the board or if the lease
16		is oral, a memorandum of the lease, not later than the date of
17		occupancy or 10 days after the lease is signed, whichever
18		occurs first. In addition to any other remedies, by filing an
19		action jointly against the tenant and the unit owner, an
20		association may seek to enjoin a tenant from occupying a unit
21		or seek to evict a tenant under the provisions of Article IX of
22		the Code of Civil Procedure for failure of the lessor-owner to
23		comply with the leasing requirements prescribed by this Section
24		or by the declaration, bylaws, and rules and regulations. The
25		board of managers may proceed directly against a tenant, at law
26		or in equity, or under the provisions of Article IX of the Code

HB5540 Enrolled - 1507 - LRB099 16003 AMC 40320 b
1		of Civil Procedure, for any other breach by tenant of any
2		covenants, rules, regulations or bylaws.
3		(o) The association shall have no authority to forbear the
4		payment of assessments by any unit owner.
5		(p) That when 30% or fewer of the units, by number, possess
6		over 50% in the aggregate of the votes in the association, any
7		percentage vote of members specified herein or in the
8		condominium instruments shall require the specified percentage
9		by number of units rather than by percentage of interest in the
10		common elements allocated to units that would otherwise be
11		applicable and garage units or storage units, or both, shall
12		have, in total, no more votes than their aggregate percentage
13		of ownership in the common elements; this shall mean that if
14		garage units or storage units, or both, are to be given a vote,
15		or portion of a vote, that the association must add the total
16		number of votes cast of garage units, storage units, or both,
17		and divide the total by the number of garage units, storage
18		units, or both, and multiply by the aggregate percentage of
19		ownership of garage units and storage units to determine the
20		vote, or portion of a vote, that garage units or storage units,
21		or both, have. For purposes of this subsection (p), when making
22		a determination of whether 30% or fewer of the units, by
23		number, possess over 50% in the aggregate of the votes in the
24		association, a unit shall not include a garage unit or a
25		storage unit.
26		(q) That a unit owner may not assign, delegate, transfer,

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1		surrender, or avoid the duties, responsibilities, and
2		liabilities of a unit owner under this Act, the condominium
3		instruments, or the rules and regulations of the Association;
4		and that such an attempted assignment, delegation, transfer,
5		surrender, or avoidance shall be deemed void.
6		The provisions of this Section are applicable to all
7		condominium instruments recorded under this Act. Any portion of
8		a condominium instrument which contains provisions contrary to
9		these provisions shall be void as against public policy and
10		ineffective. Any such instrument which fails to contain the
11		provisions required by this Section shall be deemed to
12		incorporate such provisions by operation of law.
13		(Source: P.A. 98-1042, eff. 1-1-15; revised 10-19-15.)
14		(Text of Section after amendment by P.A. 99-472)
15		Sec. 18. Contents of bylaws. The bylaws shall provide for
16		at least the following:
17		(a)(1) The election from among the unit owners of a board
18		of managers, the number of persons constituting such board, and
19		that the terms of at least one-third of the members of the
20		board shall expire annually and that all members of the board
21		shall be elected at large; if . If there are multiple owners of
22		a single unit, only one of the multiple owners shall be
23		eligible to serve as a member of the board at any one time; .
24		(2) the powers and duties of the board;
25		(3) the compensation, if any, of the members of the board;

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1		(4) the method of removal from office of members of the
2		board;
3		(5) that the board may engage the services of a manager or
4		managing agent;
5		(6) that each unit owner shall receive, at least 25 days
6		prior to the adoption thereof by the board of managers, a copy
7		of the proposed annual budget together with an indication of
8		which portions are intended for reserves, capital expenditures
9		or repairs or payment of real estate taxes;
10		(7) that the board of managers shall annually supply to all
11		unit owners an itemized accounting of the common expenses for
12		the preceding year actually incurred or paid, together with an
13		indication of which portions were for reserves, capital
14		expenditures or repairs or payment of real estate taxes and
15		with a tabulation of the amounts collected pursuant to the
16		budget or assessment, and showing the net excess or deficit of
17		income over expenditures plus reserves;
18		(8)(i) that each unit owner shall receive notice, in the
19		same manner as is provided in this Act for membership meetings,
20		of any meeting of the board of managers concerning the adoption
21		of the proposed annual budget and regular assessments pursuant
22		thereto or to adopt a separate (special) assessment, (ii) that
23		except as provided in subsection (iv) below, if an adopted
24		budget or any separate assessment adopted by the board would
25		result in the sum of all regular and separate assessments
26		payable in the current fiscal year exceeding 115% of the sum of

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1		all regular and separate assessments payable during the
2		preceding fiscal year, the board of managers, upon written
3		petition by unit owners with 20 percent of the votes of the
4		association delivered to the board within 14 days of the board
5		action, shall call a meeting of the unit owners within 30 days
6		of the date of delivery of the petition to consider the budget
7		or separate assessment; unless a majority of the total votes of
8		the unit owners are cast at the meeting to reject the budget or
9		separate assessment, it is ratified, (iii) that any common
10		expense not set forth in the budget or any increase in
11		assessments over the amount adopted in the budget shall be
12		separately assessed against all unit owners, (iv) that separate
13		assessments for expenditures relating to emergencies or
14		mandated by law may be adopted by the board of managers without
15		being subject to unit owner approval or the provisions of item
16		(ii) above or item (v) below. As used herein, "emergency" means
17		an immediate danger to the structural integrity of the common
18		elements or to the life, health, safety or property of the unit
19		owners, (v) that assessments for additions and alterations to
20		the common elements or to association-owned property not
21		included in the adopted annual budget, shall be separately
22		assessed and are subject to approval of two-thirds of the total
23		votes of all unit owners, (vi) that the board of managers may
24		adopt separate assessments payable over more than one fiscal
25		year. With respect to multi-year assessments not governed by
26		items (iv) and (v), the entire amount of the multi-year

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1		assessment shall be deemed considered and authorized in the
2		first fiscal year in which the assessment is approved;
3		(9)(A) that every meeting of the board of managers shall be
4		open to any unit owner, except for the portion of any meeting
5		held to discuss or consider information relating to: (i)
6		litigation when an action against or on behalf of the
7		particular association has been filed and is pending in a court
8		or administrative tribunal, or when the board of managers finds
9		that such an action is probable or imminent, (ii) appointment,
10		employment or dismissal of an employee, (iii) violations of
11		rules and regulations of the association, or (iv) a unit
12		owner's unpaid share of common expenses; that any vote on these
13		matters discussed or considered in closed session shall take
14		place at a meeting of the board of managers or portion thereof
15		open to any unit owner;
16		(B) that board members may participate in and act at any
17		meeting of the board of managers in person, by telephonic
18		means, or by use of any acceptable technological means whereby
19		all persons participating in the meeting can communicate with
20		each other; that participation constitutes attendance and
21		presence in person at the meeting;
22		(C) that any unit owner may record the proceedings at
23		meetings of the board of managers or portions thereof required
24		to be open by this Act by tape, film or other means, and that
25		the board may prescribe reasonable rules and regulations to
26		govern the right to make such recordings;

HB5540 Enrolled - 1512 - LRB099 16003 AMC 40320 b
1		(D) that notice of every meeting of the board of managers
2		shall be given to every board member at least 48 hours prior
3		thereto, unless the board member waives notice of the meeting
4		pursuant to subsection (a) of Section 18.8; and
5		(E) that notice of every meeting of the board of managers
6		shall be posted in entranceways, elevators, or other
7		conspicuous places in the condominium at least 48 hours prior
8		to the meeting of the board of managers except where there is
9		no common entranceway for 7 or more units, the board of
10		managers may designate one or more locations in the proximity
11		of these units where the notices of meetings shall be posted;
12		that notice of every meeting of the board of managers shall
13		also be given at least 48 hours prior to the meeting, or such
14		longer notice as this Act may separately require, to: (i) each
15		unit owner who has provided the association with written
16		authorization to conduct business by acceptable technological
17		means, and (ii) to the extent that the condominium instruments
18		of an association require, to each other unit owner, as
19		required by subsection (f) of Section 18.8, by mail or
20		delivery, and that no other notice of a meeting of the board of
21		managers need be given to any unit owner;
22		(10) that the board shall meet at least 4 times annually;
23		(11) that no member of the board or officer shall be
24		elected for a term of more than 2 years, but that officers and
25		board members may succeed themselves;
26		(12) the designation of an officer to mail and receive all

HB5540 Enrolled - 1513 - LRB099 16003 AMC 40320 b
1		notices and execute amendments to condominium instruments as
2		provided for in this Act and in the condominium instruments;
3		(13) the method of filling vacancies on the board which
4		shall include authority for the remaining members of the board
5		to fill the vacancy by two-thirds vote until the next annual
6		meeting of unit owners or for a period terminating no later
7		than 30 days following the filing of a petition signed by unit
8		owners holding 20% of the votes of the association requesting a
9		meeting of the unit owners to fill the vacancy for the balance
10		of the term, and that a meeting of the unit owners shall be
11		called for purposes of filling a vacancy on the board no later
12		than 30 days following the filing of a petition signed by unit
13		owners holding 20% of the votes of the association requesting
14		such a meeting, and the method of filling vacancies among the
15		officers that shall include the authority for the members of
16		the board to fill the vacancy for the unexpired portion of the
17		term;
18		(14) what percentage of the board of managers, if other
19		than a majority, shall constitute a quorum;
20		(15) provisions concerning notice of board meetings to
21		members of the board;
22		(16) the board of managers may not enter into a contract
23		with a current board member or with a corporation or
24		partnership in which a board member or a member of the board
25		member's immediate family has 25% or more interest, unless
26		notice of intent to enter the contract is given to unit owners

HB5540 Enrolled - 1514 - LRB099 16003 AMC 40320 b
1		within 20 days after a decision is made to enter into the
2		contract and the unit owners are afforded an opportunity by
3		filing a petition, signed by 20% of the unit owners, for an
4		election to approve or disapprove the contract; such petition
5		shall be filed within 20 days after such notice and such
6		election shall be held within 30 days after filing the
7		petition; for purposes of this subsection, a board member's
8		immediate family means the board member's spouse, parents, and
9		children;
10		(17) that the board of managers may disseminate to unit
11		owners biographical and background information about
12		candidates for election to the board if (i) reasonable efforts
13		to identify all candidates are made and all candidates are
14		given an opportunity to include biographical and background
15		information in the information to be disseminated; and (ii) the
16		board does not express a preference in favor of any candidate;
17		(18) any proxy distributed for board elections by the board
18		of managers gives unit owners the opportunity to designate any
19		person as the proxy holder, and gives the unit owner the
20		opportunity to express a preference for any of the known
21		candidates for the board or to write in a name;
22		(19) that special meetings of the board of managers can be
23		called by the president or 25% of the members of the board;
24		(20) that the board of managers may establish and maintain
25		a system of master metering of public utility services and
26		collect payments in connection therewith, subject to the

HB5540 Enrolled - 1515 - LRB099 16003 AMC 40320 b
1		requirements of the Tenant Utility Payment Disclosure Act; and
2		(21) that the board may ratify and confirm actions of the
3		members of the board taken in response to an emergency, as that
4		term is defined in subdivision (a)(8)(iv) of this Section; that
5		the board shall give notice to the unit owners of: (i) the
6		occurrence of the emergency event within 7 business days after
7		the emergency event, and (ii) the general description of the
8		actions taken to address the event within 7 days after the
9		emergency event.
10		The intent of the provisions of Public Act 99-472 this
11		amendatory Act of the 99th General Assembly adding this
12		paragraph (21) is to empower and support boards to act in
13		emergencies.
14		(b)(1) What percentage of the unit owners, if other than
15		20%, shall constitute a quorum provided that, for condominiums
16		with 20 or more units, the percentage of unit owners
17		constituting a quorum shall be 20% unless the unit owners
18		holding a majority of the percentage interest in the
19		association provide for a higher percentage, provided that in
20		voting on amendments to the association's bylaws, a unit owner
21		who is in arrears on the unit owner's regular or separate
22		assessments for 60 days or more, shall not be counted for
23		purposes of determining if a quorum is present, but that unit
24		owner retains the right to vote on amendments to the
25		association's bylaws;
26		(2) that the association shall have one class of

HB5540 Enrolled - 1516 - LRB099 16003 AMC 40320 b
1		membership;
2		(3) that the members shall hold an annual meeting, one of
3		the purposes of which shall be to elect members of the board of
4		managers;
5		(4) the method of calling meetings of the unit owners;
6		(5) that special meetings of the members can be called by
7		the president, board of managers, or by 20% of unit owners;
8		(6) that written notice of any membership meeting shall be
9		mailed or delivered giving members no less than 10 and no more
10		than 30 days notice of the time, place and purpose of such
11		meeting except that notice may be sent, to the extent the
12		condominium instruments or rules adopted thereunder expressly
13		so provide, by electronic transmission consented to by the unit
14		owner to whom the notice is given, provided the director and
15		officer or his agent certifies in writing to the delivery by
16		electronic transmission;
17		(7) that voting shall be on a percentage basis, and that
18		the percentage vote to which each unit is entitled is the
19		percentage interest of the undivided ownership of the common
20		elements appurtenant thereto, provided that the bylaws may
21		provide for approval by unit owners in connection with matters
22		where the requisite approval on a percentage basis is not
23		specified in this Act, on the basis of one vote per unit;
24		(8) that, where there is more than one owner of a unit, if
25		only one of the multiple owners is present at a meeting of the
26		association, he is entitled to cast all the votes allocated to

HB5540 Enrolled - 1517 - LRB099 16003 AMC 40320 b
1		that unit, if more than one of the multiple owners are present,
2		the votes allocated to that unit may be cast only in accordance
3		with the agreement of a majority in interest of the multiple
4		owners, unless the declaration expressly provides otherwise,
5		that there is majority agreement if any one of the multiple
6		owners cast the votes allocated to that unit without protest
7		being made promptly to the person presiding over the meeting by
8		any of the other owners of the unit;
9		(9)(A) except as provided in subparagraph (B) of this
10		paragraph (9) in connection with board elections, that a unit
11		owner may vote by proxy executed in writing by the unit owner
12		or by his duly authorized attorney in fact; that the proxy must
13		bear the date of execution and, unless the condominium
14		instruments or the written proxy itself provide otherwise, is
15		invalid after 11 months from the date of its execution; to the
16		extent the condominium instruments or rules adopted thereunder
17		expressly so provide, a vote or proxy may be submitted by
18		electronic transmission, provided that any such electronic
19		transmission shall either set forth or be submitted with
20		information from which it can be determined that the electronic
21		transmission was authorized by the unit owner or the unit
22		owner's proxy;
23		(B) that if a rule adopted at least 120 days before a board
24		election or the declaration or bylaws provide for balloting as
25		set forth in this subsection, unit owners may not vote by proxy
26		in board elections, but may vote only (i) by submitting an

HB5540 Enrolled - 1518 - LRB099 16003 AMC 40320 b
1		association-issued ballot in person at the election meeting or
2		(ii) by submitting an association-issued ballot to the
3		association or its designated agent by mail or other means of
4		delivery specified in the declaration, bylaws, or rule; that
5		the ballots shall be mailed or otherwise distributed to unit
6		owners not less than 10 and not more than 30 days before the
7		election meeting, and the board shall give unit owners not less
8		than 21 days' prior written notice of the deadline for
9		inclusion of a candidate's name on the ballots; that the
10		deadline shall be no more than 7 days before the ballots are
11		mailed or otherwise distributed to unit owners; that every such
12		ballot must include the names of all candidates who have given
13		the board or its authorized agent timely written notice of
14		their candidacy and must give the person casting the ballot the
15		opportunity to cast votes for candidates whose names do not
16		appear on the ballot; that a ballot received by the association
17		or its designated agent after the close of voting shall not be
18		counted; that a unit owner who submits a ballot by mail or
19		other means of delivery specified in the declaration, bylaws,
20		or rule may request and cast a ballot in person at the election
21		meeting, and thereby void any ballot previously submitted by
22		that unit owner;
23		(B-5) that if a rule adopted at least 120 days before a
24		board election or the declaration or bylaws provide for
25		balloting as set forth in this subparagraph, unit owners may
26		not vote by proxy in board elections, but may vote only (i) by

HB5540 Enrolled - 1519 - LRB099 16003 AMC 40320 b
1		submitting an association-issued ballot in person at the
2		election meeting; or (ii) by any acceptable technological means
3		as defined in Section 2 of this Act; instructions regarding the
4		use of electronic means for voting shall be distributed to all
5		unit owners not less than 10 and not more than 30 days before
6		the election meeting, and the board shall give unit owners not
7		less than 21 days' prior written notice of the deadline for
8		inclusion of a candidate's name on the ballots; the deadline
9		shall be no more than 7 days before the instructions for voting
10		using electronic or acceptable technological means is
11		distributed to unit owners; every instruction notice must
12		include the names of all candidates who have given the board or
13		its authorized agent timely written notice of their candidacy
14		and must give the person voting through electronic or
15		acceptable technological means the opportunity to cast votes
16		for candidates whose names do not appear on the ballot; a unit
17		owner who submits a vote using electronic or acceptable
18		technological means may request and cast a ballot in person at
19		the election meeting, thereby voiding any vote previously
20		submitted by that unit owner;
21		(C) that if a written petition by unit owners with at least
22		20% of the votes of the association is delivered to the board
23		within 14 days after the board's approval of a rule adopted
24		pursuant to subparagraph (B) or subparagraph (B-5) of this
25		paragraph (9), the board shall call a meeting of the unit
26		owners within 30 days after the date of delivery of the

HB5540 Enrolled - 1520 - LRB099 16003 AMC 40320 b
1		petition; that unless a majority of the total votes of the unit
2		owners are cast at the meeting to reject the rule, the rule is
3		ratified;
4		(D) that votes cast by ballot under subparagraph (B) or
5		electronic or acceptable technological means under
6		subparagraph (B-5) of this paragraph (9) are valid for the
7		purpose of establishing a quorum;
8		(10) that the association may, upon adoption of the
9		appropriate rules by the board of managers, conduct elections
10		by secret ballot whereby the voting ballot is marked only with
11		the percentage interest for the unit and the vote itself,
12		provided that the board further adopt rules to verify the
13		status of the unit owner issuing a proxy or casting a ballot;
14		and further, that a candidate for election to the board of
15		managers or such candidate's representative shall have the
16		right to be present at the counting of ballots at such
17		election;
18		(11) that in the event of a resale of a condominium unit
19		the purchaser of a unit from a seller other than the developer
20		pursuant to an installment contract for purchase shall during
21		such times as he or she resides in the unit be counted toward a
22		quorum for purposes of election of members of the board of
23		managers at any meeting of the unit owners called for purposes
24		of electing members of the board, shall have the right to vote
25		for the election of members of the board of managers and to be
26		elected to and serve on the board of managers unless the seller

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1		expressly retains in writing any or all of such rights. In no
2		event may the seller and purchaser both be counted toward a
3		quorum, be permitted to vote for a particular office or be
4		elected and serve on the board. Satisfactory evidence of the
5		installment contract contact shall be made available to the
6		association or its agents. For purposes of this subsection,
7		"installment contract" contact" shall have the same meaning as
8		set forth in Section 1 (e) of the Dwelling Unit Installment
9		Contract Act "An Act relating to installment contracts to sell
10		dwelling structures", approved August 11, 1967, as amended;
11		(12) the method by which matters subject to the approval of
12		unit owners set forth in this Act, or in the condominium
13		instruments, will be submitted to the unit owners at special
14		membership meetings called for such purposes; and
15		(13) that matters subject to the affirmative vote of not
16		less than 2/3 of the votes of unit owners at a meeting duly
17		called for that purpose, shall include, but not be limited to:
18		(i) merger or consolidation of the association;
19		(ii) sale, lease, exchange, or other disposition
20		(excluding the mortgage or pledge) of all, or substantially
21		all of the property and assets of the association; and
22		(iii) the purchase or sale of land or of units on
23		behalf of all unit owners.
24		(c) Election of a president from among the board of
25		managers, who shall preside over the meetings of the board of
26		managers and of the unit owners.

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1		(d) Election of a secretary from among the board of
2		managers, who shall keep the minutes of all meetings of the
3		board of managers and of the unit owners and who shall, in
4		general, perform all the duties incident to the office of
5		secretary.
6		(e) Election of a treasurer from among the board of
7		managers, who shall keep the financial records and books of
8		account.
9		(f) Maintenance, repair and replacement of the common
10		elements and payments therefor, including the method of
11		approving payment vouchers.
12		(g) An association with 30 or more units shall obtain and
13		maintain fidelity insurance covering persons who control or
14		disburse funds of the association for the maximum amount of
15		coverage available to protect funds in the custody or control
16		of the association plus the association reserve fund. All
17		management companies which are responsible for the funds held
18		or administered by the association shall maintain and furnish
19		to the association a fidelity bond for the maximum amount of
20		coverage available to protect funds in the custody of the
21		management company at any time. The association shall bear the
22		cost of the fidelity insurance and fidelity bond, unless
23		otherwise provided by contract between the association and a
24		management company. The association shall be the direct obligee
25		of any such fidelity bond. A management company holding reserve
26		funds of an association shall at all times maintain a separate

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1		account for each association, provided, however, that for
2		investment purposes, the Board of Managers of an association
3		may authorize a management company to maintain the
4		association's reserve funds in a single interest bearing
5		account with similar funds of other associations. The
6		management company shall at all times maintain records
7		identifying all moneys of each association in such investment
8		account. The management company may hold all operating funds of
9		associations which it manages in a single operating account but
10		shall at all times maintain records identifying all moneys of
11		each association in such operating account. Such operating and
12		reserve funds held by the management company for the
13		association shall not be subject to attachment by any creditor
14		of the management company.
15		For the purpose of this subsection, a management company
16		shall be defined as a person, partnership, corporation, or
17		other legal entity entitled to transact business on behalf of
18		others, acting on behalf of or as an agent for a unit owner,
19		unit owners or association of unit owners for the purpose of
20		carrying out the duties, responsibilities, and other
21		obligations necessary for the day to day operation and
22		management of any property subject to this Act. For purposes of
23		this subsection, the term "fiduciary insurance coverage" shall
24		be defined as both a fidelity bond and directors and officers
25		liability coverage, the fidelity bond in the full amount of
26		association funds and association reserves that will be in the

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1		custody of the association, and the directors and officers
2		liability coverage at a level as shall be determined to be
3		reasonable by the board of managers, if not otherwise
4		established by the declaration or by laws.
5		Until one year after September 21, 1985 (the effective date
6		of Public Act 84-722) this amendatory Act of 1985, if a
7		condominium association has reserves plus assessments in
8		excess of $250,000 and cannot reasonably obtain 100% fidelity
9		bond coverage for such amount, then it must obtain a fidelity
10		bond coverage of $250,000.
11		(h) Method of estimating the amount of the annual budget,
12		and the manner of assessing and collecting from the unit owners
13		their respective shares of such estimated expenses, and of any
14		other expenses lawfully agreed upon.
15		(i) That upon 10 days notice to the manager or board of
16		managers and payment of a reasonable fee, any unit owner shall
17		be furnished a statement of his account setting forth the
18		amount of any unpaid assessments or other charges due and owing
19		from such owner.
20		(j) Designation and removal of personnel necessary for the
21		maintenance, repair and replacement of the common elements.
22		(k) Such restrictions on and requirements respecting the
23		use and maintenance of the units and the use of the common
24		elements, not set forth in the declaration, as are designed to
25		prevent unreasonable interference with the use of their
26		respective units and of the common elements by the several unit

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1		owners.
2		(l) Method of adopting and of amending administrative rules
3		and regulations governing the operation and use of the common
4		elements.
5		(m) The percentage of votes required to modify or amend the
6		bylaws, but each one of the particulars set forth in this
7		section shall always be embodied in the bylaws.
8		(n)(i) The provisions of this Act, the declaration, bylaws,
9		other condominium instruments, and rules and regulations that
10		relate to the use of the individual unit or the common elements
11		shall be applicable to any person leasing a unit and shall be
12		deemed to be incorporated in any lease executed or renewed on
13		or after August 30, 1984 (the effective date of Public Act
14		83-1271) this amendatory Act of 1984.
15		(ii) With regard to any lease entered into subsequent to
16		July 1, 1990 (the effective date of Public Act 86-991) this
17		amendatory Act of 1989, the unit owner leasing the unit shall
18		deliver a copy of the signed lease to the board or if the lease
19		is oral, a memorandum of the lease, not later than the date of
20		occupancy or 10 days after the lease is signed, whichever
21		occurs first. In addition to any other remedies, by filing an
22		action jointly against the tenant and the unit owner, an
23		association may seek to enjoin a tenant from occupying a unit
24		or seek to evict a tenant under the provisions of Article IX of
25		the Code of Civil Procedure for failure of the lessor-owner to
26		comply with the leasing requirements prescribed by this Section

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1		or by the declaration, bylaws, and rules and regulations. The
2		board of managers may proceed directly against a tenant, at law
3		or in equity, or under the provisions of Article IX of the Code
4		of Civil Procedure, for any other breach by tenant of any
5		covenants, rules, regulations or bylaws.
6		(o) The association shall have no authority to forbear the
7		payment of assessments by any unit owner.
8		(p) That when 30% or fewer of the units, by number, possess
9		over 50% in the aggregate of the votes in the association, any
10		percentage vote of members specified herein or in the
11		condominium instruments shall require the specified percentage
12		by number of units rather than by percentage of interest in the
13		common elements allocated to units that would otherwise be
14		applicable and garage units or storage units, or both, shall
15		have, in total, no more votes than their aggregate percentage
16		of ownership in the common elements; this shall mean that if
17		garage units or storage units, or both, are to be given a vote,
18		or portion of a vote, that the association must add the total
19		number of votes cast of garage units, storage units, or both,
20		and divide the total by the number of garage units, storage
21		units, or both, and multiply by the aggregate percentage of
22		ownership of garage units and storage units to determine the
23		vote, or portion of a vote, that garage units or storage units,
24		or both, have. For purposes of this subsection (p), when making
25		a determination of whether 30% or fewer of the units, by
26		number, possess over 50% in the aggregate of the votes in the

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1		association, a unit shall not include a garage unit or a
2		storage unit.
3		(q) That a unit owner may not assign, delegate, transfer,
4		surrender, or avoid the duties, responsibilities, and
5		liabilities of a unit owner under this Act, the condominium
6		instruments, or the rules and regulations of the Association;
7		and that such an attempted assignment, delegation, transfer,
8		surrender, or avoidance shall be deemed void.
9		The provisions of this Section are applicable to all
10		condominium instruments recorded under this Act. Any portion of
11		a condominium instrument which contains provisions contrary to
12		these provisions shall be void as against public policy and
13		ineffective. Any such instrument which fails to contain the
14		provisions required by this Section shall be deemed to
15		incorporate such provisions by operation of law.
16		(Source: P.A. 98-1042, eff. 1-1-15; 99-472, eff. 6-1-16;
17		revised 10-19-15.)
18		Section 610. The Illinois Human Rights Act is amended by
19		changing Sections 2-104, 3-102, 3-105, 8-101, and 9-102 as
20		follows:
21		(775 ILCS 5/2-104) (from Ch. 68, par. 2-104)
22		Sec. 2-104. Exemptions.
23		(A) Nothing contained in this Act shall prohibit an
24		employer, employment agency, or labor organization from:

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1		(1) Bona Fide Qualification. Hiring or selecting
2		between persons for bona fide occupational qualifications
3		or any reason except those civil-rights violations
4		specifically identified in this Article.
5		(2) Veterans. Giving preferential treatment to
6		veterans and their relatives as required by the laws or
7		regulations of the United States or this State or a unit of
8		local government, or pursuant to a private employer's
9		voluntary veterans' preference employment policy
10		authorized by the Veterans Preference in Private
11		Employment Act.
12		(3) Unfavorable Discharge From Military Service.
13		(a) Using unfavorable discharge from military
14		service as a valid employment criterion when
15		authorized by federal law or regulation or when a
16		position of employment involves the exercise of
17		fiduciary responsibilities as defined by rules and
18		regulations which the Department shall adopt; or
19		(b) Participating in a bona fide recruiting
20		incentive program, sponsored by a branch of the United
21		States Armed Forces, a reserve component of the United
22		States Armed Forces, or any National Guard or Naval
23		Militia, where participation in the program is limited
24		by the sponsoring branch based upon the service
25		member's discharge status.
26		(4) Ability Tests. Giving or acting upon the results of

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1		any professionally developed ability test provided that
2		such test, its administration, or action upon the results,
3		is not used as a subterfuge for or does not have the effect
4		of unlawful discrimination.
5		(5) Merit and Retirement Systems.
6		(a) Applying different standards of compensation,
7		or different terms, conditions or privileges of
8		employment pursuant to a merit or retirement system
9		provided that such system or its administration is not
10		used as a subterfuge for or does not have the effect of
11		unlawful discrimination.
12		(b) Effecting compulsory retirement of any
13		employee who has attained 65 years of age and who, for
14		the 2-year period immediately preceding retirement, is
15		employed in a bona fide executive or a high
16		policymaking position, if such employee is entitled to
17		an immediate nonforfeitable annual retirement benefit
18		from a pension, profit-sharing, savings, or deferred
19		compensation plan, or any combination of such plans of
20		the employer of such employee, which equals, in the
21		aggregate, at least $44,000. If any such retirement
22		benefit is in a form other than a straight life annuity
23		(with no ancillary benefits) or if the employees
24		contribute to any such plan or make rollover
25		contributions, the retirement benefit shall be
26		adjusted in accordance with regulations prescribed by

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1		the Department, so that the benefit is the equivalent
2		of a straight life annuity (with no ancillary benefits)
3		under a plan to which employees do not contribute and
4		under which no rollover contributions are made.
5		(c) Until January 1, 1994, effecting compulsory
6		retirement of any employee who has attained 70 years of
7		age, and who is serving under a contract of unlimited
8		tenure (or similar arrangement providing for unlimited
9		tenure) at an institution of higher education as
10		defined by Section 1201(a) of the Higher Education Act
11		of 1965.
12		(6) Training and Apprenticeship programs. Establishing
13		an educational requirement as a prerequisite to selection
14		for a training or apprenticeship program, provided such
15		requirement does not operate to discriminate on the basis
16		of any prohibited classification except age.
17		(7) Police and Firefighter/Paramedic Retirement.
18		Imposing a mandatory retirement age for
19		firefighters/paramedics or law enforcement officers and
20		discharging or retiring such individuals pursuant to the
21		mandatory retirement age if such action is taken pursuant
22		to a bona fide retirement plan provided that the law
23		enforcement officer or firefighter/paramedic has attained:
24		(a) the age of retirement in effect under
25		applicable State or local law on March 3, 1983; or
26		(b) if the applicable State or local law was

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1		enacted after the date of enactment of the federal Age
2		Discrimination in Employment Act Amendments of 1996
3		(P.L. 104-208), the age of retirement in effect on the
4		date of such discharge under such law.
5		This paragraph (7) shall not apply with respect to any
6		cause of action arising under the Illinois Human Rights Act
7		as in effect prior to the effective date of this amendatory
8		Act of 1997.
9		(8) Police and Firefighter/Paramedic Appointment.
10		Failing or refusing to hire any individual because of such
11		individual's age if such action is taken with respect to
12		the employment of an individual as a firefighter/paramedic
13		or as a law enforcement officer and the individual has
14		attained:
15		(a) the age of hiring or appointment in effect
16		under applicable State or local law on March 3, 1983;
17		or
18		(b) the age of hiring in effect on the date of such
19		failure or refusal to hire under applicable State or
20		local law enacted after the date of enactment of the
21		federal Age Discrimination in Employment Act
22		Amendments of 1996 (P.L. 104-208).
23		As used in paragraph (7) or (8):
24		"Firefighter/paramedic" means an employee, the duties
25		of whose position are primarily to perform work directly
26		connected with the control and extinguishment of fires or

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1		the maintenance and use of firefighting apparatus and
2		equipment, or to provide emergency medical services,
3		including an employee engaged in this activity who is
4		transferred to a supervisory or administrative position.
5		"Law enforcement officer" means an employee, the
6		duties of whose position are primarily the investigation,
7		apprehension, or detention of individuals suspected or
8		convicted of criminal offenses, including an employee
9		engaged in this activity who is transferred to a
10		supervisory or administrative position.
11		(9) Citizenship Status. Making legitimate distinctions
12		based on citizenship status if specifically authorized or
13		required by State or federal law.
14		(B) With respect to any employee who is subject to a
15		collective bargaining agreement:
16		(a) which is in effect on June 30, 1986,
17		(b) which terminates after January 1, 1987,
18		(c) any provision of which was entered into by a labor
19		organization as defined by Section 6(d)(4) of the Fair
20		Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and
21		(d) which contains any provision that would be
22		superseded by this amendatory Act of 1987 (Public Act
23		85-748),
24		Public Act 85-748 such amendatory Act of 1987 shall not apply
25		until the termination of such collective bargaining agreement
26		or January 1, 1990, whichever occurs first.

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1		(C)(1) For purposes of this Act, the term "disability"
2		shall not include any employee or applicant who is currently
3		engaging in the illegal use of drugs, when an employer acts on
4		the basis of such use.
5		(2) Paragraph (1) shall not apply where an employee or
6		applicant for employment:
7		(a) has successfully completed a supervised drug
8		rehabilitation program and is no longer engaging in the
9		illegal use of drugs, or has otherwise been rehabilitated
10		successfully and is no longer engaging in such use;
11		(b) is participating in a supervised rehabilitation
12		program and is no longer engaging in such use; or
13		(c) is erroneously regarded as engaging in such use,
14		but is not engaging in such use.
15		It shall not be a violation of this Act for an employer to
16		adopt or administer reasonable policies or procedures,
17		including but not limited to drug testing, designed to ensure
18		that an individual described in subparagraph (a) or (b) is no
19		longer engaging in the illegal use of drugs.
20		(3) An employer:
21		(a) may prohibit the illegal use of drugs and the use
22		of alcohol at the workplace by all employees;
23		(b) may require that employees shall not be under the
24		influence of alcohol or be engaging in the illegal use of
25		drugs at the workplace;
26		(c) may require that employees behave in conformance

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1		with the requirements established under the federal
2		Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and
3		the Drug Free Workplace Act;
4		(d) may hold an employee who engages in the illegal use
5		of drugs or who is an alcoholic to the same qualification
6		standards for employment or job performance and behavior
7		that such employer holds other employees, even if any
8		unsatisfactory performance or behavior is related to the
9		drug use or alcoholism of such employee; and
10		(e) may, with respect to federal regulations regarding
11		alcohol and the illegal use of drugs, require that:
12		(i) employees comply with the standards
13		established in such regulations of the United States
14		Department of Defense, if the employees of the employer
15		are employed in an industry subject to such
16		regulations, including complying with regulations (if
17		any) that apply to employment in sensitive positions in
18		such an industry, in the case of employees of the
19		employer who are employed in such positions (as defined
20		in the regulations of the Department of Defense);
21		(ii) employees comply with the standards
22		established in such regulations of the Nuclear
23		Regulatory Commission, if the employees of the
24		employer are employed in an industry subject to such
25		regulations, including complying with regulations (if
26		any) that apply to employment in sensitive positions in

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1		such an industry, in the case of employees of the
2		employer who are employed in such positions (as defined
3		in the regulations of the Nuclear Regulatory
4		Commission); and
5		(iii) employees comply with the standards
6		established in such regulations of the United States
7		Department of Transportation, if the employees of the
8		employer are employed in a transportation industry
9		subject to such regulations, including complying with
10		such regulations (if any) that apply to employment in
11		sensitive positions in such an industry, in the case of
12		employees of the employer who are employed in such
13		positions (as defined in the regulations of the United
14		States Department of Transportation).
15		(4) For purposes of this Act, a test to determine the
16		illegal use of drugs shall not be considered a medical
17		examination. Nothing in this Act shall be construed to
18		encourage, prohibit, or authorize the conducting of drug
19		testing for the illegal use of drugs by job applicants or
20		employees or making employment decisions based on such test
21		results.
22		(5) Nothing in this Act shall be construed to encourage,
23		prohibit, restrict, or authorize the otherwise lawful exercise
24		by an employer subject to the jurisdiction of the United States
25		Department of Transportation of authority to:
26		(a) test employees of such employer in, and applicants

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1		for, positions involving safety-sensitive duties for the
2		illegal use of drugs and for on-duty impairment by alcohol;
3		and
4		(b) remove such persons who test positive for illegal
5		use of drugs and on-duty impairment by alcohol pursuant to
6		subparagraph (a) from safety-sensitive duties in
7		implementing paragraph (3).
8		(Source: P.A. 99-152, eff. 1-1-16, 99-165, eff. 7-28-15;
9		revised 10-29-15.)
10		(775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
11		Sec. 3-102. Civil Rights Violations; Real Estate
12		Transactions. ) It is a civil rights violation for an owner or
13		any other person engaging in a real estate transaction, or for
14		a real estate broker or salesman, because of unlawful
15		discrimination or familial status, to
16		(A) Transaction. Refuse to engage in a real estate
17		transaction with a person or to discriminate in making
18		available such a transaction;
19		(B) Terms. Alter the terms, conditions or privileges of
20		a real estate transaction or in the furnishing of
21		facilities or services in connection therewith;
22		(C) Offer. Refuse to receive or to fail to transmit a
23		bona fide offer to engage in a real estate transaction from
24		a person;
25		(D) Negotiation. Refuse to negotiate for a real estate

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1		transaction with a person;
2		(E) Representations. Represent to a person that real
3		property is not available for inspection, sale, rental, or
4		lease when in fact it is so available, or to fail to bring
5		a property listing to his or her attention, or to refuse to
6		permit him or her to inspect real property;
7		(F) Publication of Intent. Make, print, circulate,
8		post, mail, publish or cause to be made, printed,
9		circulated, posted, mailed, or published any notice,
10		statement, advertisement or sign, or use a form of
11		application for a real estate transaction, or make a record
12		or inquiry in connection with a prospective real estate
13		transaction, that indicates any preference, limitation, or
14		discrimination based on unlawful discrimination or
15		unlawful discrimination based on familial status, or an
16		intention to make any such preference, limitation, or
17		discrimination;
18		(G) Listings. Offer, solicit, accept, use or retain a
19		listing of real property with knowledge that unlawful
20		discrimination or discrimination on the basis of familial
21		status in a real estate transaction is intended.
22		(Source: P.A. 99-196, eff. 7-30-15; revised 10-20-15.)
23		(775 ILCS 5/3-105) (from Ch. 68, par. 3-105)
24		Sec. 3-105. Restrictive Covenants.)
25		(A) Agreements. Every provision in an oral agreement or a

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1		written instrument relating to real property which purports to
2		forbid or restrict the conveyance, encumbrance, occupancy, or
3		lease thereof on the basis of race, color, religion, or
4		national origin is void.
5		(B) Limitations. (1) Every condition, restriction or
6		prohibition, including a right of entry or possibility of
7		reverter, which directly or indirectly limits the use or
8		occupancy of real property on the basis of race, color,
9		religion, or national origin is void.
10		(2) This Section shall not apply to a limitation of use on
11		the basis of religion of real property held by a religious
12		institution or organization or by a religious or charitable
13		organization operated, supervised, or controlled by a
14		religious institution or organization, and used for religious
15		or charitable purposes.
16		(C) Civil Rights Violations. It is a civil rights violation
17		to insert in a written instrument relating to real property a
18		provision that is void under this Section or to honor or
19		attempt to honor such a provision in the chain of title.
20		(Source: P.A. 81-1216; revised 10-21-15.)
21		(775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
22		Sec. 8-101. Illinois Human Rights Commission. )
23		(A) Creation; appointments. The Human Rights Commission is
24		created to consist of 13 members appointed by the Governor with
25		the advice and consent of the Senate. No more than 7 members

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1		shall be of the same political party. The Governor shall
2		designate one member as chairperson. All appointments shall be
3		in writing and filed with the Secretary of State as a public
4		record.
5		(B) Terms. Of the members first appointed, 4 shall be
6		appointed for a term to expire on the third Monday of January,
7		1981, and 5 (including the Chairperson) shall be appointed for
8		a term to expire on the third Monday of January, 1983.
9		Notwithstanding any provision of this Section to the
10		contrary, the term of office of each member of the Illinois
11		Human Rights Commission is abolished on July 29, 1985, but the
12		incumbent members shall continue to exercise all of the powers
13		and be subject to all of the duties of members of the
14		Commission until their respective successors are appointed and
15		qualified. Subject to the provisions of subsection (A), of the
16		9 members appointed under Public Act 84-115, effective July 29,
17		1985, 5 members shall be appointed for terms to expire on the
18		third Monday of January, 1987, and 4 members shall be appointed
19		for terms to expire on the third Monday of January, 1989; and
20		of the 4 additional members appointed under Public Act 84-1084,
21		effective December 2, 1985, two shall be appointed for a term
22		to expire on the third Monday of January, 1987, and two members
23		shall be appointed for a term to expire on the third Monday of
24		January, 1989.
25		Thereafter, each member shall serve for a term of 4 years
26		and until his or her successor is appointed and qualified;

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1		except that any member chosen to fill a vacancy occurring
2		otherwise than by expiration of a term shall be appointed only
3		for the unexpired term of the member whom he or she shall
4		succeed and until his or her successor is appointed and
5		qualified.
6		(C) Vacancies.
7		(1) In the case of vacancies on the Commission during a
8		recess of the Senate, the Governor shall make a temporary
9		appointment until the next meeting of the Senate when he or
10		she shall appoint a person to fill the vacancy. Any person
11		so nominated and confirmed by the Senate shall hold office
12		for the remainder of the term and until his or her
13		successor is appointed and qualified.
14		(2) If the Senate is not in session at the time this
15		Act takes effect, the Governor shall make temporary
16		appointments to the Commission as in the case of vacancies.
17		(3) Vacancies in the Commission shall not impair the
18		right of the remaining members to exercise all the powers
19		of the Commission. Except when authorized by this Act to
20		proceed through a 3 member panel, a majority of the members
21		of the Commission then in office shall constitute a quorum.
22		(D) Compensation. The Chairperson of the Commission shall
23		be compensated at the rate of $22,500 per year, or as set by
24		the Compensation Review Board, whichever is greater, during his
25		or her service as Chairperson, and each other member shall be
26		compensated at the rate of $20,000 per year, or as set by the

HB5540 Enrolled - 1541 - LRB099 16003 AMC 40320 b
1		Compensation Review Board, whichever is greater. In addition,
2		all members of the Commission shall be reimbursed for expenses
3		actually and necessarily incurred by them in the performance of
4		their duties.
5		(Source: P.A. 84-1308; revised 10-20-15.)
6		(775 ILCS 5/9-102) (from Ch. 68, par. 9-102)
7		Sec. 9-102. Pending Matters. )
8		(A) Charges; Complaints; Causes of Action. This Act shall
9		not affect or abate any cause of action, charge, complaint or
10		other matter pending before or accrued under the jurisdiction
11		of the Fair Employment Practices Commission or the Department
12		of Equal Employment Opportunity. Each charge, complaint, or
13		matter shall be assumed by the Department or Commission, as
14		provided in this Act, at the same stage, or a parallel stage,
15		of proceeding to which it had progressed prior to the effective
16		date of this Act.
17		(B) Special Cases. The Human Rights Act shall not in any
18		way affect or abate any right, claim or cause of action under
19		the "Equal Opportunities for the Handicapped Act", approved
20		August 23, 1971, as amended, which accrued or arose prior to
21		July 1, 1980.
22		(Source: P.A. 84-1084; revised 10-19-15.)
23		Section 615. The General Not For Profit Corporation Act of
24		1986 is amended by changing Section 113.50 as follows:

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1		(805 ILCS 105/113.50) (from Ch. 32, par. 113.50)
2		Sec. 113.50. Grounds for revocation of authority.
3		(a) The authority of a foreign corporation to conduct
4		affairs in this State may be revoked by the Secretary of State:
5		(1) Upon the failure of an officer or director to whom
6		interrogatories have been propounded by the Secretary of
7		State, as provided in this Act, to answer the same fully
8		and to file such answer in the office of the Secretary of
9		State;
10		(2) If the authority of the corporation was procured
11		through fraud practiced upon the State;
12		(3) If the corporation has continued to exceed or abuse
13		the authority conferred upon it by this Act;
14		(4) Upon the failure of the corporation to keep on file
15		in the office of the Secretary of State duly authenticated
16		copies of each amendment to its articles of or
17		incorporation;
18		(5) Upon the failure of the corporation to appoint and
19		maintain a registered agent in this State;
20		(6) Upon the failure of the corporation to file any
21		report after the period prescribed by this Act for the
22		filing of such report;
23		(7) Upon the failure of the corporation to pay any fees
24		or charges prescribed by this Act;
25		(8) For misrepresentation of any material matter in any

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1		application, report, affidavit, or other document filed by
2		such corporation pursuant to this Act;
3		(9) Upon the failure of the corporation to renew its
4		assumed name or to apply to change its assumed name
5		pursuant to the provisions of this Act, when the
6		corporation can only conduct affairs within this State
7		under its assumed name in accordance with the provisions of
8		Section 104.05 of this Act;
9		(10) Upon notification from the local liquor
10		commissioner, pursuant to Section 4-4(3) of the "The Liquor
11		Control Act of 1934," as now or hereafter amended, that a
12		foreign corporation functioning as a club in this State has
13		violated that Act by selling or offering for sale at retail
14		alcoholic liquors without a retailer's license; or
15		(11) When, in an action by the Attorney General, under
16		the provisions of the "Consumer Fraud and Deceptive
17		Business Practices Act, the Solicitation for Charity Act ",
18		or "An Act to regulate solicitation and collection of funds
19		for charitable purposes, providing for violations thereof,
20		and making an appropriation therefor", approved July 26,
21		1963, as amended, or the "Charitable Trust Act", a court
22		has found that the corporation substantially and willfully
23		violated any of such Acts.
24		(b) The enumeration of grounds for revocation in paragraphs
25		(1) through (11) of subsection (a) shall not preclude any
26		action by the Attorney General which is authorized by any other

HB5540 Enrolled - 1544 - LRB099 16003 AMC 40320 b
1		statute of the State of Illinois or the common law.
2		(Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03; revised
3		10-20-15.)
4		Section 620. The High Risk Home Loan Act is amended by
5		changing Section 10 as follows:
6		(815 ILCS 137/10)
7		Sec. 10. Definitions. As used in this Act:
8		"Approved credit counselor" means a credit counselor
9		approved by the Director of Financial Institutions.
10		"Bona fide discount points" means loan discount points that
11		are knowingly paid by the consumer for the purpose of reducing,
12		and that in fact result in a bona fide reduction of, the
13		interest rate or time price differential applicable to the
14		mortgage.
15		"Borrower" means a natural person who seeks or obtains a
16		high risk home loan.
17		"Commissioner" means the Commissioner of the Office of
18		Banks and Real Estate.
19		"Department" means the Department of Financial
20		Institutions.
21		"Director" means the Director of Financial Institutions.
22		"Good faith" means honesty in fact in the conduct or
23		transaction concerned.
24		"High risk home loan" means a consumer credit transaction,

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1		other than a reverse mortgage, that is secured by the
2		consumer's principal dwelling if: (i) at the time of
3		origination, the annual percentage rate exceeds by more than 6
4		percentage points in the case of a first lien mortgage, or by
5		more than 8 percentage points in the case of a junior mortgage,
6		the average prime offer rate, as defined in Section
7		129C(b)(2)(B) of the federal Truth in Lending Act, for a
8		comparable transaction as of the date on which the interest
9		rate for the transaction is set, or if the dwelling is personal
10		property, then as provided under 15 U.S.C. 1602(bb), as
11		amended, and any corresponding regulation, as amended, (ii) the
12		loan documents permit the creditor to charge or collect
13		prepayment fees or penalties more than 36 months after the
14		transaction closing or such fees exceed, in the aggregate, more
15		than 2% of the amount prepaid, or (iii) the total points and
16		fees payable in connection with the transaction, other than
17		bona fide third-party charges not retained by the mortgage
18		originator, creditor, or an affiliate of the mortgage
19		originator or creditor, will exceed (1) 5% of the total loan
20		amount in the case of a transaction for $20,000 (or such other
21		dollar amount as prescribed by federal regulation pursuant to
22		the federal Dodd-Frank Act) or more or (2) the lesser of 8% of
23		the total loan amount or $1,000 (or such other dollar amount as
24		prescribed by federal regulation pursuant to the federal
25		Dodd-Frank Act) in the case of a transaction for less than
26		$20,000 (or such other dollar amount as prescribed by federal

HB5540 Enrolled - 1546 - LRB099 16003 AMC 40320 b
1		regulation pursuant to the federal Dodd-Frank Act), except
2		that, with respect to all transactions, bona fide loan discount
3		points may be excluded as provided for in Section 35 of this
4		Act. "High risk home loan" does not include a loan that is made
5		primarily for a business purpose unrelated to the residential
6		real property securing the loan or a consumer credit
7		transaction made by a natural person who provides seller
8		financing secured by a principal residence no more than 3 times
9		in a 12-month period, provided such consumer credit transaction
10		is not made by a person that has constructed or acted as a
11		contractor for the construction of the residence in the
12		ordinary course of business of such person.
13		"Lender" means a natural or artificial person who
14		transfers, deals in, offers, or makes a high risk home loan.
15		"Lender" includes, but is not limited to, creditors and brokers
16		who transfer, deal in, offer, or make high risk home loans.
17		"Lender" does not include purchasers, assignees, or subsequent
18		holders of high risk home loans.
19		"Office" means the Office of Banks and Real Estate.
20		"Points and fees" means all items considered to be points
21		and fees under 12 CFR 226.32 (2000, or as initially amended
22		pursuant to Section 1431 of the federal Dodd-Frank Act with no
23		subsequent amendments or editions included, whichever is
24		later); compensation paid directly or indirectly by a consumer
25		or creditor to a mortgage broker from any source, including a
26		broker that originates a loan in its own name in a table-funded

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1		transaction, not otherwise included in 12 CFR 226.4; the
2		maximum prepayment fees and penalties that may be charged or
3		collected under the terms of the credit transaction; all
4		prepayment fees or penalties that are incurred by the consumer
5		if the loan refinances a previous loan made or currently held
6		by the same creditor or an affiliate of the creditor; and
7		premiums or other charges payable at or before closing or
8		financed directly or indirectly into the loan for any credit
9		life, credit disability, credit unemployment, credit property,
10		other accident, loss of income, life, or health insurance or
11		payments directly or indirectly for any debt cancellation or
12		suspension agreement or contract, except that insurance
13		premiums or debt cancellation or suspension fees calculated and
14		paid in full on a monthly basis shall not be considered
15		financed by the creditor. "Points and fees" does not include
16		any insurance premium provided by an agency of the federal
17		government or an agency of a state; any insurance premium paid
18		by the consumer after closing; and any amount of a premium,
19		charge, or fee that is not in excess of the amount payable
20		under policies in effect at the time of origination under
21		Section 203(c)(2)(A) of the National Housing Act (12 U.S.C.
22		1709(c)(2)(A)), provided that the premium, charge, or fee is
23		required to be refundable on a pro-rated basis and the refund
24		is automatically issued upon notification of the satisfaction
25		of the underlying mortgage loan.
26		"Prepayment penalty" and "prepayment fees or penalties"

HB5540 Enrolled - 1548 - LRB099 16003 AMC 40320 b
1		mean: (i) for a closed-end credit transaction, a charge imposed
2		for paying all or part of the transaction's principal before
3		the date on which the principal is due, other than a waived,
4		bona fide third-party charge that the creditor imposes if the
5		consumer prepays all of the transactions's principal sooner
6		than 36 months after consummation and (ii) for an open-end
7		credit plan, a charge imposed by the creditor if the consumer
8		terminates the open-end credit plan prior to the end of its
9		term, other than a waived, bona fide third-party charge that
10		the creditor imposes if the consumer terminates the open-end
11		credit plan sooner than 36 months after account opening.
12		"Reasonable" means fair, proper, just, or prudent under the
13		circumstances.
14		"Servicer" means any entity chartered under the Illinois
15		Banking Act, the Savings Bank Act, the Illinois Credit Union
16		Act, or the Illinois Savings and Loan Act of 1985 and any
17		person or entity licensed under the Residential Mortgage
18		License Act of 1987, the Consumer Installment Loan Act, or the
19		Sales Finance Agency Act who is responsible for the collection
20		or remittance for, or has the right or obligation to collect or
21		remit for, any lender, note owner, or note holder or for a
22		licensee's own account, of payments, interest, principal, and
23		trust items (such as hazard insurance and taxes on a
24		residential mortgage loan) in accordance with the terms of the
25		residential mortgage loan, including loan payment follow-up,
26		delinquency loan follow-up, loan analysis, and any

HB5540 Enrolled - 1549 - LRB099 16003 AMC 40320 b
1		notifications to the borrower that are necessary to enable the
2		borrower to keep the loan current and in good standing.
3		"Total loan amount" has the same meaning as that term is
4		given in 12 CFR 226.32 and shall be calculated in accordance
5		with the Federal Reserve Board's Official Staff Commentary to
6		that regulation.
7		(Source: P.A. 99-150, eff. 7-28-15; 99-288, eff. 8-5-15;
8		revised 10-19-15.)
9		Section 625. The Motor Fuel Sales Act is amended by
10		changing Section 2 as follows:
11		(815 ILCS 365/2) (from Ch. 121 1/2, par. 1502)
12		Sec. 2. Assistance at stations with self-service and
13		full-service islands.
14		(a) Any attendant on duty at a gasoline station or service
15		station offering to the public retail sales of motor fuel at
16		both self-service and full-service islands shall, upon
17		request, dispense motor fuel for the driver of a car which is
18		parked at a self-service island and displays: (1) registration
19		plates issued to a person with a physical disability pursuant
20		to Section 3-616 of the Illinois Vehicle Code; (2) registration
21		plates issued to a veteran with a disability pursuant to
22		Section 3-609 or 3-609.01 of such Code; or (3) a special decal
23		or device issued pursuant to Section 11-1301.2 of such Code;
24		and shall only charge such driver prices as offered to the

HB5540 Enrolled - 1550 - LRB099 16003 AMC 40320 b
1		general public for motor fuel dispensed at the self-service
2		island. However, such attendant shall not be required to
3		perform other services which are offered at the full-service
4		island.
5		(b) Gasoline stations and service stations in this State
6		are subject to the federal Americans with Disabilities Act and
7		must:
8		(1) provide refueling assistance upon the request of an
9		individual with a disability (A gasoline station or service
10		station is not required to provide such service at any time
11		that it is operating on a remote control basis with a
12		single employee on duty at the motor fuel site, but is
13		encouraged to do so, if feasible.);
14		(2) by January 1, 2014, provide and display at least
15		one ADA compliant motor fuel dispenser with a direct
16		telephone number to the station that allows an operator of
17		a motor vehicle who has a disability to request refueling
18		assistance, with the telephone number posted in close
19		proximity to the International Symbol of Accessibility
20		required by the federal Americans with Disabilities Act,
21		however, if the station does not have at least one ADA
22		compliant motor fuel dispenser, the station must display on
23		at least one motor fuel dispenser a direct telephone number
24		to the station that allows an operator of a motor vehicle
25		who has a disability to request refueling assistance; and
26		(3) provide the refueling assistance without any

HB5540 Enrolled - 1551 - LRB099 16003 AMC 40320 b
1		charge beyond the self-serve price.
2		(c) The signage required under paragraph (2) of subsection
3		(b) shall be designated by the station owner and shall be
4		posted in a prominently visible place. The sign shall be
5		clearly visible to customers.
6		(d) The Secretary of State shall provide to persons with
7		disabilities information regarding the availability of
8		refueling assistance under this Section by the following
9		methods:
10		(1) by posting information about that availability on
11		the Secretary of State's Internet website, along with a
12		link to the Department of Human Services website; and
13		(2) by publishing a brochure containing information
14		about that availability, which shall be made available at
15		all Secretary of State offices throughout the State.
16		(d-5) On its Internet website, the Department of
17		Agriculture shall maintain a list of gasoline and service
18		stations that are required to report to the Department of
19		Agriculture's Bureau of Weights and Measures. The list shall
20		include the addresses and telephone numbers of the gasoline and
21		service stations. The Department of Agriculture shall provide
22		the Department of Human Services with a link to this website
23		information.
24		(e) The Department of Human Services shall post on its
25		Internet website information regarding the availability of
26		refueling assistance for persons with disabilities and the link

HB5540 Enrolled - 1552 - LRB099 16003 AMC 40320 b
1		to the list of gasoline and service stations provided by the
2		Department of Agriculture.
3		(f) A person commits a Class C misdemeanor if he or she
4		telephones a gasoline station or service station to request
5		refueling assistance and he or she:
6		(1) is not actually physically present at the gasoline
7		or service station; or
8		(2) is physically present at the gasoline or service
9		station but does not actually require refueling
10		assistance.
11		(g) The Department of Transportation shall work in
12		cooperation with appropriate representatives of gasoline and
13		service station trade associations and the petroleum industry
14		to increase the signage at gasoline and service stations on
15		interstate highways in this State with regard to the
16		availability of refueling assistance for persons with
17		disabilities.
18		(h) If an owner of a gas station or service station is
19		found by the Illinois Department of Agriculture, Bureau of
20		Weights and Measures, to be in violation of this Act, the owner
21		shall pay an administrative fine of $250. Any moneys collected
22		by the Department shall be deposited into the Motor Fuel and
23		Petroleum Standards Fund. The Department of Agriculture shall
24		have the same authority and powers as provided for in the Motor
25		Fuel and Petroleum Standards Act in enforcing this Act.
26		(Source: P.A. 99-44, eff. 1-1-16; 99-143, eff. 7-27-15; revised

HB5540 Enrolled - 1553 - LRB099 16003 AMC 40320 b
1		10-21-15.)
2		Section 630. The Used Lubricant Act is amended by changing
3		Section 2 as follows:
4		(815 ILCS 435/2) (from Ch. 96 1/2, par. 5802)
5		Sec. 2. Any person dealing in previously used or previously
6		used and reclaimed, re-refined, recleaned, or reconditioned
7		lubricating oils, lubricants or mixtures of lubricants without
8		having each and every container or item of equipment in or
9		through which any of such products are sold, kept for sale,
10		displayed or dispensed plainly labeled as required in this Act,
11		or advertising any of such products for sale without inserting
12		in such advertising a statement as required in this Act may
13		upon proper hearing be enjoined from selling any of such
14		products or offering, displaying or advertising any of the same
15		for sale. Action for such injunction may be brought in the
16		circuit court in the county in which the defendant resides, and
17		may be brought either by the Attorney General of this State
18		state or by the State's States Attorney in and for such county.
19		The authority granted by this Section shall be in addition to
20		and not in lieu of authority to prosecute criminally any person
21		for a violation of this Act. The granting or enforcing of any
22		injunction under this Act is a preventive measure for the
23		protection of the people of this State state, not a punitive
24		measure, and the fact that a person has been charged or

HB5540 Enrolled - 1554 - LRB099 16003 AMC 40320 b
1		convicted of a violation of this Act shall not prevent the
2		ordering of an injunction to prevent further unlawful dealing
3		in previously used or previously used and reclaimed,
4		re-refined, recleaned or reconditioned lubricating oils,
5		lubricants or mixtures of lubricants, nor shall the fact that
6		an injunction has been granted under this Act preclude the
7		institution of criminal prosecution or punishment. Upon
8		promulgation of labeling standards applicable to recycled oil
9		by the Federal Trade Commission as prescribed pursuant to Title
10		V, Section 383 of the federal "Energy Policy and Conservation
11		Act (P.L. " (P.A. 94-163) the provisions of this Section shall
12		no longer be in effect.
13		(Source: P.A. 83-346; revised 10-21-15.)
14		Section 635. The Consumer Fraud and Deceptive Business
15		Practices Act is amended by changing Sections 2Z and 2MM as
16		follows:
17		(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
18		Sec. 2Z. Violations of other Acts. Any person who knowingly
19		violates the Automotive Repair Act, the Automotive Collision
20		Repair Act, the Home Repair and Remodeling Act, the Dance
21		Studio Act, the Physical Fitness Services Act, the Hearing
22		Instrument Consumer Protection Act, the Illinois Union Label
23		Act, the Job Referral and Job Listing Services Consumer
24		Protection Act, the Travel Promotion Consumer Protection Act,

HB5540 Enrolled - 1555 - LRB099 16003 AMC 40320 b
1		the Credit Services Organizations Act, the Automatic Telephone
2		Dialers Act, the Pay-Per-Call Services Consumer Protection
3		Act, the Telephone Solicitations Act, the Illinois Funeral or
4		Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
5		Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales
6		Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
7		the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
8		3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
9		3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
10		Internet Caller Identification Act, paragraph (6) of
11		subsection (k) of Section 6-305 of the Illinois Vehicle Code,
12		Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
13		or 18d-153 of the Illinois Vehicle Code, Article 3 of the
14		Residential Real Property Disclosure Act, the Automatic
15		Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
16		the Youth Mental Health Protection Act, or the Personal
17		Information Protection Act commits an unlawful practice within
18		the meaning of this Act.
19		(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; revised
20		10-21-15.)
21		(815 ILCS 505/2MM)
22		Sec. 2MM. Verification of accuracy of consumer reporting
23		information used to extend consumers credit and security freeze
24		on credit reports.
25		(a) A credit card issuer who mails an offer or solicitation

HB5540 Enrolled - 1556 - LRB099 16003 AMC 40320 b
1		to apply for a credit card and who receives a completed
2		application in response to the offer or solicitation which
3		lists an address that is not substantially the same as the
4		address on the offer or solicitation may not issue a credit
5		card based on that application until reasonable steps have been
6		taken to verify the applicant's change of address.
7		(b) Any person who uses a consumer credit report in
8		connection with the approval of credit based on the application
9		for an extension of credit, and who has received notification
10		of a police report filed with a consumer reporting agency that
11		the applicant has been a victim of financial identity theft, as
12		defined in Section 16-30 or 16G-15 of the Criminal Code of 1961
13		or the Criminal Code of 2012, may not lend money or extend
14		credit without taking reasonable steps to verify the consumer's
15		identity and confirm that the application for an extension of
16		credit is not the result of financial identity theft.
17		(c) A consumer may request that a security freeze be placed
18		on his or her credit report by sending a request in writing by
19		certified mail to a consumer reporting agency at an address
20		designated by the consumer reporting agency to receive such
21		requests.
22		The following persons may request that a security freeze be
23		placed on the credit report of a person with a disability:
24		(1) a guardian of the person with a disability who that
25		is the subject of the request, appointed under Article XIa
26		of the Probate Act of 1975; and

HB5540 Enrolled - 1557 - LRB099 16003 AMC 40320 b
1		(2) an agent of the person with a disability who that
2		is the subject of the request, under a written durable
3		power of attorney that complies with the Illinois Power of
4		Attorney Act.
5		The following persons may request that a security freeze
6		be placed on the credit report of a minor:
7		(1) a guardian of the minor who that is the subject of
8		the request, appointed under Article XI of the Probate Act
9		of 1975;
10		(2) a parent of the minor who that is the subject of
11		the request; and
12		(3) a guardian appointed under the Juvenile Court Act
13		of 1987 for a minor under the age of 18 who is the subject
14		of the request or, with a court order authorizing the
15		guardian consent power, for a youth who is the subject of
16		the request who has attained the age of 18, but who is
17		under the age of 21.
18		This subsection (c) does not prevent a consumer reporting
19		agency from advising a third party that a security freeze is in
20		effect with respect to the consumer's credit report.
21		(d) A consumer reporting agency shall place a security
22		freeze on a consumer's credit report no later than 5 business
23		days after receiving a written request from the consumer:
24		(1) a written request described in subsection (c);
25		(2) proper identification; and
26		(3) payment of a fee, if applicable.

HB5540 Enrolled - 1558 - LRB099 16003 AMC 40320 b
1		(e) Upon placing the security freeze on the consumer's
2		credit report, the consumer reporting agency shall send to the
3		consumer within 10 business days a written confirmation of the
4		placement of the security freeze and a unique personal
5		identification number or password or similar device, other than
6		the consumer's Social Security number, to be used by the
7		consumer when providing authorization for the release of his or
8		her credit report for a specific party or period of time.
9		(f) If the consumer wishes to allow his or her credit
10		report to be accessed for a specific party or period of time
11		while a freeze is in place, he or she shall contact the
12		consumer reporting agency using a point of contact designated
13		by the consumer reporting agency, request that the freeze be
14		temporarily lifted, and provide the following:
15		(1) Proper identification;
16		(2) The unique personal identification number or
17		password or similar device provided by the consumer
18		reporting agency;
19		(3) The proper information regarding the third party or
20		time period for which the report shall be available to
21		users of the credit report; and
22		(4) A fee, if applicable.
23		A security freeze for a minor may not be temporarily
24		lifted. This Section does not require a consumer reporting
25		agency to provide to a minor or a parent or guardian of a minor
26		on behalf of the minor a unique personal identification number,

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1		password, or similar device provided by the consumer reporting
2		agency for the minor, or parent or guardian of the minor, to
3		use to authorize the consumer reporting agency to release
4		information from a minor.
5		(g) A consumer reporting agency shall develop a contact
6		method to receive and process a request from a consumer to
7		temporarily lift a freeze on a credit report pursuant to
8		subsection (f) in an expedited manner.
9		A contact method under this subsection shall include: (i) a
10		postal address; and (ii) an electronic contact method chosen by
11		the consumer reporting agency, which may include the use of
12		telephone, fax, Internet, or other electronic means.
13		(h) A consumer reporting agency that receives a request
14		from a consumer to temporarily lift a freeze on a credit report
15		pursuant to subsection (f), shall comply with the request no
16		later than 3 business days after receiving the request.
17		(i) A consumer reporting agency shall remove or temporarily
18		lift a freeze placed on a consumer's credit report only in the
19		following cases:
20		(1) upon consumer request, pursuant to subsection (f)
21		or subsection (l) of this Section; or
22		(2) if the consumer's credit report was frozen due to a
23		material misrepresentation of fact by the consumer.
24		If a consumer reporting agency intends to remove a freeze
25		upon a consumer's credit report pursuant to this subsection,
26		the consumer reporting agency shall notify the consumer in

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1		writing prior to removing the freeze on the consumer's credit
2		report.
3		(j) If a third party requests access to a credit report on
4		which a security freeze is in effect, and this request is in
5		connection with an application for credit or any other use, and
6		the consumer does not allow his or her credit report to be
7		accessed for that specific party or period of time, the third
8		party may treat the application as incomplete.
9		(k) If a consumer requests a security freeze, the credit
10		reporting agency shall disclose to the consumer the process of
11		placing and temporarily lifting a security freeze, and the
12		process for allowing access to information from the consumer's
13		credit report for a specific party or period of time while the
14		freeze is in place.
15		(l) A security freeze shall remain in place until the
16		consumer or person authorized under subsection (c) to act on
17		behalf of the minor or person with a disability who that is the
18		subject of the security freeze requests, using a point of
19		contact designated by the consumer reporting agency, that the
20		security freeze be removed. A credit reporting agency shall
21		remove a security freeze within 3 business days of receiving a
22		request for removal from the consumer, who provides:
23		(1) Proper identification;
24		(2) The unique personal identification number or
25		password or similar device provided by the consumer
26		reporting agency; and

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1		(3) A fee, if applicable.
2		(m) A consumer reporting agency shall require proper
3		identification of the person making a request to place or
4		remove a security freeze and may require proper identification
5		and proper authority from the person making the request to
6		place or remove a freeze on behalf of the person with a
7		disability or minor.
8		(n) The provisions of subsections (c) through (m) of this
9		Section do not apply to the use of a consumer credit report by
10		any of the following:
11		(1) A person or entity, or a subsidiary, affiliate, or
12		agent of that person or entity, or an assignee of a
13		financial obligation owing by the consumer to that person
14		or entity, or a prospective assignee of a financial
15		obligation owing by the consumer to that person or entity
16		in conjunction with the proposed purchase of the financial
17		obligation, with which the consumer has or had prior to
18		assignment an account or contract, including a demand
19		deposit account, or to whom the consumer issued a
20		negotiable instrument, for the purposes of reviewing the
21		account or collecting the financial obligation owing for
22		the account, contract, or negotiable instrument. For
23		purposes of this subsection, "reviewing the account"
24		includes activities related to account maintenance,
25		monitoring, credit line increases, and account upgrades
26		and enhancements.

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1		(2) A subsidiary, affiliate, agent, assignee, or
2		prospective assignee of a person to whom access has been
3		granted under subsection (f) of this Section for purposes
4		of facilitating the extension of credit or other
5		permissible use.
6		(3) Any state or local agency, law enforcement agency,
7		trial court, or private collection agency acting pursuant
8		to a court order, warrant, or subpoena.
9		(4) A child support agency acting pursuant to Title
10		IV-D of the Social Security Act.
11		(5) The State or its agents or assigns acting to
12		investigate fraud.
13		(6) The Department of Revenue or its agents or assigns
14		acting to investigate or collect delinquent taxes or unpaid
15		court orders or to fulfill any of its other statutory
16		responsibilities.
17		(7) The use of credit information for the purposes of
18		prescreening as provided for by the federal Fair Credit
19		Reporting Act.
20		(8) Any person or entity administering a credit file
21		monitoring subscription or similar service to which the
22		consumer has subscribed.
23		(9) Any person or entity for the purpose of providing a
24		consumer with a copy of his or her credit report or score
25		upon the consumer's request.
26		(10) Any person using the information in connection

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1		with the underwriting of insurance.
2		(n-5) This Section does not prevent a consumer reporting
3		agency from charging a fee of no more than $10 to a consumer
4		for each freeze, removal, or temporary lift of the freeze,
5		regarding access to a consumer credit report, except that a
6		consumer reporting agency may not charge a fee to: (i) a
7		consumer 65 years of age or over for placement and removal of a
8		freeze; (ii) a victim of identity theft who has submitted to
9		the consumer reporting agency a valid copy of a police report,
10		investigative report, or complaint that the consumer has filed
11		with a law enforcement agency about unlawful use of his or her
12		personal information by another person; or (iii) an active duty
13		military service member who has submitted to the consumer
14		reporting agency a copy of his or her orders calling the
15		service member to military service and any orders further
16		extending the service member's period of service if currently
17		active.
18		(o) If a security freeze is in place, a consumer reporting
19		agency shall not change any of the following official
20		information in a credit report without sending a written
21		confirmation of the change to the consumer within 30 days of
22		the change being posted to the consumer's file: (i) name, (ii)
23		date of birth, (iii) Social Security number, and (iv) address.
24		Written confirmation is not required for technical
25		modifications of a consumer's official information, including
26		name and street abbreviations, complete spellings, or

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1		transposition of numbers or letters. In the case of an address
2		change, the written confirmation shall be sent to both the new
3		address and to the former address.
4		(p) The following entities are not required to place a
5		security freeze in a consumer report, however, pursuant to
6		paragraph (3) of this subsection, a consumer reporting agency
7		acting as a reseller shall honor any security freeze placed on
8		a consumer credit report by another consumer reporting agency:
9		(1) A check services or fraud prevention services
10		company, which issues reports on incidents of fraud or
11		authorizations for the purpose of approving or processing
12		negotiable instruments, electronic funds transfers, or
13		similar methods of payment.
14		(2) A deposit account information service company,
15		which issues reports regarding account closures due to
16		fraud, substantial overdrafts, ATM abuse, or similar
17		negative information regarding a consumer to inquiring
18		banks or other financial institutions for use only in
19		reviewing a consumer request for a deposit account at the
20		inquiring bank or financial institution.
21		(3) A consumer reporting agency that:
22		(A) acts only to resell credit information by
23		assembling and merging information contained in a
24		database of one or more consumer reporting agencies;
25		and
26		(B) does not maintain a permanent database of

HB5540 Enrolled - 1565 - LRB099 16003 AMC 40320 b
1		credit information from which new credit reports are
2		produced.
3		(q) For purposes of this Section:
4		"Credit report" has the same meaning as "consumer report",
5		as ascribed to it in 15 U.S.C. Sec. 1681a(d).
6		"Consumer reporting agency" has the meaning ascribed to it
7		in 15 U.S.C. Sec. 1681a(f).
8		"Security freeze" means a notice placed in a consumer's
9		credit report, at the request of the consumer and subject to
10		certain exceptions, that prohibits the consumer reporting
11		agency from releasing the consumer's credit report or score
12		relating to an extension of credit, without the express
13		authorization of the consumer.
14		"Extension of credit" does not include an increase in an
15		existing open-end credit plan, as defined in Regulation Z of
16		the Federal Reserve System (12 C.F.R. 226.2), or any change to
17		or review of an existing credit account.
18		"Proper authority" means documentation that shows that a
19		parent, guardian, or agent has authority to act on behalf of a
20		minor or person with a disability. "Proper authority" includes
21		(1) an order issued by a court of law that shows that a
22		guardian has authority to act on behalf of a minor or person
23		with a disability, (2) a written, notarized statement signed by
24		a parent that expressly describes the authority of the parent
25		to act on behalf of the minor, or (3) a durable power of
26		attorney that complies with the Illinois Power of Attorney Act.

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1		"Proper identification" means information generally deemed
2		sufficient to identify a person. Only if the consumer is unable
3		to reasonably identify himself or herself with the information
4		described above, may a consumer reporting agency require
5		additional information concerning the consumer's employment
6		and personal or family history in order to verify his or her
7		identity.
8		"Military service member" means a resident of Illinois who
9		is a member of any component of the U.S. Armed Forces or the
10		National Guard of any state, the District of Columbia, a
11		commonwealth, or a territory of the United States who has
12		entered any full-time training or duty for which the service
13		member was ordered to report by the President, the governor of
14		a state, commonwealth, or territory of the United States, or
15		another appropriate military authority.
16		(r) Any person who violates this Section commits an
17		unlawful practice within the meaning of this Act.
18		(Source: P.A. 98-486, eff. 1-1-14; 98-756, eff. 7-16-14;
19		99-143, eff. 7-27-15; 99-373, eff. 1-1-16; revised 10-21-15.)
20		Section 640. The Job Referral and Job Listing Services
21		Consumer Protection Act is amended by changing Sections 5 and
22		12 as follows:
23		(815 ILCS 630/5) (from Ch. 121 1/2, par. 2005)
24		Sec. 5. Every Service shall be required to:

HB5540 Enrolled - 1567 - LRB099 16003 AMC 40320 b
1		(1) Keep and make available to the Attorney General
2		during regular business hours, and to the State's States
3		Attorney of any county in which the Service conducts
4		business the following records:
5		(a) All job listing authorizations received by the
6		Service during the immediate past year. Each such
7		authorization shall include:
8		(i) the date when such authorization was
9		received.
10		(ii) the name of the person recording the
11		authorization.
12		(iii) the name and address of the employer or
13		agent of the employer, making the authorization.
14		(iv) the job title and the qualifications
15		therefor.
16		(v) the salary offered or to be paid for such
17		job, if known.
18		(vi) the The duration of the job.
19		(b) Copies of all contracts, agreements or other
20		documents signed by job seekers, pursuant to Section 6
21		of this Act, for the immediate past year.
22		(c) Copies of all receipts for fee payments given
23		to each job seeker, pursuant to this Act, for the
24		immediate past year.
25		(d) A current schedule of fees charged.
26		(e) All other written information relative to the

HB5540 Enrolled - 1568 - LRB099 16003 AMC 40320 b
1		services provided to the job seeker.
2		(2) Furnish to each job seeker a copy of every written
3		instrument the job seeker has signed.
4		(3) Obtain a bona fide job order for employment prior
5		to collecting any fee from a job seeker or sending out a
6		job seeker to any place of employment.
7		(4) Furnish to each job seeker from whom a fee is
8		received, at the time payment is received, a receipt in
9		which shall be stated the name of the job seeker, the name
10		and address of the Service and its agent, the date and
11		amount of the fee and the purpose for which it was paid.
12		(5) Furnish to each job seeker, who is sent to a
13		prospective employer, with a card or similar paper stating
14		the nature of the prospective employment, the names of the
15		job seeker and prospective employer, and the address of the
16		employer.
17		(6) Verify each job listing authorization received
18		from the authorizing employer within 7 days following the
19		receipt or such authorization.
20		(7) Meet in person with a potential job seeker and
21		enter into a written contract before a job seeker provides
22		payment for a job list. A job list shall include, at a
23		minimum, the following information:
24		(a) name Name and address of the employer or agent
25		of the employer, making the authorization;
26		(b) job Job title and the qualifications therefor;

HB5540 Enrolled - 1569 - LRB099 16003 AMC 40320 b
1		(c) salary Salary offered or to be paid for such
2		job, if known;
3		(d) the The duration of the job;
4		(e) location Location of the job; and
5		(f) certification Certification that the position
6		has not been filled as of the date that such a list is
7		made available to the job seeker.
8		Said job list shall be considered deliverable under the
9		contract.
10		(Source: P.A. 87-293; revised 10-19-15.)
11		(815 ILCS 630/12) (from Ch. 121 1/2, par. 2012)
12		Sec. 12. Violation of any of the provisions of this Act is
13		an unlawful practice pursuant to Section 2 of the Deceptive
14		Business Practices Act, as now or hereafter amended. All
15		remedies, penalties and authority granted to the Attorney
16		General or a State's States Attorney by that Act shall be
17		available to them for the enforcement of this Act. In any
18		action brought by the Attorney General or a State's States
19		Attorney to enforce this Act, the court may order that persons
20		who incurred actual damages be awarded the amount of actual
21		damages assessed.
22		(Source: P.A. 85-1367; revised 10-21-15.)
23		Section 645. The Victims' Economic Security and Safety Act
24		is amended by changing Section 905 as follows:

HB5540 Enrolled - 1570 - LRB099 16003 AMC 40320 b
1		(820 ILCS 180/905)
2		Sec. 905. Severability. If any provision of this Act or the
3		application of such provision to any person or circumstance is
4		held to be in violation of the United Unites States
5		Constitution or Illinois Constitution, the remainder of the
6		provisions of this Act and the application of those provisions
7		to any person or circumstance shall not be affected.
8		(Source: P.A. 93-591, eff. 8-25-03; revised 10-21-15.)
9		Section 650. The Workers' Compensation Act is amended by
10		changing Section 14 as follows:
11		(820 ILCS 305/14) (from Ch. 48, par. 138.14)
12		Sec. 14. The Commission shall appoint a secretary, an
13		assistant secretary, and arbitrators and shall employ such
14		assistants and clerical help as may be necessary. Arbitrators
15		shall be appointed pursuant to this Section, notwithstanding
16		any provision of the Personnel Code.
17		Each arbitrator appointed after June 28, 2011 shall be
18		required to demonstrate in writing his or her knowledge of and
19		expertise in the law of and judicial processes of the Workers'
20		Compensation Act and the Workers' Occupational Diseases Act.
21		A formal training program for newly-hired arbitrators
22		shall be implemented. The training program shall include the
23		following:

HB5540 Enrolled - 1571 - LRB099 16003 AMC 40320 b
1		(a) substantive and procedural aspects of the
2		arbitrator position;
3		(b) current issues in workers' compensation law and
4		practice;
5		(c) medical lectures by specialists in areas such as
6		orthopedics, ophthalmology, psychiatry, rehabilitation
7		counseling;
8		(d) orientation to each operational unit of the
9		Illinois Workers' Compensation Commission;
10		(e) observation of experienced arbitrators conducting
11		hearings of cases, combined with the opportunity to discuss
12		evidence presented and rulings made;
13		(f) the use of hypothetical cases requiring the trainee
14		to issue judgments as a means to evaluating knowledge and
15		writing ability;
16		(g) writing skills;
17		(h) professional and ethical standards pursuant to
18		Section 1.1 of this Act;
19		(i) detection of workers' compensation fraud and
20		reporting obligations of Commission employees and
21		appointees;
22		(j) standards of evidence-based medical treatment and
23		best practices for measuring and improving quality and
24		health care outcomes in the workers' compensation system,
25		including but not limited to the use of the American
26		Medical Association's "Guides to the Evaluation of

HB5540 Enrolled - 1572 - LRB099 16003 AMC 40320 b
1		Permanent Impairment" and the practice of utilization
2		review; and
3		(k) substantive and procedural aspects of coal
4		workers' pneumoconiosis (black lung) cases.
5		A formal and ongoing professional development program
6		including, but not limited to, the above-noted areas shall be
7		implemented to keep arbitrators informed of recent
8		developments and issues and to assist them in maintaining and
9		enhancing their professional competence. Each arbitrator shall
10		complete 20 hours of training in the above-noted areas during
11		every 2 years such arbitrator shall remain in office.
12		Each arbitrator shall devote full time to his or her duties
13		and shall serve when assigned as an acting Commissioner when a
14		Commissioner is unavailable in accordance with the provisions
15		of Section 13 of this Act. Any arbitrator who is an
16		attorney-at-law shall not engage in the practice of law, nor
17		shall any arbitrator hold any other office or position of
18		profit under the United States or this State or any municipal
19		corporation or political subdivision of this State.
20		Notwithstanding any other provision of this Act to the
21		contrary, an arbitrator who serves as an acting Commissioner in
22		accordance with the provisions of Section 13 of this Act shall
23		continue to serve in the capacity of Commissioner until a
24		decision is reached in every case heard by that arbitrator
25		while serving as an acting Commissioner.
26		Notwithstanding any other provision of this Section, the

HB5540 Enrolled - 1573 - LRB099 16003 AMC 40320 b
1		term of all arbitrators serving on June 28, 2011 (the effective
2		date of Public Act 97-18) this amendatory Act of the 97th
3		General Assembly, including any arbitrators on administrative
4		leave, shall terminate at the close of business on July 1,
5		2011, but the incumbents shall continue to exercise all of
6		their duties until they are reappointed or their successors are
7		appointed.
8		On and after June 28, 2011 (the effective date of Public
9		Act 97-18) this amendatory Act of the 97th General Assembly,
10		arbitrators shall be appointed to 3-year terms as follows:
11		(1) All appointments shall be made by the Governor with
12		the advice and consent of the Senate.
13		(2) For their initial appointments, 12 arbitrators
14		shall be appointed to terms expiring July 1, 2012; 12
15		arbitrators shall be appointed to terms expiring July 1,
16		2013; and all additional arbitrators shall be appointed to
17		terms expiring July 1, 2014. Thereafter, all arbitrators
18		shall be appointed to 3-year terms.
19		Upon the expiration of a term, the Chairman shall evaluate
20		the performance of the arbitrator and may recommend to the
21		Governor that he or she be reappointed to a second or
22		subsequent term by the Governor with the advice and consent of
23		the Senate.
24		Each arbitrator appointed on or after June 28, 2011 (the
25		effective date of Public Act 97-18) this amendatory Act of the
26		97th General Assembly and who has not previously served as an

HB5540 Enrolled - 1574 - LRB099 16003 AMC 40320 b
1		arbitrator for the Commission shall be required to be
2		authorized to practice law in this State by the Supreme Court,
3		and to maintain this authorization throughout his or her term
4		of employment.
5		The performance of all arbitrators shall be reviewed by the
6		Chairman on an annual basis. The Chairman shall allow input
7		from the Commissioners in all such reviews.
8		The Commission shall assign no fewer than 3 arbitrators to
9		each hearing site. The Commission shall establish a procedure
10		to ensure that the arbitrators assigned to each hearing site
11		are assigned cases on a random basis. No arbitrator shall hear
12		cases in any county, other than Cook County, for more than 2
13		years in each 3-year term.
14		The Secretary and each arbitrator shall receive a per annum
15		salary of $4,000 less than the per annum salary of members of
16		The Illinois Workers' Compensation Commission as provided in
17		Section 13 of this Act, payable in equal monthly installments.
18		The members of the Commission, Arbitrators and other
19		employees whose duties require them to travel, shall have
20		reimbursed to them their actual traveling expenses and
21		disbursements made or incurred by them in the discharge of
22		their official duties while away from their place of residence
23		in the performance of their duties.
24		The Commission shall provide itself with a seal for the
25		authentication of its orders, awards and proceedings upon which
26		shall be inscribed the name of the Commission and the words

HB5540 Enrolled - 1575 - LRB099 16003 AMC 40320 b
1		"Illinois--Seal".
2		The Secretary or Assistant Secretary, under the direction
3		of the Commission, shall have charge and custody of the seal of
4		the Commission and also have charge and custody of all records,
5		files, orders, proceedings, decisions, awards and other
6		documents on file with the Commission. He shall furnish
7		certified copies, under the seal of the Commission, of any such
8		records, files, orders, proceedings, decisions, awards and
9		other documents on file with the Commission as may be required.
10		Certified copies so furnished by the Secretary or Assistant
11		Secretary shall be received in evidence before the Commission
12		or any Arbitrator thereof, and in all courts, provided that the
13		original of such certified copy is otherwise competent and
14		admissible in evidence. The Secretary or Assistant Secretary
15		shall perform such other duties as may be prescribed from time
16		to time by the Commission.
17		(Source: P.A. 97-18, eff. 6-28-11; 97-719, eff. 6-29-12; 98-40,
18		eff. 6-28-13; revised 10-21-15.)
19		Section 995. No acceleration or delay. Where this Act makes
20		changes in a statute that is represented in this Act by text
21		that is not yet or no longer in effect (for example, a Section
22		represented by multiple versions), the use of that text does
23		not accelerate or delay the taking effect of (i) the changes
24		made by this Act or (ii) provisions derived from any other
25		Public Act.

HB5540 Enrolled - 1576 - LRB099 16003 AMC 40320 b
1		Section 996. No revival or extension. This Act does not
2		revive or extend any Section or Act otherwise repealed.
3		Section 999. Effective date. This Act takes effect upon
4		becoming law.
HB5540 Enrolled - 1577 - LRB099 16003 AMC 40320 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.36 4 5 ILCS 80/4.26 rep. 5 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 6 5 ILCS 120/2 from Ch. 102, par. 42 7 5 ILCS 140/7 from Ch. 116, par. 207 8 5 ILCS 140/7.5 9 5 ILCS 140/11 from Ch. 116, par. 211 10 5 ILCS 160/9 from Ch. 116, par. 43.12 11 5 ILCS 165/2 from Ch. 116, par. 102 12 5 ILCS 220/3.5 from Ch. 127, par. 743.5 13 10 ILCS 5/10-10 from Ch. 46, par. 10-10 14 10 ILCS 5/11-6 from Ch. 46, par. 11-6 15 10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1 16 15 ILCS 310/10a from Ch. 124, par. 110a 17 15 ILCS 335/2 from Ch. 124, par. 22 18 15 ILCS 335/4 from Ch. 124, par. 24 19 15 ILCS 335/14C from Ch. 124, par. 34C 20 20 ILCS 301/5-23 21 20 ILCS 505/7 from Ch. 23, par. 5007 22 20 ILCS 605/605-817 was 20 ILCS 605/46.19k 23 20 ILCS 805/805-305 was 20 ILCS 805/63a23 24 20 ILCS 862/34 25 20 ILCS 1305/1-17 HB5540 Enrolled - 1578 - LRB099 16003 AMC 40320 b 1 20 ILCS 1305/1-42 2 20 ILCS 1410/15 3 20 ILCS 2105/2105-15 4 20 ILCS 2310/2310-685 5 20 ILCS 2310/2310-690 6 20 ILCS 2407/52 7 20 ILCS 2630/5.2 8 20 ILCS 2705/2705-565 9 20 ILCS 2705/2705-605 10 20 ILCS 2805/2.01 from Ch. 126 1/2, par. 67.01 11 20 ILCS 3405/16 from Ch. 127, par. 2716 12 20 ILCS 3860/20 13 20 ILCS 3960/12 from Ch. 111 1/2, par. 1162 14 20 ILCS 3960/14.1 15 20 ILCS 5010/10 16 30 ILCS 105/5.866 17 30 ILCS 105/5.867 18 30 ILCS 105/5.868 19 30 ILCS 105/5.869 20 30 ILCS 105/5.870 21 30 ILCS 105/5.871 22 30 ILCS 105/5.872 23 30 ILCS 105/5.873 24 30 ILCS 575/2 25 30 ILCS 575/4f 26 30 ILCS 805/8.39 HB5540 Enrolled - 1579 - LRB099 16003 AMC 40320 b 1 35 ILCS 5/304 from Ch. 120, par. 3-304 2 35 ILCS 5/507DDD 3 35 ILCS 110/3-10 from Ch. 120, par. 439.33-10 4 35 ILCS 115/3-10 from Ch. 120, par. 439.103-10 5 35 ILCS 200/9-195 6 35 ILCS 200/15-168 7 35 ILCS 200/15-169 8 35 ILCS 200/15-172 9 35 ILCS 200/15-175 10 35 ILCS 640/2-10 11 40 ILCS 5/7-172.1 from Ch. 108 1/2, par. 7-172.1 12 40 ILCS 5/16-152 from Ch. 108 1/2, par. 16-152 13 50 ILCS 470/10 14 50 ILCS 470/40 15 50 ILCS 705/7 from Ch. 85, par. 507 16 50 ILCS 705/10.17 17 50 ILCS 705/10.18 18 50 ILCS 706/10-10 19 50 ILCS 706/10-20 20 50 ILCS 750/75 21 55 ILCS 5/3-3013 from Ch. 34, par. 3-3013 22 55 ILCS 5/3-8007 from Ch. 34, par. 3-8007 23 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005 24 55 ILCS 5/5-1006.5 25 55 ILCS 5/5-1006.7 26 55 ILCS 5/5-12020 HB5540 Enrolled - 1580 - LRB099 16003 AMC 40320 b 1 55 ILCS 5/6-1003 from Ch. 34, par. 6-1003 2 55 ILCS 85/10 from Ch. 34, par. 7010 3 65 ILCS 5/8-11-1.6 4 65 ILCS 5/11-13-26 5 70 ILCS 200/170-50 6 70 ILCS 200/240-50 7 70 ILCS 750/25 8 70 ILCS 1835/22 from Ch. 19, par. 722 9 70 ILCS 3610/5 from Ch. 111 2/3, par. 355 10 70 ILCS 3615/4.03 from Ch. 111 2/3, par. 704.03 11 70 ILCS 3720/4 from Ch. 111 2/3, par. 254 12 105 ILCS 5/2-3.25a from Ch. 122, par. 2-3.25a 13 105 ILCS 5/2-3.25f from Ch. 122, par. 2-3.25f 14 105 ILCS 5/2-3.64a-5 15 105 ILCS 5/2-3.163 16 105 ILCS 5/2-3.164 17 105 ILCS 5/2-3.165 18 105 ILCS 5/2-3.166 19 105 ILCS 5/5-2.2 20 105 ILCS 5/10-17a from Ch. 122, par. 10-17a 21 105 ILCS 5/10-20.56 22 105 ILCS 5/10-20.57 23 105 ILCS 5/10-29 24 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 25 105 ILCS 5/19-1 26 105 ILCS 5/21B-20 HB5540 Enrolled - 1581 - LRB099 16003 AMC 40320 b 1 105 ILCS 5/21B-45 2 105 ILCS 5/22-30 3 105 ILCS 5/22-80 4 105 ILCS 5/22-81 5 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 6 105 ILCS 5/27-24.2 from Ch. 122, par. 27-24.2 7 105 ILCS 5/27A-5 8 105 ILCS 5/32-5 from Ch. 122, par. 32-5 9 105 ILCS 5/34-2.4 from Ch. 122, par. 34-2.4 10 105 ILCS 5/34-8.1 from Ch. 122, par. 34-8.1 11 110 ILCS 305/9 from Ch. 144, par. 30 12 205 ILCS 305/46 from Ch. 17, par. 4447 13 205 ILCS 620/5-10.5 14 210 ILCS 5/6.5 15 210 ILCS 30/6 from Ch. 111 1/2, par. 4166 16 210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113 17 210 ILCS 45/2-201.5 18 210 ILCS 45/3-702 from Ch. 111 1/2, par. 4153-702 19 210 ILCS 46/2-104.2 20 210 ILCS 47/1-101.05 21 210 ILCS 47/1-113 22 210 ILCS 85/6.09 from Ch. 111 1/2, par. 147.09 23 210 ILCS 85/10.2 from Ch. 111 1/2, par. 151.2 24 210 ILCS 85/10.7 25 210 ILCS 110/4 from Ch. 111 1/2, par. 185.4 26 210 ILCS 110/6 from Ch. 111 1/2, par. 185.6 HB5540 Enrolled - 1582 - LRB099 16003 AMC 40320 b 1 210 ILCS 145/80 from Ch. 111 1/2, par. 8351-80 2 215 ILCS 5/131.4 from Ch. 73, par. 743.4 3 215 ILCS 5/143a from Ch. 73, par. 755a 4 215 ILCS 5/147.1 from Ch. 73, par. 759.1 5 215 ILCS 5/356g from Ch. 73, par. 968g 6 215 ILCS 5/356z.2 7 215 ILCS 5/460 from Ch. 73, par. 1065.7 8 215 ILCS 5/512.59 from Ch. 73, par. 1065.59-59 9 215 ILCS 5/902 from Ch. 73, par. 1065.602 10 215 ILCS 5/1202 from Ch. 73, par. 1065.902 11 220 ILCS 5/13-703 from Ch. 111 2/3, par. 13-703 12 220 ILCS 5/16-108.5 13 225 ILCS 5/18 from Ch. 111, par. 7618 14 225 ILCS 10/2.06 from Ch. 23, par. 2212.06 15 225 ILCS 37/130 16 225 ILCS 61/5 17 225 ILCS 65/50-10 was 225 ILCS 65/5-10 18 225 ILCS 85/19.1 19 225 ILCS 90/1 from Ch. 111, par. 4251 20 225 ILCS 106/10 21 225 ILCS 106/115 22 225 ILCS 125/125 23 225 ILCS 410/2-4 from Ch. 111, par. 1702-4 24 225 ILCS 425/2.04 from Ch. 111, par. 2005.1 25 225 ILCS 645/9 from Ch. 111, par. 409 26 230 ILCS 15/1 from Ch. 85, par. 2301 HB5540 Enrolled - 1583 - LRB099 16003 AMC 40320 b 1 230 ILCS 25/1.3 2 235 ILCS 5/1-3.40 3 235 ILCS 5/1-3.42 4 235 ILCS 5/5-1 from Ch. 43, par. 115 5 235 ILCS 5/6-4 from Ch. 43, par. 121 6 235 ILCS 5/6-11 7 240 ILCS 40/15-10 8 305 ILCS 5/5-5 from Ch. 23, par. 5-5 9 305 ILCS 5/5-5e 10 305 ILCS 5/5-16.8 11 305 ILCS 5/5-30 12 305 ILCS 5/10-25 13 305 ILCS 5/10-25.5 14 320 ILCS 20/8 from Ch. 23, par. 6608 15 325 ILCS 5/7.8 16 405 ILCS 5/6-103.2 17 405 ILCS 30/Act title 18 405 ILCS 80/2-3 from Ch. 91 1/2, par. 1802-3 19 405 ILCS 80/5-1 from Ch. 91 1/2, par. 1805-1 20 410 ILCS 70/5 from Ch. 111 1/2, par. 87-5 21 410 ILCS 130/45 22 410 ILCS 305/3 from Ch. 111 1/2, par. 7303 23 410 ILCS 325/5.5 from Ch. 111 1/2, par. 7405.5 24 410 ILCS 625/3.3 25 415 ILCS 5/3.330 was 415 ILCS 5/3.32 26 415 ILCS 5/22.55 HB5540 Enrolled - 1584 - LRB099 16003 AMC 40320 b 1 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 2 415 ILCS 65/7 from Ch. 5, par. 857 3 415 ILCS 97/10 4 415 ILCS 105/11 from Ch. 38, par. 86-11 5 425 ILCS 35/1 from Ch. 127 1/2, par. 127 6 430 ILCS 50/4 from Ch. 127, par. 1254 7 430 ILCS 65/1.1 from Ch. 38, par. 83-1.1 8 505 ILCS 25/7 from Ch. 5, par. 1407 9 505 ILCS 35/2-2 from Ch. 5, par. 2402-2 10 510 ILCS 5/15 from Ch. 8, par. 365 11 510 ILCS 68/80-5 12 510 ILCS 70/3.01 from Ch. 8, par. 703.01 13 520 ILCS 5/2.26 from Ch. 61, par. 2.26 14 520 ILCS 5/2.33 from Ch. 61, par. 2.33 15 520 ILCS 5/3.31 from Ch. 61, par. 3.31 16 625 ILCS 5/3-415 from Ch. 95 1/2, par. 3-415 17 625 ILCS 5/3-616 from Ch. 95 1/2, par. 3-616 18 625 ILCS 5/3-626 19 625 ILCS 5/3-801 from Ch. 95 1/2, par. 3-801 20 625 ILCS 5/3-806.3 from Ch. 95 1/2, par. 3-806.3 21 625 ILCS 5/3-818 from Ch. 95 1/2, par. 3-818 22 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1 23 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115 24 625 ILCS 5/6-118 25 625 ILCS 5/6-205 26 625 ILCS 5/6-206 HB5540 Enrolled - 1585 - LRB099 16003 AMC 40320 b 1 625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208 2 625 ILCS 5/6-302 from Ch. 95 1/2, par. 6-302 3 625 ILCS 5/11-501.01 4 625 ILCS 5/11-605.1 5 625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215 6 625 ILCS 5/15-316 from Ch. 95 1/2, par. 15-316 7 705 ILCS 405/2-10 from Ch. 37, par. 802-10 8 705 ILCS 405/3-12 from Ch. 37, par. 803-12 9 705 ILCS 405/5-530 10 720 ILCS 5/7-5.5 11 720 ILCS 5/10-2 from Ch. 38, par. 10-2 12 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14 13 720 ILCS 5/11-21 from Ch. 38, par. 11-21 14 720 ILCS 5/12-2 from Ch. 38, par. 12-2 15 720 ILCS 5/12-4.4a 16 720 ILCS 5/24-3 from Ch. 38, par. 24-3 17 720 ILCS 5/26-1 from Ch. 38, par. 26-1 18 720 ILCS 570/102 from Ch. 56 1/2, par. 1102 19 720 ILCS 570/302 from Ch. 56 1/2, par. 1302 20 725 ILCS 5/111-8 from Ch. 38, par. 111-8 21 725 ILCS 5/115-17b 22 725 ILCS 120/3 from Ch. 38, par. 1403 23 725 ILCS 245/2 from Ch. 38, par. 155-22 24 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 25 730 ILCS 5/5-4-3b 26 730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1 HB5540 Enrolled - 1586 - LRB099 16003 AMC 40320 b 1 730 ILCS 5/5-5-3.2 2 730 ILCS 5/5-5.5-5 3 730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1 4 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 5 735 ILCS 5/3-102 from Ch. 110, par. 3-102 6 735 ILCS 5/12-654 from Ch. 110, par. 12-654 7 740 ILCS 110/12 from Ch. 91 1/2, par. 812 8 740 ILCS 130/4.1 9 750 ILCS 5/513 from Ch. 40, par. 513 10 750 ILCS 22/102 was 750 ILCS 22/101 11 750 ILCS 50/1 from Ch. 40, par. 1501 12 750 ILCS 50/18.06 13 750 ILCS 60/214 from Ch. 40, par. 2312-14 14 750 ILCS 60/227 from Ch. 40, par. 2312-27 15 755 ILCS 5/11a-4 from Ch. 110 1/2, par. 11a-4 16 755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10 17 755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18 18 765 ILCS 605/18 from Ch. 30, par. 318 19 775 ILCS 5/2-104 from Ch. 68, par. 2-104 20 775 ILCS 5/3-102 from Ch. 68, par. 3-102 21 775 ILCS 5/3-105 from Ch. 68, par. 3-105 22 775 ILCS 5/8-101 from Ch. 68, par. 8-101 23 775 ILCS 5/9-102 from Ch. 68, par. 9-102 24 805 ILCS 105/113.50 from Ch. 32, par. 113.50 25 815 ILCS 137/10 26 815 ILCS 365/2 from Ch. 121 1/2, par. 1502 HB5540 Enrolled - 1587 - LRB099 16003 AMC 40320 b