Sen. David Koehler
Filed: 3/16/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 691




2 AMENDMENT NO. ______. Amend Senate Bill 691, AS AMENDED, by 
3replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Illinois Administrative Procedure Act is 
6amended by changing Section 5-45 as follows:

7 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
8 (Text of Section before amendment by P.A. 99-906)
9 Sec. 5-45. Emergency rulemaking. 
10 (a) "Emergency" means the existence of any situation that 
11any agency
finds reasonably constitutes a threat to the public 
12interest, safety, or
welfare.
13 (b) If any agency finds that an
emergency exists that 
14requires adoption of a rule upon fewer days than
is required by 
15Section 5-40 and states in writing its reasons for that

16finding, the agency may adopt an emergency rule without prior 
 
 
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1notice or
hearing upon filing a notice of emergency rulemaking 
2with the Secretary of
State under Section 5-70. The notice 
3shall include the text of the
emergency rule and shall be 
4published in the Illinois Register. Consent
orders or other 
5court orders adopting settlements negotiated by an agency
may 
6be adopted under this Section. Subject to applicable 
7constitutional or
statutory provisions, an emergency rule 
8becomes effective immediately upon
filing under Section 5-65 or 
9at a stated date less than 10 days
thereafter. The agency's 
10finding and a statement of the specific reasons
for the finding 
11shall be filed with the rule. The agency shall take
reasonable 
12and appropriate measures to make emergency rules known to the

13persons who may be affected by them.
14 (c) An emergency rule may be effective for a period of not 
15longer than
150 days, but the agency's authority to adopt an 
16identical rule under Section
5-40 is not precluded. No 
17emergency rule may be adopted more
than once in any 24-month 24 
18month period, except that this limitation on the number
of 
19emergency rules that may be adopted in a 24-month 24 month 
20period does not apply
to (i) emergency rules that make 
21additions to and deletions from the Drug
Manual under Section 
225-5.16 of the Illinois Public Aid Code or the
generic drug 
23formulary under Section 3.14 of the Illinois Food, Drug
and 
24Cosmetic Act, (ii) emergency rules adopted by the Pollution 
25Control
Board before July 1, 1997 to implement portions of the 
26Livestock Management
Facilities Act, (iii) emergency rules 
 
 
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1adopted by the Illinois Department of Public Health under 
2subsections (a) through (i) of Section 2 of the Department of 
3Public Health Act when necessary to protect the public's 
4health, (iv) emergency rules adopted pursuant to subsection (n) 
5of this Section, (v) emergency rules adopted pursuant to 
6subsection (o) of this Section, or (vi) emergency rules adopted 
7pursuant to subsection (c-5) of this Section. Two or more 
8emergency rules having substantially the same
purpose and 
9effect shall be deemed to be a single rule for purposes of this

10Section.
11 (c-5) To facilitate the maintenance of the program of group 
12health benefits provided to annuitants, survivors, and retired 
13employees under the State Employees Group Insurance Act of 
141971, rules to alter the contributions to be paid by the State, 
15annuitants, survivors, retired employees, or any combination 
16of those entities, for that program of group health benefits, 
17shall be adopted as emergency rules. The adoption of those 
18rules shall be considered an emergency and necessary for the 
19public interest, safety, and welfare. 
20 (d) In order to provide for the expeditious and timely 
21implementation
of the State's fiscal year 1999 budget, 
22emergency rules to implement any
provision of Public Act 90-587 
23or 90-588
or any other budget initiative for fiscal year 1999 
24may be adopted in
accordance with this Section by the agency 
25charged with administering that
provision or initiative, 
26except that the 24-month limitation on the adoption
of 
 
 
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1emergency rules and the provisions of Sections 5-115 and 5-125 
2do not apply
to rules adopted under this subsection (d). The 
3adoption of emergency rules
authorized by this subsection (d) 
4shall be deemed to be necessary for the
public interest, 
5safety, and welfare.
6 (e) In order to provide for the expeditious and timely 
7implementation
of the State's fiscal year 2000 budget, 
8emergency rules to implement any
provision of Public Act 91-24

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

21or any other budget initiative for fiscal year 2001 may be 
22adopted in
accordance with this Section by the agency charged 
23with administering that
provision or initiative, except that 
24the 24-month limitation on the adoption
of emergency rules and 
25the provisions of Sections 5-115 and 5-125 do not apply
to 
26rules adopted under this subsection (f). The adoption of 
 
 
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1emergency rules
authorized by this subsection (f) shall be 
2deemed to be necessary for the
public interest, safety, and 
3welfare.
4 (g) In order to provide for the expeditious and timely 
5implementation
of the State's fiscal year 2002 budget, 
6emergency rules to implement any
provision of Public Act 92-10

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

19or any other budget initiative for fiscal year 2003 may be 
20adopted in
accordance with this Section by the agency charged 
21with administering that
provision or initiative, except that 
22the 24-month limitation on the adoption
of emergency rules and 
23the provisions of Sections 5-115 and 5-125 do not apply
to 
24rules adopted under this subsection (h). The adoption of 
25emergency rules
authorized by this subsection (h) shall be 
26deemed to be necessary for the
public interest, safety, and 
 
 
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1welfare.
2 (i) In order to provide for the expeditious and timely 
3implementation
of the State's fiscal year 2004 budget, 
4emergency rules to implement any
provision of Public Act 93-20

5or any other budget initiative for fiscal year 2004 may be 
6adopted in
accordance with this Section by the agency charged 
7with administering that
provision or initiative, except that 
8the 24-month limitation on the adoption
of emergency rules and 
9the provisions of Sections 5-115 and 5-125 do not apply
to 
10rules adopted under this subsection (i). The adoption of 
11emergency rules
authorized by this subsection (i) shall be 
12deemed to be necessary for the
public interest, safety, and 
13welfare.
14 (j) In order to provide for the expeditious and timely 
15implementation of the provisions of the State's fiscal year 
162005 budget as provided under the Fiscal Year 2005 Budget 
17Implementation (Human Services) Act, emergency rules to 
18implement any provision of the Fiscal Year 2005 Budget 
19Implementation (Human Services) Act may be adopted in 
20accordance with this Section by the agency charged with 
21administering that provision, except that the 24-month 
22limitation on the adoption of emergency rules and the 
23provisions of Sections 5-115 and 5-125 do not apply to rules 
24adopted under this subsection (j). The Department of Public Aid 
25may also adopt rules under this subsection (j) necessary to 
26administer the Illinois Public Aid Code and the Children's 
 
 
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1Health Insurance Program Act. The adoption of emergency rules 
2authorized by this subsection (j) shall be deemed to be 
3necessary for the public interest, safety, and welfare.

4 (k) In order to provide for the expeditious and timely 
5implementation of the provisions of the State's fiscal year 
62006 budget, emergency rules to implement any provision of 
7Public Act 94-48 or any other budget initiative for fiscal year 
82006 may be adopted in accordance with this Section by the 
9agency charged with administering that provision or 
10initiative, except that the 24-month limitation on the adoption 
11of emergency rules and the provisions of Sections 5-115 and 
125-125 do not apply to rules adopted under this subsection (k). 
13The Department of Healthcare and Family Services may also adopt 
14rules under this subsection (k) necessary to administer the 
15Illinois Public Aid Code, the Senior Citizens and Persons with 
16Disabilities Property Tax Relief Act, the Senior Citizens and 
17Disabled Persons Prescription Drug Discount Program Act (now 
18the Illinois Prescription Drug Discount Program Act), and the 
19Children's Health Insurance Program Act. The adoption of 
20emergency rules authorized by this subsection (k) shall be 
21deemed to be necessary for the public interest, safety, and 
22welfare.

23 (l) In order to provide for the expeditious and timely 
24implementation of the provisions of the
State's fiscal year 
252007 budget, the Department of Healthcare and Family Services 
26may adopt emergency rules during fiscal year 2007, including 
 
 
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1rules effective July 1, 2007, in
accordance with this 
2subsection to the extent necessary to administer the 
3Department's responsibilities with respect to amendments to 
4the State plans and Illinois waivers approved by the federal 
5Centers for Medicare and Medicaid Services necessitated by the 
6requirements of Title XIX and Title XXI of the federal Social 
7Security Act. The adoption of emergency rules
authorized by 
8this subsection (l) shall be deemed to be necessary for the 
9public interest,
safety, and welfare.

10 (m) In order to provide for the expeditious and timely 
11implementation of the provisions of the
State's fiscal year 
122008 budget, the Department of Healthcare and Family Services 
13may adopt emergency rules during fiscal year 2008, including 
14rules effective July 1, 2008, in
accordance with this 
15subsection to the extent necessary to administer the 
16Department's responsibilities with respect to amendments to 
17the State plans and Illinois waivers approved by the federal 
18Centers for Medicare and Medicaid Services necessitated by the 
19requirements of Title XIX and Title XXI of the federal Social 
20Security Act. The adoption of emergency rules
authorized by 
21this subsection (m) shall be deemed to be necessary for the 
22public interest,
safety, and welfare.

23 (n) In order to provide for the expeditious and timely 
24implementation of the provisions of the State's fiscal year 
252010 budget, emergency rules to implement any provision of 
26Public Act 96-45 or any other budget initiative authorized by 
 
 
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1the 96th General Assembly for fiscal year 2010 may be adopted 
2in accordance with this Section by the agency charged with 
3administering that provision or initiative. The adoption of 
4emergency rules authorized by this subsection (n) shall be 
5deemed to be necessary for the public interest, safety, and 
6welfare. The rulemaking authority granted in this subsection 
7(n) shall apply only to rules promulgated during Fiscal Year 
82010. 
9 (o) In order to provide for the expeditious and timely 
10implementation of the provisions of the State's fiscal year 
112011 budget, emergency rules to implement any provision of 
12Public Act 96-958 or any other budget initiative authorized by 
13the 96th General Assembly for fiscal year 2011 may be adopted 
14in accordance with this Section by the agency charged with 
15administering that provision or initiative. The adoption of 
16emergency rules authorized by this subsection (o) is deemed to 
17be necessary for the public interest, safety, and welfare. The 
18rulemaking authority granted in this subsection (o) applies 
19only to rules promulgated on or after July 1, 2010 (the 
20effective date of Public Act 96-958) through June 30, 2011. 
21 (p) In order to provide for the expeditious and timely 
22implementation of the provisions of Public Act 97-689, 
23emergency rules to implement any provision of Public Act 97-689 
24may be adopted in accordance with this subsection (p) by the 
25agency charged with administering that provision or 
26initiative. The 150-day limitation of the effective period of 
 
 
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1emergency rules does not apply to rules adopted under this 
2subsection (p), and the effective period may continue through 
3June 30, 2013. The 24-month limitation on the adoption of 
4emergency rules does not apply to rules adopted under this 
5subsection (p). The adoption of emergency rules authorized by 
6this subsection (p) is deemed to be necessary for the public 
7interest, safety, and welfare.
8 (q) In order to provide for the expeditious and timely 
9implementation of the provisions of Articles 7, 8, 9, 11, and 
1012 of Public Act 98-104, emergency rules to implement any 
11provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 
12may be adopted in accordance with this subsection (q) by the 
13agency charged with administering that provision or 
14initiative. The 24-month limitation on the adoption of 
15emergency rules does not apply to rules adopted under this 
16subsection (q). The adoption of emergency rules authorized by 
17this subsection (q) is deemed to be necessary for the public 
18interest, safety, and welfare. 
19 (r) In order to provide for the expeditious and timely 
20implementation of the provisions of Public Act 98-651, 
21emergency rules to implement Public Act 98-651 may be adopted 
22in accordance with this subsection (r) by the Department of 
23Healthcare and Family Services. The 24-month limitation on the 
24adoption of emergency rules does not apply to rules adopted 
25under this subsection (r). The adoption of emergency rules 
26authorized by this subsection (r) is deemed to be necessary for 
 
 
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1the public interest, safety, and welfare. 
2 (s) In order to provide for the expeditious and timely 
3implementation of the provisions of Sections 5-5b.1 and 5A-2 of 
4the Illinois Public Aid Code, emergency rules to implement any 
5provision of Section 5-5b.1 or Section 5A-2 of the Illinois 
6Public Aid Code may be adopted in accordance with this 
7subsection (s) by the Department of Healthcare and Family 
8Services. The rulemaking authority granted in this subsection 
9(s) shall apply only to those rules adopted prior to July 1, 
102015. Notwithstanding any other provision of this Section, any 
11emergency rule adopted under this subsection (s) shall only 
12apply to payments made for State fiscal year 2015. The adoption 
13of emergency rules authorized by this subsection (s) is deemed 
14to be necessary for the public interest, safety, and welfare. 
15 (t) In order to provide for the expeditious and timely 
16implementation of the provisions of Article II of Public Act 
1799-6, emergency rules to implement the changes made by Article 
18II of Public Act 99-6 to the Emergency Telephone System Act may 
19be adopted in accordance with this subsection (t) by the 
20Department of State Police. The rulemaking authority granted in 
21this subsection (t) shall apply only to those rules adopted 
22prior to July 1, 2016. The 24-month limitation on the adoption 
23of emergency rules does not apply to rules adopted under this 
24subsection (t). The adoption of emergency rules authorized by 
25this subsection (t) is deemed to be necessary for the public 
26interest, safety, and welfare. 
 
 
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1 (u) In order to provide for the expeditious and timely 
2implementation of the provisions of the Burn Victims Relief 
3Act, emergency rules to implement any provision of the Act may 
4be adopted in accordance with this subsection (u) by the 
5Department of Insurance. The rulemaking authority granted in 
6this subsection (u) shall apply only to those rules adopted 
7prior to December 31, 2015. The adoption of emergency rules 
8authorized by this subsection (u) is deemed to be necessary for 
9the public interest, safety, and welfare.
10 (v) In order to provide for the expeditious and timely 
11implementation of the provisions of Public Act 99-516 this 
12amendatory Act of the 99th General Assembly, emergency rules to 
13implement Public Act 99-516 this amendatory Act of the 99th 
14General Assembly may be adopted in accordance with this 
15subsection (v) by the Department of Healthcare and Family 
16Services. The 24-month limitation on the adoption of emergency 
17rules does not apply to rules adopted under this subsection 
18(v). The adoption of emergency rules authorized by this 
19subsection (v) is deemed to be necessary for the public 
20interest, safety, and welfare.
21 (w) (v) In order to provide for the expeditious and timely 
22implementation of the provisions of Public Act 99-796 this 
23amendatory Act of the 99th General Assembly, emergency rules to 
24implement the changes made by Public Act 99-796 this amendatory 
25Act of the 99th General Assembly may be adopted in accordance 
26with this subsection (w) (v) by the Adjutant General. The 
 
 
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1adoption of emergency rules authorized by this subsection (w) 
2(v) is deemed to be necessary for the public interest, safety, 
3and welfare. 
4 (x) In order to provide for the expeditious and timely 
5implementation of the provisions of this amendatory Act of the 
6100th General Assembly, emergency rules to implement any 
7provision of this amendatory Act of the 100th General Assembly 
8may be adopted in accordance with this subsection (x) by the 
9Department of State Police, the Department of Transportation, 
10the Illinois State Toll Highway Authority, the Illinois 
11Commerce Commission, and the Secretary of State. The rulemaking 
12authority granted in this subsection (x) shall apply only to 
13those rules adopted within 180 days after the effective date of 
14this amendatory Act of the 100th General Assembly. The adoption 
15of emergency rules authorized by this subsection (x) is deemed 
16to be necessary for the public interest, safety, and welfare. 
17(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 
1898-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 
1999-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 
206-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised 
219-21-16.)

22 (Text of Section after amendment by P.A. 99-906)
23 Sec. 5-45. Emergency rulemaking. 
24 (a) "Emergency" means the existence of any situation that 
25any agency
finds reasonably constitutes a threat to the public 
 
 
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1interest, safety, or
welfare.
2 (b) If any agency finds that an
emergency exists that 
3requires adoption of a rule upon fewer days than
is required by 
4Section 5-40 and states in writing its reasons for that

5finding, the agency may adopt an emergency rule without prior 
6notice or
hearing upon filing a notice of emergency rulemaking 
7with the Secretary of
State under Section 5-70. The notice 
8shall include the text of the
emergency rule and shall be 
9published in the Illinois Register. Consent
orders or other 
10court orders adopting settlements negotiated by an agency
may 
11be adopted under this Section. Subject to applicable 
12constitutional or
statutory provisions, an emergency rule 
13becomes effective immediately upon
filing under Section 5-65 or 
14at a stated date less than 10 days
thereafter. The agency's 
15finding and a statement of the specific reasons
for the finding 
16shall be filed with the rule. The agency shall take
reasonable 
17and appropriate measures to make emergency rules known to the

18persons who may be affected by them.
19 (c) An emergency rule may be effective for a period of not 
20longer than
150 days, but the agency's authority to adopt an 
21identical rule under Section
5-40 is not precluded. No 
22emergency rule may be adopted more
than once in any 24-month 
23period, except that this limitation on the number
of emergency 
24rules that may be adopted in a 24-month period does not apply

25to (i) emergency rules that make additions to and deletions 
26from the Drug
Manual under Section 5-5.16 of the Illinois 
 
 
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1Public Aid Code or the
generic drug formulary under Section 
23.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) 
3emergency rules adopted by the Pollution Control
Board before 
4July 1, 1997 to implement portions of the Livestock Management

5Facilities Act, (iii) emergency rules adopted by the Illinois 
6Department of Public Health under subsections (a) through (i) 
7of Section 2 of the Department of Public Health Act when 
8necessary to protect the public's health, (iv) emergency rules 
9adopted pursuant to subsection (n) of this Section, (v) 
10emergency rules adopted pursuant to subsection (o) of this 
11Section, or (vi) emergency rules adopted pursuant to subsection 
12(c-5) of this Section. Two or more emergency rules having 
13substantially the same
purpose and effect shall be deemed to be 
14a single rule for purposes of this
Section.
15 (c-5) To facilitate the maintenance of the program of group 
16health benefits provided to annuitants, survivors, and retired 
17employees under the State Employees Group Insurance Act of 
181971, rules to alter the contributions to be paid by the State, 
19annuitants, survivors, retired employees, or any combination 
20of those entities, for that program of group health benefits, 
21shall be adopted as emergency rules. The adoption of those 
22rules shall be considered an emergency and necessary for the 
23public interest, safety, and welfare. 
24 (d) In order to provide for the expeditious and timely 
25implementation
of the State's fiscal year 1999 budget, 
26emergency rules to implement any
provision of Public Act 90-587 
 
 
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1or 90-588
or any other budget initiative for fiscal year 1999 
2may be adopted in
accordance with this Section by the agency 
3charged with administering that
provision or initiative, 
4except that the 24-month limitation on the adoption
of 
5emergency rules and the provisions of Sections 5-115 and 5-125 
6do not apply
to rules adopted under this subsection (d). The 
7adoption of emergency rules
authorized by this subsection (d) 
8shall be deemed to be necessary for the
public interest, 
9safety, and welfare.
10 (e) In order to provide for the expeditious and timely 
11implementation
of the State's fiscal year 2000 budget, 
12emergency rules to implement any
provision of Public Act 91-24

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

25or any other budget initiative for fiscal year 2001 may be 
26adopted in
accordance with this Section by the agency charged 
 
 
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1with administering that
provision or initiative, except that 
2the 24-month limitation on the adoption
of emergency rules and 
3the provisions of Sections 5-115 and 5-125 do not apply
to 
4rules adopted under this subsection (f). The adoption of 
5emergency rules
authorized by this subsection (f) shall be 
6deemed to be necessary for the
public interest, safety, and 
7welfare.
8 (g) In order to provide for the expeditious and timely 
9implementation
of the State's fiscal year 2002 budget, 
10emergency rules to implement any
provision of Public Act 92-10

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

23or any other budget initiative for fiscal year 2003 may be 
24adopted in
accordance with this Section by the agency charged 
25with administering that
provision or initiative, except that 
26the 24-month limitation on the adoption
of emergency rules and 
 
 
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1the provisions of Sections 5-115 and 5-125 do not apply
to 
2rules adopted under this subsection (h). The adoption of 
3emergency rules
authorized by this subsection (h) shall be 
4deemed to be necessary for the
public interest, safety, and 
5welfare.
6 (i) In order to provide for the expeditious and timely 
7implementation
of the State's fiscal year 2004 budget, 
8emergency rules to implement any
provision of Public Act 93-20

9or any other budget initiative for fiscal year 2004 may be 
10adopted in
accordance with this Section by the agency charged 
11with administering that
provision or initiative, except that 
12the 24-month limitation on the adoption
of emergency rules and 
13the provisions of Sections 5-115 and 5-125 do not apply
to 
14rules adopted under this subsection (i). The adoption of 
15emergency rules
authorized by this subsection (i) shall be 
16deemed to be necessary for the
public interest, safety, and 
17welfare.
18 (j) In order to provide for the expeditious and timely 
19implementation of the provisions of the State's fiscal year 
202005 budget as provided under the Fiscal Year 2005 Budget 
21Implementation (Human Services) Act, emergency rules to 
22implement any provision of the Fiscal Year 2005 Budget 
23Implementation (Human Services) Act may be adopted in 
24accordance with this Section by the agency charged with 
25administering that provision, except that the 24-month 
26limitation on the adoption of emergency rules and the 
 
 
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1provisions of Sections 5-115 and 5-125 do not apply to rules 
2adopted under this subsection (j). The Department of Public Aid 
3may also adopt rules under this subsection (j) necessary to 
4administer the Illinois Public Aid Code and the Children's 
5Health Insurance Program Act. The adoption of emergency rules 
6authorized by this subsection (j) shall be deemed to be 
7necessary for the public interest, safety, and welfare.

8 (k) In order to provide for the expeditious and timely 
9implementation of the provisions of the State's fiscal year 
102006 budget, emergency rules to implement any provision of 
11Public Act 94-48 or any other budget initiative for fiscal year 
122006 may be adopted in accordance with this Section by the 
13agency charged with administering that provision or 
14initiative, except that the 24-month limitation on the adoption 
15of emergency rules and the provisions of Sections 5-115 and 
165-125 do not apply to rules adopted under this subsection (k). 
17The Department of Healthcare and Family Services may also adopt 
18rules under this subsection (k) necessary to administer the 
19Illinois Public Aid Code, the Senior Citizens and Persons with 
20Disabilities Property Tax Relief Act, the Senior Citizens and 
21Disabled Persons Prescription Drug Discount Program Act (now 
22the Illinois Prescription Drug Discount Program Act), and the 
23Children's Health Insurance Program Act. The adoption of 
24emergency rules authorized by this subsection (k) shall be 
25deemed to be necessary for the public interest, safety, and 
26welfare.

 
 
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1 (l) In order to provide for the expeditious and timely 
2implementation of the provisions of the
State's fiscal year 
32007 budget, the Department of Healthcare and Family Services 
4may adopt emergency rules during fiscal year 2007, including 
5rules effective July 1, 2007, in
accordance with this 
6subsection to the extent necessary to administer the 
7Department's responsibilities with respect to amendments to 
8the State plans and Illinois waivers approved by the federal 
9Centers for Medicare and Medicaid Services necessitated by the 
10requirements of Title XIX and Title XXI of the federal Social 
11Security Act. The adoption of emergency rules
authorized by 
12this subsection (l) shall be deemed to be necessary for the 
13public interest,
safety, and welfare.

14 (m) In order to provide for the expeditious and timely 
15implementation of the provisions of the
State's fiscal year 
162008 budget, the Department of Healthcare and Family Services 
17may adopt emergency rules during fiscal year 2008, including 
18rules effective July 1, 2008, in
accordance with this 
19subsection to the extent necessary to administer the 
20Department's responsibilities with respect to amendments to 
21the State plans and Illinois waivers approved by the federal 
22Centers for Medicare and Medicaid Services necessitated by the 
23requirements of Title XIX and Title XXI of the federal Social 
24Security Act. The adoption of emergency rules
authorized by 
25this subsection (m) shall be deemed to be necessary for the 
26public interest,
safety, and welfare.

 
 
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1 (n) In order to provide for the expeditious and timely 
2implementation of the provisions of the State's fiscal year 
32010 budget, emergency rules to implement any provision of 
4Public Act 96-45 or any other budget initiative authorized by 
5the 96th General Assembly for fiscal year 2010 may be adopted 
6in accordance with this Section by the agency charged with 
7administering that provision or initiative. The adoption of 
8emergency rules authorized by this subsection (n) shall be 
9deemed to be necessary for the public interest, safety, and 
10welfare. The rulemaking authority granted in this subsection 
11(n) shall apply only to rules promulgated during Fiscal Year 
122010. 
13 (o) In order to provide for the expeditious and timely 
14implementation of the provisions of the State's fiscal year 
152011 budget, emergency rules to implement any provision of 
16Public Act 96-958 or any other budget initiative authorized by 
17the 96th General Assembly for fiscal year 2011 may be adopted 
18in accordance with this Section by the agency charged with 
19administering that provision or initiative. The adoption of 
20emergency rules authorized by this subsection (o) is deemed to 
21be necessary for the public interest, safety, and welfare. The 
22rulemaking authority granted in this subsection (o) applies 
23only to rules promulgated on or after July 1, 2010 (the 
24effective date of Public Act 96-958) through June 30, 2011. 
25 (p) In order to provide for the expeditious and timely 
26implementation of the provisions of Public Act 97-689, 
 
 
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1emergency rules to implement any provision of Public Act 97-689 
2may be adopted in accordance with this subsection (p) by the 
3agency charged with administering that provision or 
4initiative. The 150-day limitation of the effective period of 
5emergency rules does not apply to rules adopted under this 
6subsection (p), and the effective period may continue through 
7June 30, 2013. The 24-month limitation on the adoption of 
8emergency rules does not apply to rules adopted under this 
9subsection (p). The adoption of emergency rules authorized by 
10this subsection (p) is deemed to be necessary for the public 
11interest, safety, and welfare.
12 (q) In order to provide for the expeditious and timely 
13implementation of the provisions of Articles 7, 8, 9, 11, and 
1412 of Public Act 98-104, emergency rules to implement any 
15provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 
16may be adopted in accordance with this subsection (q) by the 
17agency charged with administering that provision or 
18initiative. The 24-month limitation on the adoption of 
19emergency rules does not apply to rules adopted under this 
20subsection (q). The adoption of emergency rules authorized by 
21this subsection (q) is deemed to be necessary for the public 
22interest, safety, and welfare. 
23 (r) In order to provide for the expeditious and timely 
24implementation of the provisions of Public Act 98-651, 
25emergency rules to implement Public Act 98-651 may be adopted 
26in accordance with this subsection (r) by the Department of 
 
 
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1Healthcare and Family Services. The 24-month limitation on the 
2adoption of emergency rules does not apply to rules adopted 
3under this subsection (r). The adoption of emergency rules 
4authorized by this subsection (r) is deemed to be necessary for 
5the public interest, safety, and welfare. 
6 (s) In order to provide for the expeditious and timely 
7implementation of the provisions of Sections 5-5b.1 and 5A-2 of 
8the Illinois Public Aid Code, emergency rules to implement any 
9provision of Section 5-5b.1 or Section 5A-2 of the Illinois 
10Public Aid Code may be adopted in accordance with this 
11subsection (s) by the Department of Healthcare and Family 
12Services. The rulemaking authority granted in this subsection 
13(s) shall apply only to those rules adopted prior to July 1, 
142015. Notwithstanding any other provision of this Section, any 
15emergency rule adopted under this subsection (s) shall only 
16apply to payments made for State fiscal year 2015. The adoption 
17of emergency rules authorized by this subsection (s) is deemed 
18to be necessary for the public interest, safety, and welfare. 
19 (t) In order to provide for the expeditious and timely 
20implementation of the provisions of Article II of Public Act 
2199-6, emergency rules to implement the changes made by Article 
22II of Public Act 99-6 to the Emergency Telephone System Act may 
23be adopted in accordance with this subsection (t) by the 
24Department of State Police. The rulemaking authority granted in 
25this subsection (t) shall apply only to those rules adopted 
26prior to July 1, 2016. The 24-month limitation on the adoption 
 
 
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1of emergency rules does not apply to rules adopted under this 
2subsection (t). The adoption of emergency rules authorized by 
3this subsection (t) is deemed to be necessary for the public 
4interest, safety, and welfare. 
5 (u) In order to provide for the expeditious and timely 
6implementation of the provisions of the Burn Victims Relief 
7Act, emergency rules to implement any provision of the Act may 
8be adopted in accordance with this subsection (u) by the 
9Department of Insurance. The rulemaking authority granted in 
10this subsection (u) shall apply only to those rules adopted 
11prior to December 31, 2015. The adoption of emergency rules 
12authorized by this subsection (u) is deemed to be necessary for 
13the public interest, safety, and welfare.
14 (v) In order to provide for the expeditious and timely 
15implementation of the provisions of Public Act 99-516, 
16emergency rules to implement Public Act 99-516 may be adopted 
17in accordance with this subsection (v) by the Department of 
18Healthcare and Family Services. The 24-month limitation on the 
19adoption of emergency rules does not apply to rules adopted 
20under this subsection (v). The adoption of emergency rules 
21authorized by this subsection (v) is deemed to be necessary for 
22the public interest, safety, and welfare.
23 (w) In order to provide for the expeditious and timely 
24implementation of the provisions of Public Act 99-796, 
25emergency rules to implement the changes made by Public Act 
2699-796 may be adopted in accordance with this subsection (w) by 
 
 
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1the Adjutant General. The adoption of emergency rules 
2authorized by this subsection (w) is deemed to be necessary for 
3the public interest, safety, and welfare. 
4 (x) In order to provide for the expeditious and timely 
5implementation of the provisions of Public Act 99-906 this 
6amendatory Act of the 99th General Assembly, emergency rules to 
7implement subsection (i) of Section 16-115D, subsection (g) of 
8Section 16-128A, and subsection (a) of Section 16-128B of the 
9Public Utilities Act may be adopted in accordance with this 
10subsection (x) by the Illinois Commerce Commission. The 
11rulemaking authority granted in this subsection (x) shall apply 
12only to those rules adopted within 180 days after June 1, 2017 
13(the effective date of Public Act 99-906) this amendatory Act 
14of the 99th General Assembly. The adoption of emergency rules 
15authorized by this subsection (x) is deemed to be necessary for 
16the public interest, safety, and welfare. 
17 (y) In order to provide for the expeditious and timely 
18implementation of the provisions of this amendatory Act of the 
19100th General Assembly, emergency rules to implement any 
20provision of this amendatory Act of the 100th General Assembly 
21may be adopted in accordance with this subsection (y) by the 
22Department of State Police, the Department of Transportation, 
23the Illinois State Toll Highway Authority, the Illinois 
24Commerce Commission, and the Secretary of State. The rulemaking 
25authority granted in this subsection (y) shall apply only to 
26those rules adopted within 180 days after the effective date of 
 
 
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1this amendatory Act of the 100th General Assembly. The adoption 
2of emergency rules authorized by this subsection (y) is deemed 
3to be necessary for the public interest, safety, and welfare. 
4(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 
598-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 
699-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 
76-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, 
8eff. 6-1-17; revised 1-1-17.)


9 Section 10. The State Police Act is amended by changing 
10Section 7.2 and by adding Section 7.5 as follows:

11 (20 ILCS 2610/7.2)
12 Sec. 7.2. State Police Merit Board Public Safety Fund.
13 (a) A special fund in the State treasury is hereby created 
14which shall be known as the State Police Merit Board Public 
15Safety Fund. The Fund shall be used by the State Police Merit 
16Board to provide a cadet program for State Police personnel and 
17to meet all costs associated with the functions of the State 
18Police Merit Board. Notwithstanding any other law to the 
19contrary, the State Police Merit Board Public Safety Fund is 
20not subject to sweeps, administrative charge-backs, or any 
21other fiscal or budgetary maneuver that would in any way 
22transfer any amounts from the State Police Merit Board Public 
23Safety Fund into any other fund of the State.
24 (b) The Fund may receive State appropriations, gifts, 
 
 
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1grants, and federal funds and shall include earnings from the 
2investment of moneys in the Fund.
3 (c) The administration of this Fund shall be the 
4responsibility of the State Police Merit Board. The Board shall 
5establish terms and conditions for the operation of the Fund. 
6The Board shall establish and implement fiscal controls and 
7accounting periods for programs operated using the Fund. All 
8fees or moneys received by the State Treasurer under subsection 
9(n) of Section 27.6 of the Clerks of Courts Act shall be 
10deposited into the Fund. The moneys deposited in the State 
11Police Merit Board Public Safety Fund shall be appropriated to 
12the State Police Merit Board for expenses of the Board for the 
13administration and conduct of all its programs for State Police 
14personnel. Three percent of the moneys deposited into the Fund 
15under subsection (d-5) of Section 20 of the Automated Traffic 
16Control Systems in Highway Construction or Maintenance Zones 
17Act shall be used for advertising or other methods to attract 
18diverse State Police cadet candidates so that the headcount 
19goal of State Police officers under Section 7.5 of this Act 
20continues to adequately represent the population of women, 
21minorities, and military veterans in this State. 

22(Source: P.A. 97-1051, eff. 1-1-13.)

23 (20 ILCS 2610/7.5 new)
24 Sec. 7.5. Cadet classes. Beginning July 1, 2018, the 
25Director of State Police, in conjunction with the State Police 
 
 
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1Merit Board, shall annually appoint between one and 3 cadet 
2classes with a goal of a minimum of 75 cadets per class. The 
3appointments shall continue until the Department's total sworn 
4headcount meets or exceeds 2,500 sworn State Police officers. 
5The headcount goal of the Director shall be to maintain a total 
6minimum headcount of 2,500 sworn State Police officers.

7 Section 15. The Illinois Vehicle Code is amended by 
8changing Sections 3-704 and 11-605.1 as follows:




9 (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)


10 Sec. 3-704. Authority of Secretary of State to suspend or 
11revoke a registration or
certificate of title; authority to 
12suspend or revoke the registration of a
vehicle.
13 (a) The Secretary of State may suspend or revoke the 
14registration of a
vehicle or a certificate of title, 
15registration card, registration sticker,
registration plate, 
16disability parking decal or device,
or any nonresident or other 
17permit in any of the following events:


18  1. When the Secretary of State is satisfied that such 
19 registration or
that such certificate, card, plate, 
20 registration sticker or permit was
fraudulently or

21 erroneously issued;


22  2. When a registered vehicle has been dismantled or 
23 wrecked or is not
properly equipped;


24  3. When the Secretary of State determines that any 
 
 
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1 required fees have
not been paid to the Secretary of State, 
2 to the Illinois Commerce
Commission, or to the Illinois 
3 Department of Revenue under the Motor Fuel Tax Law, and the 
4 same are not paid upon reasonable notice and demand;


5  4. When a registration card, registration plate, 
6 registration sticker
or permit is knowingly
displayed upon 
7 a vehicle other than the one for which issued;


8  5. When the Secretary of State determines that the 
9 owner has committed
any offense under this Chapter 
10 involving the registration or the
certificate, card, 
11 plate, registration sticker or permit to be suspended or

12 revoked;


13  6. When the Secretary of State determines that a 
14 vehicle registered
not-for-hire is used or operated 
15 for-hire unlawfully, or used or operated
for purposes other 
16 than those authorized;


17  7. When the Secretary of State determines that an owner 
18 of a for-hire
motor vehicle has failed to give proof of 
19 financial responsibility as
required by this Act;


20  8. When the Secretary determines that the vehicle is 
21 not subject to or
eligible for a registration;


22  9. When the Secretary determines that the owner of a 
23 vehicle registered
under the mileage weight tax option 
24 fails to maintain the records specified
by law, or fails to 
25 file the reports required by law, or that such vehicle
is 
26 not equipped with an operable and operating speedometer or 
 
 
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1 odometer;


2  10. When the Secretary of State is so authorized under 
3 any other
provision of law;


4  11. When the Secretary of State determines that the 
5 holder of a disability parking decal or device has 
6 committed any offense under Chapter 11
of this Code 
7 involving the use of a disability parking decal
or device.

8 (a-5) The Secretary of State may revoke a certificate of 
9title and registration card and issue a corrected certificate 
10of title and registration card, at no fee to the vehicle owner 
11or lienholder, if there is proof that the vehicle 
12identification number is erroneously shown on the original 
13certificate of title.

14 (b) The Secretary of State may suspend or revoke the 
15registration of a
vehicle as follows:


16  1. When the Secretary of State determines that the 
17 owner of a vehicle has
not paid a civil penalty or a 
18 settlement agreement arising from the
violation of rules 
19 adopted under the Illinois Motor Carrier Safety Law or the

20 Illinois Hazardous Materials Transportation Act or that a 
21 vehicle, regardless
of ownership, was the subject of 
22 violations of these rules that resulted in a
civil penalty 
23 or settlement agreement which remains unpaid.


24  2. When the Secretary of State determines that a 
25 vehicle registered for a
gross weight of more than 16,000 
26 pounds within an affected area is not in
compliance with 
 
 
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1 the provisions of Section 13-109.1 of the Illinois Vehicle

2 Code.
3  3. When the Secretary of State is notified by the 
4 United States Department of Transportation that a vehicle 
5 is in violation of the Federal Motor Carrier Safety 
6 Regulations, as they are now or hereafter amended, and is 
7 prohibited from operating.
8 (c) The Secretary of State may suspend the registration of 
9a
vehicle when a court finds that the vehicle was used in a 
10violation of Section 24-3A of the Criminal Code of 1961 or the 
11Criminal Code of 2012 relating to gunrunning. A suspension of 
12registration under this subsection (c) may be for a period of 
13up to 90 days.

14 (d) The Secretary of State shall not renew the registration 
15of a
vehicle when the Illinois Commerce Commission finds that 
16the registered owner of a vehicle used in violation of the 
17Automated Traffic Control Systems in Highway Construction or 
18Maintenance Zones Act: (1) has failed to pay any penalty due 
19and owing as a result of 3 violations under the Automated 
20Traffic Control Systems in Highway Construction or Maintenance 
21Zones Act; or (2) is more than 30 calendar days in default of a 
22payment plan. The Illinois Commerce Commission and the 
23Secretary of State shall adopt rules to implement this 
24subsection (d). 
25(Source: P.A. 97-540, eff. 1-1-12; 97-1150, eff. 1-25-13.)


 
 
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1 (625 ILCS 5/11-605.1)
2 Sec. 11-605.1. Special limit while traveling through a 
3highway construction or maintenance speed zone.
4 (a) A person may not operate a motor vehicle in a 
5construction or maintenance speed zone at a speed in excess of 
6the posted speed limit when workers are present.

7 (a-5) A person may not operate a motor vehicle in a 
8construction or maintenance speed zone at a speed in excess of 
9the posted speed limit when workers are not present. 
10 (b) Nothing in this Chapter prohibits the use of electronic 
11speed-detecting devices within 500 feet of signs within a 
12construction or maintenance speed zone as defined by the 
13Automated Traffic Control Systems in Highway Construction or 
14Maintenance Zones Act. A violation incurred by use of 
15electronic speed-detecting devices shall not constitute a 
16first or subsequent violation of this Section for purposes of 
17fines or driver's license suspensions indicating the zone, as 
18defined in this Section, nor shall evidence obtained by use of 
19those devices be inadmissible in any prosecution for speeding, 
20provided the use of the device shall apply only to the 
21enforcement of the speed limit in the construction or 
22maintenance speed zone.

23 (c) As used in this Section, a "construction or maintenance 
24speed zone" is an area in which the Department, Toll Highway 
25Authority, or local agency has posted signage advising drivers 
26that a construction or maintenance speed zone is being 
 
 
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1approached, or in which the Department, Authority, or local 
2agency is preparing for construction or maintenance of the 
3road, conducting construction or maintenance of the road, or 
4removing construction or maintenance equipment and materials 
5from the road, and has posted a lower speed limit with a 
6highway construction or maintenance speed zone special speed 
7limit sign after determining that the preexisting established 
8speed limit through a highway construction or maintenance 
9project is greater than is reasonable or safe with respect to 
10the conditions expected to exist in the construction or 
11maintenance speed zone.
12 If it is determined that the preexisting established speed 
13limit is safe with respect to the conditions expected to exist 
14in the construction or maintenance speed zone, additional speed 
15limit signs which conform to the requirements of this 
16subsection (c) shall be posted.
17 Highway construction or maintenance speed zone special 
18speed limit signs shall be of a design approved by the 
19Department. The signs must give proper due warning that a 
20construction or maintenance speed zone is being approached and 
21must indicate the maximum speed limit in effect. The signs also 
22must state the amount of the potential fines minimum fine for a 
23violation or automated violation.

24 (d) Except as provided under subsection (d-5), a person who 
25violates this Section is guilty of a petty offense. Violations 
26of this Section are punishable with a minimum fine of $250 for 
 
 
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1the first violation and a minimum fine of $750 for the second 
2or subsequent violation.
3 (d-5) A person committing a violation of this Section is 
4guilty of aggravated special speed limit while traveling 
5through a highway construction or maintenance speed zone when 
6he or she drives a motor vehicle at a speed that is:
7  (1) 26 miles per hour or more but less than 35 miles 
8 per hour in excess of the applicable special speed limit 
9 established under this Section or a similar provision of a 
10 local ordinance and is guilty of a Class B misdemeanor; or
11  (2) 35 miles per hour or more in excess of the 
12 applicable special speed limit established under this 
13 Section or a similar provision of a local ordinance and is 
14 guilty of a Class A misdemeanor. 
15 (e) If a fine for a violation of this Section is $250 or 
16greater, the person who violated this Section shall be charged 
17an additional $125, which shall be deposited into the 
18Transportation Safety Highway Hire-back Fund in the State 
19treasury, unless (i) the violation occurred on a highway other 
20than an interstate highway and (ii) a county police officer 
21wrote the ticket for the violation, in which case the $125 
22shall be deposited into that county's Transportation Safety 
23Highway Hire-back Fund. In the case of a second or subsequent 
24violation of this Section, if the fine is $750 or greater, the 
25person who violated this Section shall be charged an additional 
26$250, which shall be deposited into the Transportation Safety 
 
 
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1Highway Hire-back Fund in the State treasury, unless (i) the 
2violation occurred on a highway other than an interstate 
3highway and (ii) a county police officer wrote the ticket for 
4the violation, in which case the $250 shall be deposited into 
5that county's Transportation Safety Highway Hire-back Fund.

6 (e-5) The Department of State Police and the local county 
7police department have concurrent jurisdiction over any 
8violation of this Section that occurs on an interstate highway.

9 (f) The Transportation Safety Highway Hire-back Fund, 
10which was created by Public Act 92-619, shall continue to be a 
11special fund in the State treasury. Subject to appropriation by 
12the General Assembly and approval by the Secretary, the 
13Secretary of Transportation shall use all moneys in the 
14Transportation Safety Highway Hire-back Fund to hire off-duty 
15Department of State Police officers to monitor construction or 
16maintenance zones, and to provide additional policing as 
17determined by the Director of State Police, in coordination 
18with the Secretary of Transportation, including State Police 
19cadet training.
20 (f-5) Each county shall create a Transportation Safety 
21Highway Hire-back Fund. The county shall use the moneys in its 
22Transportation Safety Highway Hire-back Fund to hire off-duty 
23county police officers to monitor construction or maintenance 
24zones in that county on highways other than interstate 
25highways, and to provide additional policing as determined by 
26the sheriff. The county, in its discretion, may also use a 
 
 
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1portion of the moneys in its Transportation Safety Highway 
2Hire-back Fund to purchase equipment for county law enforcement 
3and fund the production of materials to educate drivers on 
4construction zone safe driving habits.

5 (f-10) Each local agency operating an automated control 
6system under the Automated Traffic Control Systems in Highway 
7Construction or Maintenance Zones Act may create a 
8Transportation Safety Highway Hire-back Fund to hire off-duty 
9law enforcement officers to monitor construction or 
10maintenance zones within that agency's jurisdiction and 
11provide additional policing within that agency's jurisdiction. 
12 (g) For a second or subsequent violation of this Section 
13within 2 years of the date of the previous violation, the 
14Secretary of State shall suspend the driver's license of the 
15violator for a period of 90 days.
This suspension shall only be

16imposed if the current violation of this Section and at least 
17one prior violation of this Section
occurred during a period 
18when workers were present in the
construction or maintenance 
19zone. 

20(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280, 
21eff. 1-1-16; 99-642, eff. 7-28-16.)

22 Section 20. The Automated Traffic Control Systems in 
23Highway Construction or Maintenance Zones Act is amended by 
24changing Sections 10, 15, 20, 25, 30, 35, and 40 as follows:

 
 
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1 (625 ILCS 7/10)

2 Sec. 10. Establishment of automated traffic control 
3systems. 
The Department of State Police or local agency with 
4jurisdiction may establish and enforce an automated traffic 
5control system in any construction or maintenance zone 
6established by the Department of Transportation, or the 
7Illinois State Toll Highway Authority, or a local agency with 
8jurisdiction. The Department of State Police may enforce an 
9automated traffic control system in any construction or 
10maintenance zone established by a local agency with 
11jurisdiction. The Department of State Police shall cease 
12automated enforcement operations if the municipal chief of 
13police with jurisdiction makes a written request to the 
14Department of State Police. The Department of State Police 
15shall cease automated enforcement operations in any 
16unincorporated area of the county if the county sheriff with 
17jurisdiction makes a written request to the Department of State 
18Police. The Department of State Police or local agency shall 
19operate a technically advanced system in terms of image or 
20video recording capabilities in combination with vehicle 
21detection sensors. No automated traffic control system shall be 
22established or operated under this Section unless approved by 
23the Secretary of Transportation. The Department of State Police 
24and the Department of Transportation shall create rules for the 
25establishment, compatibility, operation, transmission of data, 
26and enforcement of an automated traffic control system under 
 
 
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1this Act. The Department of State Police shall review and send 
2notice of any violation of this Act. The Department of State 
3Police shall be responsible for entering into contracts with 
4vendors for the establishment, maintenance, and operation of 
5the automated traffic control system. All contracts shall be 
6paid from the penalties collected under this Act before any 
7other funds are distributed. A local agency with jurisdiction 
8seeking to utilize an automated traffic control system shall 
9enter into an intergovernmental agreement with the Department 
10of State Police to sub-lease the equipment. The Department of 
11State Police shall review all the evidence of potential 
12violations, make violation determinations, and send out all 
13notices of violations. An automated traffic control system may 
14operate only during those periods when workers are present in 
15the construction or maintenance zone. In any prosecution based 
16upon evidence obtained through an automated traffic control 
17system established under this Act, the State must prove that 
18one or more workers were present in the construction or 
19maintenance zone when the violation occurred.

20(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; 
2194-814, eff. 1-1-07.)

22 (625 ILCS 7/15)

23 Sec. 15. Definitions. As used in this Act:
24 (a) "Automated traffic control system" means any system 
25with image or video recording capabilities in combination with 
 
 
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1vehicle detection sensors that accurately measures a vehicle's 
2speed while recording a clear image or video of the vehicle and 
3the vehicle's front and rear registration plates while the 
4driver is violating Section 20 of this Act. Each system shall 
5also attempt to capture the image of the face of the driver to 
6assist the owners of the vehicle in identifying the person 
7driving the vehicle at the time of the violation. The image of 
8the face of the driver is not necessary for the issuance of a 
9Notice of Violation under Section 30 of this Act. a 
10photographic device, radar device, laser device, or other 
11electrical or mechanical device or devices designed to record 
12the speed of a vehicle and obtain a clear photograph or other 
13recorded image of the vehicle, the vehicle operator, and the 
14vehicle's registration plate while the driver is violating 
15Section 11-605.1 of the Illinois Vehicle Code. The photograph 
16or other recorded image must also display the time, date, and 
17location of the violation. A law enforcement officer is not 
18required to be present or to witness the violation.
19 (b) "Construction or maintenance zone" means an area in 
20which the Department of Transportation, or the Illinois State 
21Toll Highway Authority, or local agency with jurisdiction is 
22preparing for construction or maintenance of the road, 
23conducting construction or maintenance of the road, or removing 
24construction or maintenance equipment and materials from the 
25road, and has determined that the preexisting established speed 
26limit through a highway construction or maintenance project is 
 
 
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1greater than is reasonable or safe with
respect to the 
2conditions expected to exist in the construction or maintenance

3zone and has posted a lower speed limit with a highway 
4construction or maintenance zone special speed limit sign in 
5accordance with Section 11-605.1 of the Illinois Vehicle Code. 
6Unless a road or highway remains in an unsafe or hazardous 
7condition, including, but not limited to, lane closures, 
8traffic alterations, or other alterations impacting normal 
9driving conditions, no automated enforcement shall occur in a 
10construction or maintenance zone if construction work has not 
11occurred in the previous 48 hours or more. 
12 "Local agency with jurisdiction" means the municipality or 
13county establishing a construction or maintenance zone under 
14this Act. Local agency enforcement is limited to all or any 
15portion of a State highway or road where speed limits exceed 45 
16miles per hour before establishment of a construction or 
17maintenance zone. Local agency enforcement for a county is 
18limited to an unincorporated area of the county. 
19 (c) "Owner" means the person or entity to whom the vehicle 
20is registered.

21(Source: P.A. 93-947, eff. 8-19-04.)

22 (625 ILCS 7/20)

23 Sec. 20. Civil violation; penalties; vehicle registration 
24non-renewal Penalties. 
25 (a) A motor vehicle may not operate in a construction or 
 
 
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1maintenance zone at a speed in excess of the posted speed 
2limit. The registered owner of a motor vehicle operated in 
3violation of this Section when the violation is recorded by an 
4automated traffic control system shall be subject to the 
5following penalties:
6  (1) if the recorded speed is less than 10 miles per 
7 hour over the posted speed limit, a civil penalty may not 
8 be imposed under this Act; however, the Department of State 
9 Police may send a speed violation warning notice to the 
10 registered owner of the vehicle, in the same manner that a 
11 Notice of Violation is sent under this Act; 
12  (2) if the recorded speed is at least 10 miles per hour 
13 but less than 20 miles per hour over the posted speed 
14 limit, a civil penalty of $50 is imposed, and if the 
15 penalty is not paid in a timely manner an additional 
16 penalty of $50 is imposed; or
17  (3) if the recorded speed is 20 miles per
hour or more 
18 over the posted speed limit, a civil penalty of $100 is 
19 imposed, and if the penalty is not paid in a timely manner 
20 an additional penalty of $100 is imposed.
21 (b) A violation of this Section is a civil penalty, and not 
22a violation of a traffic regulation governing the movement of 
23vehicles and may not be recorded on the driving record of the 
24owner of the vehicle. 
25 (c) In addition to the penalties imposed under this 
26Section, the Secretary of State shall not renew the vehicle 
 
 
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1registration of the registered owner of a vehicle operated in 
2violation of this Section, if the Illinois Commerce Commission 
3finds that the owner: (1) has failed to pay any penalty due and 
4owing as a result of 3 violations of this Section; or (2) is 
5more than 30 calendar days in default of a payment plan. The 
6Illinois Commerce Commission and the Secretary of State shall 
7adopt rules to implement this Section.
8 (d) Forty percent of the penalties collected under an 
9automated traffic control system established by a local agency 
10that enters into an intergovernmental agreement with the 
11Department of State Police shall be deposited as follows: 20% 
12into the Traffic and Criminal Conviction Surcharge Fund for use 
13in law enforcement training and 20% into the State Police 
14Operations Assistance Fund. 
15 (d-5) Forty percent of the penalties collected under an 
16automated traffic control system established by the Department 
17of State Police, the Department of Transportation, or the 
18Illinois State Toll Highway Authority, shall be deposited into 
19the State Police Merit Board Public Safety Fund for 
20distribution under Section 7.2 of the State Police Act. 
21 (e) Ten percent of the penalties collected under an 
22automated traffic control system established by the Department 
23of State Police, the Department of Transportation, or the 
24Illinois State Toll Highway Authority, shall be deposited into 
25the State Transportation Safety Highway Hire-back Fund. All 
26moneys deposited into the State Transportation Safety Highway 
 
 
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1Hire-back Fund from funds collected under an automated traffic 
2control system established by the Illinois State Toll Highway 
3Authority shall be used exclusively for policing expenditures 
4on State tollways. Ten percent of the penalties collected under 
5an automated traffic control system established by a local 
6agency with jurisdiction shall be deposited as follows: 5% into 
7the Transportation Safety Highway Hire-back Fund of the local 
8agency with jurisdiction, if a fund exists, and 5% into the 
9State Transportation Safety Highway Hire-back Fund. If the 
10local agency with jurisdiction does not have a Transportation 
11Safety Highway Hire-back Fund, then 10% of the penalties 
12collected under an automated traffic control system 
13established by a local agency with jurisdiction shall be 
14deposited into the State Transportation Safety Highway 
15Hire-back Fund. The funds deposited into the State 
16Transportation Safety Highway Hire-back Fund or the 
17Transportation Safety Highway Hire-back Fund of the local 
18agency with jurisdiction under this subsection (e) shall be 
19used to hire off-duty Department of State Police or local 
20agency officers to monitor construction or maintenance zones 
21and provide for additional policing. The Department of State 
22Police may recover, and deposit into the State Police 
23Operations Assistance Fund, enforcement and administrative 
24costs from enforcement penalties collected under this Act, but 
25the amount collected shall not exceed 20% of the total 
26penalties collected under this Act. A local agency with 
 
 
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1jurisdiction may establish a Safety Highway Hire-back Fund to 
2receive revenues under this Section. The Department of State 
3Police shall adopt rules to implement this subsection (e).
4 (e-5) Twenty percent of the penalties collected under an 
5automated traffic control system shall be deposited into the 
6Road Fund and used exclusively for driver education or work 
7zone safety awareness; or into the State Transportation 
8Hire-back Fund and used exclusively for roads and highways 
9under the jurisdiction of the Department of Transportation. 
10 (e-7) Ten percent of all penalties collected under this Act 
11shall be deposited into the Transportation Regulatory Fund and 
12may be used by the Illinois Commerce Commission for 
13administrative, enforcement, and adjudicatory purposes. 
14 (f) The Department of State Police and the Department of 
15Transportation shall jointly conduct an annual statistical 
16analysis to assess the safety impact of the system. The 
17statistical analysis shall be based upon the best available 
18crash, traffic, and other data, and shall cover a period of 
19time before and after the installation of the system sufficient 
20to provide a statistically valid comparison of the safety 
21impact. The statistical analysis required by this subsection 
22(f) shall be made available to the public and shall be 
23published on the websites of the Department of State Police and 
24the Department of Transportation. 
25 (g) The Illinois Commerce Commission and Department of 
26State Police shall adopt rules for collection of penalties, 
 
 
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1conduct of administrative proceedings, and other rules 
2necessary to implement this Act. The rules adopted must allow 
3for a 60-day period to pay a penalty or challenge each attested 
4Notice of Violation. 
5The penalties for and consequences of a traffic violation 
6recorded by an automated traffic control system are the same as 
7for any similar violation of the Illinois Vehicle Code.

8(Source: P.A. 93-947, eff. 8-19-04.)

9 (625 ILCS 7/25)

10 Sec. 25. Limitations on the use of automated traffic 
11control enforcement systems. 
12 (a) The Department of State Police or local agency with 
13jurisdiction must conduct a public information campaign to 
14inform drivers about the use of automated traffic
control 
15systems in highway construction or maintenance zones, 
16including but not limited to speed restrictions under Sections 
1711-601.5 and 11-605.1 of the Illinois Vehicle Code and 
18penalties for injuring or killing a worker in a highway 
19construction or maintenance zone under Section 11-908 of the 
20Illinois Vehicle Code before establishing any of those systems. 
21The Department of State Police shall adopt rules for 
22implementing this subsection (a).
23 (b) Signs indicating that speeds are enforced by automated 
24traffic control systems must be clearly and conspicuously 
25posted not more than 500 feet before a construction or 
 
 
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1maintenance zone and not more than 500 feet before an automated 
2traffic control system. Signs indicating the end of a 
3construction or maintenance zone utilizing an automated 
4traffic control system must be clearly and conspicuously posted 
5in the areas where the systems are in use.
6 (c) Operation of automated traffic control systems is 
7limited to established areas where road construction or 
8maintenance zones is occurring.
9 (d) Photographs or other recorded images obtained in this 
10manner may only be used as evidence in relation to a violation 
11of this Act or Section 11-605.1 of the Illinois Vehicle Code 
12for which the photograph is taken. For the purposes of this 
13Act, the The photographs or other recorded images are available 
14only to the owner of the vehicle, the driver of the vehicle, 
15the lessee of the vehicle, the offender and the offender's 
16attorney of the owner or driver or lessee, hearing officer, 
17relevant Secretary of State or Illinois Commerce Commission 
18personnel the judiciary, the local State's Attorney, and law 
19enforcement officials.
20 (e) (Blank). If the driver of the vehicle cannot be 
21identified through the photograph, the owner is not liable for 
22the fine, and the citation may not be counted against the 
23driving record of the owner. If the driver can be identified, 
24the driver is liable for the fine, and the violation is counted 
25against his or her driving record.

26(Source: P.A. 93-947, eff. 8-19-04.)

 
 
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1 (625 ILCS 7/30)

2 Sec. 30. Requirements for issuance of a Notice of Violation 
3citation. 
4 (a) The vehicle, vehicle operator, vehicle registration 
5plate, speed, date, time, and location must be clearly visible 
6on the photograph or other recorded image of the alleged 
7violation. The Department of State Police must review and 
8approve the photograph or other recorded image for compliance 
9with this subsection. The Department of State Police shall 
10adopt rules for: (1) coordination of enforcement efforts with 
11State agencies, local agencies with jurisdiction, the Illinois 
12Commerce Commission, and the Secretary of State; (2) notices to 
13motorists; and (3) review and approval of photographs or other 
14recorded images from automated traffic control systems 
15established by the Department or a local agency with 
16jurisdiction. The rules may provide that the review and 
17approval of the photograph or other recorded image under this 
18subsection may be conducted by a Department employee other than 
19a sworn law enforcement officer. 
20 (b) A Notice of Violation Uniform Traffic Citation must be 
21mailed by first class United States mail with postage prepaid 
22or otherwise delivered to the registered owner of the vehicle . 
23If mailed, the citation must be sent via certified mail within 
2414
business days of the alleged violation, return receipt 
25requested.
 
 
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1 (c) The Notice of Violation Uniform Traffic Citation must 
2include:
3  (1) the name and address of the vehicle owner;
4  (2) the registration number of the vehicle;
5  (3) the violation offense charged;
6  (4) the time, date, and location of the violation;
7  (5) (blank) the first available court date; and

8  (6) notice that the basis of the violation citation is 
9 the photograph or recorded image from the automated traffic 
10 control system; .
11  (7) a copy of the recorded image or images and a 
12 statement that the violation occurred in a construction or 
13 maintenance zone, as defined by Section 15 of this Act; 
14  (8) the amount of the civil penalty imposed and the 
15 date by which the civil penalty should be paid; 
16  (9) a statement that recorded images are evidence of a 
17 violation of a speed restriction; 
18  (10) a warning that failure to pay the civil penalty in 
19 a timely manner is an admission of liability and may result 
20 in the non-renewal of the vehicle registration of the owner 
21 of the vehicle; 
22  (11) a statement that the person may elect to proceed 
23 by: 
24   (A) paying the fine; 
25   (B) challenging the charge by mail or by 
26 administrative hearing; or 
 
 
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1   (C) challenging the charge by any administrative 
2 rule adopted by the Illinois Commerce Commission under 
3 this Act; and 
4  (12) a website address where the owner may view the 
5 recorded images of the violation. 
6 (d) The Notice of Violation Uniform Traffic Citation issued 
7to the owner violator must be a single sheet. accompanied by a 
8written document that lists the violator's rights and 
9obligations and explains how the violator can elect to proceed 
10by either paying the fine or challenging the issuance of the 
11The written document must also include on the backside of the 
12sheet information on penalties for injuring or killing a worker 
13in a highway construction or maintenance zone Uniform Traffic 
14Citation.

15(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; 
1694-814, eff. 1-1-07.)

17 (625 ILCS 7/35)

18 Sec. 35. Response to issuance of a Notice of Violation 
19citation. 
20 (a) If a A person issued a Notice of Violation citation 
21under this Act (1) has failed to pay any penalty due and owing 
22as a result of 3 violations under the Automated Traffic Control 
23Systems in Highway Construction or Maintenance Zones Act; or 
24(2) is more than 30 calendar days in default of a payment plan, 
25the Secretary of State shall not renew the registration of the 
 
 
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1owner of the vehicle. The Secretary of State shall adopt rules 
2to implement this Section may respond to the citation in person 
3or by any method allowed by law.
4 (b) (Blank). If the driver of the vehicle cannot be 
5identified through the photograph or other recorded image, the 
6owner is not liable for the fine.

7 (c) The Illinois Commerce Commission shall establish an 
8administrative process to carry out this Section and shall 
9adopt rules to allow for coordination with the Department of 
10State Police, the Secretary of State, other State agencies, and 
11local agencies with jurisdiction to enforce this Section. The 
12rules adopted shall not allow for less than 60 days for a 
13vehicle owner to either pay the violation or challenge the 
14violation by mail, administrative hearing, or any other 
15procedure established by rule. The rules shall provide a 
16process by which a vehicle owner may transfer liability for a 
17violation under this Act to the driver of the owner's vehicle 
18and a process by which a lessor may transfer liability for a 
19violation under this Act to the lessee of the lessor's vehicle. 
20 (d) In an administrative proceeding challenging the 
21violation, the hearing officer may consider in defense of a 
22violation:
23  (1) that the motor vehicle or registration plate of
the 
24 motor vehicle were stolen before the violation occurred and 
25 were not under the control of or in the possession of the 
26 owner at the time of the violation;
 
 
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1  (2) that the driver or owner of the motor vehicle 
2 received a Uniform Traffic Citation from a law enforcement 
3 officer for a speed violation occurring within one-eighth 
4 of a mile and within 15 minutes of the violation recorded 
5 by the automated traffic control system; 
6  (3) that the owner or lessor of the vehicle has 
7 transferred liability to the driver; 
8  (4) that clear and conspicuous signs were not displayed 
9 at the construction or maintenance zone; 
10  (5) that the Department of Transportation, Illinois 
11 State Toll Highway Authority, or local agency with 
12 jurisdiction did not properly establish a construction or 
13 maintenance zone as defined under Section 15 of this Act; 
14 or 
15  (6) any other evidence or issues allowed by 
16 administrative rule adopted under this Act. 
17(Source: P.A. 93-947, eff. 8-19-04.)

18 (625 ILCS 7/40)

19 Sec. 40. Admissibility of recorded images. Any Except as 
20provided in Section 45, any photograph or other recorded image 
21evidencing a violation of this Act or Section 11-605.1 of the 
22Illinois Vehicle Code is admissible in any proceeding resulting 
23from the issuance of the Notice of Violation under this Act or 
24Uniform Traffic Citation under Section 11-605.1 of the Illinois 
25Vehicle Code. For the purposes of this Act, photographs 
 
 
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1Photographs or other recorded images made by an automated 
2automatic traffic control system are confidential and shall be 
3made available only to those persons provided for under 
4subsection (d) of Section 25 of this Act the defendant and to 
5governmental or law enforcement agencies within the 
6jurisdiction for the purposes of adjudicating a driving 
7violation.

8(Source: P.A. 93-947, eff. 8-19-04.)

9 (625 ILCS 7/45 rep.)
10 Section 25. The Automated Traffic Control Systems in 
11Highway Construction or Maintenance Zones Act is amended by 
12repealing Section 45.

13 Section 95. No acceleration or delay. Where this Act makes 
14changes in a statute that is represented in this Act by text 
15that is not yet or no longer in effect (for example, a Section 
16represented by multiple versions), the use of that text does 
17not accelerate or delay the taking effect of (i) the changes 
18made by this Act or (ii) provisions derived from any other 
19Public Act.".