Bill Text: IL HB2853 | 2011-2012 | 97th General Assembly | Chaptered

---

Bill Title: Creates the First 2011 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Passed) 2011-08-12 - Public Act . . . . . . . . . 97-0333 [HB2853 Detail]

Download: Illinois-2011-HB2853-Chaptered.html

---

Public Act 097-0333
HB2853 Enrolled LRB097 02957 AMC 42981 b
AN ACT to revise the law by combining multiple enactments
and making technical corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Nature of this Act.
(a) This Act may be cited as the First 2011 General
Revisory Act.
(b) This Act is not intended to make any substantive change
in the law. It reconciles conflicts that have arisen from
multiple amendments and enactments and makes technical
corrections and revisions in the law.
This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
(c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not

include other versions of the Section to be found in Public
Acts not included in the list of sources. The list of sources
is not a part of the text of the Section.
(d) Public Acts 96-857 through 96-1479 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking or
underscoring because no additional changes are being made in
the material that is being combined.
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.31 as follows:
(5 ILCS 80/4.31)
Sec. 4.31. Acts Act repealed on January 1, 2021. The
following Acts are Act is repealed on January 1, 2021:
The Crematory Regulation Act.
The Cemetery Oversight Act.
The Illinois Health Information Exchange and Technology
Act.
The Radiation Protection Act of 1990.
(Source: P.A. 96-1041, eff. 7-14-10; 96-1331, eff. 7-27-10;
incorporates P.A. 96-863, eff. 3-1-10; revised 9-9-10.)
(5 ILCS 80/8.31 rep.)
Section 10. The Regulatory Sunset Act is amended by
repealing Section 8.31.

Section 15. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the
public body, including hearing testimony on a complaint
lodged against an employee of the public body or against
legal counsel for the public body to determine its
validity.
(2) Collective negotiating matters between the public

body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the public
body is given power to remove the occupant under law or
ordinance.
(4) Evidence or testimony presented in open hearing, or
in closed hearing where specifically authorized by law, to
a quasi-adjudicative body, as defined in this Act, provided
that the body prepares and makes available for public
inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the purpose
of discussing whether a particular parcel should be
acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments, or
investment contracts.
(8) Security procedures and the use of personnel and
equipment to respond to an actual, a threatened, or a

reasonably potential danger to the safety of employees,
students, staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public body
is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair housing

practices and creating a commission or administrative
agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals for a hospital, or other institution
providing medical care, that is operated by the public
body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by

the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes as
mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) (25) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (25) Confidential information, when discussed by
one or more members of an elder abuse fatality review team,
designated under Section 15 of the Elder Abuse and Neglect
Act, while participating in a review conducted by that team

of the death of an elderly person in which abuse or neglect
is suspected, alleged, or substantiated; provided that
before the review team holds a closed meeting, or closes an
open meeting, to discuss the confidential information,
each participating review team member seeking to disclose
the confidential information in the closed meeting or
closed portion of the meeting must state on the record
during an open meeting or the open portion of a meeting the
nature of the information to be disclosed and the legal
basis for otherwise holding that information confidential.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make

determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 95-185, eff. 1-1-08; 96-1235, eff. 1-1-11;
96-1378, eff. 7-29-10; 96-1428, eff. 8-11-10; revised 9-2-10.)
Section 20. The Freedom of Information Act is amended by
changing Sections 7 and 7.5 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.

(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information.
The disclosure of information that bears on the public
duties of public employees and officials shall not be
considered an invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the extent
that disclosure would:
(i) interfere with pending or actually and

reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would

result in demonstrable harm to the agency or public
body that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.

The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension fund,
from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as
a result of either investing or evaluating a potential
investment of public funds in a private equity fund. The
exemption contained in this item does not apply to the
aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company
within the investment portfolio of a private equity fund,
unless the disclosure of the identity of a privately held
company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.

(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by news
media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.

(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including but not limited to power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication of
employee grievances or disciplinary cases; however, this

exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including but
not limited to software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents and
information relating to that parcel shall be exempt except

as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to be
used to create electronic or digital signatures under the
Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's

population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, or to
tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power Agency
Act and Section 16-111.5 of the Public Utilities Act that
is determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the

School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) (bb) Information regarding interments,
entombments, or inurnments of human remains that are
submitted to the Cemetery Oversight Database under the
Cemetery Care Act or the Cemetery Oversight Act, whichever
is applicable.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.

(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10;
96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10;
96-736, eff. 7-1-10; 96-863, eff. 3-1-10; 96-1378, eff.
7-29-10; revised 9-2-10.)
(5 ILCS 140/7.5)
Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records
Confidentiality Act.
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under

Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(g) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office
that would be exempt if created or obtained by an Executive
Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.
(k) Law enforcement officer identification information or
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death review
team or the Executive Council under the Abuse Prevention Review
Team Act.

(m) Information provided to the predatory lending database
created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that
Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution
chooses not to pursue the death penalty prior to trial or
sentencing.
(o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in
the form of health data or medical records contained in, stored
in, submitted to, transferred by, or released from the Illinois
Health Information Exchange, and identified or deidentified
health information in the form of health data and medical
records of the Illinois Health Information Exchange in the
possession of the Illinois Health Information Exchange
Authority due to its administration of the Illinois Health
Information Exchange. The terms "identified" and
"deidentified" shall be given the same meaning as in the Health
Insurance Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) (t) Records and information provided to an independent
team of experts under Brian's Law.
(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
96-1331, eff. 7-27-10; revised 9-2-10.)
Section 25. The Identity Protection Act is amended by
changing Section 10 as follows:
(5 ILCS 179/10)
Sec. 10. Prohibited Activities.
(a) Beginning July 1, 2010, no person or State or local
government agency may do any of the following:
(1) Publicly post or publicly display in any manner an

individual's social security number.
(2) Print an individual's social security number on any
card required for the individual to access products or
services provided by the person or entity.
(3) Require an individual to transmit his or her social
security number over the Internet, unless the connection is
secure or the social security number is encrypted.
(4) Print an individual's social security number on any
materials that are mailed to the individual, through the
U.S. Postal Service, any private mail service, electronic
mail, or any similar method of delivery, unless State or
federal law requires the social security number to be on
the document to be mailed. Notwithstanding any provision in
this Section to the contrary, social security numbers may
be included in applications and forms sent by mail,
including, but not limited to, any material mailed in
connection with the administration of the Unemployment
Insurance Act, any material mailed in connection with any
tax administered by the Department of Revenue, and
documents sent as part of an application or enrollment
process or to establish, amend, or terminate an account,
contract, or policy or to confirm the accuracy of the
social security number. A social security number that may
permissibly be mailed under this Section may not be
printed, in whole or in part, on a postcard or other mailer
that does not require an envelope or be visible on an

envelope without the envelope having been opened.
(b) Except as otherwise provided in this Act, beginning
July 1, 2010, no person or State or local government agency may
do any of the following:
(1) Collect, use, or disclose a social security number
from an individual, unless (i) required to do so under
State or federal law, rules, or regulations, or the
collection, use, or disclosure of the social security
number is otherwise necessary for the performance of that
agency's duties and responsibilities; (ii) the need and
purpose for the social security number is documented before
collection of the social security number; and (iii) the
social security number collected is relevant to the
documented need and purpose.
(2) Require an individual to use his or her social
security number to access an Internet website.
(3) Use the social security number for any purpose
other than the purpose for which it was collected.
(c) The prohibitions in subsection (b) do not apply in the
following circumstances:
(1) The disclosure of social security numbers to
agents, employees, contractors, or subcontractors of a
governmental entity or disclosure by a governmental entity
to another governmental entity or its agents, employees,
contractors, or subcontractors if disclosure is necessary
in order for the entity to perform its duties and

responsibilities; and, if disclosing to a contractor or
subcontractor, prior to such disclosure, the governmental
entity must first receive from the contractor or
subcontractor a copy of the contractor's or
subcontractor's policy that sets forth how the
requirements imposed under this Act on a governmental
entity to protect an individual's social security number
will be achieved.
(2) The disclosure of social security numbers pursuant
to a court order, warrant, or subpoena.
(3) The collection, use, or disclosure of social
security numbers in order to ensure the safety of: State
and local government employees; persons committed to
correctional facilities, local jails, and other
law-enforcement facilities or retention centers; wards of
the State; and all persons working in or visiting a State
or local government agency facility.
(4) The collection, use, or disclosure of social
security numbers for internal verification or
administrative purposes.
(5) The disclosure of social security numbers by a
State agency to any entity for the collection of delinquent
child support or of any State debt or to a governmental
agency to assist with an investigation or the prevention of
fraud.
(6) The collection or use of social security numbers to

investigate or prevent fraud, to conduct background
checks, to collect a debt, to obtain a credit report from a
consumer reporting agency under the federal Fair Credit
Reporting Act, to undertake any permissible purpose that is
enumerated under the federal Gramm-Leach-Bliley Gramm
Leach Bliley Act, or to locate a missing person, a lost
relative, or a person who is due a benefit, such as a
pension benefit or an unclaimed property benefit.
(d) If any State or local government agency has adopted
standards for the collection, use, or disclosure of social
security numbers that are stricter than the standards under
this Act with respect to the protection of those social
security numbers, then, in the event of any conflict with the
provisions of this Act, the stricter standards adopted by the
State or local government agency shall control.
(Source: P.A. 96-874, eff. 6-1-10; revised 10-4-10.)
Section 30. The State Commemorative Dates Act is amended by
setting forth and renumbering multiple versions of Section 155
as follows:
(5 ILCS 490/155)
Sec. 155. Day of Remembrance of the Victims of Slavery and
the Transatlantic Slave Trade. March 25 of each year is
designated as the Day of Remembrance of the Victims of Slavery
and the Transatlantic Slave Trade, a day for the people of the

State to commemorate and reflect upon the contributions of
African American slaves to Illinois and to the United States,
in concert with the United Nations' International Day of
Remembrance of the Victims of Slavery and the Transatlantic
Slave Trade.
(Source: P.A. 96-930, eff. 6-18-10.)
(5 ILCS 490/160)
Sec. 160 155. Emancipation Proclamation Week. The first
full week of January of each year is designated as Emancipation
Proclamation Week, to be observed throughout the State as a
week for holding appropriate educational and celebratory
events and observances in the public schools and elsewhere to
honor and remember the work of Abraham Lincoln and others in
emancipating Americans from slavery and in leading to the end
of slavery in America.
(Source: P.A. 96-1238, eff. 1-1-11; revised 9-7-10.)
Section 35. The War on Terrorism Veterans Act is amended by
changing Section 5 as follows:
(5 ILCS 635/5)
Sec. 5. War on Terrorism Veterans Memorial. A memorial
honoring persons who earned (i) the Southwest Asia Service
Medal, (ii) the Afghanistan Campaign Medal for service in
Operation Enduring Freedom, (iii) the Iraq Iraqi Campaign Medal

for service in Operation Iraqi Freedom, or (iv) the Global War
on Terrorism Expeditionary Medal for service in either
Operation Enduring Freedom or Operation Iraqi Freedom may be
constructed by a private entity on a portion of the State
property in Oak Ridge Cemetery in Springfield, Illinois.
(Source: P.A. 95-797, eff. 8-11-08; revised 9-16-10.)
Section 40. The Election Code is amended by changing
Sections 7-52 and 8-17.1 as follows:
(10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
Sec. 7-52. Immediately upon closing the polls, the primary
judges shall proceed to canvass the votes in the manner
following:
(1) They shall separate and count the ballots of each
political party.
(2) They shall then proceed to ascertain the number of
names entered on the applications for ballot under each party
affiliation.
(3) If the primary ballots of any political party exceed
the number of applications for ballot by voters of such
political party, the primary ballots of such political party
shall be folded and replaced in the ballot box, the box closed,
well shaken and again opened and one of the primary judges, who
shall be blindfolded, shall draw out so many of the primary
ballots of such political party as shall be equal to such

excess. Such excess ballots shall be marked "Excess-Not
Counted" and signed by a majority of the judges and shall be
placed in the "After 6:00 p.m. Defective Ballots Envelope". The
number of excess ballots shall be noted in the remarks section
of the Certificate of Results. "Excess" ballots shall not be
counted in the total of "defective" ballots. ;
(4) The primary judges shall then proceed to count the
primary ballots of each political party separately; and as the
primary judges shall open and read the primary ballots, 3 of
the judges shall carefully and correctly mark upon separate
tally sheets the votes which each candidate of the party whose
name is written or printed on the primary ballot has received,
in a separate column for that purpose, with the name of such
candidate, the name of his political party and the name of the
office for which he is a candidate for nomination at the head
of such column. The same column, however, shall be used for
both names of the same team of candidates for Governor and
Lieutenant Governor.
Where voting machines or electronic voting systems are
used, the provisions of this section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
(Source: P.A. 96-1018, eff. 1-1-11; revised 9-16-10.)
(10 ILCS 5/8-17.1) (from Ch. 46, par. 8-17.1)
Sec. 8-17.1. Whenever a vacancy in the office of State

Senator is to be filled by election pursuant to Article IV,
Section 2(d) of the Constitution and Section 25-6 of this Code,
nominations shall be made and any vacancy in nomination shall
be filled pursuant to this Section:
(1) If the vacancy in office occurs before the first
date provided in Section 8-9 for filing nomination papers
for the primary in the next even-numbered year following
the commencement of the term, the nominations for the
election for filling such vacancy shall be made as
otherwise provided in Article 8.
(2) If the vacancy in office occurs during the time
provided in Section 8-9 for filing nomination papers for
the office of State Senator for the primary in the next
even-numbered year following commencement of the term of
office in which such vacancy occurs, the time for filing
nomination papers for such office for the primary shall be
not more than 105 days and not less than 99 days prior to
the date of the primary election.
(3) If the vacancy in office occurs after the last day
provided in Section 8-9 for filing nomination papers for
the office of State Senator, a vacancy in nomination shall
be deemed to have occurred and the legislative committee of
each established political party shall nominate, by
resolution, a candidate to fill such vacancy in nomination
for the election to such office at such general election.
In the proceedings to fill the vacancy in nomination the

voting strength of the members of the legislative committee
shall be as provided in Section 8-6. The name of the
candidate so nominated shall not appear on the ballot at
the general primary election. Such vacancy in nomination
shall be filled prior to the date of certification of
candidates for the general election.
(4) The resolution to fill the vacancy shall be duly
acknowledged before an officer qualified to take
acknowledgments of deeds and shall include, upon its face,
the following information: ;
(a) the names of the original nominee and the
office vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to
fill the vacancy and the date of selection.
The resolution to fill the vacancy shall be accompanied
by a Statement of Candidacy, as prescribed in Section 7-10,
completed by the selected nominee and a receipt indicating
that such nominee has filed a statement of economic
interests as required by the Illinois Governmental Ethics
Act.
The provisions of Sections 10-8 through 10-10.1 relating to
objections to nomination papers, hearings on objections and
judicial review, shall also apply to and govern objections to
nomination papers and resolutions for filling vacancies in
nomination filed pursuant to this Section.

Unless otherwise specified herein, the nomination and
election provided for in this Section shall be governed by this
Code.
(Source: P.A. 96-1008, eff. 7-6-10; revised 9-16-10.)
Section 45. The Illinois Identification Card Act is amended
by changing Section 12 as follows:
(15 ILCS 335/12) (from Ch. 124, par. 32)
Sec. 12. Fees concerning Standard Illinois Identification
Cards. The fees required under this Act for standard Illinois
Identification Cards must accompany any application provided
for in this Act, and the Secretary shall collect such fees as
follows:
a. Original card issued on or before
December 31, 2004........................... $4
Original card issued on or after
January 1, 2005............................. $20
b. Renewal card issued on or before
December 31, 2004........................... 4
Renewal card issued on or after
January 1, 2005............................. 20
c. Corrected card issued on or before
December 31, 2004........................... 2
Corrected card issued on or after
January 1, 2005............................. 10

d. Duplicate card issued on or before
December 31, 2004........................... 4
Duplicate card issued on or after
January 1, 2005............................. 20
e. Certified copy with seal ................... 5
f. Search ..................................... 2
g. Applicant 65 years of age or over .......... No Fee
h. Disabled applicant ......................... No Fee
i. Individual living in Veterans
Home or Hospital ........................... No Fee
j. Original card issued on or after July 1, 2007
under 18 years of age....................... $10
k. Renewal card issued on or after July 1, 2007
under 18 years of age....................... $10
l. Corrected card issued on or after July 1, 2007
under 18 years of age....................... $5
m. Duplicate card issued on or after July 1, 2007
under 18 years of age....................... $10
n. Homeless person.............................. No Fee
n. (Blank).
o. Duplicate card issued to an active-duty
member of the United States Armed Forces, the
member's spouse, or dependent children
living with the member...................... No Fee
All fees collected under this Act shall be paid into the
Road Fund of the State treasury, except that the following

amounts shall be paid into the General Revenue Fund: (i) 80% of
the fee for an original, renewal, or duplicate Illinois
Identification Card issued on or after January 1, 2005; and
(ii) 80% of the fee for a corrected Illinois Identification
Card issued on or after January 1, 2005.
Any disabled person making an application for a standard
Illinois Identification Card for no fee must, along with the
application, submit an affirmation by the applicant on a form
to be provided by the Secretary of State, attesting that such
person is a disabled person as defined in Section 4A of this
Act.
An individual, who resides in a veterans home or veterans
hospital operated by the state or federal government, who makes
an application for an Illinois Identification Card to be issued
at no fee, must submit, along with the application, an
affirmation by the applicant on a form provided by the
Secretary of State, that such person resides in a veterans home
or veterans hospital operated by the state or federal
government.
The application of a homeless individual for an Illinois
Identification Card to be issued at no fee must be accompanied
by an affirmation by a qualified person, as defined in Section
4C of this Act, on a form provided by the Secretary of State,
that the applicant is currently homeless as defined in Section
1A of this Act.
The fee for any duplicate identification card shall be

waived for any person who presents the Secretary of State's
Office with a police report showing that his or her
identification card was stolen.
The fee for any duplicate identification card shall be
waived for any person age 60 or older whose identification card
has been lost or stolen.
As used in this Section, "active-duty member of the United
States Armed Forces" means a member of the Armed Services or
Reserve Forces of the United States or a member of the Illinois
National Guard who is called to active duty pursuant to an
executive order of the President of the United States, an act
of the Congress of the United States, or an order of the
Governor.
(Source: P.A. 95-55, eff. 8-10-07; 96-183, eff. 7-1-10;
96-1231, eff. 7-23-10; revised 9-7-10.)
Section 50. The State Comptroller Act is amended by
changing Sections 16.1 and 21 as follows:
(15 ILCS 405/16.1) (from Ch. 15, par. 216.1)
Sec. 16.1. All reports filed by local governmental units
with the Comptroller together with any accompanying comment or
explanation immediately becomes part of his public records and
shall be open to public inspection. The Comptroller shall make
the information contained in such reports available to State
agencies and units of local government governments upon

request.
(Source: P.A. 83-395; revised 6-23-10.)
(15 ILCS 405/21) (from Ch. 15, par. 221)
Sec. 21. Rules and Regulations - Imprest accounts. The
Comptroller shall promulgate rules and regulations to
implement the exercise of his powers and performance of his
duties under this Act and to guide and assist State agencies in
complying with this Act. Any rule or regulation specifically
requiring the approval of the State Treasurer under this Act
for adoption by the Comptroller shall require the approval of
the State Treasurer for modification or repeal.
The Comptroller may provide in his rules and regulations
for periodic transfers, with the approval of the State
Treasurer, for use in accordance with the imprest system,
subject to the rules and regulations of the Comptroller as
respects vouchers, controls and reports, as follows:
(a) To the University of Illinois, Southern Illinois
University, Chicago State University, Eastern Illinois
University, Governors State University, Illinois State
University, Northeastern Illinois University, Northern
Illinois University, Western Illinois University, and
State Community College of East St. Louis under the
jurisdiction of the Illinois Community College Board
(abolished under Section 2-12.1 of the Public Community
College Act), not to exceed $200,000 for each campus.

(b) To the Department of Agriculture and the Department
of Commerce and Economic Opportunity for the operation of
overseas offices, not to exceed $200,000 for each
Department for each overseas office.
(c) To the Department of Agriculture for the purpose of
making change for activities at each State Fair, not to
exceed $200,000, to be returned within 5 days of the
termination of such activity.
(d) To the Department of Agriculture to pay (i) State
Fair premiums and awards and State Fair entertainment
contracts at each State Fair, and (ii) ticket refunds for
cancelled events. The amount transferred from any fund
shall not exceed the appropriation for each specific
purpose. This authorization shall terminate each year
within 60 days of the close of each State Fair. The
Department shall be responsible for withholding State
income tax, where necessary, as required by Section 709 of
the Illinois Income Tax Act.
(e) To the State Treasurer to pay for securities'
safekeeping charges assessed by the Board of Governors of
the Federal Reserve System as a consequence of the
Treasurer's use of the government securities' book-entry
system. This account shall not exceed $25,000.
(f) To the Illinois Mathematics and Science Academy,
not to exceed $100,000.
(g) To the Department of Natural Resources to pay out

cash prizes associated with competitions held at the World
Shooting and Recreational Complex, to purchase awards
associated with competitions held at the World Shooting and
Recreational Complex, to pay State and national membership
dues associated with competitions held at the World
Shooting and Recreational Complex, and to pay State and
national membership target fees associated with
competitions held at the World Shooting and Recreational
Complex. The amount of funds advanced to the account
created by this subsection (g) must not exceed $250,000 in
any fiscal year.
(Source: P.A. 95-220, eff. 8-16-07; 96-785, eff. 8-28-09;
96-1118, eff. 7-20-10; revised 9-16-10.)
Section 55. The Illinois Act on the Aging is amended by
changing Section 4.02 as follows:
(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
Sec. 4.02. Community Care Program. The Department shall
establish a program of services to prevent unnecessary
institutionalization of persons age 60 and older in need of
long term care or who are established as persons who suffer
from Alzheimer's disease or a related disorder under the
Alzheimer's Disease Assistance Act, thereby enabling them to
remain in their own homes or in other living arrangements. Such
preventive services, which may be coordinated with other

programs for the aged and monitored by area agencies on aging
in cooperation with the Department, may include, but are not
limited to, any or all of the following:
(a) (blank);
(b) (blank);
(c) home care aide services;
(d) personal assistant services;
(e) adult day services;
(f) home-delivered meals;
(g) education in self-care;
(h) personal care services;
(i) adult day health services;
(j) habilitation services;
(k) respite care;
(k-5) community reintegration services;
(k-6) flexible senior services;
(k-7) medication management;
(k-8) emergency home response;
(l) other nonmedical social services that may enable
the person to become self-supporting; or
(m) clearinghouse for information provided by senior
citizen home owners who want to rent rooms to or share
living space with other senior citizens.
The Department shall establish eligibility standards for
such services. In determining the amount and nature of services
for which a person may qualify, consideration shall not be

given to the value of cash, property or other assets held in
the name of the person's spouse pursuant to a written agreement
dividing marital property into equal but separate shares or
pursuant to a transfer of the person's interest in a home to
his spouse, provided that the spouse's share of the marital
property is not made available to the person seeking such
services.
Beginning January 1, 2008, the Department shall require as
a condition of eligibility that all new financially eligible
applicants apply for and enroll in medical assistance under
Article V of the Illinois Public Aid Code in accordance with
rules promulgated by the Department.
The Department shall, in conjunction with the Department of
Public Aid (now Department of Healthcare and Family Services),
seek appropriate amendments under Sections 1915 and 1924 of the
Social Security Act. The purpose of the amendments shall be to
extend eligibility for home and community based services under
Sections 1915 and 1924 of the Social Security Act to persons
who transfer to or for the benefit of a spouse those amounts of
income and resources allowed under Section 1924 of the Social
Security Act. Subject to the approval of such amendments, the
Department shall extend the provisions of Section 5-4 of the
Illinois Public Aid Code to persons who, but for the provision
of home or community-based services, would require the level of
care provided in an institution, as is provided for in federal
law. Those persons no longer found to be eligible for receiving

noninstitutional services due to changes in the eligibility
criteria shall be given 45 days notice prior to actual
termination. Those persons receiving notice of termination may
contact the Department and request the determination be
appealed at any time during the 45 day notice period. The
target population identified for the purposes of this Section
are persons age 60 and older with an identified service need.
Priority shall be given to those who are at imminent risk of
institutionalization. The services shall be provided to
eligible persons age 60 and older to the extent that the cost
of the services together with the other personal maintenance
expenses of the persons are reasonably related to the standards
established for care in a group facility appropriate to the
person's condition. These non-institutional services, pilot
projects or experimental facilities may be provided as part of
or in addition to those authorized by federal law or those
funded and administered by the Department of Human Services.
The Departments of Human Services, Healthcare and Family
Services, Public Health, Veterans' Affairs, and Commerce and
Economic Opportunity and other appropriate agencies of State,
federal and local governments shall cooperate with the
Department on Aging in the establishment and development of the
non-institutional services. The Department shall require an
annual audit from all personal assistant and home care aide
vendors contracting with the Department under this Section. The
annual audit shall assure that each audited vendor's procedures

are in compliance with Department's financial reporting
guidelines requiring an administrative and employee wage and
benefits cost split as defined in administrative rules. The
audit is a public record under the Freedom of Information Act.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department of Healthcare
and Family Services, to effect the following: (1) intake
procedures and common eligibility criteria for those persons
who are receiving non-institutional services; and (2) the
establishment and development of non-institutional services in
areas of the State where they are not currently available or
are undeveloped. On and after July 1, 1996, all nursing home
prescreenings for individuals 60 years of age or older shall be
conducted by the Department.
As part of the Department on Aging's routine training of
case managers and case manager supervisors, the Department may
include information on family futures planning for persons who
are age 60 or older and who are caregivers of their adult
children with developmental disabilities. The content of the
training shall be at the Department's discretion.
The Department is authorized to establish a system of
recipient copayment for services provided under this Section,
such copayment to be based upon the recipient's ability to pay
but in no case to exceed the actual cost of the services
provided. Additionally, any portion of a person's income which

is equal to or less than the federal poverty standard shall not
be considered by the Department in determining the copayment.
The level of such copayment shall be adjusted whenever
necessary to reflect any change in the officially designated
federal poverty standard.
The Department, or the Department's authorized
representative, may recover the amount of moneys expended for
services provided to or in behalf of a person under this
Section by a claim against the person's estate or against the
estate of the person's surviving spouse, but no recovery may be
had until after the death of the surviving spouse, if any, and
then only at such time when there is no surviving child who is
under age 21, blind, or permanently and totally disabled. This
paragraph, however, shall not bar recovery, at the death of the
person, of moneys for services provided to the person or in
behalf of the person under this Section to which the person was
not entitled; provided that such recovery shall not be enforced
against any real estate while it is occupied as a homestead by
the surviving spouse or other dependent, if no claims by other
creditors have been filed against the estate, or, if such
claims have been filed, they remain dormant for failure of
prosecution or failure of the claimant to compel administration
of the estate for the purpose of payment. This paragraph shall
not bar recovery from the estate of a spouse, under Sections
1915 and 1924 of the Social Security Act and Section 5-4 of the
Illinois Public Aid Code, who precedes a person receiving

services under this Section in death. All moneys for services
paid to or in behalf of the person under this Section shall be
claimed for recovery from the deceased spouse's estate.
"Homestead", as used in this paragraph, means the dwelling
house and contiguous real estate occupied by a surviving spouse
or relative, as defined by the rules and regulations of the
Department of Healthcare and Family Services, regardless of the
value of the property.
The Department shall increase the effectiveness of the
existing Community Care Program by:
(1) ensuring that in-home services included in the care
plan are available on evenings and weekends;
(2) ensuring that care plans contain the services that
eligible participants need based on the number of days in a
month, not limited to specific blocks of time, as
identified by the comprehensive assessment tool selected
by the Department for use statewide, not to exceed the
total monthly service cost maximum allowed for each
service; the Department shall develop administrative rules
to implement this item (2);
(3) ensuring that the participants have the right to
choose the services contained in their care plan and to
direct how those services are provided, based on
administrative rules established by the Department;
(4) ensuring that the determination of need tool is
accurate in determining the participants' level of need; to

achieve this, the Department, in conjunction with the Older
Adult Services Advisory Committee, shall institute a study
of the relationship between the Determination of Need
scores, level of need, service cost maximums, and the
development and utilization of service plans no later than
May 1, 2008; findings and recommendations shall be
presented to the Governor and the General Assembly no later
than January 1, 2009; recommendations shall include all
needed changes to the service cost maximums schedule and
additional covered services;
(5) ensuring that homemakers can provide personal care
services that may or may not involve contact with clients,
including but not limited to:
(A) bathing;
(B) grooming;
(C) toileting;
(D) nail care;
(E) transferring;
(F) respiratory services;
(G) exercise; or
(H) positioning;
(6) ensuring that homemaker program vendors are not
restricted from hiring homemakers who are family members of
clients or recommended by clients; the Department may not,
by rule or policy, require homemakers who are family
members of clients or recommended by clients to accept

assignments in homes other than the client;
(7) ensuring that the State may access maximum federal
matching funds by seeking approval for the Centers for
Medicare and Medicaid Services for modifications to the
State's home and community based services waiver and
additional waiver opportunities in order to maximize
federal matching funds; this shall include, but not be
limited to, modification that reflects all changes in the
Community Care Program services and all increases in the
services cost maximum; and
(8) ensuring that the determination of need tool
accurately reflects the service needs of individuals with
Alzheimer's disease and related dementia disorders.
By January 1, 2009 or as soon after the end of the Cash and
Counseling Demonstration Project as is practicable, the
Department may, based on its evaluation of the demonstration
project, promulgate rules concerning personal assistant
services, to include, but need not be limited to,
qualifications, employment screening, rights under fair labor
standards, training, fiduciary agent, and supervision
requirements. All applicants shall be subject to the provisions
of the Health Care Worker Background Check Act.
The Department shall develop procedures to enhance
availability of services on evenings, weekends, and on an
emergency basis to meet the respite needs of caregivers.
Procedures shall be developed to permit the utilization of

services in successive blocks of 24 hours up to the monthly
maximum established by the Department. Workers providing these
services shall be appropriately trained.
Beginning on the effective date of this Amendatory Act of
1991, no person may perform chore/housekeeping and home care
aide services under a program authorized by this Section unless
that person has been issued a certificate of pre-service to do
so by his or her employing agency. Information gathered to
effect such certification shall include (i) the person's name,
(ii) the date the person was hired by his or her current
employer, and (iii) the training, including dates and levels.
Persons engaged in the program authorized by this Section
before the effective date of this amendatory Act of 1991 shall
be issued a certificate of all pre- and in-service training
from his or her employer upon submitting the necessary
information. The employing agency shall be required to retain
records of all staff pre- and in-service training, and shall
provide such records to the Department upon request and upon
termination of the employer's contract with the Department. In
addition, the employing agency is responsible for the issuance
of certifications of in-service training completed to their
employees.
The Department is required to develop a system to ensure
that persons working as home care aides and personal assistants
receive increases in their wages when the federal minimum wage
is increased by requiring vendors to certify that they are

meeting the federal minimum wage statute for home care aides
and personal assistants. An employer that cannot ensure that
the minimum wage increase is being given to home care aides and
personal assistants shall be denied any increase in
reimbursement costs.
The Community Care Program Advisory Committee is created in
the Department on Aging. The Director shall appoint individuals
to serve in the Committee, who shall serve at their own
expense. Members of the Committee must abide by all applicable
ethics laws. The Committee shall advise the Department on
issues related to the Department's program of services to
prevent unnecessary institutionalization. The Committee shall
meet on a bi-monthly basis and shall serve to identify and
advise the Department on present and potential issues affecting
the service delivery network, the program's clients, and the
Department and to recommend solution strategies. Persons
appointed to the Committee shall be appointed on, but not
limited to, their own and their agency's experience with the
program, geographic representation, and willingness to serve.
The Director shall appoint members to the Committee to
represent provider, advocacy, policy research, and other
constituencies committed to the delivery of high quality home
and community-based services to older adults. Representatives
shall be appointed to ensure representation from community care
providers including, but not limited to, adult day service
providers, homemaker providers, case coordination and case

management units, emergency home response providers, statewide
trade or labor unions that represent home care aides and direct
care staff, area agencies on aging, adults over age 60,
membership organizations representing older adults, and other
organizational entities, providers of care, or individuals
with demonstrated interest and expertise in the field of home
and community care as determined by the Director.
Nominations may be presented from any agency or State
association with interest in the program. The Director, or his
or her designee, shall serve as the permanent co-chair of the
advisory committee. One other co-chair shall be nominated and
approved by the members of the committee on an annual basis.
Committee members' terms of appointment shall be for 4 years
with one-quarter of the appointees' terms expiring each year. A
member shall continue to serve until his or her replacement is
named. The Department shall fill vacancies that have a
remaining term of over one year, and this replacement shall
occur through the annual replacement of expiring terms. The
Director shall designate Department staff to provide technical
assistance and staff support to the committee. Department
representation shall not constitute membership of the
committee. All Committee papers, issues, recommendations,
reports, and meeting memoranda are advisory only. The Director,
or his or her designee, shall make a written report, as
requested by the Committee, regarding issues before the
Committee.

The Department on Aging and the Department of Human
Services shall cooperate in the development and submission of
an annual report on programs and services provided under this
Section. Such joint report shall be filed with the Governor and
the General Assembly on or before September 30 each year.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library
Act.
Those persons previously found eligible for receiving
non-institutional services whose services were discontinued
under the Emergency Budget Act of Fiscal Year 1992, and who do
not meet the eligibility standards in effect on or after July
1, 1992, shall remain ineligible on and after July 1, 1992.
Those persons previously not required to cost-share and who
were required to cost-share effective March 1, 1992, shall
continue to meet cost-share requirements on and after July 1,
1992. Beginning July 1, 1992, all clients will be required to
meet eligibility, cost-share, and other requirements and will
have services discontinued or altered when they fail to meet

these requirements.
For the purposes of this Section, "flexible senior
services" refers to services that require one-time or periodic
expenditures including, but not limited to, respite care, home
modification, assistive technology, housing assistance, and
transportation.
(Source: P.A. 95-298, eff. 8-20-07; 95-473, eff. 8-27-07;
95-565, eff. 6-1-08; 95-876, eff. 8-21-08; 96-918, eff. 6-9-10;
96-1129, eff. 7-20-10; revised 9-2-10.)
Section 60. The Department of Human Services Act is amended
by setting forth and renumbering multiple versions of Section
10-65 as follows:
(20 ILCS 1305/10-65)
Sec. 10-65. Hunger Relief Fund; grants.
(a) The Hunger Relief Fund is created as a special fund in
the State treasury. From appropriations to the Department from
the Fund, the Department shall make grants to food banks for
the purpose of purchasing food and related supplies. In this
Section, "food bank" means a public or charitable institution
that maintains an established operation involving the
provision of food or edible commodities, or the products of
food or edible commodities, to food pantries, soup kitchens,
hunger relief centers, or other food or feeding centers that,
as an integral part of their normal activities, provide meals

or food to feed needy persons on a regular basis.
(b) Moneys received for the purposes of this Section,
including, without limitation, appropriations, gifts,
donations, grants, and awards from any public or private entity
must be deposited into the Fund. Any interest earned on moneys
in the Fund must be deposited into the Fund.
(Source: P.A. 96-604, eff. 8-24-09.)
(20 ILCS 1305/10-70)
Sec. 10-70 10-65. Gateways to Opportunity.
(a) Subject to the availability of funds, the Department of
Human Services shall operate a Gateways to Opportunity program,
a comprehensive professional development system. The goal of
Gateways to Opportunity is to support a diverse, stable, and
quality workforce for settings serving children and youth,
specifically to:
(1) enhance the quality of services;
(2) increase positive outcomes for children and youth;
and
(3) advance the availability of coursework and
training related to quality services for children and
youth.
(b) The Department shall award Gateways to Opportunity
credentials to early care and education, school-age, and youth
development practitioners. The credentials shall validate an
individual's qualifications and shall be issued based on a

variety of professional achievements in field experience,
knowledge and skills, educational attainment, and training
accomplishments. The Department shall adopt rules outlining
the framework for awarding credentials.
(c) The Gateways to Opportunity program shall identify
professional knowledge guidelines for practitioners serving
children and youth. The professional knowledge guidelines
shall define what all adults who work with children and youth
need to know, understand, and be able to demonstrate to support
children's and youth's development, school readiness, and
school success. The Department shall adopt rules to identify
content areas, alignment with other professional standards,
and competency levels.
(Source: P.A. 96-864, eff. 1-21-10; revised 1-25-10.)
Section 65. The Department of Insurance Law of the Civil
Administrative Code of Illinois is amended by changing Section
1405-35 as follows:
(20 ILCS 1405/1405-35)
Sec. 1405-35. The Department of Insurance.
(a) Executive Order No. 2004-6 is hereby superseded by this
amendatory Act of the 96th General Assembly to the extent that
Executive Order No. 2004-6 transfers the powers, duties,
rights, and responsibilities of the Department of Insurance to
the Division of Insurance within the Department of Financial

and Professional Regulation.
(b) The Division of Insurance within the Department of
Financial and Professional Regulation is hereby abolished and
the Department of Insurance is created as an independent
department. On July 1, 2009, all powers, duties, rights, and
responsibilities of the Division of Insurance within the
Department of Financial and Professional Regulation shall be
transferred to the Department of Insurance.
(c) The personnel of the Division of Insurance within the
Department of Financial and Professional Regulation shall be
transferred to the Department of Insurance. The status and
rights of such employees under the Personnel Code shall not be
affected by the transfer. The rights of the employees and the
State of Illinois and its agencies under the Personnel Code and
applicable collective bargaining agreements or under any
pension, retirement, or annuity plan shall not be affected by
this amendatory Act. To the extent that an employee performs
duties for the Division of Insurance within the Department of
Financial and Professional Regulation and the Department of
Financial and Professional Regulation itself or any other
division or agency within the Department of Financial and
Professional Regulation, that employee shall be transferred at
the Governor's discretion.
(d) All books, records, papers, documents, property (real
and personal), contracts, causes of action, and pending
business pertaining to the powers, duties, rights, and

responsibilities transferred by this amendatory Act from the
Division of Insurance within the Department of Financial and
Professional Regulation to the Department of Insurance,
including, but not limited to, material in electronic or
magnetic format and necessary computer hardware and software,
shall be transferred to the Department of Insurance.
(e) All unexpended appropriations and balances and other
funds available for use by the Division of Insurance within the
Department of Financial and Professional Regulation shall be
transferred for use by the Department of Insurance pursuant to
the direction of the Governor. Unexpended balances so
transferred shall be expended only for the purpose for which
the appropriations were originally made.
(f) The powers, duties, rights, and responsibilities
transferred from the Division of Insurance within the
Department of Financial and Professional Regulation by this
amendatory Act shall be vested in and shall be exercised by the
Department of Insurance.
(g) Whenever reports or notices are now required to be made
or given or papers or documents furnished or served by any
person to or upon the Division of Insurance within the
Department of Financial and Professional Regulation in
connection with any of the powers, duties, rights, and
responsibilities transferred by this amendatory Act, the same
shall be made, given, furnished, or served in the same manner
to or upon the Department of Insurance.

(h) This amendatory Act does not affect any act done,
ratified, or canceled or any right occurring or established or
any action or proceeding had or commenced in an administrative,
civil, or criminal cause by the Division of Insurance within
the Department of Financial and Professional Regulation before
this amendatory Act takes effect; such actions or proceedings
may be prosecuted and continued by the Department of Insurance.
(i) Any rules of the Division of Insurance within the
Department of Financial and Professional Regulation, including
any rules of its predecessor Department of Insurance, that
relate to its powers, duties, rights, and responsibilities and
are in full force on the effective date of this amendatory Act
shall become the rules of the recreated Department of
Insurance. This amendatory Act does not affect the legality of
any such rules in the Illinois Administrative Code.
Any proposed rules filed with the Secretary of State by the
Division of Insurance within the Department of Financial and
Professional Regulation that are pending in the rulemaking
process on the effective date of this amendatory Act and
pertain to the powers, duties, rights, and responsibilities
transferred, shall be deemed to have been filed by the
Department of Insurance. As soon as practicable hereafter, the
Department of Insurance shall revise and clarify the rules
transferred to it under this amendatory Act to reflect the
reorganization of powers, duties, rights, and responsibilities
affected by this amendatory Act, using the procedures for

recodification of rules available under the Illinois
Administrative Procedure Procedures Act, except that existing
title, part, and section numbering for the affected rules may
be retained. The Department of Insurance may propose and adopt
under the Illinois Administrative Procedure Procedures Act
such other rules of the Division of Insurance within the
Department of Financial and Professional Regulation that will
now be administered by the Department of Insurance.
To the extent that, prior to July 1, 2009, the Director of
the Division of Insurance within the Department of Financial
and Professional Regulation had been empowered to prescribe
rules or had other rulemaking authority jointly with the
Secretary of the Department of Financial and Professional
Regulation with regard to the powers, duties, rights, and
responsibilities of the Division of Insurance within the
Department of Financial and Professional Regulation, such
duties shall be exercised from and after July 1, 2009 solely by
the Director of the Department of Insurance.
(Source: P.A. 96-811, eff. 10-30-09; revised 9-16-10.)
Section 70. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
18.4 as follows:
(20 ILCS 1705/18.4)
(Text of Section before amendment by P.A. 96-868)

Sec. 18.4. Community Mental Health Medicaid Trust Fund;
reimbursement.
(a) The Community Mental Health Medicaid Trust Fund is
hereby created in the State Treasury.
(b) Amounts paid to the State during each State fiscal year
by the federal government under Title XIX or Title XXI of the
Social Security Act for services delivered by community mental
health providers, and any interest earned thereon, shall be
deposited as follows:
(1) The first $75,000,000 shall be deposited directly
into the Community Mental Health Medicaid Trust Fund to be
used for the purchase of community mental health services;
(2) The next $4,500,000 shall be deposited directly
into the Community Mental Health Medicaid Trust Fund to be
used by the Department of Human Services' Division of
Mental Health for the oversight and administration of
community mental health services and up to $1,000,000 of
this amount may be used for support of community mental
health service initiatives;
(3) The next $3,500,000 shall be deposited directly
into the General Revenue Fund;
(4) Any additional amounts shall be deposited into the
Community Mental Health Medicaid Trust Fund to be used for
the purchase of community mental health services.
(b-5) Whenever a State mental health facility operated by
the Department is closed and the real estate on which the

facility is located is sold by the State, the net proceeds of
the sale of the real estate shall be deposited into the
Community Mental Health Medicaid Trust Fund.
(c) The Department shall reimburse community mental health
providers for services provided to eligible individuals.
Moneys in the Community Mental Health Medicaid Trust Fund may
be used for that purpose.
(d) As used in this Section:
"Community mental health provider" means a community
agency that is funded by the Department to provide a service.
"Service" means a mental health service provided pursuant
to the provisions of administrative rules adopted by the
Department and funded by or claimed through the Department of
Human Services' Division of Mental Health.
(Source: P.A. 95-707, eff. 1-11-08; 96-660, eff. 8-25-09;
96-820, eff. 11-18-09.)
(Text of Section after amendment by P.A. 96-868)
Sec. 18.4. Community Mental Health Medicaid Trust Fund;
reimbursement.
(a) The Community Mental Health Medicaid Trust Fund is
hereby created in the State Treasury.
(b) Amounts paid to the State during each State fiscal year
by the federal government under Title XIX or Title XXI of the
Social Security Act for services delivered by community mental
health providers, and any interest earned thereon, shall be

deposited 100% into the Community Mental Health Medicaid Trust
Fund. Not more than $4,500,000 of the Community Mental Health
Medicaid Trust Fund may be used by the Department of Human
Services' Division of Mental Health for oversight and
administration of community mental health services, and of that
amount no more than $1,000,000 may be used for the support of
community mental health service initiatives. The remainder
shall be used for the purchase of community mental health
services.
(b-5) Whenever a State mental health facility operated by
the Department is closed and the real estate on which the
facility is located is sold by the State, the net proceeds of
the sale of the real estate shall be deposited into the
Community Mental Health Medicaid Trust Fund.
(c) The Department shall reimburse community mental health
providers for services provided to eligible individuals.
Moneys in the Trust Fund may be used for that purpose.
(c-5) The Community Mental Health Medicaid Trust Fund is
not subject to administrative charge-backs.
(c-10) The Department of Human Services shall annually
report to the Governor and the General Assembly, by September
1, on both the total revenue deposited into the Trust Fund and
the total expenditures made from the Trust Fund for the
previous fiscal year. This report shall include detailed
descriptions of both revenues and expenditures regarding the
Trust Fund from the previous fiscal year. This report shall be

presented by the Secretary of Human Services to the appropriate
Appropriations Committee in the House of Representatives, as
determined by the Speaker of the House, and in the Senate, as
determined by the President of the Senate. This report shall be
made available to the public and shall be published on the
Department of Human Services' website in an appropriate
location, a minimum of one week prior to presentation of the
report to the General Assembly.
(d) As used in this Section:
"Trust Fund" means the Community Mental Health Medicaid
Trust Fund.
"Community mental health provider" means a community
agency that is funded by the Department to provide a service.
"Service" means a mental health service provided pursuant
to the provisions of administrative rules adopted by the
Department and funded by or claimed through the Department of
Human Services' Division of Mental Health.
(Source: P.A. 95-707, eff. 1-11-08; 96-660, eff. 8-25-09;
96-820, eff. 11-18-09; 96-868, eff. 7-1-12; revised 1-25-10.)
Section 75. The Division of Banking Act is amended by
changing the title of the Act as follows:
(20 ILCS 3205/Act title)
An Act concerning State government to provide for the
administration of the Office of Banks and Real Estate.

Section 80. The Illinois Bank Examiners' Education
Foundation Act is amended by changing Sections 3.01, 4, and 5
as follows:
(20 ILCS 3210/3.01)
Sec. 3.01. "Board" means the State Banking Board of
Illinois as established under the provisions of the Illinois
Banking Act.
(Source: P.A. 96-1163, eff. 1-1-11; 96-1365, eff. 7-28-10;
revised 9-16-10.)
(20 ILCS 3210/4) (from Ch. 17, par. 404)
Sec. 4. The Foundation shall establish an endowment fund
with the monies in the Illinois Bank Examiners' Education Fund.
The income from such Fund shall be used to pay for continuing
education and professional training activity for the
examination employees of the Division of Banking whose
responsibilities include the supervision and regulation of
commercial banks, foreign banking offices, trust companies,
and their information technology service providers and to pay
for reasonable expenses incurred by the Board in the course of
administering its official duties under this Act. The
continuing education and professional training activity to be
funded by the Foundation shall be a supplement to the education
and training expenditures regularly being made from the Bank &

Trust Company Fund for such purposes.
(Source: P.A. 96-1163, eff. 1-1-11; 96-1365, eff. 7-28-10;
revised 9-16-10.)
(20 ILCS 3210/5)
Sec. 5. The Foundation shall be governed by the State
Banking Board of Illinois. For carrying out their official
duties under this Act, the Board members said
(Source: P.A. 96-1163, eff. 1-1-11; 96-1365, eff. 7-28-10;
revised 9-16-10.)
Section 85. The Illinois Finance Authority Act is amended
by changing Sections 805-20 and 820-5 and by setting forth and
renumbering multiple versions of Section 825-105 as follows:
(20 ILCS 3501/805-20)
Sec. 805-20. Powers and Duties; Industrial Project
Insurance Program. The Authority has the power:
(a) to insure and make advance commitments to insure all or
any part of the payments required on the bonds issued or a loan
made to finance any environmental facility under the Illinois
Environmental Facilities Financing Act or for any industrial
project upon such terms and conditions as the Authority may
prescribe in accordance with this Article. The insurance
provided by the Authority shall be payable solely from the Fund
created by Section 805-15 and shall not constitute a debt or

pledge of the full faith and credit of the State, the
Authority, or any political subdivision thereof;
(b) to enter into insurance contracts, letters of credit or
any other agreements or contracts with financial institutions
with respect to the Fund and any bonds or loans insured
thereunder. Any such agreement or contract may contain terms
and provisions necessary or desirable in connection with the
program, subject to the requirements established by this Act,
including without limitation terms and provisions relating to
loan documentation, review and approval procedures,
origination and servicing rights and responsibilities, default
conditions, procedures and obligations with respect to
insurance contracts made under this Act. The agreements or
contracts may be executed on an individual, group or master
contract basis with financial institutions;
(c) to charge reasonable fees to defray the cost of
obtaining letters of credit or other similar documents, other
than insurance contracts under paragraph (b). Any such fees
shall be payable by such person, in such amounts and at such
times as the Authority shall determine, and the amount of the
fees need not be uniform among the various bonds or loans
insured;
(d) to fix insurance premiums for the insurance of payments
under the provisions of this Article. Such premiums shall be
computed as determined by the Authority. Any premiums for the
insurance of loan payments under the provisions of this Act

shall be payable by such person, in such amounts and at such
times as the Authority shall determine, and the amount of the
premiums need not be uniform among the various bonds or loans
insured;
(e) to establish application fees and prescribe
application, notification, contract and insurance forms, rules
and regulations it deems necessary or appropriate;
(f) to make loans and to issue bonds secured by insurance
or other agreements authorized by paragraphs (a) and (b) of
this Section 805-20 and to issue bonds secured by loans that
are guaranteed by the federal government or agencies thereof;
(g) to issue a single bond issue, or a series of bond
issues, for a group of industrial projects, a group of
corporations, or a group of business entities or any
combination thereof insured by insurance or backed by any other
agreement authorized by paragraphs (a) and (b) of this Section
or secured by loans that are guaranteed by the federal
government or agencies thereof;
(h) to enter into trust agreements for the management of
the Fund created under Section 805-15 of this Act; and
(i) to exercise such other powers as are necessary or
incidental to the powers granted in this Section and to the
issuance of State Guarantees under Article 830 of this Act; and
.
(j) at the discretion of the Authority, to insure and make
advance commitments to insure, and issue State Guarantees for,

all or any part of the payments required on the bonds issued or
loans made to finance any agricultural facility, project,
farmer, producer, agribusiness, or program under Article 830 of
this Act upon such terms and conditions as the Authority may
prescribe in accordance with this Article. The insurance and
State Guarantees provided by the Authority may be payable from
the Fund created by Section 805-15 and is in addition to and
not in replacement of the Illinois Agricultural Loan Guarantee
Fund and the Illinois Farmer and Agribusiness Loan Guarantee
Fund created under Article 830 of this Act.
(Source: P.A. 96-897, eff. 5-24-10; revised 6-23-10.)
(20 ILCS 3501/820-5)
Sec. 820-5. Findings and Declaration of Policy. It is
hereby found and declared that there exists an urgent need to
upgrade and expand the capital facilities, infrastructure and
public purpose projects of units of local government and to
promote other public purposes to be carried out by units of
local government; that federal funding reductions combined
with shifting economic conditions have impeded efforts by units
of local government governments to provide the necessary
improvements to their capital facilities, infrastructure
systems and public purpose projects and to accomplish other
public purposes in recent years; that adequate and
well-maintained capital facilities, infrastructure systems and
public purpose projects throughout this State and the

performance of other public purposes by units of local
government throughout this State can offer significant
economic benefits and an improved quality of life for all
citizens of this State; that the exercise by the Authority of
the powers granted in this Article will promote economic
development by enhancing the capital stock of units of local
government governments and will facilitate the accomplishment
of other public purposes by units of local government; that
authorizing the Authority to borrow money in the public and
private capital markets in order to provide money to purchase
or otherwise acquire obligations of units of local government
will assist such units of local government in borrowing money
to finance and refinance the public purpose projects, capital
facilities and infrastructure of the units and to finance other
public purposes of such units of local government, in providing
access to adequate capital markets and facilities for borrowing
money by such units of local government, in encouraging
continued investor interest in the obligations of such units of
local government, in providing for the orderly marketing of the
obligations of such units of local government, and in achieving
lower overall borrowing cost and more favorable terms for such
borrowing; and that the provisions of this Article are hereby
declared to be in the public interest and for the public
benefit.
(Source: P.A. 93-205, eff. 1-1-04; revised 6-24-10.)

(20 ILCS 3501/825-105)
Sec. 825-105. Illiana Expressway financing. For the
purpose of financing the Illiana Expressway under the Public
Private Agreements for the Illiana Expressway Act, the
Authority is authorized to apply for an allocation of
tax-exempt bond financing authorization provided by Section
142(m) of the United States Internal Revenue Code, as well as
financing available under any other federal law or program.
(Source: P.A. 96-913, eff. 6-9-10.)
(20 ILCS 3501/825-107)
Sec. 825-107 825-105. Implementation of ARRA provisions
regarding recovery zone bonds.
(a) Findings.
Recovery zone bonds authorized by the American Recovery and
Reinvestment Act of 2009 are an important economic development
tool for the State. All counties in the State and
municipalities in the State with a population of 100,000 or
more have received an allocation of recovery zone bond
authorization. Under federal law, those allocations must be
used on or before December 31, 2010. The State strongly
encourages counties and municipalities to issue recovery zone
bonds to spur economic development in the State. Under federal
law, the allocations may be voluntarily waived to the State for
reallocation by the State to other jurisdictions and other

projects in the State. This Section sets forth the process by
which the Authority, on behalf of the State, will receive
otherwise unused allocations and ensure that this valuable
economic development incentive will be used to the fullest
extent feasible for the benefit of the citizens of the State of
Illinois.
(b) Definitions.
(i) "Affected local government" means either any
county in the State or a municipality within the State if
the municipality has a population of 100,000 or more.
(ii) "Allocation amount" means the $666,972,000 amount
of recovery zone economic development bonds and
$1,000,457,000 amount of recovery zone facility bonds
authorized under ARRA for the financing of qualifying
projects located within the State and the sub-allocation of
those amounts among each affected local government.
(iii) "ARRA" means, collectively, the American
Recovery and Reinvestment Act of 2009, including, without
limitation, Sections 1400U-1, 1400U-2, and 1400U-3 of the
Code; the guidance provided by the Internal Revenue Service
applicable to recovery zone bonds; and any legislation
subsequently adopted by the United States Congress to
extend or expand the economic development bond financing
incentives authorized by ARRA.
(iv) "ARRA implementing regulations" means the

regulations promulgated by the Authority as further
described in subdivision (d)(iv) of this Section to
implement the provisions of this Section.
(v) "Code" means the Internal Revenue Code of 1986, as
amended.
(vi) "Recovery zone" means any area designated
pursuant to Section 1400U-1 of the Code.
(vii) "Recovery zone bond" means any recovery zone
economic development bond or recovery zone facility bond
issued pursuant to Sections 1400U-2 and 1400U-3,
respectively, of the Code.
(viii) "Recovery zone bond allocation" means an
allocation of authority to issue recovery zone bonds
granted pursuant to Section 1400U-1 of the Code.
(ix) "Regional authority" means the Central Illinois
Economic Development Authority, Eastern Illinois Economic
Development Authority, Joliet Arsenal Development
Authority, Quad Cities Regional Economic Development
Authority, Riverdale Development Authority, Southeastern
Illinois Economic Development Authority, Southern Illinois
Development Authority, Southwestern Illinois Development
Authority, Tri-County River Valley Development Authority,
Upper Illinois River Valley Development Authority,
Illinois Urban Development Authority, Western Illinois
Economic Development Authority, or Will-Kankakee Regional
Development Authority.

(x) "Sub-allocation" means the portion of the
allocation amount allocated to each affected local
government.
(xi) "Waived recovery zone bond allocation" means the
amount of the recovery zone bond allocation voluntarily
waived by an affected local government.
(xii) "Waiver agreement" means an agreement between
the Authority and an affected local government providing
for the voluntary waiver, in whole or in part, of that
affected local government's sub-allocation to the
Authority. The waiver agreement may provide for the payment
of an affected local government's reasonable fees and costs
as determined by the Authority in connection with the
affected local government's voluntary waiver of its
sub-allocation.
(c) Additional findings.
It is found and declared that:
(i) it is in the public interest and for the benefit of
the State to maximize the use of economic development
incentives authorized by ARRA;
(ii) those incentives include the maximum use of the
allocation amount for the issuance of recovery zone bonds
to promote job creation and economic development in any
area that has been designated as a recovery zone by an
affected local government under the applicable provisions

of ARRA;
(iii) those incentives also include the issuance by the
Authority of recovery zone bonds for the purposes of
financing qualifying projects to be financed with proceeds
of recovery zone bonds; and
(iv) the provisions of this Section reflect the State's
determination in good faith and in its discretion of the
reasonable manner in which waived recovery zone bond
allocations should be reallocated by the Authority.
(d) Powers of Authority.
(i) In order to carry out the provisions of ARRA and
further the purposes of this Section, the Authority has:
(A) the power to receive from any affected local
government its sub-allocation that it voluntarily
waives to the Authority, in whole or in part, for
reallocation by the Authority to a regional authority
specifically designated by that affected local
government, and the Authority shall reallocate that
waived recovery zone bond allocation to the regional
authority specifically designated by that affected
local government; provided that (1) the affected local
government must take official action by resolution or
ordinance, as applicable, to waive the sub-allocation
to the Authority and specifically designate that its
waived recovery zone bond allocation should be

reallocated to a regional authority; (2) the regional
authority must use the sub-allocation to issue
recovery zone bonds on or before August 16, 2010 and,
if recovery zone bonds are not issued on or before
August 16, 2010, the sub-allocation shall be deemed
waived to the Authority for reallocation by the
Authority to qualifying projects; and (3) the proceeds
of the recovery zone bonds must be used for qualified
projects within the jurisdiction of the applicable
regional authority;
(B) at the Authority's sole discretion, the power
to reallocate any sub-allocation deemed waived to the
Authority pursuant to subsection (d)(i)(A)(2) back to
the regional authority that had the sub-allocation;
(C) the power to enter into waiver agreements with
affected local governments to provide for their
voluntary waivers, in whole or in part, of their
sub-allocations, to receive waived recovery zone bond
allocations from those affected local governments, and
to use those waived recovery zone bond allocations, in
whole or in part, to issue recovery zone bonds of the
Authority for qualifying projects or to reallocate
those waived recovery zone bond allocations, in whole
or in part, to a county or municipality to issue its
own recovery zone bonds for qualifying projects;
(D) the power to designate areas within the State

as recovery zones or all of the State as a recovery
zone; and
(E) the power to issue recovery zone bonds for any
project authorized to be financed with proceeds
thereof under the applicable provisions of ARRA.
(ii) In addition to the powers set forth in item (i),
the Authority shall be the sole recipient, on behalf of the
State, of any waived recovery zone bond allocations.
Recovery zone bond allocations can be waived to the
Authority only by voluntary waiver as provided in this
Section.
(iii) In addition to the powers set forth in items (i)
and (ii), the Authority has any powers otherwise enjoyed by
the Authority in connection with the issuance of its bonds
if those powers are not in conflict with any provisions
with respect to recovery zone bonds set forth in ARRA.
(iv) The Authority has the power to adopt regulations
providing for the implementation of any of the provisions
contained in this Section, including provisions regarding
waiver agreements and the reallocation of all or any
portion of the allocation amount and sub-allocations and
the issuance of recovery zone bonds; except that those
regulations shall not (1) apply to or affect any
designation of a recovery zone by a county or municipality,
(2) provide for any waiver or reallocation of an affected
local government's sub-allocation other than a voluntary

waiver as described in subsection (d), or (3) be
inconsistent with the provisions of subsection (d)(i).
Regulations adopted by the Authority for determining
reallocation of all or any portion of a waived recovery
zone bond allocation may include, but are not limited to,
(1) the ability of the county or municipality to issue
recovery zone bonds on or before December 31, 2010, (2) the
amount of jobs that will be retained or created, or both,
by the qualifying project to be financed by recovery zone
bonds, and (3) the geographical proximity of the qualifying
project to be financed by recovery zone bonds to a county
or municipality that voluntarily waived its sub-allocation
to the Authority.
(v) Unless extended by an act of the United States
Congress, no recovery zone bonds may be issued after
December 31, 2010.
(e) Established dates for notice.
Any affected local government or any regional authority
that has issued recovery zone bonds on or before the effective
date of this Section must report its issuance of recovery zone
bonds to the Authority within 30 days after the effective date
of this Section. After the effective date of this Section, any
affected local government or any regional authority must report
its issuance of recovery zone bonds to the Authority not less
than 30 days after those bonds are issued.

(f) Reports to the General Assembly.
Starting 60 days after the effective date of this Section
and ending on January 15, 2011, the Authority shall file a
report before the 15th day of each month with the General
Assembly detailing its implementation of this Section,
including but not limited to the dollar amount of the
allocation amount that has been reallocated by the Authority
pursuant to this Section, the recovery zone bonds issued in the
State as of the date of the report, and descriptions of the
qualifying projects financed by those recovery zone bonds.
(Source: P.A. 96-1020, eff. 7-12-10; revised 8-16-10.)
Section 90. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.719,
5.755, 5.756, 5.777, 5.778, and 6z-82 and by changing Sections
6z-18, 6z-20, 12-1, and 25 as follows:
(30 ILCS 105/5.719)
Sec. 5.719. The Private College Academic Quality Assurance
Fund.
(Source: P.A. 95-1046, eff. 3-27-09; 96-1000, eff. 7-2-10.)
(30 ILCS 105/5.753)
Sec. 5.753 5.719. The Pre-need Funeral Consumer Protection
Fund.

(Source: P.A. 96-879, eff. 2-2-10; revised 2-3-10.)
(30 ILCS 105/5.754)
Sec. 5.754 5.755. The Illiana Expressway Proceeds Fund.
(Source: P.A. 96-913, eff. 6-9-10; revised 9-23-10.)
(30 ILCS 105/5.755)
Sec. 5.755. The Healthcare Provider Relief Fund.
(Source: P.A. 96-820, eff. 11-18-09.)
(30 ILCS 105/5.756)
Sec. 5.756. The STAR Bonds Revenue Fund.
(Source: P.A. 96-939, eff. 6-24-10.)
(30 ILCS 105/5.757)
Sec. 5.757 5.755. The Employment of Illinois Workers on
Public Works Projects Fund.
(Source: P.A. 96-929, eff. 6-16-10; revised 9-23-10.)
(30 ILCS 105/5.759)
Sec. 5.759 5.755. The Court of Claims Federal Recovery
Victim Compensation Grant Fund.
(Source: P.A. 96-959, eff. 7-1-10; revised 9-23-10.)
(30 ILCS 105/5.760)
Sec. 5.760 5.755. The Share the Road Fund.

(Source: P.A. 96-1006, eff. 1-1-11; revised 9-23-10.)
(30 ILCS 105/5.761)
Sec. 5.761 5.755. The State's Attorneys Appellate
Prosecutor Anti-Corruption Fund.
(Source: P.A. 96-1019, eff. 1-1-11; revised 9-23-10.)
(30 ILCS 105/5.762)
Sec. 5.762 5.755. The Farmers' Market Technology
Improvement Fund.
(Source: P.A. 96-1088, eff. 7-19-10; revised 9-23-10.)
(30 ILCS 105/5.763)
Sec. 5.763 5.755. The Attorney General Sex Offender
Awareness, Training, and Education Fund.
(Source: P.A. 96-1096, eff. 1-1-11; revised 9-23-10.)
(30 ILCS 105/5.764)
Sec. 5.764 5.755. The Fraternal Order of Police Fund.
(Source: P.A. 96-1240, eff. 7-23-10; revised 9-23-10.)
(30 ILCS 105/5.765)
Sec. 5.765 5.755. The Soil and Water Conservation District
Fund.
(Source: P.A. 96-1377, eff. 1-1-11; revised 9-23-10.)

(30 ILCS 105/5.766)
Sec. 5.766 5.755. The Wage Theft Enforcement Fund.
(Source: P.A. 96-1407, eff. 1-1-11; revised 9-23-10.)
(30 ILCS 105/5.767)
Sec. 5.767 5.755. The Green Manufacturing Grant Fund.
(Source: P.A. 96-1413, eff. 1-1-11; revised 9-23-10.)
(30 ILCS 105/5.768)
Sec. 5.768 5.755. The Foreclosure Prevention Program Fund.
(Source: P.A. 96-1419, eff. 10-1-10; revised 9-23-10.)
(30 ILCS 105/5.769)
Sec. 5.769 5.755. The Debt Management Service Consumer
Protection Fund.
(Source: P.A. 96-1420, eff. 8-3-10; revised 9-23-10.)
(30 ILCS 105/5.770)
Sec. 5.770 5.755. The 4-H Fund.
(Source: P.A. 96-1449, eff. 1-1-11; revised 9-23-10.)
(30 ILCS 105/5.771)
Sec. 5.771 5.756. The Money Laundering Asset Recovery Fund.
(Source: P.A. 96-1234, eff. 7-23-10; revised 9-23-10.)
(30 ILCS 105/5.772)

Sec. 5.772 5.756. The St. Jude Children's Research Fund.
(Source: P.A. 96-1377, eff. 1-1-11; revised 9-23-10.)
(30 ILCS 105/5.773)
Sec. 5.773 5.756. The Attorney General's State Projects and
Court Ordered Distribution Fund.
(Source: P.A. 96-1379, eff. 7-29-10; revised 9-23-10.)
(30 ILCS 105/5.774)
Sec. 5.774 5.756. The Reciprocal Tax Collection Fund.
(Source: P.A. 96-1383, eff. 1-1-11; revised 9-23-10.)
(30 ILCS 105/5.777)
Sec. 5.777. The Convention Center Support Fund.
(Source: P.A. 96-898, eff. 5-27-10.)
(30 ILCS 105/5.778)
Sec. 5.778. The State Police Operations Assistance Fund.
(Source: P.A. 96-1029, eff. 7-13-10.)
(30 ILCS 105/5.780)
Sec. 5.780 5.756. The Abandoned Residential Property
Municipality Relief Fund.
(Source: P.A. 96-1419, eff. 10-1-10; revised 9-23-10.)
(30 ILCS 105/5.781)

Sec. 5.781 5.756. The Debt Settlement Consumer Protection
Fund.
(Source: P.A. 96-1420, eff. 8-3-10; revised 9-23-10.)
(30 ILCS 105/5.782)
Sec. 5.782 5.756. The Ducks Unlimited Fund.
(Source: P.A. 96-1449, eff. 1-1-11; revised 9-23-10.)
(30 ILCS 105/5.783)
Sec. 5.783 5.777. The State Police Streetgang-Related
Crime Fund.
(Source: P.A. 96-1029, eff. 7-13-10; revised 9-23-10.)
(30 ILCS 105/5.784)
Sec. 5.784 5.777. The Illinois Route 66 Fund.
(Source: P.A. 96-1424, eff. 8-3-10; revised 9-23-10.)
(30 ILCS 105/5.785)
Sec. 5.785 5.778. The Habitat for Humanity Fund.
(Source: P.A. 96-1424, eff. 8-3-10; revised 9-23-10.)
(30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)
Sec. 6z-18. A portion of the money paid into the Local
Government Tax Fund from sales of food for human consumption
which is to be consumed off the premises where it is sold
(other than alcoholic beverages, soft drinks and food which has

been prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and
insulin, urine testing materials, syringes and needles used by
diabetics, which occurred in municipalities, shall be
distributed to each municipality based upon the sales which
occurred in that municipality. The remainder shall be
distributed to each county based upon the sales which occurred
in the unincorporated area of that county.
A portion of the money paid into the Local Government Tax
Fund from the 6.25% general use tax rate on the selling price
of tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or
registered by any agency of this State's government shall be
distributed to municipalities as provided in this paragraph.
Each municipality shall receive the amount attributable to
sales for which Illinois addresses for titling or registration
purposes are given as being in such municipality. The remainder
of the money paid into the Local Government Tax Fund from such
sales shall be distributed to counties. Each county shall
receive the amount attributable to sales for which Illinois
addresses for titling or registration purposes are given as
being located in the unincorporated area of such county.
A portion of the money paid into the Local Government Tax
Fund from the 6.25% general rate (and, beginning July 1, 2000
and through December 31, 2000, the 1.25% rate on motor fuel and
gasohol, and beginning on August 6, 2010 through August 15,

2010, the 1.25% rate on sales tax holiday items) on sales
subject to taxation under the Retailers' Occupation Tax Act and
the Service Occupation Tax Act, which occurred in
municipalities, shall be distributed to each municipality,
based upon the sales which occurred in that municipality. The
remainder shall be distributed to each county, based upon the
sales which occurred in the unincorporated area of such county.
For the purpose of determining allocation to the local
government unit, a retail sale by a producer of coal or other
mineral mined in Illinois is a sale at retail at the place
where the coal or other mineral mined in Illinois is extracted
from the earth. This paragraph does not apply to coal or other
mineral when it is delivered or shipped by the seller to the
purchaser at a point outside Illinois so that the sale is
exempt under the United States Constitution as a sale in
interstate or foreign commerce.
Whenever the Department determines that a refund of money
paid into the Local Government Tax Fund should be made to a
claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the order
to be drawn for the amount specified, and to the person named,
in such notification from the Department. Such refund shall be
paid by the State Treasurer out of the Local Government Tax
Fund.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected during the second
preceding calendar month for sales within a STAR bond district
and deposited into the Local Government Tax Fund, less 3% of
that amount, which shall be transferred into the Tax Compliance
and Administration Fund and shall be used by the Department,
subject to appropriation, to cover the costs of the Department
in administering the Innovation Development and Economy Act.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities
and counties, the municipalities and counties to be those
entitled to distribution of taxes or penalties paid to the
Department during the second preceding calendar month. The
amount to be paid to each municipality or county shall be the
amount (not including credit memoranda) collected during the
second preceding calendar month by the Department and paid into
the Local Government Tax Fund, plus an amount the Department
determines is necessary to offset any amounts which were
erroneously paid to a different taxing body, and not including
an amount equal to the amount of refunds made during the second
preceding calendar month by the Department, and not including
any amount which the Department determines is necessary to

offset any amounts which are payable to a different taxing body
but were erroneously paid to the municipality or county, and
not including any amounts that are transferred to the STAR
Bonds Revenue Fund. Within 10 days after receipt, by the
Comptroller, of the disbursement certification to the
municipalities and counties, provided for in this Section to be
given to the Comptroller by the Department, the Comptroller
shall cause the orders to be drawn for the respective amounts
in accordance with the directions contained in such
certification.
When certifying the amount of monthly disbursement to a
municipality or county under this Section, the Department shall
increase or decrease that amount by an amount necessary to
offset any misallocation of previous disbursements. The offset
amount shall be the amount erroneously disbursed within the 6
months preceding the time a misallocation is discovered.
The provisions directing the distributions from the
special fund in the State Treasury provided for in this Section
shall constitute an irrevocable and continuing appropriation
of all amounts as provided herein. The State Treasurer and
State Comptroller are hereby authorized to make distributions
as provided in this Section.
In construing any development, redevelopment, annexation,
preannexation or other lawful agreement in effect prior to
September 1, 1990, which describes or refers to receipts from a
county or municipal retailers' occupation tax, use tax or

service occupation tax which now cannot be imposed, such
description or reference shall be deemed to include the
replacement revenue for such abolished taxes, distributed from
the Local Government Tax Fund.
(Source: P.A. 96-939, eff. 6-24-10; 96-1012, eff. 7-7-10;
revised 7-22-10.)
(30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)
Sec. 6z-20. Of the money received from the 6.25% general
rate (and, beginning July 1, 2000 and through December 31,
2000, the 1.25% rate on motor fuel and gasohol, and beginning
on August 6, 2010 through August 15, 2010, the 1.25% rate on
sales tax holiday items) on sales subject to taxation under the
Retailers' Occupation Tax Act and Service Occupation Tax Act
and paid into the County and Mass Transit District Fund,
distribution to the Regional Transportation Authority tax
fund, created pursuant to Section 4.03 of the Regional
Transportation Authority Act, for deposit therein shall be made
based upon the retail sales occurring in a county having more
than 3,000,000 inhabitants. The remainder shall be distributed
to each county having 3,000,000 or fewer inhabitants based upon
the retail sales occurring in each such county.
For the purpose of determining allocation to the local
government unit, a retail sale by a producer of coal or other
mineral mined in Illinois is a sale at retail at the place
where the coal or other mineral mined in Illinois is extracted

from the earth. This paragraph does not apply to coal or other
mineral when it is delivered or shipped by the seller to the
purchaser at a point outside Illinois so that the sale is
exempt under the United States Constitution as a sale in
interstate or foreign commerce.
Of the money received from the 6.25% general use tax rate
on tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or
registered by any agency of this State's government and paid
into the County and Mass Transit District Fund, the amount for
which Illinois addresses for titling or registration purposes
are given as being in each county having more than 3,000,000
inhabitants shall be distributed into the Regional
Transportation Authority tax fund, created pursuant to Section
4.03 of the Regional Transportation Authority Act. The
remainder of the money paid from such sales shall be
distributed to each county based on sales for which Illinois
addresses for titling or registration purposes are given as
being located in the county. Any money paid into the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund from the County and Mass Transit District Fund prior to
January 14, 1991, which has not been paid to the Authority
prior to that date, shall be transferred to the Regional
Transportation Authority tax fund.
Whenever the Department determines that a refund of money
paid into the County and Mass Transit District Fund should be

made to a claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause
the order to be drawn for the amount specified, and to the
person named, in such notification from the Department. Such
refund shall be paid by the State Treasurer out of the County
and Mass Transit District Fund.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected during the second
preceding calendar month for sales within a STAR bond district
and deposited into the County and Mass Transit District Fund,
less 3% of that amount, which shall be transferred into the Tax
Compliance and Administration Fund and shall be used by the
Department, subject to appropriation, to cover the costs of the
Department in administering the Innovation Development and
Economy Act.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the Regional
Transportation Authority and to named counties, the counties to
be those entitled to distribution, as hereinabove provided, of
taxes or penalties paid to the Department during the second

preceding calendar month. The amount to be paid to the Regional
Transportation Authority and each county having 3,000,000 or
fewer inhabitants shall be the amount (not including credit
memoranda) collected during the second preceding calendar
month by the Department and paid into the County and Mass
Transit District Fund, plus an amount the Department determines
is necessary to offset any amounts which were erroneously paid
to a different taxing body, and not including an amount equal
to the amount of refunds made during the second preceding
calendar month by the Department, and not including any amount
which the Department determines is necessary to offset any
amounts which were payable to a different taxing body but were
erroneously paid to the Regional Transportation Authority or
county, and not including any amounts that are transferred to
the STAR Bonds Revenue Fund. Within 10 days after receipt, by
the Comptroller, of the disbursement certification to the
Regional Transportation Authority and counties, provided for
in this Section to be given to the Comptroller by the
Department, the Comptroller shall cause the orders to be drawn
for the respective amounts in accordance with the directions
contained in such certification.
When certifying the amount of a monthly disbursement to the
Regional Transportation Authority or to a county under this
Section, the Department shall increase or decrease that amount
by an amount necessary to offset any misallocation of previous
disbursements. The offset amount shall be the amount

erroneously disbursed within the 6 months preceding the time a
misallocation is discovered.
The provisions directing the distributions from the
special fund in the State Treasury provided for in this Section
and from the Regional Transportation Authority tax fund created
by Section 4.03 of the Regional Transportation Authority Act
shall constitute an irrevocable and continuing appropriation
of all amounts as provided herein. The State Treasurer and
State Comptroller are hereby authorized to make distributions
as provided in this Section.
In construing any development, redevelopment, annexation,
preannexation or other lawful agreement in effect prior to
September 1, 1990, which describes or refers to receipts from a
county or municipal retailers' occupation tax, use tax or
service occupation tax which now cannot be imposed, such
description or reference shall be deemed to include the
replacement revenue for such abolished taxes, distributed from
the County and Mass Transit District Fund or Local Government
Distributive Fund, as the case may be.
(Source: P.A. 96-939, eff. 6-24-10; 96-1012, eff. 7-7-10;
revised 7-22-10.)
(30 ILCS 105/6z-82)
Sec. 6z-82. State Police Operations Assistance Fund.
(a) There is created in the State treasury a special fund
known as the State Police Operations Assistance Fund. The Fund

shall receive revenue pursuant to Section 27.3a of the Clerks
of Courts Act. The Fund may also receive revenue from grants,
donations, appropriations, and any other legal source.
(b) The Department of State Police may use moneys in the
Fund to finance any of its lawful purposes or functions.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The State Police Operations Assistance Fund shall not
be subject to administrative chargebacks.
(Source: P.A. 96-1029, eff. 7-13-10.)
(30 ILCS 105/6z-84)
Sec. 6z-84 6z-82. The Habitat for Humanity Fund; creation.
The Habitat for Humanity Fund is created as a special fund in
the State treasury. Moneys in the Fund shall be appropriated to
the Department of Human Services for the purpose of making
grants to Habitat for Humanity of Illinois, Inc., for the
purpose of supporting Habitat for Humanity projects in
Illinois.
(Source: P.A. 96-1424, eff. 8-3-10; revised 9-28-10.)
(30 ILCS 105/12-1) (from Ch. 127, par. 148-1)
Sec. 12-1. Travel control boards.

(a) The following travel control boards are created with
the members and jurisdiction set forth below:
(1) A Travel Control Board is created within the Office
of the Attorney General consisting of the Attorney General
as chairman and 2 members of his supervisory staff
appointed by him. The board shall have jurisdiction over
travel by employees of the office.
(2) A Travel Control Board is created within the Office
of the State Comptroller consisting of the Comptroller as
chairman and 2 members of his supervisory staff appointed
by him. The board shall have jurisdiction over travel by
employees of the office.
(3) The Higher Education Travel Control Board shall
consist of 11 members, one to be appointed by each of the
following: the Board of Trustees of the University of
Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern Illinois
University, the Board of Trustees of Northern Illinois
University, the Board of Trustees of Western Illinois
University, the Illinois Community College Board and the
Illinois Board of Higher Education. Each member shall be an
officer, member or employee of the board making the

appointment, or of an institution governed or maintained by
such board. The board shall have jurisdiction over travel
by the Board of Higher Education, the Board of Trustees of
the University of Illinois, the Board of Trustees of
Southern Illinois University, the Board of Trustees of
Chicago State University, the Board of Trustees of Eastern
Illinois University, the Board of Trustees of Governors
State University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern Illinois
University, the Board of Trustees of Northern Illinois
University, the Board of Trustees of Western Illinois
University, the Illinois Community College Board, the
State Community College of East St. Louis (abolished under
Section 2-12.1 of the Public Community College Act), the
Illinois State Scholarship Commission, the State
Universities Retirement System, the University Civil
Service Merit Board, the Board of Trustees of the Illinois
Mathematics and Science Academy and all employees of the
named Boards, Commission and System and of the institutions
governed or maintained by the named Boards. The Higher
Education Travel Control Board shall select a chairman from
among its members.
(4) The Legislative Travel Control Board shall consist
of the following members serving ex-officio: The Auditor
General as chairman, the President and the Minority Leader
of the Senate and the Speaker and the Minority Leader of

the House of Representatives. The board shall have
jurisdiction over travel by employees of: the General
Assembly, legislative boards and commissions, the Office
of the Auditor General and all legislative agencies.
(5) A Travel Control Board is created within the Office
of the Lieutenant Governor consisting of the Lieutenant
Governor as chairman and 2 members of his supervisory staff
appointed by him. The board shall have jurisdiction over
travel by employees of the office. The Travel Control Board
within the office of the Lieutenant Governor is subject to
the provisions of Section 405-500 of the Department of
Central Management Services Law (20 ILCS 405/405-500).
(6) A Travel Control Board is created within the Office
of the Secretary of State consisting of the Secretary of
State as chairman, and 2 members of his supervisory staff
appointed by him. The board shall have jurisdiction over
travel by employees of the office.
(7) A Travel Control Board is created within the
Judicial Branch consisting of a chairman and 2 members
appointed by the Supreme Court. The board shall have
jurisdiction over travel by personnel of the Judicial
Branch, except the circuit courts and the judges.
(8) A Travel Control Board is created under the State
Board of Education, consisting of the State Superintendent
of Education as chairman, and 2 members of his supervisory
staff appointed by the State Board of Education. The Board

shall have jurisdiction over travel by employees of the
State Board of Education.
(9) A Travel Control Board is created within the Office
of the State Treasurer, consisting of the State Treasurer
as chairman and 2 members of his supervisory staff
appointed by him. The board shall have jurisdiction over
travel by employees of the office.
(10) A Governor's Travel Control Board is created
consisting of the Governor ex-officio as chairman, and 2
members appointed by the Governor. The board shall have
jurisdiction over travel by employees and officers of all
State agencies as defined in the Illinois State Auditing
Act, except for the following: judges, members of the
General Assembly, elected constitutional officers of the
State, the Auditor General, and personnel under the
jurisdiction of another travel control board created by
statute.
(a-5) The Commissioner of Banks and Real Estate, the
Prisoner Review Board, and the State Fire Marshal shall submit
to the Governor's Travel Control Board the quarterly reports
required by regulation pertaining to their employees
reimbursed for housing.
(b) Each travel control board created by this Section shall
meet at the call of the chairman at least quarterly to review
all vouchers, or a report thereof, for travel reimbursements
involving an exception to the State Travel Regulations and

Rates. Each travel control board shall prescribe the procedures
for submission of an information copy of vouchers involving an
exception to the general provisions established by the State
Travel Regulations and Reimbursement Rates.
(c) Any chairman or member of a travel control board may,
with the consent of the respective appointing official,
designate a deputy to serve in his place at any or all meetings
of the board. The designation shall be in writing and directed
to the chairman of the board.
(d) No member of a travel control board may receive
additional compensation for his service as a member.
(e) A report of the travel reimbursement claims reviewed by
each travel control board shall be submitted to the Legislative
Audit Commission at least once each quarter and that Commission
shall comment on all such reports in its annual reports to the
General Assembly.
(Source: P.A. 90-609, eff. 6-30-98; 91-239, eff. 1-1-00;
revised 9-16-10.)
(30 ILCS 105/25) (from Ch. 127, par. 161)
Sec. 25. Fiscal year limitations.
(a) All appropriations shall be available for expenditure
for the fiscal year or for a lesser period if the Act making
that appropriation so specifies. A deficiency or emergency
appropriation shall be available for expenditure only through
June 30 of the year when the Act making that appropriation is

enacted unless that Act otherwise provides.
(b) Outstanding liabilities as of June 30, payable from
appropriations which have otherwise expired, may be paid out of
the expiring appropriations during the 2-month period ending at
the close of business on August 31. Any service involving
professional or artistic skills or any personal services by an
employee whose compensation is subject to income tax
withholding must be performed as of June 30 of the fiscal year
in order to be considered an "outstanding liability as of June
30" that is thereby eligible for payment out of the expiring
appropriation.
However, payment of tuition reimbursement claims under
Section 14-7.03 or 18-3 of the School Code may be made by the
State Board of Education from its appropriations for those
respective purposes for any fiscal year, even though the claims
reimbursed by the payment may be claims attributable to a prior
fiscal year, and payments may be made at the direction of the
State Superintendent of Education from the fund from which the
appropriation is made without regard to any fiscal year
limitations.
All outstanding liabilities as of June 30, 2010, payable
from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2010, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2010, without regard to the

fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than August 31, 2010.
Medical payments may be made by the Department of Veterans'
Affairs from its appropriations for those purposes for any
fiscal year, without regard to the fact that the medical
services being compensated for by such payment may have been
rendered in a prior fiscal year.
Medical payments may be made by the Department of
Healthcare and Family Services and medical payments and child
care payments may be made by the Department of Human Services
(as successor to the Department of Public Aid) from
appropriations for those purposes for any fiscal year, without
regard to the fact that the medical or child care services
being compensated for by such payment may have been rendered in
a prior fiscal year; and payments may be made at the direction
of the Department of Central Management Services from the
Health Insurance Reserve Fund and the Local Government Health
Insurance Reserve Fund without regard to any fiscal year
limitations.
Medical payments may be made by the Department of Human
Services from its appropriations relating to substance abuse
treatment services for any fiscal year, without regard to the
fact that the medical services being compensated for by such
payment may have been rendered in a prior fiscal year, provided
the payments are made on a fee-for-service basis consistent

with requirements established for Medicaid reimbursement by
the Department of Healthcare and Family Services.
Additionally, payments may be made by the Department of
Human Services from its appropriations, or any other State
agency from its appropriations with the approval of the
Department of Human Services, from the Immigration Reform and
Control Fund for purposes authorized pursuant to the
Immigration Reform and Control Act of 1986, without regard to
any fiscal year limitations.
Further, with respect to costs incurred in fiscal years
2002 and 2003 only, payments may be made by the State Treasurer
from its appropriations from the Capital Litigation Trust Fund
without regard to any fiscal year limitations.
Lease payments may be made by the Department of Central
Management Services under the sale and leaseback provisions of
Section 7.4 of the State Property Control Act with respect to
the James R. Thompson Center and the Elgin Mental Health Center
and surrounding land from appropriations for that purpose
without regard to any fiscal year limitations.
Lease payments may be made under the sale and leaseback
provisions of Section 7.5 of the State Property Control Act
with respect to the Illinois State Toll Highway Authority
headquarters building and surrounding land without regard to
any fiscal year limitations.
Payments may be made in accordance with a plan authorized
by paragraph (11) or (12) of Section 405-105 of the Department

of Central Management Services Law from appropriations for
those payments without regard to fiscal year limitations.
(c) Further, payments may be made by the Department of
Public Health and the Department of Human Services (acting as
successor to the Department of Public Health under the
Department of Human Services Act) from their respective
appropriations for grants for medical care to or on behalf of
persons suffering from chronic renal disease, persons
suffering from hemophilia, rape victims, and premature and
high-mortality risk infants and their mothers and for grants
for supplemental food supplies provided under the United States
Department of Agriculture Women, Infants and Children
Nutrition Program, for any fiscal year without regard to the
fact that the services being compensated for by such payment
may have been rendered in a prior fiscal year.
(d) The Department of Public Health and the Department of
Human Services (acting as successor to the Department of Public
Health under the Department of Human Services Act) shall each
annually submit to the State Comptroller, Senate President,
Senate Minority Leader, Speaker of the House, House Minority
Leader, and the respective Chairmen and Minority Spokesmen of
the Appropriations Committees of the Senate and the House, on
or before December 31, a report of fiscal year funds used to
pay for services provided in any prior fiscal year. This report
shall document by program or service category those
expenditures from the most recently completed fiscal year used

to pay for services provided in prior fiscal years.
(e) The Department of Healthcare and Family Services, the
Department of Human Services (acting as successor to the
Department of Public Aid), and the Department of Human Services
making fee-for-service payments relating to substance abuse
treatment services provided during a previous fiscal year shall
each annually submit to the State Comptroller, Senate
President, Senate Minority Leader, Speaker of the House, House
Minority Leader, the respective Chairmen and Minority
Spokesmen of the Appropriations Committees of the Senate and
the House, on or before November 30, a report that shall
document by program or service category those expenditures from
the most recently completed fiscal year used to pay for (i)
services provided in prior fiscal years and (ii) services for
which claims were received in prior fiscal years.
(f) The Department of Human Services (as successor to the
Department of Public Aid) shall annually submit to the State
Comptroller, Senate President, Senate Minority Leader, Speaker
of the House, House Minority Leader, and the respective
Chairmen and Minority Spokesmen of the Appropriations
Committees of the Senate and the House, on or before December
31, a report of fiscal year funds used to pay for services
(other than medical care) provided in any prior fiscal year.
This report shall document by program or service category those
expenditures from the most recently completed fiscal year used
to pay for services provided in prior fiscal years.

(g) In addition, each annual report required to be
submitted by the Department of Healthcare and Family Services
under subsection (e) shall include the following information
with respect to the State's Medicaid program:
(1) Explanations of the exact causes of the variance
between the previous year's estimated and actual
liabilities.
(2) Factors affecting the Department of Healthcare and
Family Services' liabilities, including but not limited to
numbers of aid recipients, levels of medical service
utilization by aid recipients, and inflation in the cost of
medical services.
(3) The results of the Department's efforts to combat
fraud and abuse.
(h) As provided in Section 4 of the General Assembly
Compensation Act, any utility bill for service provided to a
General Assembly member's district office for a period
including portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
(i) An agency which administers a fund classified by the
Comptroller as an internal service fund may issue rules for:
(1) billing user agencies in advance for payments or
authorized inter-fund transfers based on estimated charges
for goods or services;
(2) issuing credits, refunding through inter-fund

transfers, or reducing future inter-fund transfers during
the subsequent fiscal year for all user agency payments or
authorized inter-fund transfers received during the prior
fiscal year which were in excess of the final amounts owed
by the user agency for that period; and
(3) issuing catch-up billings to user agencies during
the subsequent fiscal year for amounts remaining due when
payments or authorized inter-fund transfers received from
the user agency during the prior fiscal year were less than
the total amount owed for that period.
User agencies are authorized to reimburse internal service
funds for catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year in which the
catch-up billing was issued or by increasing an authorized
inter-fund transfer during the current fiscal year. For the
purposes of this Act, "inter-fund transfers" means transfers
without the use of the voucher-warrant process, as authorized
by Section 9.01 of the State Comptroller Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-928, eff. 6-15-10;
96-958, eff. 7-1-10; revised 7-22-10.)
Section 95. The Illinois State Collection Act of 1986 is
amended by renumbering multiple versions of Section 9 as
follows:
(30 ILCS 210/10.1)

Sec. 10.1 9. Collection agency fees. Except where
prohibited by federal law or regulation, in the case of any
liability referred to a collection agency on or after July 1,
2010, any fee charged to the State by the collection agency (i)
may not exceed 25% of the liability referred to the collection
agency unless the liability is for a tax debt, (ii) is
considered an additional liability owed to the State, (iii) is
immediately subject to all collection procedures applicable to
the liability referred to the collection agency, and (iv) must
be separately stated in any statement or notice of the
liability issued by the collection agency to the debtor.
(Source: P.A. 96-1383, eff. 1-1-11; revised 9-7-10.)
(30 ILCS 210/10.2)
Sec. 10.2 9. Deferral and compromise of past due debt.
(a) In this Section, "past due debt" means any debt owed to
the State that has been outstanding for more than 12 months.
"Past due debt" does not include any debt if any of the actions
required under this Section would violate federal law or
regulation.
(b) State agencies may enter into a deferred payment plan
for the purpose of satisfying a past due debt. The deferred
payment plan must meet the following requirements:
(1) The term of the deferred payment plan may not
exceed 2 years.
(2) The first payment of the deferred payment plan must

be at least 10% of the total amount due.
(3) All subsequent monthly payments for the deferred
payment plan must be assessed as equal monthly principal
payments, together with interest.
(4) The deferred payment plan must include interest at
a rate that is the same as the interest required under the
State Prompt Payment Act.
(5) The deferred payment plan must be approved by the
Secretary or Director of the State agency.
(c) State agencies may compromise past due debts. Any
action taken by a State agency to compromise a past due debt
must meet the following requirements:
(1) The amount of the compromised debt shall be no less
than 80% of the total of the past due debt.
(2) Once a past due debt has been compromised, the
debtor must remit to the State agency the total amount of
the compromised debt. However, the State agency may collect
the compromised debt through a payment plan not to exceed 6
months. If the State agency accepts the compromised debt
through a payment plan, then the compromised debt shall be
subject to the same rate of interest as required under the
State Prompt Payment Act.
(3) Before a State agency accepts a compromised debt,
the amount of the compromised debt must be approved by the
Department of Revenue.
(d) State agencies may sell a past due debt to one or more

outside private vendors. Sales shall be conducted under rules
adopted by the Department of Revenue using a request for
proposals procedure similar to that procedure under the
Illinois Procurement Code. The outside private vendors shall
remit to the State agency the purchase price for debts sold
under this subsection.
(e) The State agency shall deposit all amounts received
under this Section into the General Revenue Fund.
(f) This Section does not apply to any tax debt owing to
the Department of Revenue.
(Source: P.A. 96-1435, eff. 8-16-10; revised 9-7-10.)
Section 100. The General Obligation Bond Act is amended by
changing Section 2 as follows:
(30 ILCS 330/2) (from Ch. 127, par. 652)
Sec. 2. Authorization for Bonds. The State of Illinois is
authorized to issue, sell and provide for the retirement of
General Obligation Bonds of the State of Illinois for the
categories and specific purposes expressed in Sections 2
through 8 of this Act, in the total amount of $37,217,777,443
$36,967,777,443.
The bonds authorized in this Section 2 and in Section 16 of
this Act are herein called "Bonds".
Of the total amount of Bonds authorized in this Act, up to
$2,200,000,000 in aggregate original principal amount may be

issued and sold in accordance with the Baccalaureate Savings
Act in the form of General Obligation College Savings Bonds.
Of the total amount of Bonds authorized in this Act, up to
$300,000,000 in aggregate original principal amount may be
issued and sold in accordance with the Retirement Savings Act
in the form of General Obligation Retirement Savings Bonds.
Of the total amount of Bonds authorized in this Act, the
additional $10,000,000,000 authorized by Public Act 93-2 and
the $3,466,000,000 authorized by Public Act 96-43 shall be used
solely as provided in Section 7.2.
The issuance and sale of Bonds pursuant to the General
Obligation Bond Act is an economical and efficient method of
financing the long-term capital needs of the State. This Act
will permit the issuance of a multi-purpose General Obligation
Bond with uniform terms and features. This will not only lower
the cost of registration but also reduce the overall cost of
issuing debt by improving the marketability of Illinois General
Obligation Bonds.
(Source: P.A. 95-1026, eff. 1-12-09; 96-5, eff. 4-3-09; 96-36,
eff. 7-13-09; 96-43, eff. 7-15-09; 96-885, eff. 3-11-10;
96-1000, eff. 7-2-10; revised 9-3-10.)
Section 105. The Public Works Finance Act is amended by
changing the title of the Act as follows:
(30 ILCS 370/Act title)

An Act enabling units of local government governments in
this State to finance public work projects.
Section 110. The Illinois Procurement Code is amended by
changing Sections 20-160, 30-45, 33-50, and 50-39 as follows:
(30 ILCS 500/20-160)
Sec. 20-160. Business entities; certification;
registration with the State Board of Elections.
(a) For purposes of this Section, the terms "business
entity", "contract", "State contract", "contract with a State
agency", "State agency", "affiliated entity", and "affiliated
person" have the meanings ascribed to those terms in Section
50-37.
(b) Every bid submitted to and every contract executed by
the State on or after January 1, 2009 (the effective date of
Public Act 95-971) shall contain (1) a certification by the
bidder or contractor that either (i) the bidder or contractor
is not required to register as a business entity with the State
Board of Elections pursuant to this Section or (ii) the bidder
or contractor has registered as a business entity with the
State Board of Elections and acknowledges a continuing duty to
update the registration and (2) a statement that the contract
is voidable under Section 50-60 for the bidder's or
contractor's failure to comply with this Section.
(c) Within 30 days after the effective date of this

amendatory Act of the 95th General Assembly, each business
entity (i) whose aggregate bids and proposals on State
contracts annually total more than $50,000, (ii) whose
aggregate bids and proposals on State contracts combined with
the business entity's aggregate annual total value of State
contracts exceed $50,000, or (iii) whose contracts with State
agencies, in the aggregate, annually total more than $50,000
shall register with the State Board of Elections in accordance
with Section 9-35 of the Election Code. A business entity
required to register under this subsection shall submit a copy
of the certificate of registration to the applicable chief
procurement officer within 90 days after the effective date of
this amendatory Act of the 95th General Assembly. A business
entity required to register under this subsection due to item
(i) or (ii) has a continuing duty to ensure that the
registration is accurate during the period beginning on the
date of registration and ending on the day after the date the
contract is awarded; any change in information must be reported
to the State Board of Elections 5 business days following such
change or no later than a day before the contract is awarded,
whichever date is earlier. A business entity required to
register under this subsection due to item (iii) has a
continuing duty to ensure that the registration is accurate in
accordance with subsection report any changes in information to
the State Board of Elections on the final day of January,
April, July, and October of each year, or the first business

day after such dates, if such dates do not fall on a business
day (e).
(d) Any business entity, not required under subsection (c)
to register within 30 days after the effective date of this
amendatory Act of the 95th General Assembly, whose aggregate
bids and proposals on State contracts annually total more than
$50,000, or whose aggregate bids and proposals on State
contracts combined with the business entity's aggregate annual
total value of State contracts exceed $50,000, shall register
with the State Board of Elections in accordance with Section
9-35 of the Election Code prior to submitting to a State agency
the bid or proposal whose value causes the business entity to
fall within the monetary description of this subsection. A
business entity required to register under this subsection has
a continuing duty to ensure that the registration is accurate
during the period beginning on the date of registration and
ending on the day after the date the contract is awarded. Any
change in information must be reported to the State Board of
Elections within 5 business days following such change or no
later than a day before the contract is awarded, whichever date
is earlier.
(e) A business entity whose contracts with State agencies,
in the aggregate, annually total more than $50,000 must
maintain its registration under this Section and has a
continuing duty to ensure that the registration is accurate for
the duration of the term of office of the incumbent

officeholder awarding the contracts or for a period of 2 years
following the expiration or termination of the contracts,
whichever is longer. A business entity, required to register
under this subsection, has a continuing duty to report any
changes on a quarterly basis to the State Board of Elections
within 10 business days following the last day of January,
April, July, and October of each year. Any update pursuant to
this paragraph that is received beyond that date is presumed
late and the civil penalty authorized by subsection (e) of
Section 9-35 of the Election Code (10 ILCS 5/9-35) may be
assessed.
Also, if on the final day of January, April, July, and
October of each year, or the first business day after such
dates, if such dates do not fall on a business day. If a
business entity required to register under this subsection has
a pending bid or proposal, any change in information shall be
reported to the State Board of Elections within 5 business days
following such change or no later than a day before the
contract is awarded, whichever date is earlier.
(f) A business entity's continuing duty under this Section
to ensure the accuracy of its registration includes the
requirement that the business entity notify the State Board of
Elections of any change in information, including but not
limited to changes of affiliated entities or affiliated
persons.
(g) A copy of a certificate of registration must accompany

any bid or proposal for a contract with a State agency by a
business entity required to register under this Section. A
chief procurement officer shall not accept a bid or proposal
unless the certificate is submitted to the agency with the bid
or proposal.
(h) A registration, and any changes to a registration, must
include the business entity's verification of accuracy and
subjects the business entity to the penalties of the laws of
this State for perjury.
In addition to any penalty under Section 9-35 of the
Election Code, intentional, willful, or material failure to
disclose information required for registration shall render
the contract, bid, proposal, or other procurement relationship
voidable by the chief procurement officer if he or she deems it
to be in the best interest of the State of Illinois.
(i) This Section applies regardless of the method of source
selection used in awarding the contract.
(Source: P.A. 95-971, eff. 1-1-09; 96-795, eff. 7-1-10 (see
Section 5 of P.A. 96-793 for the effective date of changes made
by P.A. 96-795); 96-848, eff. 1-1-10; revised 9-23-10.)
(30 ILCS 500/30-45)
Sec. 30-45. Other Acts. This Article is subject to
applicable provisions of the following Acts:
(1) the Prevailing Wage Act;
(2) the Public Construction Bond Act;

(3) the Public Works Employment Discrimination Act;
(4) the Public Works Preference Act (repealed on June
16, 2010 by Public Act 96-929);
(5) the Employment of Illinois Workers on Public Works
Act;
(6) the Public Contract Fraud Act; and
(7) the Illinois Construction Evaluation Act.
(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised
10-19-10.)
(30 ILCS 500/33-50)
Sec. 33-50. Duties of construction manager; additional
requirements for persons performing construction work.
(a) Upon the award of a construction management services
contract, a construction manager must contract with the Board
to furnish his or her skill and judgment in cooperation with,
and reliance upon, the services of the project architect or
engineer. The construction manager must furnish business
administration, management of the construction process, and
other specified services to the Board and must perform his or
her obligations in an expeditious and economical manner
consistent with the interest of the Board. If it is in the
State's best interest, the construction manager may provide or
perform basic services for which reimbursement is provided in
the general conditions to the construction management services
contract.

(b) The actual construction work on the project must be
awarded to contractors under this Code. The Capital Development
Board may further separate additional divisions of work under
this Article. This subsection is subject to the applicable
provisions of the following Acts:
(1) the Prevailing Wage Act;
(2) the Public Construction Bond Act;
(3) the Public Works Employment Discrimination Act;
(4) the Public Works Preference Act (repealed on June
16, 2010 by Public Act 96-929);
(5) the Employment of Illinois Workers on Public Works
Act;
(6) the Public Contract Fraud Act;
(7) the Illinois Construction Evaluation Act; and
(8) the Illinois Architecture Practice Act of 1989, the
Professional Engineering Practice Act of 1989, the
Illinois Professional Land Surveyor Act of 1989, and the
Structural Engineering Practice Act of 1989.
(Source: P.A. 94-532, eff. 8-10-05; revised 10-19-10.)
(30 ILCS 500/50-39)
Sec. 50-39. Procurement communications reporting
requirement.
(a) Any written or oral communication received by a State
employee that imparts or requests material information or makes
a material argument regarding potential action concerning a

procurement matter, including, but not limited to, an
application, a contract, or a project, shall be reported to the
Procurement Policy Board. These communications do not include
the following: (i) statements by a person publicly made in a
public forum; (ii) statements regarding matters of procedure
and practice, such as format, the number of copies required,
the manner of filing, and the status of a matter; and (iii)
statements made by a State employee of the agency to the agency
head or other employees of that agency or to the employees of
the Executive Ethics Commission. The provisions of this Section
shall not apply to communications regarding the administration
and implementation of an existing contract, except
communications regarding change orders or the renewal or
extension of a contract.
(b) The report required by subsection (a) shall be
submitted monthly and include at least the following: (i) the
date and time of each communication; (ii) the identity of each
person from whom the written or oral communication was
received, the individual or entity represented by that person,
and any action the person requested or recommended; (iii) the
identity and job title of the person to whom each communication
was made; (iv) if a response is made, the identity and job
title of the person making each response; (v) a detailed
summary of the points made by each person involved in the
communication; (vi) the duration of the communication; (vii)
the location or locations of all persons involved in the

communication and, if the communication occurred by telephone,
the telephone numbers for the callers and recipients of the
communication; and (viii) any other pertinent information.
(c) Additionally, when an oral communication made by a
person required to register under the Lobbyist Registration Act
is received by a State employee that is covered under this
Section, all individuals who initiate or participate in the
oral communication shall submit a written report to that State
employee that memorializes the communication and includes, but
is not limited to, the items listed in subsection (b).
(d) The Procurement Policy Board shall make each report
submitted pursuant to this Section available on its website
within 7 days after its receipt of the report. The Procurement
Policy Board may promulgate rules to ensure compliance with
this Section.
(e) The reporting requirements shall also be conveyed
through ethics training under the State Employees and Officials
and Employees Ethics Act. An employee who knowingly and
intentionally violates this Section shall be subject to
suspension or discharge. The Executive Ethics Commission shall
promulgate rules, including emergency rules, to implement this
Section.
(f) This Section becomes operative on January 1, 2011.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 96-920,
eff. 7-1-10; revised 9-27-10.)

Section 115. The State Mandates Act is amended by changing
Sections 8.33 as follows:
(30 ILCS 805/8.33)
Sec. 8.33. Exempt mandate.
(a) Notwithstanding the provisions of Sections 6 and 8 of
this Act, no reimbursement by the State is required for the
implementation of Section 5-42 of the Olympic Games and
Paralympic Games (2016) Law.
(b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 96-139, 96-251, 96-260,
96-285, 96-297, 96-299, 96-343, 96-357, 96-410, 96-429,
96-494, 96-505, 96-621, 96-650, 96-727, 96-745, 96-749, and
96-775, 96-841, or 96-843 this amendatory Act of the 96th
General Assembly.
(c) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by the Identity Protection Act.
(Source: P.A. 96-7, eff. 4-3-09; 96-139, eff. 1-1-10; 96-251,
eff. 8-11-09; 96-260, eff. 8-11-09; 96-285, eff. 8-11-09;
96-297, eff. 8-11-09; 96-299, eff. 8-11-09; 96-343, eff.
8-11-09; 96-357, eff. 8-13-09; 96-410, eff. 7-1-10; 96-429,
eff. 8-13-09; 96-494, eff. 8-14-09; 96-505, eff. 8-14-09;
96-621, eff. 1-1-10; 96-650, eff. 1-1-10; 96-727, eff. 8-25-09;

96-745, eff. 8-25-09; 96-749, eff. 1-1-10; 96-775, eff.
8-28-09; 96-841, eff. 12-23-09; 96-843, eff. 6-1-10; 96-874,
eff. 6-1-10; 96-1000, eff. 7-2-10; revised 9-27-10.)
Section 120. The Illinois Income Tax Act is amended by
changing Sections 203 and 704A as follows:
(35 ILCS 5/203) (from Ch. 120, par. 2-203)
Sec. 203. Base income defined.
(a) Individuals.
(1) In general. In the case of an individual, base
income means an amount equal to the taxpayer's adjusted
gross income for the taxable year as modified by paragraph
(2).
(2) Modifications. The adjusted gross income referred
to in paragraph (1) shall be modified by adding thereto the
sum of the following amounts:
(A) An amount equal to all amounts paid or accrued
to the taxpayer as interest or dividends during the
taxable year to the extent excluded from gross income
in the computation of adjusted gross income, except
stock dividends of qualified public utilities
described in Section 305(e) of the Internal Revenue
Code;
(B) An amount equal to the amount of tax imposed by
this Act to the extent deducted from gross income in

the computation of adjusted gross income for the
taxable year;
(C) An amount equal to the amount received during
the taxable year as a recovery or refund of real
property taxes paid with respect to the taxpayer's
principal residence under the Revenue Act of 1939 and
for which a deduction was previously taken under
subparagraph (L) of this paragraph (2) prior to July 1,
1991, the retrospective application date of Article 4
of Public Act 87-17. In the case of multi-unit or
multi-use structures and farm dwellings, the taxes on
the taxpayer's principal residence shall be that
portion of the total taxes for the entire property
which is attributable to such principal residence;
(D) An amount equal to the amount of the capital
gain deduction allowable under the Internal Revenue
Code, to the extent deducted from gross income in the
computation of adjusted gross income;
(D-5) An amount, to the extent not included in
adjusted gross income, equal to the amount of money
withdrawn by the taxpayer in the taxable year from a
medical care savings account and the interest earned on
the account in the taxable year of a withdrawal
pursuant to subsection (b) of Section 20 of the Medical
Care Savings Account Act or subsection (b) of Section
20 of the Medical Care Savings Account Act of 2000;

(D-10) For taxable years ending after December 31,
1997, an amount equal to any eligible remediation costs
that the individual deducted in computing adjusted
gross income and for which the individual claims a
credit under subsection (l) of Section 201;
(D-15) For taxable years 2001 and thereafter, an
amount equal to the bonus depreciation deduction taken
on the taxpayer's federal income tax return for the
taxable year under subsection (k) of Section 168 of the
Internal Revenue Code;
(D-16) If the taxpayer sells, transfers, abandons,
or otherwise disposes of property for which the
taxpayer was required in any taxable year to make an
addition modification under subparagraph (D-15), then
an amount equal to the aggregate amount of the
deductions taken in all taxable years under
subparagraph (Z) with respect to that property.
If the taxpayer continues to own property through
the last day of the last tax year for which the
taxpayer may claim a depreciation deduction for
federal income tax purposes and for which the taxpayer
was allowed in any taxable year to make a subtraction
modification under subparagraph (Z), then an amount
equal to that subtraction modification.
The taxpayer is required to make the addition
modification under this subparagraph only once with

respect to any one piece of property;
(D-17) An amount equal to the amount otherwise
allowed as a deduction in computing base income for
interest paid, accrued, or incurred, directly or
indirectly, (i) for taxable years ending on or after
December 31, 2004, to a foreign person who would be a
member of the same unitary business group but for the
fact that foreign person's business activity outside
the United States is 80% or more of the foreign
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304. The addition modification
required by this subparagraph shall be reduced to the
extent that dividends were included in base income of
the unitary group for the same taxable year and
received by the taxpayer or by a member of the
taxpayer's unitary business group (including amounts
included in gross income under Sections 951 through 964
of the Internal Revenue Code and amounts included in
gross income under Section 78 of the Internal Revenue
Code) with respect to the stock of the same person to

whom the interest was paid, accrued, or incurred.
This paragraph shall not apply to the following:
(i) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person who
is subject in a foreign country or state, other
than a state which requires mandatory unitary
reporting, to a tax on or measured by net income
with respect to such interest; or
(ii) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer can establish, based on a
preponderance of the evidence, both of the
following:
(a) the person, during the same taxable
year, paid, accrued, or incurred, the interest
to a person that is not a related member, and
(b) the transaction giving rise to the
interest expense between the taxpayer and the
person did not have as a principal purpose the
avoidance of Illinois income tax, and is paid
pursuant to a contract or agreement that
reflects an arm's-length interest rate and
terms; or
(iii) the taxpayer can establish, based on
clear and convincing evidence, that the interest
paid, accrued, or incurred relates to a contract or

agreement entered into at arm's-length rates and
terms and the principal purpose for the payment is
not federal or Illinois tax avoidance; or
(iv) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer establishes by clear and convincing
evidence that the adjustments are unreasonable; or
if the taxpayer and the Director agree in writing
to the application or use of an alternative method
of apportionment under Section 304(f).
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act for
any tax year beginning after the effective date of
this amendment provided such adjustment is made
pursuant to regulation adopted by the Department
and such regulations provide methods and standards
by which the Department will utilize its authority
under Section 404 of this Act;
(D-18) An amount equal to the amount of intangible
expenses and costs otherwise allowed as a deduction in
computing base income, and that were paid, accrued, or
incurred, directly or indirectly, (i) for taxable
years ending on or after December 31, 2004, to a
foreign person who would be a member of the same
unitary business group but for the fact that the

foreign person's business activity outside the United
States is 80% or more of that person's total business
activity and (ii) for taxable years ending on or after
December 31, 2008, to a person who would be a member of
the same unitary business group but for the fact that
the person is prohibited under Section 1501(a)(27)
from being included in the unitary business group
because he or she is ordinarily required to apportion
business income under different subsections of Section
304. The addition modification required by this
subparagraph shall be reduced to the extent that
dividends were included in base income of the unitary
group for the same taxable year and received by the
taxpayer or by a member of the taxpayer's unitary
business group (including amounts included in gross
income under Sections 951 through 964 of the Internal
Revenue Code and amounts included in gross income under
Section 78 of the Internal Revenue Code) with respect
to the stock of the same person to whom the intangible
expenses and costs were directly or indirectly paid,
incurred, or accrued. The preceding sentence does not
apply to the extent that the same dividends caused a
reduction to the addition modification required under
Section 203(a)(2)(D-17) of this Act. As used in this
subparagraph, the term "intangible expenses and costs"
includes (1) expenses, losses, and costs for, or

related to, the direct or indirect acquisition, use,
maintenance or management, ownership, sale, exchange,
or any other disposition of intangible property; (2)
losses incurred, directly or indirectly, from
factoring transactions or discounting transactions;
(3) royalty, patent, technical, and copyright fees;
(4) licensing fees; and (5) other similar expenses and
costs. For purposes of this subparagraph, "intangible
property" includes patents, patent applications, trade
names, trademarks, service marks, copyrights, mask
works, trade secrets, and similar types of intangible
assets.
This paragraph shall not apply to the following:
(i) any item of intangible expenses or costs
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person who is
subject in a foreign country or state, other than a
state which requires mandatory unitary reporting,
to a tax on or measured by net income with respect
to such item; or
(ii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, if the taxpayer can establish, based
on a preponderance of the evidence, both of the
following:
(a) the person during the same taxable

year paid, accrued, or incurred, the
intangible expense or cost to a person that is
not a related member, and
(b) the transaction giving rise to the
intangible expense or cost between the
taxpayer and the person did not have as a
principal purpose the avoidance of Illinois
income tax, and is paid pursuant to a contract
or agreement that reflects arm's-length terms;
or
(iii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person if the
taxpayer establishes by clear and convincing
evidence, that the adjustments are unreasonable;
or if the taxpayer and the Director agree in
writing to the application or use of an alternative
method of apportionment under Section 304(f);
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act for
any tax year beginning after the effective date of
this amendment provided such adjustment is made
pursuant to regulation adopted by the Department
and such regulations provide methods and standards
by which the Department will utilize its authority

under Section 404 of this Act;
(D-19) For taxable years ending on or after
December 31, 2008, an amount equal to the amount of
insurance premium expenses and costs otherwise allowed
as a deduction in computing base income, and that were
paid, accrued, or incurred, directly or indirectly, to
a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304. The
addition modification required by this subparagraph
shall be reduced to the extent that dividends were
included in base income of the unitary group for the
same taxable year and received by the taxpayer or by a
member of the taxpayer's unitary business group
(including amounts included in gross income under
Sections 951 through 964 of the Internal Revenue Code
and amounts included in gross income under Section 78
of the Internal Revenue Code) with respect to the stock
of the same person to whom the premiums and costs were
directly or indirectly paid, incurred, or accrued. The
preceding sentence does not apply to the extent that
the same dividends caused a reduction to the addition
modification required under Section 203(a)(2)(D-17) or

Section 203(a)(2)(D-18) of this Act.
(D-20) For taxable years beginning on or after
January 1, 2002 and ending on or before December 31,
2006, in the case of a distribution from a qualified
tuition program under Section 529 of the Internal
Revenue Code, other than (i) a distribution from a
College Savings Pool created under Section 16.5 of the
State Treasurer Act or (ii) a distribution from the
Illinois Prepaid Tuition Trust Fund, an amount equal to
the amount excluded from gross income under Section
529(c)(3)(B). For taxable years beginning on or after
January 1, 2007, in the case of a distribution from a
qualified tuition program under Section 529 of the
Internal Revenue Code, other than (i) a distribution
from a College Savings Pool created under Section 16.5
of the State Treasurer Act, (ii) a distribution from
the Illinois Prepaid Tuition Trust Fund, or (iii) a
distribution from a qualified tuition program under
Section 529 of the Internal Revenue Code that (I)
adopts and determines that its offering materials
comply with the College Savings Plans Network's
disclosure principles and (II) has made reasonable
efforts to inform in-state residents of the existence
of in-state qualified tuition programs by informing
Illinois residents directly and, where applicable, to
inform financial intermediaries distributing the

program to inform in-state residents of the existence
of in-state qualified tuition programs at least
annually, an amount equal to the amount excluded from
gross income under Section 529(c)(3)(B).
For the purposes of this subparagraph (D-20), a
qualified tuition program has made reasonable efforts
if it makes disclosures (which may use the term
"in-state program" or "in-state plan" and need not
specifically refer to Illinois or its qualified
programs by name) (i) directly to prospective
participants in its offering materials or makes a
public disclosure, such as a website posting; and (ii)
where applicable, to intermediaries selling the
out-of-state program in the same manner that the
out-of-state program distributes its offering
materials;
(D-21) For taxable years beginning on or after
January 1, 2007, in the case of transfer of moneys from
a qualified tuition program under Section 529 of the
Internal Revenue Code that is administered by the State
to an out-of-state program, an amount equal to the
amount of moneys previously deducted from base income
under subsection (a)(2)(Y) of this Section;
(D-22) For taxable years beginning on or after
January 1, 2009, in the case of a nonqualified
withdrawal or refund of moneys from a qualified tuition

program under Section 529 of the Internal Revenue Code
administered by the State that is not used for
qualified expenses at an eligible education
institution, an amount equal to the contribution
component of the nonqualified withdrawal or refund
that was previously deducted from base income under
subsection (a)(2)(y) of this Section, provided that
the withdrawal or refund did not result from the
beneficiary's death or disability;
(D-23) An amount equal to the credit allowable to
the taxpayer under Section 218(a) of this Act,
determined without regard to Section 218(c) of this
Act;
and by deducting from the total so obtained the sum of the
following amounts:
(E) For taxable years ending before December 31,
2001, any amount included in such total in respect of
any compensation (including but not limited to any
compensation paid or accrued to a serviceman while a
prisoner of war or missing in action) paid to a
resident by reason of being on active duty in the Armed
Forces of the United States and in respect of any
compensation paid or accrued to a resident who as a
governmental employee was a prisoner of war or missing
in action, and in respect of any compensation paid to a
resident in 1971 or thereafter for annual training

performed pursuant to Sections 502 and 503, Title 32,
United States Code as a member of the Illinois National
Guard or, beginning with taxable years ending on or
after December 31, 2007, the National Guard of any
other state. For taxable years ending on or after
December 31, 2001, any amount included in such total in
respect of any compensation (including but not limited
to any compensation paid or accrued to a serviceman
while a prisoner of war or missing in action) paid to a
resident by reason of being a member of any component
of the Armed Forces of the United States and in respect
of any compensation paid or accrued to a resident who
as a governmental employee was a prisoner of war or
missing in action, and in respect of any compensation
paid to a resident in 2001 or thereafter by reason of
being a member of the Illinois National Guard or,
beginning with taxable years ending on or after
December 31, 2007, the National Guard of any other
state. The provisions of this amendatory Act of the
92nd General Assembly are exempt from the provisions of
Section 250;
(F) An amount equal to all amounts included in such
total pursuant to the provisions of Sections 402(a),
402(c), 403(a), 403(b), 406(a), 407(a), and 408 of the
Internal Revenue Code, or included in such total as
distributions under the provisions of any retirement

or disability plan for employees of any governmental
agency or unit, or retirement payments to retired
partners, which payments are excluded in computing net
earnings from self employment by Section 1402 of the
Internal Revenue Code and regulations adopted pursuant
thereto;
(G) The valuation limitation amount;
(H) An amount equal to the amount of any tax
imposed by this Act which was refunded to the taxpayer
and included in such total for the taxable year;
(I) An amount equal to all amounts included in such
total pursuant to the provisions of Section 111 of the
Internal Revenue Code as a recovery of items previously
deducted from adjusted gross income in the computation
of taxable income;
(J) An amount equal to those dividends included in
such total which were paid by a corporation which
conducts business operations in an Enterprise Zone or
zones created under the Illinois Enterprise Zone Act or
a River Edge Redevelopment Zone or zones created under
the River Edge Redevelopment Zone Act, and conducts
substantially all of its operations in an Enterprise
Zone or zones or a River Edge Redevelopment Zone or
zones. This subparagraph (J) is exempt from the
provisions of Section 250;
(K) An amount equal to those dividends included in

such total that were paid by a corporation that
conducts business operations in a federally designated
Foreign Trade Zone or Sub-Zone and that is designated a
High Impact Business located in Illinois; provided
that dividends eligible for the deduction provided in
subparagraph (J) of paragraph (2) of this subsection
shall not be eligible for the deduction provided under
this subparagraph (K);
(L) For taxable years ending after December 31,
1983, an amount equal to all social security benefits
and railroad retirement benefits included in such
total pursuant to Sections 72(r) and 86 of the Internal
Revenue Code;
(M) With the exception of any amounts subtracted
under subparagraph (N), an amount equal to the sum of
all amounts disallowed as deductions by (i) Sections
171(a) (2), and 265(2) of the Internal Revenue Code of
1954, as now or hereafter amended, and all amounts of
expenses allocable to interest and disallowed as
deductions by Section 265(1) of the Internal Revenue
Code of 1954, as now or hereafter amended; and (ii) for
taxable years ending on or after August 13, 1999,
Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of
the Internal Revenue Code; the provisions of this
subparagraph are exempt from the provisions of Section
250;

(N) An amount equal to all amounts included in such
total which are exempt from taxation by this State
either by reason of its statutes or Constitution or by
reason of the Constitution, treaties or statutes of the
United States; provided that, in the case of any
statute of this State that exempts income derived from
bonds or other obligations from the tax imposed under
this Act, the amount exempted shall be the interest net
of bond premium amortization;
(O) An amount equal to any contribution made to a
job training project established pursuant to the Tax
Increment Allocation Redevelopment Act;
(P) An amount equal to the amount of the deduction
used to compute the federal income tax credit for
restoration of substantial amounts held under claim of
right for the taxable year pursuant to Section 1341 of
the Internal Revenue Code of 1986;
(Q) An amount equal to any amounts included in such
total, received by the taxpayer as an acceleration in
the payment of life, endowment or annuity benefits in
advance of the time they would otherwise be payable as
an indemnity for a terminal illness;
(R) An amount equal to the amount of any federal or
State bonus paid to veterans of the Persian Gulf War;
(S) An amount, to the extent included in adjusted
gross income, equal to the amount of a contribution

made in the taxable year on behalf of the taxpayer to a
medical care savings account established under the
Medical Care Savings Account Act or the Medical Care
Savings Account Act of 2000 to the extent the
contribution is accepted by the account administrator
as provided in that Act;
(T) An amount, to the extent included in adjusted
gross income, equal to the amount of interest earned in
the taxable year on a medical care savings account
established under the Medical Care Savings Account Act
or the Medical Care Savings Account Act of 2000 on
behalf of the taxpayer, other than interest added
pursuant to item (D-5) of this paragraph (2);
(U) For one taxable year beginning on or after
January 1, 1994, an amount equal to the total amount of
tax imposed and paid under subsections (a) and (b) of
Section 201 of this Act on grant amounts received by
the taxpayer under the Nursing Home Grant Assistance
Act during the taxpayer's taxable years 1992 and 1993;
(V) Beginning with tax years ending on or after
December 31, 1995 and ending with tax years ending on
or before December 31, 2004, an amount equal to the
amount paid by a taxpayer who is a self-employed
taxpayer, a partner of a partnership, or a shareholder
in a Subchapter S corporation for health insurance or
long-term care insurance for that taxpayer or that

taxpayer's spouse or dependents, to the extent that the
amount paid for that health insurance or long-term care
insurance may be deducted under Section 213 of the
Internal Revenue Code of 1986, has not been deducted on
the federal income tax return of the taxpayer, and does
not exceed the taxable income attributable to that
taxpayer's income, self-employment income, or
Subchapter S corporation income; except that no
deduction shall be allowed under this item (V) if the
taxpayer is eligible to participate in any health
insurance or long-term care insurance plan of an
employer of the taxpayer or the taxpayer's spouse. The
amount of the health insurance and long-term care
insurance subtracted under this item (V) shall be
determined by multiplying total health insurance and
long-term care insurance premiums paid by the taxpayer
times a number that represents the fractional
percentage of eligible medical expenses under Section
213 of the Internal Revenue Code of 1986 not actually
deducted on the taxpayer's federal income tax return;
(W) For taxable years beginning on or after January
1, 1998, all amounts included in the taxpayer's federal
gross income in the taxable year from amounts converted
from a regular IRA to a Roth IRA. This paragraph is
exempt from the provisions of Section 250;
(X) For taxable year 1999 and thereafter, an amount

equal to the amount of any (i) distributions, to the
extent includible in gross income for federal income
tax purposes, made to the taxpayer because of his or
her status as a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime or as an heir of the victim and (ii) items of
income, to the extent includible in gross income for
federal income tax purposes, attributable to, derived
from or in any way related to assets stolen from,
hidden from, or otherwise lost to a victim of
persecution for racial or religious reasons by Nazi
Germany or any other Axis regime immediately prior to,
during, and immediately after World War II, including,
but not limited to, interest on the proceeds receivable
as insurance under policies issued to a victim of
persecution for racial or religious reasons by Nazi
Germany or any other Axis regime by European insurance
companies immediately prior to and during World War II;
provided, however, this subtraction from federal
adjusted gross income does not apply to assets acquired
with such assets or with the proceeds from the sale of
such assets; provided, further, this paragraph shall
only apply to a taxpayer who was the first recipient of
such assets after their recovery and who is a victim of
persecution for racial or religious reasons by Nazi
Germany or any other Axis regime or as an heir of the

victim. The amount of and the eligibility for any
public assistance, benefit, or similar entitlement is
not affected by the inclusion of items (i) and (ii) of
this paragraph in gross income for federal income tax
purposes. This paragraph is exempt from the provisions
of Section 250;
(Y) For taxable years beginning on or after January
1, 2002 and ending on or before December 31, 2004,
moneys contributed in the taxable year to a College
Savings Pool account under Section 16.5 of the State
Treasurer Act, except that amounts excluded from gross
income under Section 529(c)(3)(C)(i) of the Internal
Revenue Code shall not be considered moneys
contributed under this subparagraph (Y). For taxable
years beginning on or after January 1, 2005, a maximum
of $10,000 contributed in the taxable year to (i) a
College Savings Pool account under Section 16.5 of the
State Treasurer Act or (ii) the Illinois Prepaid
Tuition Trust Fund, except that amounts excluded from
gross income under Section 529(c)(3)(C)(i) of the
Internal Revenue Code shall not be considered moneys
contributed under this subparagraph (Y). For purposes
of this subparagraph, contributions made by an
employer on behalf of an employee, or matching
contributions made by an employee, shall be treated as
made by the employee. This subparagraph (Y) is exempt

from the provisions of Section 250;
(Z) For taxable years 2001 and thereafter, for the
taxable year in which the bonus depreciation deduction
is taken on the taxpayer's federal income tax return
under subsection (k) of Section 168 of the Internal
Revenue Code and for each applicable taxable year
thereafter, an amount equal to "x", where:
(1) "y" equals the amount of the depreciation
deduction taken for the taxable year on the
taxpayer's federal income tax return on property
for which the bonus depreciation deduction was
taken in any year under subsection (k) of Section
168 of the Internal Revenue Code, but not including
the bonus depreciation deduction;
(2) for taxable years ending on or before
December 31, 2005, "x" equals "y" multiplied by 30
and then divided by 70 (or "y" multiplied by
0.429); and
(3) for taxable years ending after December
31, 2005:
(i) for property on which a bonus
depreciation deduction of 30% of the adjusted
basis was taken, "x" equals "y" multiplied by
30 and then divided by 70 (or "y" multiplied by
0.429); and
(ii) for property on which a bonus

depreciation deduction of 50% of the adjusted
basis was taken, "x" equals "y" multiplied by
1.0.
The aggregate amount deducted under this
subparagraph in all taxable years for any one piece of
property may not exceed the amount of the bonus
depreciation deduction taken on that property on the
taxpayer's federal income tax return under subsection
(k) of Section 168 of the Internal Revenue Code. This
subparagraph (Z) is exempt from the provisions of
Section 250;
(AA) If the taxpayer sells, transfers, abandons,
or otherwise disposes of property for which the
taxpayer was required in any taxable year to make an
addition modification under subparagraph (D-15), then
an amount equal to that addition modification.
If the taxpayer continues to own property through
the last day of the last tax year for which the
taxpayer may claim a depreciation deduction for
federal income tax purposes and for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (D-15), then an amount
equal to that addition modification.
The taxpayer is allowed to take the deduction under
this subparagraph only once with respect to any one
piece of property.

This subparagraph (AA) is exempt from the
provisions of Section 250;
(BB) Any amount included in adjusted gross income,
other than salary, received by a driver in a
ridesharing arrangement using a motor vehicle;
(CC) The amount of (i) any interest income (net of
the deductions allocable thereto) taken into account
for the taxable year with respect to a transaction with
a taxpayer that is required to make an addition
modification with respect to such transaction under
Section 203(a)(2)(D-17), 203(b)(2)(E-12),
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
the amount of that addition modification, and (ii) any
income from intangible property (net of the deductions
allocable thereto) taken into account for the taxable
year with respect to a transaction with a taxpayer that
is required to make an addition modification with
respect to such transaction under Section
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
203(d)(2)(D-8), but not to exceed the amount of that
addition modification. This subparagraph (CC) is
exempt from the provisions of Section 250;
(DD) An amount equal to the interest income taken
into account for the taxable year (net of the
deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a

member of the taxpayer's unitary business group but for
the fact that the foreign person's business activity
outside the United States is 80% or more of that
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304, but not to exceed the
addition modification required to be made for the same
taxable year under Section 203(a)(2)(D-17) for
interest paid, accrued, or incurred, directly or
indirectly, to the same person. This subparagraph (DD)
is exempt from the provisions of Section 250;
(EE) An amount equal to the income from intangible
property taken into account for the taxable year (net
of the deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but for
the fact that the foreign person's business activity
outside the United States is 80% or more of that
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business

group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304, but not to exceed the
addition modification required to be made for the same
taxable year under Section 203(a)(2)(D-18) for
intangible expenses and costs paid, accrued, or
incurred, directly or indirectly, to the same foreign
person. This subparagraph (EE) is exempt from the
provisions of Section 250; and
(FF) An amount equal to any amount awarded to the
taxpayer during the taxable year by the Court of Claims
under subsection (c) of Section 8 of the Court of
Claims Act for time unjustly served in a State prison.
This subparagraph (FF) is exempt from the provisions of
Section 250.
(b) Corporations.
(1) In general. In the case of a corporation, base
income means an amount equal to the taxpayer's taxable
income for the taxable year as modified by paragraph (2).
(2) Modifications. The taxable income referred to in
paragraph (1) shall be modified by adding thereto the sum
of the following amounts:
(A) An amount equal to all amounts paid or accrued

to the taxpayer as interest and all distributions
received from regulated investment companies during
the taxable year to the extent excluded from gross
income in the computation of taxable income;
(B) An amount equal to the amount of tax imposed by
this Act to the extent deducted from gross income in
the computation of taxable income for the taxable year;
(C) In the case of a regulated investment company,
an amount equal to the excess of (i) the net long-term
capital gain for the taxable year, over (ii) the amount
of the capital gain dividends designated as such in
accordance with Section 852(b)(3)(C) of the Internal
Revenue Code and any amount designated under Section
852(b)(3)(D) of the Internal Revenue Code,
attributable to the taxable year (this amendatory Act
of 1995 (Public Act 89-89) is declarative of existing
law and is not a new enactment);
(D) The amount of any net operating loss deduction
taken in arriving at taxable income, other than a net
operating loss carried forward from a taxable year
ending prior to December 31, 1986;
(E) For taxable years in which a net operating loss
carryback or carryforward from a taxable year ending
prior to December 31, 1986 is an element of taxable
income under paragraph (1) of subsection (e) or
subparagraph (E) of paragraph (2) of subsection (e),

the amount by which addition modifications other than
those provided by this subparagraph (E) exceeded
subtraction modifications in such earlier taxable
year, with the following limitations applied in the
order that they are listed:
(i) the addition modification relating to the
net operating loss carried back or forward to the
taxable year from any taxable year ending prior to
December 31, 1986 shall be reduced by the amount of
addition modification under this subparagraph (E)
which related to that net operating loss and which
was taken into account in calculating the base
income of an earlier taxable year, and
(ii) the addition modification relating to the
net operating loss carried back or forward to the
taxable year from any taxable year ending prior to
December 31, 1986 shall not exceed the amount of
such carryback or carryforward;
For taxable years in which there is a net operating
loss carryback or carryforward from more than one other
taxable year ending prior to December 31, 1986, the
addition modification provided in this subparagraph
(E) shall be the sum of the amounts computed
independently under the preceding provisions of this
subparagraph (E) for each such taxable year;
(E-5) For taxable years ending after December 31,

1997, an amount equal to any eligible remediation costs
that the corporation deducted in computing adjusted
gross income and for which the corporation claims a
credit under subsection (l) of Section 201;
(E-10) For taxable years 2001 and thereafter, an
amount equal to the bonus depreciation deduction taken
on the taxpayer's federal income tax return for the
taxable year under subsection (k) of Section 168 of the
Internal Revenue Code;
(E-11) If the taxpayer sells, transfers, abandons,
or otherwise disposes of property for which the
taxpayer was required in any taxable year to make an
addition modification under subparagraph (E-10), then
an amount equal to the aggregate amount of the
deductions taken in all taxable years under
subparagraph (T) with respect to that property.
If the taxpayer continues to own property through
the last day of the last tax year for which the
taxpayer may claim a depreciation deduction for
federal income tax purposes and for which the taxpayer
was allowed in any taxable year to make a subtraction
modification under subparagraph (T), then an amount
equal to that subtraction modification.
The taxpayer is required to make the addition
modification under this subparagraph only once with
respect to any one piece of property;

(E-12) An amount equal to the amount otherwise
allowed as a deduction in computing base income for
interest paid, accrued, or incurred, directly or
indirectly, (i) for taxable years ending on or after
December 31, 2004, to a foreign person who would be a
member of the same unitary business group but for the
fact the foreign person's business activity outside
the United States is 80% or more of the foreign
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304. The addition modification
required by this subparagraph shall be reduced to the
extent that dividends were included in base income of
the unitary group for the same taxable year and
received by the taxpayer or by a member of the
taxpayer's unitary business group (including amounts
included in gross income pursuant to Sections 951
through 964 of the Internal Revenue Code and amounts
included in gross income under Section 78 of the
Internal Revenue Code) with respect to the stock of the
same person to whom the interest was paid, accrued, or

incurred.
This paragraph shall not apply to the following:
(i) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person who
is subject in a foreign country or state, other
than a state which requires mandatory unitary
reporting, to a tax on or measured by net income
with respect to such interest; or
(ii) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer can establish, based on a
preponderance of the evidence, both of the
following:
(a) the person, during the same taxable
year, paid, accrued, or incurred, the interest
to a person that is not a related member, and
(b) the transaction giving rise to the
interest expense between the taxpayer and the
person did not have as a principal purpose the
avoidance of Illinois income tax, and is paid
pursuant to a contract or agreement that
reflects an arm's-length interest rate and
terms; or
(iii) the taxpayer can establish, based on
clear and convincing evidence, that the interest
paid, accrued, or incurred relates to a contract or

agreement entered into at arm's-length rates and
terms and the principal purpose for the payment is
not federal or Illinois tax avoidance; or
(iv) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer establishes by clear and convincing
evidence that the adjustments are unreasonable; or
if the taxpayer and the Director agree in writing
to the application or use of an alternative method
of apportionment under Section 304(f).
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act for
any tax year beginning after the effective date of
this amendment provided such adjustment is made
pursuant to regulation adopted by the Department
and such regulations provide methods and standards
by which the Department will utilize its authority
under Section 404 of this Act;
(E-13) An amount equal to the amount of intangible
expenses and costs otherwise allowed as a deduction in
computing base income, and that were paid, accrued, or
incurred, directly or indirectly, (i) for taxable
years ending on or after December 31, 2004, to a
foreign person who would be a member of the same
unitary business group but for the fact that the

foreign person's business activity outside the United
States is 80% or more of that person's total business
activity and (ii) for taxable years ending on or after
December 31, 2008, to a person who would be a member of
the same unitary business group but for the fact that
the person is prohibited under Section 1501(a)(27)
from being included in the unitary business group
because he or she is ordinarily required to apportion
business income under different subsections of Section
304. The addition modification required by this
subparagraph shall be reduced to the extent that
dividends were included in base income of the unitary
group for the same taxable year and received by the
taxpayer or by a member of the taxpayer's unitary
business group (including amounts included in gross
income pursuant to Sections 951 through 964 of the
Internal Revenue Code and amounts included in gross
income under Section 78 of the Internal Revenue Code)
with respect to the stock of the same person to whom
the intangible expenses and costs were directly or
indirectly paid, incurred, or accrued. The preceding
sentence shall not apply to the extent that the same
dividends caused a reduction to the addition
modification required under Section 203(b)(2)(E-12) of
this Act. As used in this subparagraph, the term
"intangible expenses and costs" includes (1) expenses,

losses, and costs for, or related to, the direct or
indirect acquisition, use, maintenance or management,
ownership, sale, exchange, or any other disposition of
intangible property; (2) losses incurred, directly or
indirectly, from factoring transactions or discounting
transactions; (3) royalty, patent, technical, and
copyright fees; (4) licensing fees; and (5) other
similar expenses and costs. For purposes of this
subparagraph, "intangible property" includes patents,
patent applications, trade names, trademarks, service
marks, copyrights, mask works, trade secrets, and
similar types of intangible assets.
This paragraph shall not apply to the following:
(i) any item of intangible expenses or costs
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person who is
subject in a foreign country or state, other than a
state which requires mandatory unitary reporting,
to a tax on or measured by net income with respect
to such item; or
(ii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, if the taxpayer can establish, based
on a preponderance of the evidence, both of the
following:
(a) the person during the same taxable

year paid, accrued, or incurred, the
intangible expense or cost to a person that is
not a related member, and
(b) the transaction giving rise to the
intangible expense or cost between the
taxpayer and the person did not have as a
principal purpose the avoidance of Illinois
income tax, and is paid pursuant to a contract
or agreement that reflects arm's-length terms;
or
(iii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person if the
taxpayer establishes by clear and convincing
evidence, that the adjustments are unreasonable;
or if the taxpayer and the Director agree in
writing to the application or use of an alternative
method of apportionment under Section 304(f);
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act for
any tax year beginning after the effective date of
this amendment provided such adjustment is made
pursuant to regulation adopted by the Department
and such regulations provide methods and standards
by which the Department will utilize its authority

under Section 404 of this Act;
(E-14) For taxable years ending on or after
December 31, 2008, an amount equal to the amount of
insurance premium expenses and costs otherwise allowed
as a deduction in computing base income, and that were
paid, accrued, or incurred, directly or indirectly, to
a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304. The
addition modification required by this subparagraph
shall be reduced to the extent that dividends were
included in base income of the unitary group for the
same taxable year and received by the taxpayer or by a
member of the taxpayer's unitary business group
(including amounts included in gross income under
Sections 951 through 964 of the Internal Revenue Code
and amounts included in gross income under Section 78
of the Internal Revenue Code) with respect to the stock
of the same person to whom the premiums and costs were
directly or indirectly paid, incurred, or accrued. The
preceding sentence does not apply to the extent that
the same dividends caused a reduction to the addition
modification required under Section 203(b)(2)(E-12) or

Section 203(b)(2)(E-13) of this Act;
(E-15) For taxable years beginning after December
31, 2008, any deduction for dividends paid by a captive
real estate investment trust that is allowed to a real
estate investment trust under Section 857(b)(2)(B) of
the Internal Revenue Code for dividends paid;
(E-16) An amount equal to the credit allowable to
the taxpayer under Section 218(a) of this Act,
determined without regard to Section 218(c) of this
Act;
and by deducting from the total so obtained the sum of the
following amounts:
(F) An amount equal to the amount of any tax
imposed by this Act which was refunded to the taxpayer
and included in such total for the taxable year;
(G) An amount equal to any amount included in such
total under Section 78 of the Internal Revenue Code;
(H) In the case of a regulated investment company,
an amount equal to the amount of exempt interest
dividends as defined in subsection (b) (5) of Section
852 of the Internal Revenue Code, paid to shareholders
for the taxable year;
(I) With the exception of any amounts subtracted
under subparagraph (J), an amount equal to the sum of
all amounts disallowed as deductions by (i) Sections
171(a) (2), and 265(a)(2) and amounts disallowed as

interest expense by Section 291(a)(3) of the Internal
Revenue Code, as now or hereafter amended, and all
amounts of expenses allocable to interest and
disallowed as deductions by Section 265(a)(1) of the
Internal Revenue Code, as now or hereafter amended; and
(ii) for taxable years ending on or after August 13,
1999, Sections 171(a)(2), 265, 280C, 291(a)(3), and
832(b)(5)(B)(i) of the Internal Revenue Code; the
provisions of this subparagraph are exempt from the
provisions of Section 250;
(J) An amount equal to all amounts included in such
total which are exempt from taxation by this State
either by reason of its statutes or Constitution or by
reason of the Constitution, treaties or statutes of the
United States; provided that, in the case of any
statute of this State that exempts income derived from
bonds or other obligations from the tax imposed under
this Act, the amount exempted shall be the interest net
of bond premium amortization;
(K) An amount equal to those dividends included in
such total which were paid by a corporation which
conducts business operations in an Enterprise Zone or
zones created under the Illinois Enterprise Zone Act or
a River Edge Redevelopment Zone or zones created under
the River Edge Redevelopment Zone Act and conducts
substantially all of its operations in an Enterprise

Zone or zones or a River Edge Redevelopment Zone or
zones. This subparagraph (K) is exempt from the
provisions of Section 250;
(L) An amount equal to those dividends included in
such total that were paid by a corporation that
conducts business operations in a federally designated
Foreign Trade Zone or Sub-Zone and that is designated a
High Impact Business located in Illinois; provided
that dividends eligible for the deduction provided in
subparagraph (K) of paragraph 2 of this subsection
shall not be eligible for the deduction provided under
this subparagraph (L);
(M) For any taxpayer that is a financial
organization within the meaning of Section 304(c) of
this Act, an amount included in such total as interest
income from a loan or loans made by such taxpayer to a
borrower, to the extent that such a loan is secured by
property which is eligible for the Enterprise Zone
Investment Credit or the River Edge Redevelopment Zone
Investment Credit. To determine the portion of a loan
or loans that is secured by property eligible for a
Section 201(f) investment credit to the borrower, the
entire principal amount of the loan or loans between
the taxpayer and the borrower should be divided into
the basis of the Section 201(f) investment credit
property which secures the loan or loans, using for

this purpose the original basis of such property on the
date that it was placed in service in the Enterprise
Zone or the River Edge Redevelopment Zone. The
subtraction modification available to taxpayer in any
year under this subsection shall be that portion of the
total interest paid by the borrower with respect to
such loan attributable to the eligible property as
calculated under the previous sentence. This
subparagraph (M) is exempt from the provisions of
Section 250;
(M-1) For any taxpayer that is a financial
organization within the meaning of Section 304(c) of
this Act, an amount included in such total as interest
income from a loan or loans made by such taxpayer to a
borrower, to the extent that such a loan is secured by
property which is eligible for the High Impact Business
Investment Credit. To determine the portion of a loan
or loans that is secured by property eligible for a
Section 201(h) investment credit to the borrower, the
entire principal amount of the loan or loans between
the taxpayer and the borrower should be divided into
the basis of the Section 201(h) investment credit
property which secures the loan or loans, using for
this purpose the original basis of such property on the
date that it was placed in service in a federally
designated Foreign Trade Zone or Sub-Zone located in

Illinois. No taxpayer that is eligible for the
deduction provided in subparagraph (M) of paragraph
(2) of this subsection shall be eligible for the
deduction provided under this subparagraph (M-1). The
subtraction modification available to taxpayers in any
year under this subsection shall be that portion of the
total interest paid by the borrower with respect to
such loan attributable to the eligible property as
calculated under the previous sentence;
(N) Two times any contribution made during the
taxable year to a designated zone organization to the
extent that the contribution (i) qualifies as a
charitable contribution under subsection (c) of
Section 170 of the Internal Revenue Code and (ii) must,
by its terms, be used for a project approved by the
Department of Commerce and Economic Opportunity under
Section 11 of the Illinois Enterprise Zone Act or under
Section 10-10 of the River Edge Redevelopment Zone Act.
This subparagraph (N) is exempt from the provisions of
Section 250;
(O) An amount equal to: (i) 85% for taxable years
ending on or before December 31, 1992, or, a percentage
equal to the percentage allowable under Section
243(a)(1) of the Internal Revenue Code of 1986 for
taxable years ending after December 31, 1992, of the
amount by which dividends included in taxable income

and received from a corporation that is not created or
organized under the laws of the United States or any
state or political subdivision thereof, including, for
taxable years ending on or after December 31, 1988,
dividends received or deemed received or paid or deemed
paid under Sections 951 through 964 of the Internal
Revenue Code, exceed the amount of the modification
provided under subparagraph (G) of paragraph (2) of
this subsection (b) which is related to such dividends,
and including, for taxable years ending on or after
December 31, 2008, dividends received from a captive
real estate investment trust; plus (ii) 100% of the
amount by which dividends, included in taxable income
and received, including, for taxable years ending on or
after December 31, 1988, dividends received or deemed
received or paid or deemed paid under Sections 951
through 964 of the Internal Revenue Code and including,
for taxable years ending on or after December 31, 2008,
dividends received from a captive real estate
investment trust, from any such corporation specified
in clause (i) that would but for the provisions of
Section 1504 (b) (3) of the Internal Revenue Code be
treated as a member of the affiliated group which
includes the dividend recipient, exceed the amount of
the modification provided under subparagraph (G) of
paragraph (2) of this subsection (b) which is related

to such dividends. This subparagraph (O) is exempt from
the provisions of Section 250 of this Act;
(P) An amount equal to any contribution made to a
job training project established pursuant to the Tax
Increment Allocation Redevelopment Act;
(Q) An amount equal to the amount of the deduction
used to compute the federal income tax credit for
restoration of substantial amounts held under claim of
right for the taxable year pursuant to Section 1341 of
the Internal Revenue Code of 1986;
(R) On and after July 20, 1999, in the case of an
attorney-in-fact with respect to whom an interinsurer
or a reciprocal insurer has made the election under
Section 835 of the Internal Revenue Code, 26 U.S.C.
835, an amount equal to the excess, if any, of the
amounts paid or incurred by that interinsurer or
reciprocal insurer in the taxable year to the
attorney-in-fact over the deduction allowed to that
interinsurer or reciprocal insurer with respect to the
attorney-in-fact under Section 835(b) of the Internal
Revenue Code for the taxable year; the provisions of
this subparagraph are exempt from the provisions of
Section 250;
(S) For taxable years ending on or after December
31, 1997, in the case of a Subchapter S corporation, an
amount equal to all amounts of income allocable to a

shareholder subject to the Personal Property Tax
Replacement Income Tax imposed by subsections (c) and
(d) of Section 201 of this Act, including amounts
allocable to organizations exempt from federal income
tax by reason of Section 501(a) of the Internal Revenue
Code. This subparagraph (S) is exempt from the
provisions of Section 250;
(T) For taxable years 2001 and thereafter, for the
taxable year in which the bonus depreciation deduction
is taken on the taxpayer's federal income tax return
under subsection (k) of Section 168 of the Internal
Revenue Code and for each applicable taxable year
thereafter, an amount equal to "x", where:
(1) "y" equals the amount of the depreciation
deduction taken for the taxable year on the
taxpayer's federal income tax return on property
for which the bonus depreciation deduction was
taken in any year under subsection (k) of Section
168 of the Internal Revenue Code, but not including
the bonus depreciation deduction;
(2) for taxable years ending on or before
December 31, 2005, "x" equals "y" multiplied by 30
and then divided by 70 (or "y" multiplied by
0.429); and
(3) for taxable years ending after December
31, 2005:

(i) for property on which a bonus
depreciation deduction of 30% of the adjusted
basis was taken, "x" equals "y" multiplied by
30 and then divided by 70 (or "y" multiplied by
0.429); and
(ii) for property on which a bonus
depreciation deduction of 50% of the adjusted
basis was taken, "x" equals "y" multiplied by
1.0.
The aggregate amount deducted under this
subparagraph in all taxable years for any one piece of
property may not exceed the amount of the bonus
depreciation deduction taken on that property on the
taxpayer's federal income tax return under subsection
(k) of Section 168 of the Internal Revenue Code. This
subparagraph (T) is exempt from the provisions of
Section 250;
(U) If the taxpayer sells, transfers, abandons, or
otherwise disposes of property for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (E-10), then an amount
equal to that addition modification.
If the taxpayer continues to own property through
the last day of the last tax year for which the
taxpayer may claim a depreciation deduction for
federal income tax purposes and for which the taxpayer

was required in any taxable year to make an addition
modification under subparagraph (E-10), then an amount
equal to that addition modification.
The taxpayer is allowed to take the deduction under
this subparagraph only once with respect to any one
piece of property.
This subparagraph (U) is exempt from the
provisions of Section 250;
(V) The amount of: (i) any interest income (net of
the deductions allocable thereto) taken into account
for the taxable year with respect to a transaction with
a taxpayer that is required to make an addition
modification with respect to such transaction under
Section 203(a)(2)(D-17), 203(b)(2)(E-12),
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
the amount of such addition modification, (ii) any
income from intangible property (net of the deductions
allocable thereto) taken into account for the taxable
year with respect to a transaction with a taxpayer that
is required to make an addition modification with
respect to such transaction under Section
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
203(d)(2)(D-8), but not to exceed the amount of such
addition modification, and (iii) any insurance premium
income (net of deductions allocable thereto) taken
into account for the taxable year with respect to a

transaction with a taxpayer that is required to make an
addition modification with respect to such transaction
under Section 203(a)(2)(D-19), Section
203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section
203(d)(2)(D-9), but not to exceed the amount of that
addition modification. This subparagraph (V) is exempt
from the provisions of Section 250;
(W) An amount equal to the interest income taken
into account for the taxable year (net of the
deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but for
the fact that the foreign person's business activity
outside the United States is 80% or more of that
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304, but not to exceed the
addition modification required to be made for the same
taxable year under Section 203(b)(2)(E-12) for
interest paid, accrued, or incurred, directly or
indirectly, to the same person. This subparagraph (W)

is exempt from the provisions of Section 250; and
(X) An amount equal to the income from intangible
property taken into account for the taxable year (net
of the deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but for
the fact that the foreign person's business activity
outside the United States is 80% or more of that
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304, but not to exceed the
addition modification required to be made for the same
taxable year under Section 203(b)(2)(E-13) for
intangible expenses and costs paid, accrued, or
incurred, directly or indirectly, to the same foreign
person. This subparagraph (X) is exempt from the
provisions of Section 250.
(3) Special rule. For purposes of paragraph (2) (A),
"gross income" in the case of a life insurance company, for
tax years ending on and after December 31, 1994, shall mean
the gross investment income for the taxable year.

(c) Trusts and estates.
(1) In general. In the case of a trust or estate, base
income means an amount equal to the taxpayer's taxable
income for the taxable year as modified by paragraph (2).
(2) Modifications. Subject to the provisions of
paragraph (3), the taxable income referred to in paragraph
(1) shall be modified by adding thereto the sum of the
following amounts:
(A) An amount equal to all amounts paid or accrued
to the taxpayer as interest or dividends during the
taxable year to the extent excluded from gross income
in the computation of taxable income;
(B) In the case of (i) an estate, $600; (ii) a
trust which, under its governing instrument, is
required to distribute all of its income currently,
$300; and (iii) any other trust, $100, but in each such
case, only to the extent such amount was deducted in
the computation of taxable income;
(C) An amount equal to the amount of tax imposed by
this Act to the extent deducted from gross income in
the computation of taxable income for the taxable year;
(D) The amount of any net operating loss deduction
taken in arriving at taxable income, other than a net
operating loss carried forward from a taxable year
ending prior to December 31, 1986;

(E) For taxable years in which a net operating loss
carryback or carryforward from a taxable year ending
prior to December 31, 1986 is an element of taxable
income under paragraph (1) of subsection (e) or
subparagraph (E) of paragraph (2) of subsection (e),
the amount by which addition modifications other than
those provided by this subparagraph (E) exceeded
subtraction modifications in such taxable year, with
the following limitations applied in the order that
they are listed:
(i) the addition modification relating to the
net operating loss carried back or forward to the
taxable year from any taxable year ending prior to
December 31, 1986 shall be reduced by the amount of
addition modification under this subparagraph (E)
which related to that net operating loss and which
was taken into account in calculating the base
income of an earlier taxable year, and
(ii) the addition modification relating to the
net operating loss carried back or forward to the
taxable year from any taxable year ending prior to
December 31, 1986 shall not exceed the amount of
such carryback or carryforward;
For taxable years in which there is a net operating
loss carryback or carryforward from more than one other
taxable year ending prior to December 31, 1986, the

addition modification provided in this subparagraph
(E) shall be the sum of the amounts computed
independently under the preceding provisions of this
subparagraph (E) for each such taxable year;
(F) For taxable years ending on or after January 1,
1989, an amount equal to the tax deducted pursuant to
Section 164 of the Internal Revenue Code if the trust
or estate is claiming the same tax for purposes of the
Illinois foreign tax credit under Section 601 of this
Act;
(G) An amount equal to the amount of the capital
gain deduction allowable under the Internal Revenue
Code, to the extent deducted from gross income in the
computation of taxable income;
(G-5) For taxable years ending after December 31,
1997, an amount equal to any eligible remediation costs
that the trust or estate deducted in computing adjusted
gross income and for which the trust or estate claims a
credit under subsection (l) of Section 201;
(G-10) For taxable years 2001 and thereafter, an
amount equal to the bonus depreciation deduction taken
on the taxpayer's federal income tax return for the
taxable year under subsection (k) of Section 168 of the
Internal Revenue Code; and
(G-11) If the taxpayer sells, transfers, abandons,
or otherwise disposes of property for which the

taxpayer was required in any taxable year to make an
addition modification under subparagraph (G-10), then
an amount equal to the aggregate amount of the
deductions taken in all taxable years under
subparagraph (R) with respect to that property.
If the taxpayer continues to own property through
the last day of the last tax year for which the
taxpayer may claim a depreciation deduction for
federal income tax purposes and for which the taxpayer
was allowed in any taxable year to make a subtraction
modification under subparagraph (R), then an amount
equal to that subtraction modification.
The taxpayer is required to make the addition
modification under this subparagraph only once with
respect to any one piece of property;
(G-12) An amount equal to the amount otherwise
allowed as a deduction in computing base income for
interest paid, accrued, or incurred, directly or
indirectly, (i) for taxable years ending on or after
December 31, 2004, to a foreign person who would be a
member of the same unitary business group but for the
fact that the foreign person's business activity
outside the United States is 80% or more of the foreign
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business

group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304. The addition modification
required by this subparagraph shall be reduced to the
extent that dividends were included in base income of
the unitary group for the same taxable year and
received by the taxpayer or by a member of the
taxpayer's unitary business group (including amounts
included in gross income pursuant to Sections 951
through 964 of the Internal Revenue Code and amounts
included in gross income under Section 78 of the
Internal Revenue Code) with respect to the stock of the
same person to whom the interest was paid, accrued, or
incurred.
This paragraph shall not apply to the following:
(i) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person who
is subject in a foreign country or state, other
than a state which requires mandatory unitary
reporting, to a tax on or measured by net income
with respect to such interest; or
(ii) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer can establish, based on a

preponderance of the evidence, both of the
following:
(a) the person, during the same taxable
year, paid, accrued, or incurred, the interest
to a person that is not a related member, and
(b) the transaction giving rise to the
interest expense between the taxpayer and the
person did not have as a principal purpose the
avoidance of Illinois income tax, and is paid
pursuant to a contract or agreement that
reflects an arm's-length interest rate and
terms; or
(iii) the taxpayer can establish, based on
clear and convincing evidence, that the interest
paid, accrued, or incurred relates to a contract or
agreement entered into at arm's-length rates and
terms and the principal purpose for the payment is
not federal or Illinois tax avoidance; or
(iv) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer establishes by clear and convincing
evidence that the adjustments are unreasonable; or
if the taxpayer and the Director agree in writing
to the application or use of an alternative method
of apportionment under Section 304(f).
Nothing in this subsection shall preclude the

Director from making any other adjustment
otherwise allowed under Section 404 of this Act for
any tax year beginning after the effective date of
this amendment provided such adjustment is made
pursuant to regulation adopted by the Department
and such regulations provide methods and standards
by which the Department will utilize its authority
under Section 404 of this Act;
(G-13) An amount equal to the amount of intangible
expenses and costs otherwise allowed as a deduction in
computing base income, and that were paid, accrued, or
incurred, directly or indirectly, (i) for taxable
years ending on or after December 31, 2004, to a
foreign person who would be a member of the same
unitary business group but for the fact that the
foreign person's business activity outside the United
States is 80% or more of that person's total business
activity and (ii) for taxable years ending on or after
December 31, 2008, to a person who would be a member of
the same unitary business group but for the fact that
the person is prohibited under Section 1501(a)(27)
from being included in the unitary business group
because he or she is ordinarily required to apportion
business income under different subsections of Section
304. The addition modification required by this
subparagraph shall be reduced to the extent that

dividends were included in base income of the unitary
group for the same taxable year and received by the
taxpayer or by a member of the taxpayer's unitary
business group (including amounts included in gross
income pursuant to Sections 951 through 964 of the
Internal Revenue Code and amounts included in gross
income under Section 78 of the Internal Revenue Code)
with respect to the stock of the same person to whom
the intangible expenses and costs were directly or
indirectly paid, incurred, or accrued. The preceding
sentence shall not apply to the extent that the same
dividends caused a reduction to the addition
modification required under Section 203(c)(2)(G-12) of
this Act. As used in this subparagraph, the term
"intangible expenses and costs" includes: (1)
expenses, losses, and costs for or related to the
direct or indirect acquisition, use, maintenance or
management, ownership, sale, exchange, or any other
disposition of intangible property; (2) losses
incurred, directly or indirectly, from factoring
transactions or discounting transactions; (3) royalty,
patent, technical, and copyright fees; (4) licensing
fees; and (5) other similar expenses and costs. For
purposes of this subparagraph, "intangible property"
includes patents, patent applications, trade names,
trademarks, service marks, copyrights, mask works,

trade secrets, and similar types of intangible assets.
This paragraph shall not apply to the following:
(i) any item of intangible expenses or costs
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person who is
subject in a foreign country or state, other than a
state which requires mandatory unitary reporting,
to a tax on or measured by net income with respect
to such item; or
(ii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, if the taxpayer can establish, based
on a preponderance of the evidence, both of the
following:
(a) the person during the same taxable
year paid, accrued, or incurred, the
intangible expense or cost to a person that is
not a related member, and
(b) the transaction giving rise to the
intangible expense or cost between the
taxpayer and the person did not have as a
principal purpose the avoidance of Illinois
income tax, and is paid pursuant to a contract
or agreement that reflects arm's-length terms;
or
(iii) any item of intangible expense or cost

paid, accrued, or incurred, directly or
indirectly, from a transaction with a person if the
taxpayer establishes by clear and convincing
evidence, that the adjustments are unreasonable;
or if the taxpayer and the Director agree in
writing to the application or use of an alternative
method of apportionment under Section 304(f);
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act for
any tax year beginning after the effective date of
this amendment provided such adjustment is made
pursuant to regulation adopted by the Department
and such regulations provide methods and standards
by which the Department will utilize its authority
under Section 404 of this Act;
(G-14) For taxable years ending on or after
December 31, 2008, an amount equal to the amount of
insurance premium expenses and costs otherwise allowed
as a deduction in computing base income, and that were
paid, accrued, or incurred, directly or indirectly, to
a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business

income under different subsections of Section 304. The
addition modification required by this subparagraph
shall be reduced to the extent that dividends were
included in base income of the unitary group for the
same taxable year and received by the taxpayer or by a
member of the taxpayer's unitary business group
(including amounts included in gross income under
Sections 951 through 964 of the Internal Revenue Code
and amounts included in gross income under Section 78
of the Internal Revenue Code) with respect to the stock
of the same person to whom the premiums and costs were
directly or indirectly paid, incurred, or accrued. The
preceding sentence does not apply to the extent that
the same dividends caused a reduction to the addition
modification required under Section 203(c)(2)(G-12) or
Section 203(c)(2)(G-13) of this Act;
(G-15) An amount equal to the credit allowable to
the taxpayer under Section 218(a) of this Act,
determined without regard to Section 218(c) of this
Act;
and by deducting from the total so obtained the sum of the
following amounts:
(H) An amount equal to all amounts included in such
total pursuant to the provisions of Sections 402(a),
402(c), 403(a), 403(b), 406(a), 407(a) and 408 of the
Internal Revenue Code or included in such total as

distributions under the provisions of any retirement
or disability plan for employees of any governmental
agency or unit, or retirement payments to retired
partners, which payments are excluded in computing net
earnings from self employment by Section 1402 of the
Internal Revenue Code and regulations adopted pursuant
thereto;
(I) The valuation limitation amount;
(J) An amount equal to the amount of any tax
imposed by this Act which was refunded to the taxpayer
and included in such total for the taxable year;
(K) An amount equal to all amounts included in
taxable income as modified by subparagraphs (A), (B),
(C), (D), (E), (F) and (G) which are exempt from
taxation by this State either by reason of its statutes
or Constitution or by reason of the Constitution,
treaties or statutes of the United States; provided
that, in the case of any statute of this State that
exempts income derived from bonds or other obligations
from the tax imposed under this Act, the amount
exempted shall be the interest net of bond premium
amortization;
(L) With the exception of any amounts subtracted
under subparagraph (K), an amount equal to the sum of
all amounts disallowed as deductions by (i) Sections
171(a) (2) and 265(a)(2) of the Internal Revenue Code,

as now or hereafter amended, and all amounts of
expenses allocable to interest and disallowed as
deductions by Section 265(1) of the Internal Revenue
Code of 1954, as now or hereafter amended; and (ii) for
taxable years ending on or after August 13, 1999,
Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of
the Internal Revenue Code; the provisions of this
subparagraph are exempt from the provisions of Section
250;
(M) An amount equal to those dividends included in
such total which were paid by a corporation which
conducts business operations in an Enterprise Zone or
zones created under the Illinois Enterprise Zone Act or
a River Edge Redevelopment Zone or zones created under
the River Edge Redevelopment Zone Act and conducts
substantially all of its operations in an Enterprise
Zone or Zones or a River Edge Redevelopment Zone or
zones. This subparagraph (M) is exempt from the
provisions of Section 250;
(N) An amount equal to any contribution made to a
job training project established pursuant to the Tax
Increment Allocation Redevelopment Act;
(O) An amount equal to those dividends included in
such total that were paid by a corporation that
conducts business operations in a federally designated
Foreign Trade Zone or Sub-Zone and that is designated a

High Impact Business located in Illinois; provided
that dividends eligible for the deduction provided in
subparagraph (M) of paragraph (2) of this subsection
shall not be eligible for the deduction provided under
this subparagraph (O);
(P) An amount equal to the amount of the deduction
used to compute the federal income tax credit for
restoration of substantial amounts held under claim of
right for the taxable year pursuant to Section 1341 of
the Internal Revenue Code of 1986;
(Q) For taxable year 1999 and thereafter, an amount
equal to the amount of any (i) distributions, to the
extent includible in gross income for federal income
tax purposes, made to the taxpayer because of his or
her status as a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime or as an heir of the victim and (ii) items of
income, to the extent includible in gross income for
federal income tax purposes, attributable to, derived
from or in any way related to assets stolen from,
hidden from, or otherwise lost to a victim of
persecution for racial or religious reasons by Nazi
Germany or any other Axis regime immediately prior to,
during, and immediately after World War II, including,
but not limited to, interest on the proceeds receivable
as insurance under policies issued to a victim of

persecution for racial or religious reasons by Nazi
Germany or any other Axis regime by European insurance
companies immediately prior to and during World War II;
provided, however, this subtraction from federal
adjusted gross income does not apply to assets acquired
with such assets or with the proceeds from the sale of
such assets; provided, further, this paragraph shall
only apply to a taxpayer who was the first recipient of
such assets after their recovery and who is a victim of
persecution for racial or religious reasons by Nazi
Germany or any other Axis regime or as an heir of the
victim. The amount of and the eligibility for any
public assistance, benefit, or similar entitlement is
not affected by the inclusion of items (i) and (ii) of
this paragraph in gross income for federal income tax
purposes. This paragraph is exempt from the provisions
of Section 250;
(R) For taxable years 2001 and thereafter, for the
taxable year in which the bonus depreciation deduction
is taken on the taxpayer's federal income tax return
under subsection (k) of Section 168 of the Internal
Revenue Code and for each applicable taxable year
thereafter, an amount equal to "x", where:
(1) "y" equals the amount of the depreciation
deduction taken for the taxable year on the
taxpayer's federal income tax return on property

for which the bonus depreciation deduction was
taken in any year under subsection (k) of Section
168 of the Internal Revenue Code, but not including
the bonus depreciation deduction;
(2) for taxable years ending on or before
December 31, 2005, "x" equals "y" multiplied by 30
and then divided by 70 (or "y" multiplied by
0.429); and
(3) for taxable years ending after December
31, 2005:
(i) for property on which a bonus
depreciation deduction of 30% of the adjusted
basis was taken, "x" equals "y" multiplied by
30 and then divided by 70 (or "y" multiplied by
0.429); and
(ii) for property on which a bonus
depreciation deduction of 50% of the adjusted
basis was taken, "x" equals "y" multiplied by
1.0.
The aggregate amount deducted under this
subparagraph in all taxable years for any one piece of
property may not exceed the amount of the bonus
depreciation deduction taken on that property on the
taxpayer's federal income tax return under subsection
(k) of Section 168 of the Internal Revenue Code. This
subparagraph (R) is exempt from the provisions of

Section 250;
(S) If the taxpayer sells, transfers, abandons, or
otherwise disposes of property for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (G-10), then an amount
equal to that addition modification.
If the taxpayer continues to own property through
the last day of the last tax year for which the
taxpayer may claim a depreciation deduction for
federal income tax purposes and for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (G-10), then an amount
equal to that addition modification.
The taxpayer is allowed to take the deduction under
this subparagraph only once with respect to any one
piece of property.
This subparagraph (S) is exempt from the
provisions of Section 250;
(T) The amount of (i) any interest income (net of
the deductions allocable thereto) taken into account
for the taxable year with respect to a transaction with
a taxpayer that is required to make an addition
modification with respect to such transaction under
Section 203(a)(2)(D-17), 203(b)(2)(E-12),
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
the amount of such addition modification and (ii) any

income from intangible property (net of the deductions
allocable thereto) taken into account for the taxable
year with respect to a transaction with a taxpayer that
is required to make an addition modification with
respect to such transaction under Section
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
203(d)(2)(D-8), but not to exceed the amount of such
addition modification. This subparagraph (T) is exempt
from the provisions of Section 250;
(U) An amount equal to the interest income taken
into account for the taxable year (net of the
deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but for
the fact the foreign person's business activity
outside the United States is 80% or more of that
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304, but not to exceed the
addition modification required to be made for the same
taxable year under Section 203(c)(2)(G-12) for

interest paid, accrued, or incurred, directly or
indirectly, to the same person. This subparagraph (U)
is exempt from the provisions of Section 250; and
(V) An amount equal to the income from intangible
property taken into account for the taxable year (net
of the deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but for
the fact that the foreign person's business activity
outside the United States is 80% or more of that
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304, but not to exceed the
addition modification required to be made for the same
taxable year under Section 203(c)(2)(G-13) for
intangible expenses and costs paid, accrued, or
incurred, directly or indirectly, to the same foreign
person. This subparagraph (V) is exempt from the
provisions of Section 250.
(3) Limitation. The amount of any modification
otherwise required under this subsection shall, under

regulations prescribed by the Department, be adjusted by
any amounts included therein which were properly paid,
credited, or required to be distributed, or permanently set
aside for charitable purposes pursuant to Internal Revenue
Code Section 642(c) during the taxable year.
(d) Partnerships.
(1) In general. In the case of a partnership, base
income means an amount equal to the taxpayer's taxable
income for the taxable year as modified by paragraph (2).
(2) Modifications. The taxable income referred to in
paragraph (1) shall be modified by adding thereto the sum
of the following amounts:
(A) An amount equal to all amounts paid or accrued
to the taxpayer as interest or dividends during the
taxable year to the extent excluded from gross income
in the computation of taxable income;
(B) An amount equal to the amount of tax imposed by
this Act to the extent deducted from gross income for
the taxable year;
(C) The amount of deductions allowed to the
partnership pursuant to Section 707 (c) of the Internal
Revenue Code in calculating its taxable income;
(D) An amount equal to the amount of the capital
gain deduction allowable under the Internal Revenue
Code, to the extent deducted from gross income in the

computation of taxable income;
(D-5) For taxable years 2001 and thereafter, an
amount equal to the bonus depreciation deduction taken
on the taxpayer's federal income tax return for the
taxable year under subsection (k) of Section 168 of the
Internal Revenue Code;
(D-6) If the taxpayer sells, transfers, abandons,
or otherwise disposes of property for which the
taxpayer was required in any taxable year to make an
addition modification under subparagraph (D-5), then
an amount equal to the aggregate amount of the
deductions taken in all taxable years under
subparagraph (O) with respect to that property.
If the taxpayer continues to own property through
the last day of the last tax year for which the
taxpayer may claim a depreciation deduction for
federal income tax purposes and for which the taxpayer
was allowed in any taxable year to make a subtraction
modification under subparagraph (O), then an amount
equal to that subtraction modification.
The taxpayer is required to make the addition
modification under this subparagraph only once with
respect to any one piece of property;
(D-7) An amount equal to the amount otherwise
allowed as a deduction in computing base income for
interest paid, accrued, or incurred, directly or

indirectly, (i) for taxable years ending on or after
December 31, 2004, to a foreign person who would be a
member of the same unitary business group but for the
fact the foreign person's business activity outside
the United States is 80% or more of the foreign
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304. The addition modification
required by this subparagraph shall be reduced to the
extent that dividends were included in base income of
the unitary group for the same taxable year and
received by the taxpayer or by a member of the
taxpayer's unitary business group (including amounts
included in gross income pursuant to Sections 951
through 964 of the Internal Revenue Code and amounts
included in gross income under Section 78 of the
Internal Revenue Code) with respect to the stock of the
same person to whom the interest was paid, accrued, or
incurred.
This paragraph shall not apply to the following:
(i) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person who
is subject in a foreign country or state, other
than a state which requires mandatory unitary
reporting, to a tax on or measured by net income
with respect to such interest; or
(ii) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer can establish, based on a
preponderance of the evidence, both of the
following:
(a) the person, during the same taxable
year, paid, accrued, or incurred, the interest
to a person that is not a related member, and
(b) the transaction giving rise to the
interest expense between the taxpayer and the
person did not have as a principal purpose the
avoidance of Illinois income tax, and is paid
pursuant to a contract or agreement that
reflects an arm's-length interest rate and
terms; or
(iii) the taxpayer can establish, based on
clear and convincing evidence, that the interest
paid, accrued, or incurred relates to a contract or
agreement entered into at arm's-length rates and
terms and the principal purpose for the payment is
not federal or Illinois tax avoidance; or

(iv) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer establishes by clear and convincing
evidence that the adjustments are unreasonable; or
if the taxpayer and the Director agree in writing
to the application or use of an alternative method
of apportionment under Section 304(f).
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act for
any tax year beginning after the effective date of
this amendment provided such adjustment is made
pursuant to regulation adopted by the Department
and such regulations provide methods and standards
by which the Department will utilize its authority
under Section 404 of this Act; and
(D-8) An amount equal to the amount of intangible
expenses and costs otherwise allowed as a deduction in
computing base income, and that were paid, accrued, or
incurred, directly or indirectly, (i) for taxable
years ending on or after December 31, 2004, to a
foreign person who would be a member of the same
unitary business group but for the fact that the
foreign person's business activity outside the United
States is 80% or more of that person's total business
activity and (ii) for taxable years ending on or after

December 31, 2008, to a person who would be a member of
the same unitary business group but for the fact that
the person is prohibited under Section 1501(a)(27)
from being included in the unitary business group
because he or she is ordinarily required to apportion
business income under different subsections of Section
304. The addition modification required by this
subparagraph shall be reduced to the extent that
dividends were included in base income of the unitary
group for the same taxable year and received by the
taxpayer or by a member of the taxpayer's unitary
business group (including amounts included in gross
income pursuant to Sections 951 through 964 of the
Internal Revenue Code and amounts included in gross
income under Section 78 of the Internal Revenue Code)
with respect to the stock of the same person to whom
the intangible expenses and costs were directly or
indirectly paid, incurred or accrued. The preceding
sentence shall not apply to the extent that the same
dividends caused a reduction to the addition
modification required under Section 203(d)(2)(D-7) of
this Act. As used in this subparagraph, the term
"intangible expenses and costs" includes (1) expenses,
losses, and costs for, or related to, the direct or
indirect acquisition, use, maintenance or management,
ownership, sale, exchange, or any other disposition of

intangible property; (2) losses incurred, directly or
indirectly, from factoring transactions or discounting
transactions; (3) royalty, patent, technical, and
copyright fees; (4) licensing fees; and (5) other
similar expenses and costs. For purposes of this
subparagraph, "intangible property" includes patents,
patent applications, trade names, trademarks, service
marks, copyrights, mask works, trade secrets, and
similar types of intangible assets;
This paragraph shall not apply to the following:
(i) any item of intangible expenses or costs
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person who is
subject in a foreign country or state, other than a
state which requires mandatory unitary reporting,
to a tax on or measured by net income with respect
to such item; or
(ii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, if the taxpayer can establish, based
on a preponderance of the evidence, both of the
following:
(a) the person during the same taxable
year paid, accrued, or incurred, the
intangible expense or cost to a person that is
not a related member, and

(b) the transaction giving rise to the
intangible expense or cost between the
taxpayer and the person did not have as a
principal purpose the avoidance of Illinois
income tax, and is paid pursuant to a contract
or agreement that reflects arm's-length terms;
or
(iii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person if the
taxpayer establishes by clear and convincing
evidence, that the adjustments are unreasonable;
or if the taxpayer and the Director agree in
writing to the application or use of an alternative
method of apportionment under Section 304(f);
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act for
any tax year beginning after the effective date of
this amendment provided such adjustment is made
pursuant to regulation adopted by the Department
and such regulations provide methods and standards
by which the Department will utilize its authority
under Section 404 of this Act;
(D-9) For taxable years ending on or after December
31, 2008, an amount equal to the amount of insurance

premium expenses and costs otherwise allowed as a
deduction in computing base income, and that were paid,
accrued, or incurred, directly or indirectly, to a
person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304. The
addition modification required by this subparagraph
shall be reduced to the extent that dividends were
included in base income of the unitary group for the
same taxable year and received by the taxpayer or by a
member of the taxpayer's unitary business group
(including amounts included in gross income under
Sections 951 through 964 of the Internal Revenue Code
and amounts included in gross income under Section 78
of the Internal Revenue Code) with respect to the stock
of the same person to whom the premiums and costs were
directly or indirectly paid, incurred, or accrued. The
preceding sentence does not apply to the extent that
the same dividends caused a reduction to the addition
modification required under Section 203(d)(2)(D-7) or
Section 203(d)(2)(D-8) of this Act;
(D-10) An amount equal to the credit allowable to
the taxpayer under Section 218(a) of this Act,

determined without regard to Section 218(c) of this
Act;
and by deducting from the total so obtained the following
amounts:
(E) The valuation limitation amount;
(F) An amount equal to the amount of any tax
imposed by this Act which was refunded to the taxpayer
and included in such total for the taxable year;
(G) An amount equal to all amounts included in
taxable income as modified by subparagraphs (A), (B),
(C) and (D) which are exempt from taxation by this
State either by reason of its statutes or Constitution
or by reason of the Constitution, treaties or statutes
of the United States; provided that, in the case of any
statute of this State that exempts income derived from
bonds or other obligations from the tax imposed under
this Act, the amount exempted shall be the interest net
of bond premium amortization;
(H) Any income of the partnership which
constitutes personal service income as defined in
Section 1348 (b) (1) of the Internal Revenue Code (as
in effect December 31, 1981) or a reasonable allowance
for compensation paid or accrued for services rendered
by partners to the partnership, whichever is greater;
(I) An amount equal to all amounts of income
distributable to an entity subject to the Personal

Property Tax Replacement Income Tax imposed by
subsections (c) and (d) of Section 201 of this Act
including amounts distributable to organizations
exempt from federal income tax by reason of Section
501(a) of the Internal Revenue Code;
(J) With the exception of any amounts subtracted
under subparagraph (G), an amount equal to the sum of
all amounts disallowed as deductions by (i) Sections
171(a) (2), and 265(2) of the Internal Revenue Code of
1954, as now or hereafter amended, and all amounts of
expenses allocable to interest and disallowed as
deductions by Section 265(1) of the Internal Revenue
Code, as now or hereafter amended; and (ii) for taxable
years ending on or after August 13, 1999, Sections
171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
Internal Revenue Code; the provisions of this
subparagraph are exempt from the provisions of Section
250;
(K) An amount equal to those dividends included in
such total which were paid by a corporation which
conducts business operations in an Enterprise Zone or
zones created under the Illinois Enterprise Zone Act,
enacted by the 82nd General Assembly, or a River Edge
Redevelopment Zone or zones created under the River
Edge Redevelopment Zone Act and conducts substantially
all of its operations in an Enterprise Zone or Zones or

from a River Edge Redevelopment Zone or zones. This
subparagraph (K) is exempt from the provisions of
Section 250;
(L) An amount equal to any contribution made to a
job training project established pursuant to the Real
Property Tax Increment Allocation Redevelopment Act;
(M) An amount equal to those dividends included in
such total that were paid by a corporation that
conducts business operations in a federally designated
Foreign Trade Zone or Sub-Zone and that is designated a
High Impact Business located in Illinois; provided
that dividends eligible for the deduction provided in
subparagraph (K) of paragraph (2) of this subsection
shall not be eligible for the deduction provided under
this subparagraph (M);
(N) An amount equal to the amount of the deduction
used to compute the federal income tax credit for
restoration of substantial amounts held under claim of
right for the taxable year pursuant to Section 1341 of
the Internal Revenue Code of 1986;
(O) For taxable years 2001 and thereafter, for the
taxable year in which the bonus depreciation deduction
is taken on the taxpayer's federal income tax return
under subsection (k) of Section 168 of the Internal
Revenue Code and for each applicable taxable year
thereafter, an amount equal to "x", where:

(1) "y" equals the amount of the depreciation
deduction taken for the taxable year on the
taxpayer's federal income tax return on property
for which the bonus depreciation deduction was
taken in any year under subsection (k) of Section
168 of the Internal Revenue Code, but not including
the bonus depreciation deduction;
(2) for taxable years ending on or before
December 31, 2005, "x" equals "y" multiplied by 30
and then divided by 70 (or "y" multiplied by
0.429); and
(3) for taxable years ending after December
31, 2005:
(i) for property on which a bonus
depreciation deduction of 30% of the adjusted
basis was taken, "x" equals "y" multiplied by
30 and then divided by 70 (or "y" multiplied by
0.429); and
(ii) for property on which a bonus
depreciation deduction of 50% of the adjusted
basis was taken, "x" equals "y" multiplied by
1.0.
The aggregate amount deducted under this
subparagraph in all taxable years for any one piece of
property may not exceed the amount of the bonus
depreciation deduction taken on that property on the

taxpayer's federal income tax return under subsection
(k) of Section 168 of the Internal Revenue Code. This
subparagraph (O) is exempt from the provisions of
Section 250;
(P) If the taxpayer sells, transfers, abandons, or
otherwise disposes of property for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (D-5), then an amount
equal to that addition modification.
If the taxpayer continues to own property through
the last day of the last tax year for which the
taxpayer may claim a depreciation deduction for
federal income tax purposes and for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (D-5), then an amount
equal to that addition modification.
The taxpayer is allowed to take the deduction under
this subparagraph only once with respect to any one
piece of property.
This subparagraph (P) is exempt from the
provisions of Section 250;
(Q) The amount of (i) any interest income (net of
the deductions allocable thereto) taken into account
for the taxable year with respect to a transaction with
a taxpayer that is required to make an addition
modification with respect to such transaction under

Section 203(a)(2)(D-17), 203(b)(2)(E-12),
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
the amount of such addition modification and (ii) any
income from intangible property (net of the deductions
allocable thereto) taken into account for the taxable
year with respect to a transaction with a taxpayer that
is required to make an addition modification with
respect to such transaction under Section
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
203(d)(2)(D-8), but not to exceed the amount of such
addition modification. This subparagraph (Q) is exempt
from Section 250;
(R) An amount equal to the interest income taken
into account for the taxable year (net of the
deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but for
the fact that the foreign person's business activity
outside the United States is 80% or more of that
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different

subsections of Section 304, but not to exceed the
addition modification required to be made for the same
taxable year under Section 203(d)(2)(D-7) for interest
paid, accrued, or incurred, directly or indirectly, to
the same person. This subparagraph (R) is exempt from
Section 250; and
(S) An amount equal to the income from intangible
property taken into account for the taxable year (net
of the deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but for
the fact that the foreign person's business activity
outside the United States is 80% or more of that
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304, but not to exceed the
addition modification required to be made for the same
taxable year under Section 203(d)(2)(D-8) for
intangible expenses and costs paid, accrued, or
incurred, directly or indirectly, to the same person.
This subparagraph (S) is exempt from Section 250.

(e) Gross income; adjusted gross income; taxable income.
(1) In general. Subject to the provisions of paragraph
(2) and subsection (b) (3), for purposes of this Section
and Section 803(e), a taxpayer's gross income, adjusted
gross income, or taxable income for the taxable year shall
mean the amount of gross income, adjusted gross income or
taxable income properly reportable for federal income tax
purposes for the taxable year under the provisions of the
Internal Revenue Code. Taxable income may be less than
zero. However, for taxable years ending on or after
December 31, 1986, net operating loss carryforwards from
taxable years ending prior to December 31, 1986, may not
exceed the sum of federal taxable income for the taxable
year before net operating loss deduction, plus the excess
of addition modifications over subtraction modifications
for the taxable year. For taxable years ending prior to
December 31, 1986, taxable income may never be an amount in
excess of the net operating loss for the taxable year as
defined in subsections (c) and (d) of Section 172 of the
Internal Revenue Code, provided that when taxable income of
a corporation (other than a Subchapter S corporation),
trust, or estate is less than zero and addition
modifications, other than those provided by subparagraph
(E) of paragraph (2) of subsection (b) for corporations or
subparagraph (E) of paragraph (2) of subsection (c) for

trusts and estates, exceed subtraction modifications, an
addition modification must be made under those
subparagraphs for any other taxable year to which the
taxable income less than zero (net operating loss) is
applied under Section 172 of the Internal Revenue Code or
under subparagraph (E) of paragraph (2) of this subsection
(e) applied in conjunction with Section 172 of the Internal
Revenue Code.
(2) Special rule. For purposes of paragraph (1) of this
subsection, the taxable income properly reportable for
federal income tax purposes shall mean:
(A) Certain life insurance companies. In the case
of a life insurance company subject to the tax imposed
by Section 801 of the Internal Revenue Code, life
insurance company taxable income, plus the amount of
distribution from pre-1984 policyholder surplus
accounts as calculated under Section 815a of the
Internal Revenue Code;
(B) Certain other insurance companies. In the case
of mutual insurance companies subject to the tax
imposed by Section 831 of the Internal Revenue Code,
insurance company taxable income;
(C) Regulated investment companies. In the case of
a regulated investment company subject to the tax
imposed by Section 852 of the Internal Revenue Code,
investment company taxable income;

(D) Real estate investment trusts. In the case of a
real estate investment trust subject to the tax imposed
by Section 857 of the Internal Revenue Code, real
estate investment trust taxable income;
(E) Consolidated corporations. In the case of a
corporation which is a member of an affiliated group of
corporations filing a consolidated income tax return
for the taxable year for federal income tax purposes,
taxable income determined as if such corporation had
filed a separate return for federal income tax purposes
for the taxable year and each preceding taxable year
for which it was a member of an affiliated group. For
purposes of this subparagraph, the taxpayer's separate
taxable income shall be determined as if the election
provided by Section 243(b) (2) of the Internal Revenue
Code had been in effect for all such years;
(F) Cooperatives. In the case of a cooperative
corporation or association, the taxable income of such
organization determined in accordance with the
provisions of Section 1381 through 1388 of the Internal
Revenue Code, but without regard to the prohibition
against offsetting losses from patronage activities
against income from nonpatronage activities; except
that a cooperative corporation or association may make
an election to follow its federal income tax treatment
of patronage losses and nonpatronage losses. In the

event such election is made, such losses shall be
computed and carried over in a manner consistent with
subsection (a) of Section 207 of this Act and
apportioned by the apportionment factor reported by
the cooperative on its Illinois income tax return filed
for the taxable year in which the losses are incurred.
The election shall be effective for all taxable years
with original returns due on or after the date of the
election. In addition, the cooperative may file an
amended return or returns, as allowed under this Act,
to provide that the election shall be effective for
losses incurred or carried forward for taxable years
occurring prior to the date of the election. Once made,
the election may only be revoked upon approval of the
Director. The Department shall adopt rules setting
forth requirements for documenting the elections and
any resulting Illinois net loss and the standards to be
used by the Director in evaluating requests to revoke
elections. Public Act 96-932 This amendatory Act of the
96th General Assembly is declaratory of existing law;
(G) Subchapter S corporations. In the case of: (i)
a Subchapter S corporation for which there is in effect
an election for the taxable year under Section 1362 of
the Internal Revenue Code, the taxable income of such
corporation determined in accordance with Section
1363(b) of the Internal Revenue Code, except that

taxable income shall take into account those items
which are required by Section 1363(b)(1) of the
Internal Revenue Code to be separately stated; and (ii)
a Subchapter S corporation for which there is in effect
a federal election to opt out of the provisions of the
Subchapter S Revision Act of 1982 and have applied
instead the prior federal Subchapter S rules as in
effect on July 1, 1982, the taxable income of such
corporation determined in accordance with the federal
Subchapter S rules as in effect on July 1, 1982; and
(H) Partnerships. In the case of a partnership,
taxable income determined in accordance with Section
703 of the Internal Revenue Code, except that taxable
income shall take into account those items which are
required by Section 703(a)(1) to be separately stated
but which would be taken into account by an individual
in calculating his taxable income.
(3) Recapture of business expenses on disposition of
asset or business. Notwithstanding any other law to the
contrary, if in prior years income from an asset or
business has been classified as business income and in a
later year is demonstrated to be non-business income, then
all expenses, without limitation, deducted in such later
year and in the 2 immediately preceding taxable years
related to that asset or business that generated the
non-business income shall be added back and recaptured as

business income in the year of the disposition of the asset
or business. Such amount shall be apportioned to Illinois
using the greater of the apportionment fraction computed
for the business under Section 304 of this Act for the
taxable year or the average of the apportionment fractions
computed for the business under Section 304 of this Act for
the taxable year and for the 2 immediately preceding
taxable years.
(f) Valuation limitation amount.
(1) In general. The valuation limitation amount
referred to in subsections (a) (2) (G), (c) (2) (I) and
(d)(2) (E) is an amount equal to:
(A) The sum of the pre-August 1, 1969 appreciation
amounts (to the extent consisting of gain reportable
under the provisions of Section 1245 or 1250 of the
Internal Revenue Code) for all property in respect of
which such gain was reported for the taxable year; plus
(B) The lesser of (i) the sum of the pre-August 1,
1969 appreciation amounts (to the extent consisting of
capital gain) for all property in respect of which such
gain was reported for federal income tax purposes for
the taxable year, or (ii) the net capital gain for the
taxable year, reduced in either case by any amount of
such gain included in the amount determined under
subsection (a) (2) (F) or (c) (2) (H).

(2) Pre-August 1, 1969 appreciation amount.
(A) If the fair market value of property referred
to in paragraph (1) was readily ascertainable on August
1, 1969, the pre-August 1, 1969 appreciation amount for
such property is the lesser of (i) the excess of such
fair market value over the taxpayer's basis (for
determining gain) for such property on that date
(determined under the Internal Revenue Code as in
effect on that date), or (ii) the total gain realized
and reportable for federal income tax purposes in
respect of the sale, exchange or other disposition of
such property.
(B) If the fair market value of property referred
to in paragraph (1) was not readily ascertainable on
August 1, 1969, the pre-August 1, 1969 appreciation
amount for such property is that amount which bears the
same ratio to the total gain reported in respect of the
property for federal income tax purposes for the
taxable year, as the number of full calendar months in
that part of the taxpayer's holding period for the
property ending July 31, 1969 bears to the number of
full calendar months in the taxpayer's entire holding
period for the property.
(C) The Department shall prescribe such
regulations as may be necessary to carry out the
purposes of this paragraph.

(g) Double deductions. Unless specifically provided
otherwise, nothing in this Section shall permit the same item
to be deducted more than once.
(h) Legislative intention. Except as expressly provided by
this Section there shall be no modifications or limitations on
the amounts of income, gain, loss or deduction taken into
account in determining gross income, adjusted gross income or
taxable income for federal income tax purposes for the taxable
year, or in the amount of such items entering into the
computation of base income and net income under this Act for
such taxable year, whether in respect of property values as of
August 1, 1969 or otherwise.
(Source: P.A. 95-23, eff. 8-3-07; 95-233, eff. 8-16-07; 95-286,
eff. 8-20-07; 95-331, eff. 8-21-07; 95-707, eff. 1-11-08;
95-876, eff. 8-21-08; 96-45, eff. 7-15-09; 96-120, eff. 8-4-09;
96-198, eff. 8-10-09; 96-328, eff. 8-11-09; 96-520, eff.
8-14-09; 96-835, eff. 12-16-09; 96-932, eff. 1-1-11; 96-935,
eff. 6-21-10; 96-1214, eff. 7-22-10; revised 9-16-10.)
(35 ILCS 5/704A)
Sec. 704A. Employer's return and payment of tax withheld.
(a) In general, every employer who deducts and withholds or
is required to deduct and withhold tax under this Act on or
after January 1, 2008 shall make those payments and returns as

provided in this Section.
(b) Returns. Every employer shall, in the form and manner
required by the Department, make returns with respect to taxes
withheld or required to be withheld under this Article 7 for
each quarter beginning on or after January 1, 2008, on or
before the last day of the first month following the close of
that quarter.
(c) Payments. With respect to amounts withheld or required
to be withheld on or after January 1, 2008:
(1) Semi-weekly payments. For each calendar year, each
employer who withheld or was required to withhold more than
$12,000 during the one-year period ending on June 30 of the
immediately preceding calendar year, payment must be made:
(A) on or before each Friday of the calendar year,
for taxes withheld or required to be withheld on the
immediately preceding Saturday, Sunday, Monday, or
Tuesday;
(B) on or before each Wednesday of the calendar
year, for taxes withheld or required to be withheld on
the immediately preceding Wednesday, Thursday, or
Friday.
Beginning with calendar year 2011, payments payment
made under this paragraph (1) of subsection (c) must be
made by electronic funds transfer.
(2) Semi-weekly payments. Any employer who withholds
or is required to withhold more than $12,000 in any quarter

of a calendar year is required to make payments on the
dates set forth under item (1) of this subsection (c) for
each remaining quarter of that calendar year and for the
subsequent calendar year.
(3) Monthly payments. Each employer, other than an
employer described in items (1) or (2) of this subsection,
shall pay to the Department, on or before the 15th day of
each month the taxes withheld or required to be withheld
during the immediately preceding month.
(4) Payments with returns. Each employer shall pay to
the Department, on or before the due date for each return
required to be filed under this Section, any tax withheld
or required to be withheld during the period for which the
return is due and not previously paid to the Department.
(d) Regulatory authority. The Department may, by rule:
(1) Permit employers, in lieu of the requirements of
subsections (b) and (c), to file annual returns due on or
before January 31 of the year for taxes withheld or
required to be withheld during the previous calendar year
and, if the aggregate amounts required to be withheld by
the employer under this Article 7 (other than amounts
required to be withheld under Section 709.5) do not exceed
$1,000 for the previous calendar year, to pay the taxes
required to be shown on each such return no later than the
due date for such return.
(2) Provide that any payment required to be made under

subsection (c)(1) or (c)(2) is deemed to be timely to the
extent paid by electronic funds transfer on or before the
due date for deposit of federal income taxes withheld from,
or federal employment taxes due with respect to, the wages
from which the Illinois taxes were withheld.
(3) Designate one or more depositories to which payment
of taxes required to be withheld under this Article 7 must
be paid by some or all employers.
(4) Increase the threshold dollar amounts at which
employers are required to make semi-weekly payments under
subsection (c)(1) or (c)(2).
(e) Annual return and payment. Every employer who deducts
and withholds or is required to deduct and withhold tax from a
person engaged in domestic service employment, as that term is
defined in Section 3510 of the Internal Revenue Code, may
comply with the requirements of this Section with respect to
such employees by filing an annual return and paying the taxes
required to be deducted and withheld on or before the 15th day
of the fourth month following the close of the employer's
taxable year. The Department may allow the employer's return to
be submitted with the employer's individual income tax return
or to be submitted with a return due from the employer under
Section 1400.2 of the Unemployment Insurance Act.
(f) Magnetic media and electronic filing. Any W-2 Form
that, under the Internal Revenue Code and regulations
promulgated thereunder, is required to be submitted to the

Internal Revenue Service on magnetic media or electronically
must also be submitted to the Department on magnetic media or
electronically for Illinois purposes, if required by the
Department.
(g) For amounts deducted or withheld after December 31,
2009, a taxpayer who makes an election under subsection (f) of
Section 5-15 of the Economic Development for a Growing Economy
Tax Credit Act for a taxable year shall be allowed a credit
against payments due under this Section for amounts withheld
during the first calendar year beginning after the end of that
taxable year equal to the amount of the credit for the
incremental income tax attributable to full-time employees of
the taxpayer awarded to the taxpayer by the Department of
Commerce and Economic Opportunity under the Economic
Development for a Growing Economy Tax Credit Act for the
taxable year and credits not previously claimed and allowed to
be carried forward under Section 211(4) of this Act as provided
in subsection (f) of Section 5-15 of the Economic Development
for a Growing Economy Tax Credit Act. The credit or credits may
not reduce the taxpayer's obligation for any payment due under
this Section to less than zero. If the amount of the credit or
credits exceeds the total payments due under this Section with
respect to amounts withheld during the calendar year, the
excess may be carried forward and applied against the
taxpayer's liability under this Section in the succeeding
calendar years as allowed to be carried forward under paragraph

(4) of Section 211 of this Act. The credit or credits shall be
applied to the earliest year for which there is a tax
liability. If there are credits from more than one taxable year
that are available to offset a liability, the earlier credit
shall be applied first. Each employer who deducts and withholds
or is required to deduct and withhold tax under this Act and
who retains income tax withholdings under subsection (f) of
Section 5-15 of the Economic Development for a Growing Economy
Tax Credit Act must make a return with respect to such taxes
and retained amounts in the form and manner that the
Department, by rule, requires and pay to the Department or to a
depositary designated by the Department those withheld taxes
not retained by the taxpayer. For purposes of this subsection
(g), the term taxpayer shall include taxpayer and members of
the taxpayer's unitary business group as defined under
paragraph (27) of subsection (a) of Section 1501 of this Act.
This Section is exempt from the provisions of Section 250 of
this Act.
(h) An employer may claim a credit against payments due
under this Section for amounts withheld during the first
calendar year ending after date on which a tax credit
certificate was issued under Section 35 of the Small Business
Job Creation Tax Credit Act. The credit shall be equal to the
amount shown on the certificate, but may not reduce the
taxpayer's obligation for any payment due under this Section to
less than zero. If the amount of the credit exceeds the total

payments due under this Section with respect to amounts
withheld during the calendar year, the excess may be carried
forward and applied against the taxpayer's liability under this
Section in the 5 succeeding calendar years. The credit shall be
applied to the earliest year for which there is a tax
liability. If there are credits from more than one calendar
year that are available to offset a liability, the earlier
credit shall be applied first. This Section is exempt from the
provisions of Section 250 of this Act.
(Source: P.A. 95-8, eff. 6-29-07; 95-707, eff. 1-11-08; 96-834,
eff. 12-14-09; 96-888, eff. 4-13-10; 96-905, eff. 6-4-10;
96-1027, eff. 7-12-10; revised 9-16-10.)
Section 125. The Use Tax Act is amended by changing Section
9 as follows:
(35 ILCS 105/9) (from Ch. 120, par. 439.9)
Sec. 9. Except as to motor vehicles, watercraft, aircraft,
and trailers that are required to be registered with an agency
of this State, each retailer required or authorized to collect
the tax imposed by this Act shall pay to the Department the
amount of such tax (except as otherwise provided) at the time
when he is required to file his return for the period during
which such tax was collected, less a discount of 2.1% prior to
January 1, 1990, and 1.75% on and after January 1, 1990, or $5
per calendar year, whichever is greater, which is allowed to

reimburse the retailer for expenses incurred in collecting the
tax, keeping records, preparing and filing returns, remitting
the tax and supplying data to the Department on request. In the
case of retailers who report and pay the tax on a transaction
by transaction basis, as provided in this Section, such
discount shall be taken with each such tax remittance instead
of when such retailer files his periodic return. A retailer
need not remit that part of any tax collected by him to the
extent that he is required to remit and does remit the tax
imposed by the Retailers' Occupation Tax Act, with respect to
the sale of the same property.
Where such tangible personal property is sold under a
conditional sales contract, or under any other form of sale
wherein the payment of the principal sum, or a part thereof, is
extended beyond the close of the period for which the return is
filed, the retailer, in collecting the tax (except as to motor
vehicles, watercraft, aircraft, and trailers that are required
to be registered with an agency of this State), may collect for
each tax return period, only the tax applicable to that part of
the selling price actually received during such tax return
period.
Except as provided in this Section, on or before the
twentieth day of each calendar month, such retailer shall file
a return for the preceding calendar month. Such return shall be
filed on forms prescribed by the Department and shall furnish
such information as the Department may reasonably require.

The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in the business of selling tangible
personal property at retail in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month from sales of tangible
personal property by him during such preceding calendar
month, including receipts from charge and time sales, but
less all deductions allowed by law;
4. The amount of credit provided in Section 2d of this
Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the Department
may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.

Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1995, a taxpayer who has
an average monthly tax liability of $50,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 2000, a taxpayer who has
an annual tax liability of $200,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. The term "annual tax liability" shall be the
sum of the taxpayer's liabilities under this Act, and under all
other State and local occupation and use tax laws administered
by the Department, for the immediately preceding calendar year.
The term "average monthly tax liability" means the sum of the
taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year
divided by 12. Beginning on October 1, 2002, a taxpayer who has
a tax liability in the amount set forth in subsection (b) of
Section 2505-210 of the Department of Revenue Law shall make
all payments required by rules of the Department by electronic
funds transfer.
Before August 1 of each year beginning in 1993, the

Department shall notify all taxpayers required to make payments
by electronic funds transfer. All taxpayers required to make
payments by electronic funds transfer shall make those payments
for a minimum of one year beginning on October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, the Service
Use Tax Act was $10,000 or more during the preceding 4 complete
calendar quarters, he shall file a return with the Department
each month by the 20th day of the month next following the
month during which such tax liability is incurred and shall
make payments to the Department on or before the 7th, 15th,
22nd and last day of the month during which such liability is
incurred. On and after October 1, 2000, if the taxpayer's
average monthly tax liability to the Department under this Act,
the Retailers' Occupation Tax Act, the Service Occupation Tax

Act, and the Service Use Tax Act was $20,000 or more during the
preceding 4 complete calendar quarters, he shall file a return
with the Department each month by the 20th day of the month
next following the month during which such tax liability is
incurred and shall make payment to the Department on or before
the 7th, 15th, 22nd and last day of the month during which such
liability is incurred. If the month during which such tax
liability is incurred began prior to January 1, 1985, each
payment shall be in an amount equal to 1/4 of the taxpayer's
actual liability for the month or an amount set by the
Department not to exceed 1/4 of the average monthly liability
of the taxpayer to the Department for the preceding 4 complete
calendar quarters (excluding the month of highest liability and
the month of lowest liability in such 4 quarter period). If the
month during which such tax liability is incurred begins on or
after January 1, 1985, and prior to January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 27.5% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1987, and prior to January 1, 1988, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1988, and prior to January 1, 1989, or

begins on or after January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during which
such tax liability is incurred begins on or after January 1,
1989, and prior to January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year or 100% of the taxpayer's
actual liability for the quarter monthly reporting period. The
amount of such quarter monthly payments shall be credited
against the final tax liability of the taxpayer's return for
that month. Before October 1, 2000, once applicable, the
requirement of the making of quarter monthly payments to the
Department shall continue until such taxpayer's average
monthly liability to the Department during the preceding 4
complete calendar quarters (excluding the month of highest
liability and the month of lowest liability) is less than
$9,000, or until such taxpayer's average monthly liability to
the Department as computed for each calendar quarter of the 4
preceding complete calendar quarter period is less than
$10,000. However, if a taxpayer can show the Department that a
substantial change in the taxpayer's business has occurred
which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future
will fall below the $10,000 threshold stated above, then such

taxpayer may petition the Department for change in such
taxpayer's reporting status. On and after October 1, 2000, once
applicable, the requirement of the making of quarter monthly
payments to the Department shall continue until such taxpayer's
average monthly liability to the Department during the
preceding 4 complete calendar quarters (excluding the month of
highest liability and the month of lowest liability) is less
than $19,000 or until such taxpayer's average monthly liability
to the Department as computed for each calendar quarter of the
4 preceding complete calendar quarter period is less than
$20,000. However, if a taxpayer can show the Department that a
substantial change in the taxpayer's business has occurred
which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future
will fall below the $20,000 threshold stated above, then such
taxpayer may petition the Department for a change in such
taxpayer's reporting status. The Department shall change such
taxpayer's reporting status unless it finds that such change is
seasonal in nature and not likely to be long term. If any such
quarter monthly payment is not paid at the time or in the
amount required by this Section, then the taxpayer shall be
liable for penalties and interest on the difference between the
minimum amount due and the amount of such quarter monthly
payment actually and timely paid, except insofar as the
taxpayer has previously made payments for that month to the
Department in excess of the minimum payments previously due as

provided in this Section. The Department shall make reasonable
rules and regulations to govern the quarter monthly payment
amount and quarter monthly payment dates for taxpayers who file
on other than a calendar monthly basis.
If any such payment provided for in this Section exceeds
the taxpayer's liabilities under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act and the
Service Use Tax Act, as shown by an original monthly return,
the Department shall issue to the taxpayer a credit memorandum
no later than 30 days after the date of payment, which
memorandum may be submitted by the taxpayer to the Department
in payment of tax liability subsequently to be remitted by the
taxpayer to the Department or be assigned by the taxpayer to a
similar taxpayer under this Act, the Retailers' Occupation Tax
Act, the Service Occupation Tax Act or the Service Use Tax Act,
in accordance with reasonable rules and regulations to be
prescribed by the Department, except that if such excess
payment is shown on an original monthly return and is made
after December 31, 1986, no credit memorandum shall be issued,
unless requested by the taxpayer. If no such request is made,
the taxpayer may credit such excess payment against tax
liability subsequently to be remitted by the taxpayer to the
Department under this Act, the Retailers' Occupation Tax Act,
the Service Occupation Tax Act or the Service Use Tax Act, in
accordance with reasonable rules and regulations prescribed by
the Department. If the Department subsequently determines that

all or any part of the credit taken was not actually due to the
taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
be reduced by 2.1% or 1.75% of the difference between the
credit taken and that actually due, and the taxpayer shall be
liable for penalties and interest on such difference.
If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February, and March of a given
year being due by April 20 of such year; with the return for
April, May and June of a given year being due by July 20 of such
year; with the return for July, August and September of a given
year being due by October 20 of such year, and with the return
for October, November and December of a given year being due by
January 20 of the following year.
If the retailer is otherwise required to file a monthly or
quarterly return and if the retailer's average monthly tax
liability to the Department does not exceed $50, the Department
may authorize his returns to be filed on an annual basis, with
the return for a given year being due by January 20 of the
following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as monthly
returns.
Notwithstanding any other provision in this Act concerning

the time within which a retailer may file his return, in the
case of any retailer who ceases to engage in a kind of business
which makes him responsible for filing returns under this Act,
such retailer shall file a final return under this Act with the
Department not more than one month after discontinuing such
business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with
an agency of this State, every retailer selling this kind of
tangible personal property shall file, with the Department,
upon a form to be prescribed and supplied by the Department, a
separate return for each such item of tangible personal
property which the retailer sells, except that if, in the same
transaction, (i) a retailer of aircraft, watercraft, motor
vehicles or trailers transfers more than one aircraft,
watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle or trailer retailer for the purpose
of resale or (ii) a retailer of aircraft, watercraft, motor
vehicles, or trailers transfers more than one aircraft,
watercraft, motor vehicle, or trailer to a purchaser for use as
a qualifying rolling stock as provided in Section 3-55 of this
Act, then that seller may report the transfer of all the
aircraft, watercraft, motor vehicles or trailers involved in
that transaction to the Department on the same uniform
invoice-transaction reporting return form. For purposes of
this Section, "watercraft" means a Class 2, Class 3, or Class 4

watercraft as defined in Section 3-2 of the Boat Registration
and Safety Act, a personal watercraft, or any boat equipped
with an inboard motor.
The transaction reporting return in the case of motor
vehicles or trailers that are required to be registered with an
agency of this State, shall be the same document as the Uniform
Invoice referred to in Section 5-402 of the Illinois Vehicle
Code and must show the name and address of the seller; the name
and address of the purchaser; the amount of the selling price
including the amount allowed by the retailer for traded-in
property, if any; the amount allowed by the retailer for the
traded-in tangible personal property, if any, to the extent to
which Section 2 of this Act allows an exemption for the value
of traded-in property; the balance payable after deducting such
trade-in allowance from the total selling price; the amount of
tax due from the retailer with respect to such transaction; the
amount of tax collected from the purchaser by the retailer on
such transaction (or satisfactory evidence that such tax is not
due in that particular instance, if that is claimed to be the
fact); the place and date of the sale; a sufficient
identification of the property sold; such other information as
is required in Section 5-402 of the Illinois Vehicle Code, and
such other information as the Department may reasonably
require.
The transaction reporting return in the case of watercraft
and aircraft must show the name and address of the seller; the

name and address of the purchaser; the amount of the selling
price including the amount allowed by the retailer for
traded-in property, if any; the amount allowed by the retailer
for the traded-in tangible personal property, if any, to the
extent to which Section 2 of this Act allows an exemption for
the value of traded-in property; the balance payable after
deducting such trade-in allowance from the total selling price;
the amount of tax due from the retailer with respect to such
transaction; the amount of tax collected from the purchaser by
the retailer on such transaction (or satisfactory evidence that
such tax is not due in that particular instance, if that is
claimed to be the fact); the place and date of the sale, a
sufficient identification of the property sold, and such other
information as the Department may reasonably require.
Such transaction reporting return shall be filed not later
than 20 days after the date of delivery of the item that is
being sold, but may be filed by the retailer at any time sooner
than that if he chooses to do so. The transaction reporting
return and tax remittance or proof of exemption from the tax
that is imposed by this Act may be transmitted to the
Department by way of the State agency with which, or State
officer with whom, the tangible personal property must be
titled or registered (if titling or registration is required)
if the Department and such agency or State officer determine
that this procedure will expedite the processing of
applications for title or registration.

With each such transaction reporting return, the retailer
shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a tax receipt
(or a certificate of exemption if the Department is satisfied
that the particular sale is tax exempt) which such purchaser
may submit to the agency with which, or State officer with
whom, he must title or register the tangible personal property
that is involved (if titling or registration is required) in
support of such purchaser's application for an Illinois
certificate or other evidence of title or registration to such
tangible personal property.
No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the
retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department that such user has
paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the
mandate of this paragraph.
If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment of
tax or proof of exemption made to the Department before the
retailer is willing to take these actions and such user has not
paid the tax to the retailer, such user may certify to the fact

of such delay by the retailer, and may (upon the Department
being satisfied of the truth of such certification) transmit
the information required by the transaction reporting return
and the remittance for tax or proof of exemption directly to
the Department and obtain his tax receipt or exemption
determination, in which event the transaction reporting return
and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account
with the Department, but without the 2.1% or 1.75% discount
provided for in this Section being allowed. When the user pays
the tax directly to the Department, he shall pay the tax in the
same amount and in the same form in which it would be remitted
if the tax had been remitted to the Department by the retailer.
Where a retailer collects the tax with respect to the
selling price of tangible personal property which he sells and
the purchaser thereafter returns such tangible personal
property and the retailer refunds the selling price thereof to
the purchaser, such retailer shall also refund, to the
purchaser, the tax so collected from the purchaser. When filing
his return for the period in which he refunds such tax to the
purchaser, the retailer may deduct the amount of the tax so
refunded by him to the purchaser from any other use tax which
such retailer may be required to pay or remit to the
Department, as shown by such return, if the amount of the tax
to be deducted was previously remitted to the Department by
such retailer. If the retailer has not previously remitted the

amount of such tax to the Department, he is entitled to no
deduction under this Act upon refunding such tax to the
purchaser.
Any retailer filing a return under this Section shall also
include (for the purpose of paying tax thereon) the total tax
covered by such return upon the selling price of tangible
personal property purchased by him at retail from a retailer,
but as to which the tax imposed by this Act was not collected
from the retailer filing such return, and such retailer shall
remit the amount of such tax to the Department when filing such
return.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint
return which will enable retailers, who are required to file
returns hereunder and also under the Retailers' Occupation Tax
Act, to furnish all the return information required by both
Acts on the one form.
Where the retailer has more than one business registered
with the Department under separate registration under this Act,
such retailer may not file each return that is due as a single
return covering all such registered businesses, but shall file
separate returns for each such registered business.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund, a special
fund in the State Treasury which is hereby created, the net
revenue realized for the preceding month from the 1% tax on

sales of food for human consumption which is to be consumed off
the premises where it is sold (other than alcoholic beverages,
soft drinks and food which has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances and insulin, urine testing
materials, syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund 4% of the
net revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal property
which is purchased outside Illinois at retail from a retailer
and which is titled or registered by an agency of this State's
government.
Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund, a special
fund in the State Treasury, 20% of the net revenue realized for
the preceding month from the 6.25% general rate on the selling
price of tangible personal property, other than tangible
personal property which is purchased outside Illinois at retail
from a retailer and which is titled or registered by an agency
of this State's government.
Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 100% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol. Beginning
September 1, 2010, each month the Department shall pay into the

State and Local Sales Tax Reform Fund 100% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of sales tax holiday items.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of tangible personal property which is
purchased outside Illinois at retail from a retailer and which
is titled or registered by an agency of this State's
government.
Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
is now taxed at 6.25%.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to Section 3
of the Retailers' Occupation Tax Act, Section 9 of the Use Tax

Act, Section 9 of the Service Use Tax Act, and Section 9 of the
Service Occupation Tax Act, such Acts being hereinafter called
the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
may be, of moneys being hereinafter called the "Tax Act
Amount", and (2) the amount transferred to the Build Illinois
Fund from the State and Local Sales Tax Reform Fund shall be
less than the Annual Specified Amount (as defined in Section 3
of the Retailers' Occupation Tax Act), an amount equal to the
difference shall be immediately paid into the Build Illinois
Fund from other moneys received by the Department pursuant to
the Tax Acts; and further provided, that if on the last
business day of any month the sum of (1) the Tax Act Amount
required to be deposited into the Build Illinois Bond Account
in the Build Illinois Fund during such month and (2) the amount
transferred during such month to the Build Illinois Fund from
the State and Local Sales Tax Reform Fund shall have been less
than 1/12 of the Annual Specified Amount, an amount equal to
the difference shall be immediately paid into the Build
Illinois Fund from other moneys received by the Department
pursuant to the Tax Acts; and, further provided, that in no
event shall the payments required under the preceding proviso
result in aggregate payments into the Build Illinois Fund
pursuant to this clause (b) for any fiscal year in excess of
the greater of (i) the Tax Act Amount or (ii) the Annual
Specified Amount for such fiscal year; and, further provided,
that the amounts payable into the Build Illinois Fund under

this clause (b) shall be payable only until such time as the
aggregate amount on deposit under each trust indenture securing
Bonds issued and outstanding pursuant to the Build Illinois
Bond Act is sufficient, taking into account any future
investment income, to fully provide, in accordance with such
indenture, for the defeasance of or the payment of the
principal of, premium, if any, and interest on the Bonds
secured by such indenture and on any Bonds expected to be
issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget (now Governor's Office of Management and Budget). If on
the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the
aggregate of the moneys deposited in the Build Illinois Bond
Account in the Build Illinois Fund in such month shall be less
than the amount required to be transferred in such month from
the Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received by the
Department pursuant to the Tax Acts to the Build Illinois Fund;
provided, however, that any amounts paid to the Build Illinois
Fund in any fiscal year pursuant to this sentence shall be
deemed to constitute payments pursuant to clause (b) of the
preceding sentence and shall reduce the amount otherwise
payable for such fiscal year pursuant to clause (b) of the

preceding sentence. The moneys received by the Department
pursuant to this Act and required to be deposited into the
Build Illinois Fund are subject to the pledge, claim and charge
set forth in Section 12 of the Build Illinois Bond Act.
Subject to payment of amounts into the Build Illinois Fund
as provided in the preceding paragraph or in any amendment
thereto hereafter enacted, the following specified monthly
installment of the amount requested in the certificate of the
Chairman of the Metropolitan Pier and Exposition Authority
provided under Section 8.25f of the State Finance Act, but not
in excess of the sums designated as "Total Deposit", shall be
deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section
9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place
Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000

2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 275,000,000
2024 275,000,000
2025 275,000,000
2026 279,000,000

2027 292,000,000
2028 307,000,000
2029 322,000,000
2030 338,000,000
2031 350,000,000
2032 350,000,000
and
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total Deposit",

has been deposited.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993, the Department shall each
month pay into the Illinois Tax Increment Fund 0.27% of 80% of
the net revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal
property.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year
period, the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and
used only for the transfer to the Common School Fund as part of

the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to such
sales, if the retailers who are affected do not make written
objection to the Department to this arrangement.
(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09; 96-898,
eff. 5-27-10; 96-1012, eff. 7-7-10; revised 7-22-10.)
Section 130. The Retailers' Occupation Tax Act is amended
by changing Section 3 as follows:

(35 ILCS 120/3) (from Ch. 120, par. 442)
Sec. 3. Except as provided in this Section, on or before
the twentieth day of each calendar month, every person engaged
in the business of selling tangible personal property at retail
in this State during the preceding calendar month shall file a
return with the Department, stating:
1. The name of the seller;
2. His residence address and the address of his
principal place of business and the address of the
principal place of business (if that is a different
address) from which he engages in the business of selling
tangible personal property at retail in this State;
3. Total amount of receipts received by him during the
preceding calendar month or quarter, as the case may be,
from sales of tangible personal property, and from services
furnished, by him during such preceding calendar month or
quarter;
4. Total amount received by him during the preceding
calendar month or quarter on charge and time sales of
tangible personal property, and from services furnished,
by him prior to the month or quarter for which the return
is filed;
5. Deductions allowed by law;
6. Gross receipts which were received by him during the
preceding calendar month or quarter and upon the basis of
which the tax is imposed;

7. The amount of credit provided in Section 2d of this
Act;
8. The amount of tax due;
9. The signature of the taxpayer; and
10. Such other reasonable information as the
Department may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
Each return shall be accompanied by the statement of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
Prior to October 1, 2003, and on and after September 1,
2004 a retailer may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax as
provided in Section 3-85 of the Use Tax Act if the purchaser
provides the appropriate documentation as required by Section
3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
certification, accepted by a retailer prior to October 1, 2003
and on and after September 1, 2004 as provided in Section 3-85
of the Use Tax Act, may be used by that retailer to satisfy
Retailers' Occupation Tax liability in the amount claimed in
the certification, not to exceed 6.25% of the receipts subject
to tax from a qualifying purchase. A Manufacturer's Purchase
Credit reported on any original or amended return filed under

this Act after October 20, 2003 for reporting periods prior to
September 1, 2004 shall be disallowed. Manufacturer's
Purchaser Credit reported on annual returns due on or after
January 1, 2005 will be disallowed for periods prior to
September 1, 2004. No Manufacturer's Purchase Credit may be
used after September 30, 2003 through August 31, 2004 to
satisfy any tax liability imposed under this Act, including any
audit liability.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in the business of selling tangible
personal property at retail in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month from sales of tangible
personal property by him during such preceding calendar
month, including receipts from charge and time sales, but
less all deductions allowed by law;
4. The amount of credit provided in Section 2d of this
Act;

5. The amount of tax due; and
6. Such other reasonable information as the Department
may require.
Beginning on October 1, 2003, any person who is not a
licensed distributor, importing distributor, or manufacturer,
as defined in the Liquor Control Act of 1934, but is engaged in
the business of selling, at retail, alcoholic liquor shall file
a statement with the Department of Revenue, in a format and at
a time prescribed by the Department, showing the total amount
paid for alcoholic liquor purchased during the preceding month
and such other information as is reasonably required by the
Department. The Department may adopt rules to require that this
statement be filed in an electronic or telephonic format. Such
rules may provide for exceptions from the filing requirements
of this paragraph. For the purposes of this paragraph, the term
"alcoholic liquor" shall have the meaning prescribed in the
Liquor Control Act of 1934.
Beginning on October 1, 2003, every distributor, importing
distributor, and manufacturer of alcoholic liquor as defined in
the Liquor Control Act of 1934, shall file a statement with the
Department of Revenue, no later than the 10th day of the month
for the preceding month during which transactions occurred, by
electronic means, showing the total amount of gross receipts
from the sale of alcoholic liquor sold or distributed during
the preceding month to purchasers; identifying the purchaser to
whom it was sold or distributed; the purchaser's tax

registration number; and such other information reasonably
required by the Department. A distributor, importing
distributor, or manufacturer of alcoholic liquor must
personally deliver, mail, or provide by electronic means to
each retailer listed on the monthly statement a report
containing a cumulative total of that distributor's, importing
distributor's, or manufacturer's total sales of alcoholic
liquor to that retailer no later than the 10th day of the month
for the preceding month during which the transaction occurred.
The distributor, importing distributor, or manufacturer shall
notify the retailer as to the method by which the distributor,
importing distributor, or manufacturer will provide the sales
information. If the retailer is unable to receive the sales
information by electronic means, the distributor, importing
distributor, or manufacturer shall furnish the sales
information by personal delivery or by mail. For purposes of
this paragraph, the term "electronic means" includes, but is
not limited to, the use of a secure Internet website, e-mail,
or facsimile.
If a total amount of less than $1 is payable, refundable or
creditable, such amount shall be disregarded if it is less than
50 cents and shall be increased to $1 if it is 50 cents or more.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has

an average monthly tax liability of $100,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1995, a taxpayer who has
an average monthly tax liability of $50,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 2000, a taxpayer who has
an annual tax liability of $200,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. The term "annual tax liability" shall be the
sum of the taxpayer's liabilities under this Act, and under all
other State and local occupation and use tax laws administered
by the Department, for the immediately preceding calendar year.
The term "average monthly tax liability" shall be the sum of
the taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year
divided by 12. Beginning on October 1, 2002, a taxpayer who has
a tax liability in the amount set forth in subsection (b) of
Section 2505-210 of the Department of Revenue Law shall make
all payments required by rules of the Department by electronic
funds transfer.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make payments
by electronic funds transfer. All taxpayers required to make
payments by electronic funds transfer shall make those payments
for a minimum of one year beginning on October 1.

Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Any amount which is required to be shown or reported on any
return or other document under this Act shall, if such amount
is not a whole-dollar amount, be increased to the nearest
whole-dollar amount in any case where the fractional part of a
dollar is 50 cents or more, and decreased to the nearest
whole-dollar amount where the fractional part of a dollar is
less than 50 cents.
If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February and March of a given year
being due by April 20 of such year; with the return for April,
May and June of a given year being due by July 20 of such year;
with the return for July, August and September of a given year
being due by October 20 of such year, and with the return for

October, November and December of a given year being due by
January 20 of the following year.
If the retailer is otherwise required to file a monthly or
quarterly return and if the retailer's average monthly tax
liability with the Department does not exceed $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by January 20
of the following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as monthly
returns.
Notwithstanding any other provision in this Act concerning
the time within which a retailer may file his return, in the
case of any retailer who ceases to engage in a kind of business
which makes him responsible for filing returns under this Act,
such retailer shall file a final return under this Act with the
Department not more than one month after discontinuing such
business.
Where the same person has more than one business registered
with the Department under separate registrations under this
Act, such person may not file each return that is due as a
single return covering all such registered businesses, but
shall file separate returns for each such registered business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with
an agency of this State, every retailer selling this kind of

tangible personal property shall file, with the Department,
upon a form to be prescribed and supplied by the Department, a
separate return for each such item of tangible personal
property which the retailer sells, except that if, in the same
transaction, (i) a retailer of aircraft, watercraft, motor
vehicles or trailers transfers more than one aircraft,
watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle retailer or trailer retailer for the
purpose of resale or (ii) a retailer of aircraft, watercraft,
motor vehicles, or trailers transfers more than one aircraft,
watercraft, motor vehicle, or trailer to a purchaser for use as
a qualifying rolling stock as provided in Section 2-5 of this
Act, then that seller may report the transfer of all aircraft,
watercraft, motor vehicles or trailers involved in that
transaction to the Department on the same uniform
invoice-transaction reporting return form. For purposes of
this Section, "watercraft" means a Class 2, Class 3, or Class 4
watercraft as defined in Section 3-2 of the Boat Registration
and Safety Act, a personal watercraft, or any boat equipped
with an inboard motor.
Any retailer who sells only motor vehicles, watercraft,
aircraft, or trailers that are required to be registered with
an agency of this State, so that all retailers' occupation tax
liability is required to be reported, and is reported, on such
transaction reporting returns and who is not otherwise required
to file monthly or quarterly returns, need not file monthly or

quarterly returns. However, those retailers shall be required
to file returns on an annual basis.
The transaction reporting return, in the case of motor
vehicles or trailers that are required to be registered with an
agency of this State, shall be the same document as the Uniform
Invoice referred to in Section 5-402 of The Illinois Vehicle
Code and must show the name and address of the seller; the name
and address of the purchaser; the amount of the selling price
including the amount allowed by the retailer for traded-in
property, if any; the amount allowed by the retailer for the
traded-in tangible personal property, if any, to the extent to
which Section 1 of this Act allows an exemption for the value
of traded-in property; the balance payable after deducting such
trade-in allowance from the total selling price; the amount of
tax due from the retailer with respect to such transaction; the
amount of tax collected from the purchaser by the retailer on
such transaction (or satisfactory evidence that such tax is not
due in that particular instance, if that is claimed to be the
fact); the place and date of the sale; a sufficient
identification of the property sold; such other information as
is required in Section 5-402 of The Illinois Vehicle Code, and
such other information as the Department may reasonably
require.
The transaction reporting return in the case of watercraft
or aircraft must show the name and address of the seller; the
name and address of the purchaser; the amount of the selling

price including the amount allowed by the retailer for
traded-in property, if any; the amount allowed by the retailer
for the traded-in tangible personal property, if any, to the
extent to which Section 1 of this Act allows an exemption for
the value of traded-in property; the balance payable after
deducting such trade-in allowance from the total selling price;
the amount of tax due from the retailer with respect to such
transaction; the amount of tax collected from the purchaser by
the retailer on such transaction (or satisfactory evidence that
such tax is not due in that particular instance, if that is
claimed to be the fact); the place and date of the sale, a
sufficient identification of the property sold, and such other
information as the Department may reasonably require.
Such transaction reporting return shall be filed not later
than 20 days after the day of delivery of the item that is
being sold, but may be filed by the retailer at any time sooner
than that if he chooses to do so. The transaction reporting
return and tax remittance or proof of exemption from the
Illinois use tax may be transmitted to the Department by way of
the State agency with which, or State officer with whom the
tangible personal property must be titled or registered (if
titling or registration is required) if the Department and such
agency or State officer determine that this procedure will
expedite the processing of applications for title or
registration.
With each such transaction reporting return, the retailer

shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a use tax
receipt (or a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which such
purchaser may submit to the agency with which, or State officer
with whom, he must title or register the tangible personal
property that is involved (if titling or registration is
required) in support of such purchaser's application for an
Illinois certificate or other evidence of title or registration
to such tangible personal property.
No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the
retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department that such user has
paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the
mandate of this paragraph.
If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment of
the tax or proof of exemption made to the Department before the
retailer is willing to take these actions and such user has not
paid the tax to the retailer, such user may certify to the fact
of such delay by the retailer and may (upon the Department

being satisfied of the truth of such certification) transmit
the information required by the transaction reporting return
and the remittance for tax or proof of exemption directly to
the Department and obtain his tax receipt or exemption
determination, in which event the transaction reporting return
and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account
with the Department, but without the 2.1% or 1.75% discount
provided for in this Section being allowed. When the user pays
the tax directly to the Department, he shall pay the tax in the
same amount and in the same form in which it would be remitted
if the tax had been remitted to the Department by the retailer.
Refunds made by the seller during the preceding return
period to purchasers, on account of tangible personal property
returned to the seller, shall be allowed as a deduction under
subdivision 5 of his monthly or quarterly return, as the case
may be, in case the seller had theretofore included the
receipts from the sale of such tangible personal property in a
return filed by him and had paid the tax imposed by this Act
with respect to such receipts.
Where the seller is a corporation, the return filed on
behalf of such corporation shall be signed by the president,
vice-president, secretary or treasurer or by the properly
accredited agent of such corporation.
Where the seller is a limited liability company, the return
filed on behalf of the limited liability company shall be

signed by a manager, member, or properly accredited agent of
the limited liability company.
Except as provided in this Section, the retailer filing the
return under this Section shall, at the time of filing such
return, pay to the Department the amount of tax imposed by this
Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
on and after January 1, 1990, or $5 per calendar year,
whichever is greater, which is allowed to reimburse the
retailer for the expenses incurred in keeping records,
preparing and filing returns, remitting the tax and supplying
data to the Department on request. Any prepayment made pursuant
to Section 2d of this Act shall be included in the amount on
which such 2.1% or 1.75% discount is computed. In the case of
retailers who report and pay the tax on a transaction by
transaction basis, as provided in this Section, such discount
shall be taken with each such tax remittance instead of when
such retailer files his periodic return.
Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the Use Tax
Act, the Service Occupation Tax Act, and the Service Use Tax
Act, excluding any liability for prepaid sales tax to be
remitted in accordance with Section 2d of this Act, was $10,000
or more during the preceding 4 complete calendar quarters, he
shall file a return with the Department each month by the 20th
day of the month next following the month during which such tax
liability is incurred and shall make payments to the Department

on or before the 7th, 15th, 22nd and last day of the month
during which such liability is incurred. On and after October
1, 2000, if the taxpayer's average monthly tax liability to the
Department under this Act, the Use Tax Act, the Service
Occupation Tax Act, and the Service Use Tax Act, excluding any
liability for prepaid sales tax to be remitted in accordance
with Section 2d of this Act, was $20,000 or more during the
preceding 4 complete calendar quarters, he shall file a return
with the Department each month by the 20th day of the month
next following the month during which such tax liability is
incurred and shall make payment to the Department on or before
the 7th, 15th, 22nd and last day of the month during which such
liability is incurred. If the month during which such tax
liability is incurred began prior to January 1, 1985, each
payment shall be in an amount equal to 1/4 of the taxpayer's
actual liability for the month or an amount set by the
Department not to exceed 1/4 of the average monthly liability
of the taxpayer to the Department for the preceding 4 complete
calendar quarters (excluding the month of highest liability and
the month of lowest liability in such 4 quarter period). If the
month during which such tax liability is incurred begins on or
after January 1, 1985 and prior to January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 27.5% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on

or after January 1, 1987 and prior to January 1, 1988, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1988, and prior to January 1, 1989, or
begins on or after January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during which
such tax liability is incurred begins on or after January 1,
1989, and prior to January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year or 100% of the taxpayer's
actual liability for the quarter monthly reporting period. The
amount of such quarter monthly payments shall be credited
against the final tax liability of the taxpayer's return for
that month. Before October 1, 2000, once applicable, the
requirement of the making of quarter monthly payments to the
Department by taxpayers having an average monthly tax liability
of $10,000 or more as determined in the manner provided above
shall continue until such taxpayer's average monthly liability
to the Department during the preceding 4 complete calendar
quarters (excluding the month of highest liability and the
month of lowest liability) is less than $9,000, or until such

taxpayer's average monthly liability to the Department as
computed for each calendar quarter of the 4 preceding complete
calendar quarter period is less than $10,000. However, if a
taxpayer can show the Department that a substantial change in
the taxpayer's business has occurred which causes the taxpayer
to anticipate that his average monthly tax liability for the
reasonably foreseeable future will fall below the $10,000
threshold stated above, then such taxpayer may petition the
Department for a change in such taxpayer's reporting status. On
and after October 1, 2000, once applicable, the requirement of
the making of quarter monthly payments to the Department by
taxpayers having an average monthly tax liability of $20,000 or
more as determined in the manner provided above shall continue
until such taxpayer's average monthly liability to the
Department during the preceding 4 complete calendar quarters
(excluding the month of highest liability and the month of
lowest liability) is less than $19,000 or until such taxpayer's
average monthly liability to the Department as computed for
each calendar quarter of the 4 preceding complete calendar
quarter period is less than $20,000. However, if a taxpayer can
show the Department that a substantial change in the taxpayer's
business has occurred which causes the taxpayer to anticipate
that his average monthly tax liability for the reasonably
foreseeable future will fall below the $20,000 threshold stated
above, then such taxpayer may petition the Department for a
change in such taxpayer's reporting status. The Department

shall change such taxpayer's reporting status unless it finds
that such change is seasonal in nature and not likely to be
long term. If any such quarter monthly payment is not paid at
the time or in the amount required by this Section, then the
taxpayer shall be liable for penalties and interest on the
difference between the minimum amount due as a payment and the
amount of such quarter monthly payment actually and timely
paid, except insofar as the taxpayer has previously made
payments for that month to the Department in excess of the
minimum payments previously due as provided in this Section.
The Department shall make reasonable rules and regulations to
govern the quarter monthly payment amount and quarter monthly
payment dates for taxpayers who file on other than a calendar
monthly basis.
The provisions of this paragraph apply before October 1,
2001. Without regard to whether a taxpayer is required to make
quarter monthly payments as specified above, any taxpayer who
is required by Section 2d of this Act to collect and remit
prepaid taxes and has collected prepaid taxes which average in
excess of $25,000 per month during the preceding 2 complete
calendar quarters, shall file a return with the Department as
required by Section 2f and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of the
month during which such liability is incurred. If the month
during which such tax liability is incurred began prior to the
effective date of this amendatory Act of 1985, each payment

shall be in an amount not less than 22.5% of the taxpayer's
actual liability under Section 2d. If the month during which
such tax liability is incurred begins on or after January 1,
1986, each payment shall be in an amount equal to 22.5% of the
taxpayer's actual liability for the month or 27.5% of the
taxpayer's liability for the same calendar month of the
preceding calendar year. If the month during which such tax
liability is incurred begins on or after January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's
liability for the same calendar month of the preceding year.
The amount of such quarter monthly payments shall be credited
against the final tax liability of the taxpayer's return for
that month filed under this Section or Section 2f, as the case
may be. Once applicable, the requirement of the making of
quarter monthly payments to the Department pursuant to this
paragraph shall continue until such taxpayer's average monthly
prepaid tax collections during the preceding 2 complete
calendar quarters is $25,000 or less. If any such quarter
monthly payment is not paid at the time or in the amount
required, the taxpayer shall be liable for penalties and
interest on such difference, except insofar as the taxpayer has
previously made payments for that month in excess of the
minimum payments previously due.
The provisions of this paragraph apply on and after October
1, 2001. Without regard to whether a taxpayer is required to

make quarter monthly payments as specified above, any taxpayer
who is required by Section 2d of this Act to collect and remit
prepaid taxes and has collected prepaid taxes that average in
excess of $20,000 per month during the preceding 4 complete
calendar quarters shall file a return with the Department as
required by Section 2f and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of the
month during which the liability is incurred. Each payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 25% of the taxpayer's liability for
the same calendar month of the preceding year. The amount of
the quarter monthly payments shall be credited against the
final tax liability of the taxpayer's return for that month
filed under this Section or Section 2f, as the case may be.
Once applicable, the requirement of the making of quarter
monthly payments to the Department pursuant to this paragraph
shall continue until the taxpayer's average monthly prepaid tax
collections during the preceding 4 complete calendar quarters
(excluding the month of highest liability and the month of
lowest liability) is less than $19,000 or until such taxpayer's
average monthly liability to the Department as computed for
each calendar quarter of the 4 preceding complete calendar
quarters is less than $20,000. If any such quarter monthly
payment is not paid at the time or in the amount required, the
taxpayer shall be liable for penalties and interest on such
difference, except insofar as the taxpayer has previously made

payments for that month in excess of the minimum payments
previously due.
If any payment provided for in this Section exceeds the
taxpayer's liabilities under this Act, the Use Tax Act, the
Service Occupation Tax Act and the Service Use Tax Act, as
shown on an original monthly return, the Department shall, if
requested by the taxpayer, issue to the taxpayer a credit
memorandum no later than 30 days after the date of payment. The
credit evidenced by such credit memorandum may be assigned by
the taxpayer to a similar taxpayer under this Act, the Use Tax
Act, the Service Occupation Tax Act or the Service Use Tax Act,
in accordance with reasonable rules and regulations to be
prescribed by the Department. If no such request is made, the
taxpayer may credit such excess payment against tax liability
subsequently to be remitted to the Department under this Act,
the Use Tax Act, the Service Occupation Tax Act or the Service
Use Tax Act, in accordance with reasonable rules and
regulations prescribed by the Department. If the Department
subsequently determined that all or any part of the credit
taken was not actually due to the taxpayer, the taxpayer's 2.1%
and 1.75% vendor's discount shall be reduced by 2.1% or 1.75%
of the difference between the credit taken and that actually
due, and that taxpayer shall be liable for penalties and
interest on such difference.
If a retailer of motor fuel is entitled to a credit under
Section 2d of this Act which exceeds the taxpayer's liability

to the Department under this Act for the month which the
taxpayer is filing a return, the Department shall issue the
taxpayer a credit memorandum for the excess.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund, a special fund in the
State treasury which is hereby created, the net revenue
realized for the preceding month from the 1% tax on sales of
food for human consumption which is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks and food which has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances and insulin, urine testing
materials, syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund, a special
fund in the State treasury which is hereby created, 4% of the
net revenue realized for the preceding month from the 6.25%
general rate.
Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol. Beginning
September 1, 2010, each month the Department shall pay into the
County and Mass Transit District Fund 20% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of sales tax holiday items.

Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of tangible personal property.
Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol. Beginning September 1,
2010, each month the Department shall pay into the Local
Government Tax Fund 80% of the net revenue realized for the
preceding month from the 1.25% rate on the selling price of
sales tax holiday items.
Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
is now taxed at 6.25%.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required

to be paid into the Build Illinois Fund pursuant to this Act,
Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
Act, and Section 9 of the Service Occupation Tax Act, such Acts
being hereinafter called the "Tax Acts" and such aggregate of
2.2% or 3.8%, as the case may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the amount transferred to
the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the Annual Specified Amount (as
hereinafter defined), an amount equal to the difference shall
be immediately paid into the Build Illinois Fund from other
moneys received by the Department pursuant to the Tax Acts; the
"Annual Specified Amount" means the amounts specified below for
fiscal years 1986 through 1993:
Fiscal Year Annual Specified Amount
1986 $54,800,000
1987 $76,650,000
1988 $80,480,000
1989 $88,510,000
1990 $115,330,000
1991 $145,470,000
1992 $182,730,000
1993 $206,520,000;
and means the Certified Annual Debt Service Requirement (as
defined in Section 13 of the Build Illinois Bond Act) or the
Tax Act Amount, whichever is greater, for fiscal year 1994 and
each fiscal year thereafter; and further provided, that if on

the last business day of any month the sum of (1) the Tax Act
Amount required to be deposited into the Build Illinois Bond
Account in the Build Illinois Fund during such month and (2)
the amount transferred to the Build Illinois Fund from the
State and Local Sales Tax Reform Fund shall have been less than
1/12 of the Annual Specified Amount, an amount equal to the
difference shall be immediately paid into the Build Illinois
Fund from other moneys received by the Department pursuant to
the Tax Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in
aggregate payments into the Build Illinois Fund pursuant to
this clause (b) for any fiscal year in excess of the greater of
(i) the Tax Act Amount or (ii) the Annual Specified Amount for
such fiscal year. The amounts payable into the Build Illinois
Fund under clause (b) of the first sentence in this paragraph
shall be payable only until such time as the aggregate amount
on deposit under each trust indenture securing Bonds issued and
outstanding pursuant to the Build Illinois Bond Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if
any, and interest on the Bonds secured by such indenture and on
any Bonds expected to be issued thereafter and all fees and
costs payable with respect thereto, all as certified by the
Director of the Bureau of the Budget (now Governor's Office of
Management and Budget). If on the last business day of any

month in which Bonds are outstanding pursuant to the Build
Illinois Bond Act, the aggregate of moneys deposited in the
Build Illinois Bond Account in the Build Illinois Fund in such
month shall be less than the amount required to be transferred
in such month from the Build Illinois Bond Account to the Build
Illinois Bond Retirement and Interest Fund pursuant to Section
13 of the Build Illinois Bond Act, an amount equal to such
deficiency shall be immediately paid from other moneys received
by the Department pursuant to the Tax Acts to the Build
Illinois Fund; provided, however, that any amounts paid to the
Build Illinois Fund in any fiscal year pursuant to this
sentence shall be deemed to constitute payments pursuant to
clause (b) of the first sentence of this paragraph and shall
reduce the amount otherwise payable for such fiscal year
pursuant to that clause (b). The moneys received by the
Department pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
Subject to payment of amounts into the Build Illinois Fund
as provided in the preceding paragraph or in any amendment
thereto hereafter enacted, the following specified monthly
installment of the amount requested in the certificate of the
Chairman of the Metropolitan Pier and Exposition Authority
provided under Section 8.25f of the State Finance Act, but not
in excess of sums designated as "Total Deposit", shall be

deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section
9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place
Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000

2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 275,000,000
2024 275,000,000
2025 275,000,000
2026 279,000,000
2027 292,000,000
2028 307,000,000
2029 322,000,000
2030 338,000,000
2031 350,000,000
2032 350,000,000
and
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the

Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total Deposit",
has been deposited.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993, the Department shall each
month pay into the Illinois Tax Increment Fund 0.27% of 80% of
the net revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal
property.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the

preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year
period, the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and
used only for the transfer to the Common School Fund as part of
the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a statement
of gross receipts as shown by the retailer's last Federal
income tax return. If the total receipts of the business as
reported in the Federal income tax return do not agree with the

gross receipts reported to the Department of Revenue for the
same period, the retailer shall attach to his annual return a
schedule showing a reconciliation of the 2 amounts and the
reasons for the difference. The retailer's annual return to the
Department shall also disclose the cost of goods sold by the
retailer during the year covered by such return, opening and
closing inventories of such goods for such year, costs of goods
used from stock or taken from stock and given away by the
retailer during such year, payroll information of the
retailer's business during such year and any additional
reasonable information which the Department deems would be
helpful in determining the accuracy of the monthly, quarterly
or annual returns filed by such retailer as provided for in
this Section.
If the annual information return required by this Section
is not filed when and as required, the taxpayer shall be liable
as follows:
(i) Until January 1, 1994, the taxpayer shall be liable
for a penalty equal to 1/6 of 1% of the tax due from such
taxpayer under this Act during the period to be covered by
the annual return for each month or fraction of a month
until such return is filed as required, the penalty to be
assessed and collected in the same manner as any other
penalty provided for in this Act.
(ii) On and after January 1, 1994, the taxpayer shall
be liable for a penalty as described in Section 3-4 of the

Uniform Penalty and Interest Act.
The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person who
willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and punished
accordingly. The annual return form prescribed by the
Department shall include a warning that the person signing the
return may be liable for perjury.
The provisions of this Section concerning the filing of an
annual information return do not apply to a retailer who is not
required to file an income tax return with the United States
Government.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in

Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to such
sales, if the retailers who are affected do not make written
objection to the Department to this arrangement.
Any person who promotes, organizes, provides retail
selling space for concessionaires or other types of sellers at
the Illinois State Fair, DuQuoin State Fair, county fairs,
local fairs, art shows, flea markets and similar exhibitions or
events, including any transient merchant as defined by Section
2 of the Transient Merchant Act of 1987, is required to file a
report with the Department providing the name of the merchant's
business, the name of the person or persons engaged in
merchant's business, the permanent address and Illinois
Retailers Occupation Tax Registration Number of the merchant,
the dates and location of the event and other reasonable
information that the Department may require. The report must be
filed not later than the 20th day of the month next following
the month during which the event with retail sales was held.
Any person who fails to file a report required by this Section
commits a business offense and is subject to a fine not to
exceed $250.
Any person engaged in the business of selling tangible
personal property at retail as a concessionaire or other type
of seller at the Illinois State Fair, county fairs, art shows,
flea markets and similar exhibitions or events, or any

transient merchants, as defined by Section 2 of the Transient
Merchant Act of 1987, may be required to make a daily report of
the amount of such sales to the Department and to make a daily
payment of the full amount of tax due. The Department shall
impose this requirement when it finds that there is a
significant risk of loss of revenue to the State at such an
exhibition or event. Such a finding shall be based on evidence
that a substantial number of concessionaires or other sellers
who are not residents of Illinois will be engaging in the
business of selling tangible personal property at retail at the
exhibition or event, or other evidence of a significant risk of
loss of revenue to the State. The Department shall notify
concessionaires and other sellers affected by the imposition of
this requirement. In the absence of notification by the
Department, the concessionaires and other sellers shall file
their returns as otherwise required in this Section.
(Source: P.A. 95-331, eff. 8-21-07; 96-34, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-898, eff. 5-27-10; 96-1012, eff. 7-7-10;
revised 7-22-10.)
Section 135. The Property Tax Code is amended by changing
Sections 15-167, 15-169, 20-25, and 27-75 as follows:
(35 ILCS 200/15-167)
Sec. 15-167. Returning Veterans' Homestead Exemption.
(a) Beginning with taxable year 2007, a homestead

exemption, limited to a reduction set forth under subsection
(b), from the property's value, as equalized or assessed by the
Department, is granted for property that is owned and occupied
as the principal residence of a veteran returning from an armed
conflict involving the armed forces of the United States who is
liable for paying real estate taxes on the property and is an
owner of record of the property or has a legal or equitable
interest therein as evidenced by a written instrument, except
for a leasehold interest, other than a leasehold interest of
land on which a single family residence is located, which is
occupied as the principal residence of a veteran returning from
an armed conflict involving the armed forces of the United
States who has an ownership interest therein, legal, equitable
or as a lessee, and on which he or she is liable for the payment
of property taxes. For purposes of the exemption under this
Section, "veteran" means an Illinois resident who has served as
a member of the United States Armed Forces, a member of the
Illinois National Guard, or a member of the United States
Reserve Forces.
(b) In all counties, the reduction is $5,000 for the
taxable year in which the veteran returns from active duty in
an armed conflict involving the armed forces of the United
States; however, if the veteran first acquires his or her
principal residence during the taxable year in which he or she
returns, but after January 1 of that year, and if the property
is owned and occupied by the veteran as a principal residence

on January 1 of the next taxable year, he or she may apply the
exemption for the next taxable year, and only the next taxable
year, after he or she returns. Beginning in taxable year 2010,
the reduction shall also be allowed for the taxable year after
the taxable year in which the veteran returns from active duty
in an armed conflict involving the armed forces of the United
States. For land improved with an apartment building owned and
operated as a cooperative, the maximum reduction from the value
of the property, as equalized by the Department, must be
multiplied by the number of apartments or units occupied by a
veteran returning from an armed conflict involving the armed
forces of the United States who is liable, by contract with the
owner or owners of record, for paying property taxes on the
property and is an owner of record of a legal or equitable
interest in the cooperative apartment building, other than a
leasehold interest. In a cooperative where a homestead
exemption has been granted, the cooperative association or the
management firm of the cooperative or facility shall credit the
savings resulting from that exemption only to the apportioned
tax liability of the owner or resident who qualified for the
exemption. Any person who willfully refuses to so credit the
savings is guilty of a Class B misdemeanor.
(c) Application must be made during the application period
in effect for the county of his or her residence. The assessor
or chief county assessment officer may determine the
eligibility of residential property to receive the homestead

exemption provided by this Section by application, visual
inspection, questionnaire, or other reasonable methods. The
determination must be made in accordance with guidelines
established by the Department.
(d) The exemption under this Section is in addition to any
other homestead exemption provided in this Article 15.
Notwithstanding Sections 6 and 8 of the State Mandates Act, no
reimbursement by the State is required for the implementation
of any mandate created by this Section.
(Source: P.A. 95-644, eff. 10-12-07; 96-1288, eff. 7-26-10;
96-1418, eff. 8-2-10; revised 9-2-10.)
(35 ILCS 200/15-169)
Sec. 15-169. Disabled veterans standard homestead
exemption.
(a) Beginning with taxable year 2007, an annual homestead
exemption, limited to the amounts set forth in subsection (b),
is granted for property that is used as a qualified residence
by a disabled veteran.
(b) The amount of the exemption under this Section is as
follows:
(1) for veterans with a service-connected disability
of at least (i) 75% for exemptions granted in taxable years
2007 through 2009 and (ii) 70% for exemptions granted in
taxable year 2010 and each taxable year thereafter, as
certified by the United States Department of Veterans

Affairs, the annual exemption is $5,000; and
(2) for veterans with a service-connected disability
of at least 50%, but less than (i) 75% for exemptions
granted in taxable years 2007 through 2009 and (ii) 70% for
exemptions granted in taxable year 2010 and each taxable
year thereafter, as certified by the United States
Department of Veterans Affairs, the annual exemption is
$2,500.
(b-5) If a homestead exemption is granted under this
Section and the person awarded the exemption subsequently
becomes a resident of a facility licensed under the Nursing
Home Care Act or a facility operated by the United States
Department of Veterans Affairs, then the exemption shall
continue (i) so long as the residence continues to be occupied
by the qualifying person's spouse or (ii) if the residence
remains unoccupied but is still owned by the person who
qualified for the homestead exemption.
(c) The tax exemption under this Section carries over to
the benefit of the veteran's surviving spouse as long as the
spouse holds the legal or beneficial title to the homestead,
permanently resides thereon, and does not remarry. If the
surviving spouse sells the property, an exemption not to exceed
the amount granted from the most recent ad valorem tax roll may
be transferred to his or her new residence as long as it is
used as his or her primary residence and he or she does not
remarry.

(d) The exemption under this Section applies for taxable
year 2007 and thereafter. A taxpayer who claims an exemption
under Section 15-165 or 15-168 may not claim an exemption under
this Section.
(e) Each taxpayer who has been granted an exemption under
this Section must reapply on an annual basis. Application must
be made during the application period in effect for the county
of his or her residence. The assessor or chief county
assessment officer may determine the eligibility of
residential property to receive the homestead exemption
provided by this Section by application, visual inspection,
questionnaire, or other reasonable methods. The determination
must be made in accordance with guidelines established by the
Department.
(f) For the purposes of this Section:
"Qualified residence" means real property, but less any
portion of that property that is used for commercial purposes,
with an equalized assessed value of less than $250,000 that is
the disabled veteran's primary residence. Property rented for
more than 6 months is presumed to be used for commercial
purposes.
"Veteran" means an Illinois resident who has served as a
member of the United States Armed Forces on active duty or
State active duty, a member of the Illinois National Guard, or
a member of the United States Reserve Forces and who has
received an honorable discharge.

(Source: P.A. 95-644, eff. 10-12-07; 96-1298, eff. 1-1-11;
96-1418, eff. 8-2-10; revised 9-2-10.)
(35 ILCS 200/20-25)
Sec. 20-25. Forms of payment.
(a) Taxes levied by taxing districts may be satisfied by
payment in legal money of the United States, cashier's check,
certified check, post office money order, bank money order
issued by a national or state bank that is insured by the
Federal Deposit Insurance Corporation, or by a personal or
corporate check drawn on such a bank, to the respective
collection officers who are entitled by law to receive the tax
payments or by credit card in accordance with the Local
Governmental Acceptance of Credit Cards Act. A county collector
may refuse to accept a personal or corporate check within 45
days before a tax sale or at any time if a previous payment by
the same payer was returned by a bank for any reason.
(b) Beginning on January 1, 2012, subject to compliance
with all applicable purchasing requirements, a county with a
population of more than 3,000,000 is required to accept payment
by credit card for each installment of property taxes; provided
that all service charges or fees, as determined by the county,
associated with the processing or accepting of a credit card
payment by the county shall be paid by the taxpayer. If a
taxpayer elects to make a property tax payment by credit card
and a service charge or fee is imposed, the payment of that

service charge or fee shall be deemed voluntary by the taxpayer
and shall not be refundable. Nothing in this subsection
requires a county with a population of more than 3,000,000 to
accept payment by credit card for the payment on any
installment of taxes that is delinquent under Section 21-10,
21-25, or 21-30 of the Property Tax Code or for the purposes of
any tax sale or scavenger sale under Division 3.5, 4, or 5 of
Article 21 of the Property Tax Code. A county that accepts
payment of property taxes by credit card in accordance with the
terms of this subsection shall not incur liability for or
associated with the collection of a property tax payment by
credit card. The public hearing requirement of subsection (a)
of Section 20 of the Local Governmental Acceptance of Credit
Cards Act shall not apply to this subsection. This subsection
is a limitation under subsection (i) of Section 6 of Article
VII of the Illinois Constitution on the concurrent exercise by
home rule units of powers and functions exercised by the State.
(Source: P.A. 96-1248, eff. 7-23-10; 96-1250, eff. 7-23-10;
revised 9-16-10.)
(35 ILCS 200/27-75)
Sec. 27-75. Extension of tax levy. If a property tax is
levied, the tax shall be extended by the county clerk in the
special service area in the manner provided by Articles 1
through 26 of this Code based on equalized assessed values as
established under Articles 1 through 26. The municipality or

county shall file a certified copy of the ordinance creating
the special service area, including an accurate map thereof, a
copy of the public hearing notice, and a description of the
special services to be provided, with the county clerk. The
corporate authorities of the municipality or county may levy
taxes in the special service area prior to the date the levy
must be filed with the county clerk, for the same year in which
the ordinance and map are filed with the county clerk. In
addition, the corporate authorities shall file a certified copy
of each ordinance levying taxes in the special service area on
or before the last Tuesday of December of each year and shall
file a certified copy of any ordinance authorizing the issuance
of bonds and providing for a property tax levy in the area by
December 31 of the year of the first levy.
In lieu of or in addition to an ad valorem property tax, a
special tax may be levied and extended within the special
service area on any other basis that provides a rational
relationship between the amount of the tax levied against each
lot, block, tract and parcel of land in the special service
area and the special service benefit rendered. In that case, a
special tax roll shall be prepared containing: (a) a
description of the special services to be provided, (b) an
explanation of the method of spreading the special tax, (c) a
list of lots, blocks, tracts and parcels of land in the special
service area, and (d) the amount assessed against each. The
special tax roll shall be included in the ordinance

establishing the special service area or in an amendment of the
ordinance, and shall be filed with the county clerk for use in
extending the tax. The lien and foreclosure remedies provided
in Article 9 of the Illinois Municipal Code shall apply upon
non-payment of the special tax.
As an alternative to an ad valorem tax based on the whole
equalized assessed value of the property, the corporate
authorities may provide for the ad valorem tax to be extended
solely upon the equalized assessed value of the land in a
special service area, without regard to improvements, if the
equalized assessed value of the land in the special service
area is at least 75% of the total of the whole equalized
assessed value of property within the special service area at
the time that it was established. If the corporate authorities
choose to provide for this method of taxation on the land value
only, then each notice given in connection with the special
service area must include a statement in substantially the
following form: "The taxes to be extended shall be upon the
equalized assessed value of the land in the proposed special
service area, without regard to improvements." Section 10-30 of
this Code does not apply to any property that is part of a
special service area created under this paragraph, namely,
property for which the ad valorem taxes are extended solely
upon the equalized assessed value of the land in the special
service area, without regard to improvements.
(Source: P.A. 96-1396, eff. 7-29-10; revised 9-16-10.)

Section 140. The Motor Fuel Tax Law is amended by changing
Section 8 as follows:
(35 ILCS 505/8) (from Ch. 120, par. 424)
Sec. 8. Except as provided in Section 8a, subdivision
(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
16 of Section 15, all money received by the Department under
this Act, including payments made to the Department by member
jurisdictions participating in the International Fuel Tax
Agreement, shall be deposited in a special fund in the State
treasury, to be known as the "Motor Fuel Tax Fund", and shall
be used as follows:
(a) 2 1/2 cents per gallon of the tax collected on special
fuel under paragraph (b) of Section 2 and Section 13a of this
Act shall be transferred to the State Construction Account Fund
in the State Treasury;
(b) $420,000 shall be transferred each month to the State
Boating Act Fund to be used by the Department of Natural
Resources for the purposes specified in Article X of the Boat
Registration and Safety Act;
(c) $3,500,000 shall be transferred each month to the Grade
Crossing Protection Fund to be used as follows: not less than
$12,000,000 each fiscal year shall be used for the construction
or reconstruction of rail highway grade separation structures;
$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in

fiscal year 2010 and each fiscal year thereafter shall be
transferred to the Transportation Regulatory Fund and shall be
accounted for as part of the rail carrier portion of such funds
and shall be used to pay the cost of administration of the
Illinois Commerce Commission's railroad safety program in
connection with its duties under subsection (3) of Section
18c-7401 of the Illinois Vehicle Code, with the remainder to be
used by the Department of Transportation upon order of the
Illinois Commerce Commission, to pay that part of the cost
apportioned by such Commission to the State to cover the
interest of the public in the use of highways, roads, streets,
or pedestrian walkways in the county highway system, township
and district road system, or municipal street system as defined
in the Illinois Highway Code, as the same may from time to time
be amended, for separation of grades, for installation,
construction or reconstruction of crossing protection or
reconstruction, alteration, relocation including construction
or improvement of any existing highway necessary for access to
property or improvement of any grade crossing and grade
crossing surface including the necessary highway approaches
thereto of any railroad across the highway or public road, or
for the installation, construction, reconstruction, or
maintenance of a pedestrian walkway over or under a railroad
right-of-way, as provided for in and in accordance with Section
18c-7401 of the Illinois Vehicle Code. The Commission may order
up to $2,000,000 per year in Grade Crossing Protection Fund

moneys for the improvement of grade crossing surfaces and up to
$300,000 per year for the maintenance and renewal of 4-quadrant
gate vehicle detection systems located at non-high speed rail
grade crossings. The Commission shall not order more than
$2,000,000 per year in Grade Crossing Protection Fund moneys
for pedestrian walkways. In entering orders for projects for
which payments from the Grade Crossing Protection Fund will be
made, the Commission shall account for expenditures authorized
by the orders on a cash rather than an accrual basis. For
purposes of this requirement an "accrual basis" assumes that
the total cost of the project is expended in the fiscal year in
which the order is entered, while a "cash basis" allocates the
cost of the project among fiscal years as expenditures are
actually made. To meet the requirements of this subsection, the
Illinois Commerce Commission shall develop annual and 5-year
project plans of rail crossing capital improvements that will
be paid for with moneys from the Grade Crossing Protection
Fund. The annual project plan shall identify projects for the
succeeding fiscal year and the 5-year project plan shall
identify projects for the 5 directly succeeding fiscal years.
The Commission shall submit the annual and 5-year project plans
for this Fund to the Governor, the President of the Senate, the
Senate Minority Leader, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives on the first Wednesday in April of each year;
(d) of the amount remaining after allocations provided for

in subsections (a), (b) and (c), a sufficient amount shall be
reserved to pay all of the following:
(1) the costs of the Department of Revenue in
administering this Act;
(2) the costs of the Department of Transportation in
performing its duties imposed by the Illinois Highway Code
for supervising the use of motor fuel tax funds apportioned
to municipalities, counties and road districts;
(3) refunds provided for in Section 13, refunds for
overpayment of decal fees paid under Section 13a.4 of this
Act, and refunds provided for under the terms of the
International Fuel Tax Agreement referenced in Section
14a;
(4) from October 1, 1985 until June 30, 1994, the
administration of the Vehicle Emissions Inspection Law,
which amount shall be certified monthly by the
Environmental Protection Agency to the State Comptroller
and shall promptly be transferred by the State Comptroller
and Treasurer from the Motor Fuel Tax Fund to the Vehicle
Inspection Fund, and for the period July 1, 1994 through
June 30, 2000, one-twelfth of $25,000,000 each month, for
the period July 1, 2000 through June 30, 2003, one-twelfth
of $30,000,000 each month, and $15,000,000 on July 1, 2003,
and $15,000,000 on January 1, 2004, and $15,000,000 on each
July 1 and October 1, or as soon thereafter as may be
practical, during the period July 1, 2004 through June 30,

2011, for the administration of the Vehicle Emissions
Inspection Law of 2005, to be transferred by the State
Comptroller and Treasurer from the Motor Fuel Tax Fund into
the Vehicle Inspection Fund;
(5) amounts ordered paid by the Court of Claims; and
(6) payment of motor fuel use taxes due to member
jurisdictions under the terms of the International Fuel Tax
Agreement. The Department shall certify these amounts to
the Comptroller by the 15th day of each month; the
Comptroller shall cause orders to be drawn for such
amounts, and the Treasurer shall administer those amounts
on or before the last day of each month;
(e) after allocations for the purposes set forth in
subsections (a), (b), (c) and (d), the remaining amount shall
be apportioned as follows:
(1) Until January 1, 2000, 58.4%, and beginning January
1, 2000, 45.6% shall be deposited as follows:
(A) 37% into the State Construction Account Fund,
and
(B) 63% into the Road Fund, $1,250,000 of which
shall be reserved each month for the Department of
Transportation to be used in accordance with the
provisions of Sections 6-901 through 6-906 of the
Illinois Highway Code;
(2) Until January 1, 2000, 41.6%, and beginning January
1, 2000, 54.4% shall be transferred to the Department of

Transportation to be distributed as follows:
(A) 49.10% to the municipalities of the State,
(B) 16.74% to the counties of the State having
1,000,000 or more inhabitants,
(C) 18.27% to the counties of the State having less
than 1,000,000 inhabitants,
(D) 15.89% to the road districts of the State.
As soon as may be after the first day of each month the
Department of Transportation shall allot to each municipality
its share of the amount apportioned to the several
municipalities which shall be in proportion to the population
of such municipalities as determined by the last preceding
municipal census if conducted by the Federal Government or
Federal census. If territory is annexed to any municipality
subsequent to the time of the last preceding census the
corporate authorities of such municipality may cause a census
to be taken of such annexed territory and the population so
ascertained for such territory shall be added to the population
of the municipality as determined by the last preceding census
for the purpose of determining the allotment for that
municipality. If the population of any municipality was not
determined by the last Federal census preceding any
apportionment, the apportionment to such municipality shall be
in accordance with any census taken by such municipality. Any
municipal census used in accordance with this Section shall be
certified to the Department of Transportation by the clerk of

such municipality, and the accuracy thereof shall be subject to
approval of the Department which may make such corrections as
it ascertains to be necessary.
As soon as may be after the first day of each month the
Department of Transportation shall allot to each county its
share of the amount apportioned to the several counties of the
State as herein provided. Each allotment to the several
counties having less than 1,000,000 inhabitants shall be in
proportion to the amount of motor vehicle license fees received
from the residents of such counties, respectively, during the
preceding calendar year. The Secretary of State shall, on or
before April 15 of each year, transmit to the Department of
Transportation a full and complete report showing the amount of
motor vehicle license fees received from the residents of each
county, respectively, during the preceding calendar year. The
Department of Transportation shall, each month, use for
allotment purposes the last such report received from the
Secretary of State.
As soon as may be after the first day of each month, the
Department of Transportation shall allot to the several
counties their share of the amount apportioned for the use of
road districts. The allotment shall be apportioned among the
several counties in the State in the proportion which the total
mileage of township or district roads in the respective
counties bears to the total mileage of all township and
district roads in the State. Funds allotted to the respective

counties for the use of road districts therein shall be
allocated to the several road districts in the county in the
proportion which the total mileage of such township or district
roads in the respective road districts bears to the total
mileage of all such township or district roads in the county.
After July 1 of any year prior to 2011, no allocation shall be
made for any road district unless it levied a tax for road and
bridge purposes in an amount which will require the extension
of such tax against the taxable property in any such road
district at a rate of not less than either .08% of the value
thereof, based upon the assessment for the year immediately
prior to the year in which such tax was levied and as equalized
by the Department of Revenue or, in DuPage County, an amount
equal to or greater than $12,000 per mile of road under the
jurisdiction of the road district, whichever is less. Beginning
July 1, 2011 and each July 1 thereafter, an allocation shall be
made for any road district if it levied a tax for road and
bridge purposes. In counties other than DuPage County, if the
amount of the tax levy requires the extension of the tax
against the taxable property in the road district at a rate
that is less than 0.08% of the value thereof, based upon the
assessment for the year immediately prior to the year in which
the tax was levied and as equalized by the Department of
Revenue, then the amount of the allocation for that road
district shall be a percentage of the maximum allocation equal
to the percentage obtained by dividing the rate extended by the

district by 0.08%. In DuPage County, if the amount of the tax
levy requires the extension of the tax against the taxable
property in the road district at a rate that is less than the
lesser of (i) 0.08% of the value of the taxable property in the
road district, based upon the assessment for the year
immediately prior to the year in which such tax was levied and
as equalized by the Department of Revenue, or (ii) a rate that
will yield an amount equal to $12,000 per mile of road under
the jurisdiction of the road district, then the amount of the
allocation for the road district shall be a percentage of the
maximum allocation equal to the percentage obtained by dividing
the rate extended by the district by the lesser of (i) 0.08% or
(ii) the rate that will yield an amount equal to $12,000 per
mile of road under the jurisdiction of the road district.
Prior to 2011, if any road district has levied a special
tax for road purposes pursuant to Sections 6-601, 6-602 and
6-603 of the Illinois Highway Code, and such tax was levied in
an amount which would require extension at a rate of not less
than .08% of the value of the taxable property thereof, as
equalized or assessed by the Department of Revenue, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such levy shall, however, be deemed a proper
compliance with this Section and shall qualify such road
district for an allotment under this Section. Beginning in 2011
and thereafter, if any road district has levied a special tax

for road purposes under Sections 6-601, 6-602, and 6-603 of the
Illinois Highway Code, and the tax was levied in an amount that
would require extension at a rate of not less than 0.08% of the
value of the taxable property of that road district, as
equalized or assessed by the Department of Revenue or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, that levy shall be deemed a proper
compliance with this Section and shall qualify such road
district for a full, rather than proportionate, allotment under
this Section. If the levy for the special tax is less than
0.08% of the value of the taxable property, or, in DuPage
County if the levy for the special tax is less than the lesser
of (i) 0.08% or (ii) $12,000 per mile of road under the
jurisdiction of the road district, and if the levy for the
special tax is more than any other levy for road and bridge
purposes, then the levy for the special tax qualifies the road
district for a proportionate, rather than full, allotment under
this Section. If the levy for the special tax is equal to or
less than any other levy for road and bridge purposes, then any
allotment under this Section shall be determined by the other
levy for road and bridge purposes.
Prior to 2011, if a township has transferred to the road
and bridge fund money which, when added to the amount of any
tax levy of the road district would be the equivalent of a tax
levy requiring extension at a rate of at least .08%, or, in

DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such transfer, together with any such tax
levy, shall be deemed a proper compliance with this Section and
shall qualify the road district for an allotment under this
Section.
In counties in which a property tax extension limitation is
imposed under the Property Tax Extension Limitation Law, road
districts may retain their entitlement to a motor fuel tax
allotment or, beginning in 2011, their entitlement to a full
allotment if, at the time the property tax extension limitation
was imposed, the road district was levying a road and bridge
tax at a rate sufficient to entitle it to a motor fuel tax
allotment and continues to levy the maximum allowable amount
after the imposition of the property tax extension limitation.
Any road district may in all circumstances retain its
entitlement to a motor fuel tax allotment or, beginning in
2011, its entitlement to a full allotment if it levied a road
and bridge tax in an amount that will require the extension of
the tax against the taxable property in the road district at a
rate of not less than 0.08% of the assessed value of the
property, based upon the assessment for the year immediately
preceding the year in which the tax was levied and as equalized
by the Department of Revenue or, in DuPage County, an amount
equal to or greater than $12,000 per mile of road under the
jurisdiction of the road district, whichever is less.

As used in this Section the term "road district" means any
road district, including a county unit road district, provided
for by the Illinois Highway Code; and the term "township or
district road" means any road in the township and district road
system as defined in the Illinois Highway Code. For the
purposes of this Section, "township or district road" also
includes such roads as are maintained by park districts, forest
preserve districts and conservation districts. The Department
of Transportation shall determine the mileage of all township
and district roads for the purposes of making allotments and
allocations of motor fuel tax funds for use in road districts.
Payment of motor fuel tax moneys to municipalities and
counties shall be made as soon as possible after the allotment
is made. The treasurer of the municipality or county may invest
these funds until their use is required and the interest earned
by these investments shall be limited to the same uses as the
principal funds.
(Source: P.A. 95-744, eff. 7-18-08; 96-34, eff. 7-13-09; 96-45,
eff. 7-15-09; 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10;
96-1024, eff. 7-12-10; 96-1384, eff. 7-29-10; revised 9-2-10.)
Section 145. The Illinois Pension Code is amended by
changing Sections 7-172, 7-173, 14-104, and 21-102 as follows:
(40 ILCS 5/7-172) (from Ch. 108 1/2, par. 7-172)
Sec. 7-172. Contributions by participating municipalities

and participating instrumentalities.
(a) Each participating municipality and each participating
instrumentality shall make payment to the fund as follows:
1. municipality contributions in an amount determined
by applying the municipality contribution rate to each
payment of earnings paid to each of its participating
employees;
2. an amount equal to the employee contributions
provided by paragraphs (a) and (b) of Section 7-173,
whether or not the employee contributions are withheld as
permitted by that Section;
3. all accounts receivable, together with interest
charged thereon, as provided in Section 7-209;
4. if it has no participating employees with current
earnings, an amount payable which, over a closed period of
20 years for participating municipalities and 10 years for
participating instrumentalities, will amortize, at the
effective rate for that year, any unfunded obligation. The
unfunded obligation shall be computed as provided in
paragraph 2 of subsection (b);
5. if it has fewer than 7 participating employees or a
negative balance in its municipality reserve, the greater
of (A) an amount payable that, over a period of 20 years,
will amortize at the effective rate for that year any
unfunded obligation, computed as provided in paragraph 2 of
subsection (b) or (B) the amount required by paragraph 1 of

this subsection (a).
(b) A separate municipality contribution rate shall be
determined for each calendar year for all participating
municipalities together with all instrumentalities thereof.
The municipality contribution rate shall be determined for
participating instrumentalities as if they were participating
municipalities. The municipality contribution rate shall be
the sum of the following percentages:
1. The percentage of earnings of all the participating
employees of all participating municipalities and
participating instrumentalities which, if paid over the
entire period of their service, will be sufficient when
combined with all employee contributions available for the
payment of benefits, to provide all annuities for
participating employees, and the $3,000 death benefit
payable under Sections 7-158 and 7-164, such percentage to
be known as the normal cost rate.
2. The percentage of earnings of the participating
employees of each participating municipality and
participating instrumentalities necessary to adjust for
the difference between the present value of all benefits,
excluding temporary and total and permanent disability and
death benefits, to be provided for its participating
employees and the sum of its accumulated municipality
contributions and the accumulated employee contributions
and the present value of expected future employee and

municipality contributions pursuant to subparagraph 1 of
this paragraph (b). This adjustment shall be spread over
the remainder of the period that is allowable under
generally accepted accounting principles.
3. The percentage of earnings of the participating
employees of all municipalities and participating
instrumentalities necessary to provide the present value
of all temporary and total and permanent disability
benefits granted during the most recent year for which
information is available.
4. The percentage of earnings of the participating
employees of all participating municipalities and
participating instrumentalities necessary to provide the
present value of the net single sum death benefits expected
to become payable from the reserve established under
Section 7-206 during the year for which this rate is fixed.
5. The percentage of earnings necessary to meet any
deficiency arising in the Terminated Municipality Reserve.
(c) A separate municipality contribution rate shall be
computed for each participating municipality or participating
instrumentality for its sheriff's law enforcement employees.
A separate municipality contribution rate shall be
computed for the sheriff's law enforcement employees of each
forest preserve district that elects to have such employees.
For the period from January 1, 1986 to December 31, 1986, such
rate shall be the forest preserve district's regular rate plus

2%.
In the event that the Board determines that there is an
actuarial deficiency in the account of any municipality with
respect to a person who has elected to participate in the Fund
under Section 3-109.1 of this Code, the Board may adjust the
municipality's contribution rate so as to make up that
deficiency over such reasonable period of time as the Board may
determine.
(d) The Board may establish a separate municipality
contribution rate for all employees who are program
participants employed under the federal Comprehensive
Employment Training Act by all of the participating
municipalities and instrumentalities. The Board may also
provide that, in lieu of a separate municipality rate for these
employees, a portion of the municipality contributions for such
program participants shall be refunded or an extra charge
assessed so that the amount of municipality contributions
retained or received by the fund for all CETA program
participants shall be an amount equal to that which would be
provided by the separate municipality contribution rate for all
such program participants. Refunds shall be made to prime
sponsors of programs upon submission of a claim therefor and
extra charges shall be assessed to participating
municipalities and instrumentalities. In establishing the
municipality contribution rate as provided in paragraph (b) of
this Section, the use of a separate municipality contribution

rate for program participants or the refund of a portion of the
municipality contributions, as the case may be, may be
considered.
(e) Computations of municipality contribution rates for
the following calendar year shall be made prior to the
beginning of each year, from the information available at the
time the computations are made, and on the assumption that the
employees in each participating municipality or participating
instrumentality at such time will continue in service until the
end of such calendar year at their respective rates of earnings
at such time.
(f) Any municipality which is the recipient of State
allocations representing that municipality's contributions for
retirement annuity purposes on behalf of its employees as
provided in Section 12-21.16 of the Illinois Public Aid Code
shall pay the allocations so received to the Board for such
purpose. Estimates of State allocations to be received during
any taxable year shall be considered in the determination of
the municipality's tax rate for that year under Section 7-171.
If a special tax is levied under Section 7-171, none of the
proceeds may be used to reimburse the municipality for the
amount of State allocations received and paid to the Board. Any
multiple-county or consolidated health department which
receives contributions from a county under Section 11.2 of "An
Act in relation to establishment and maintenance of county and
multiple-county health departments", approved July 9, 1943, as

amended, or distributions under Section 3 of the Department of
Public Health Act, shall use these only for municipality
contributions by the health department.
(g) Municipality contributions for the several purposes
specified shall, for township treasurers and employees in the
offices of the township treasurers who meet the qualifying
conditions for coverage hereunder, be allocated among the
several school districts and parts of school districts serviced
by such treasurers and employees in the proportion which the
amount of school funds of each district or part of a district
handled by the treasurer bears to the total amount of all
school funds handled by the treasurer.
From the funds subject to allocation among districts and
parts of districts pursuant to the School Code, the trustees
shall withhold the proportionate share of the liability for
municipality contributions imposed upon such districts by this
Section, in respect to such township treasurers and employees
and remit the same to the Board.
The municipality contribution rate for an educational
service center shall initially be the same rate for each year
as the regional office of education or school district which
serves as its administrative agent. When actuarial data become
available, a separate rate shall be established as provided in
subparagraph (i) of this Section.
The municipality contribution rate for a public agency,
other than a vocational education cooperative, formed under the

Intergovernmental Cooperation Act shall initially be the
average rate for the municipalities which are parties to the
intergovernmental agreement. When actuarial data become
available, a separate rate shall be established as provided in
subparagraph (i) of this Section.
(h) Each participating municipality and participating
instrumentality shall make the contributions in the amounts
provided in this Section in the manner prescribed from time to
time by the Board and all such contributions shall be
obligations of the respective participating municipalities and
participating instrumentalities to this fund. The failure to
deduct any employee contributions shall not relieve the
participating municipality or participating instrumentality of
its obligation to this fund. Delinquent payments of
contributions due under this Section may, with interest, be
recovered by civil action against the participating
municipalities or participating instrumentalities.
Municipality contributions, other than the amount necessary
for employee contributions and Social Security contributions,
for periods of service by employees from whose earnings no
deductions were made for employee contributions to the fund,
may be charged to the municipality reserve for the municipality
or participating instrumentality.
(i) Contributions by participating instrumentalities shall
be determined as provided herein except that the percentage
derived under subparagraph 2 of paragraph (b) of this Section,

and the amount payable under subparagraph 4 of paragraph (a) of
this Section, shall be based on an amortization period of 10
years.
(j) Notwithstanding the other provisions of this Section,
the additional unfunded liability accruing as a result of this
amendatory Act of the 94th General Assembly shall be amortized
over a period of 30 years beginning on January 1 of the second
calendar year following the calendar year in which this
amendatory Act takes effect, except that the employer may
provide for a longer amortization period by adopting a
resolution or ordinance specifying a 35-year or 40-year period
and submitting a certified copy of the ordinance or resolution
to the fund no later than June 1 of the calendar year following
the calendar year in which this amendatory Act takes effect.
(Source: P.A. 96-1084, eff. 7-16-10; 96-1140, eff. 7-21-10;
revised 9-16-10.)
(40 ILCS 5/7-173) (from Ch. 108 1/2, par. 7-173)
Sec. 7-173. Contributions by employees.
(a) Each participating employee shall make contributions
to the fund as follows:
1. For retirement annuity purposes, normal
contributions of 3 3/4% of earnings.
2. Additional contributions of such percentages of
each payment of earnings, as shall be elected by the
employee for retirement annuity purposes, but not in excess

of 10%. The selected rate shall be applicable to all
earnings paid following receipt by the Board of written
notice of election to make such contributions. Additional
contributions at the selected rate shall be made
concurrently with normal contributions.
3. Survivor contributions, by each participating
employee, of 3/4% of each payment of earnings.
(b) Each employee shall make contributions for Federal
Social Security taxes, for periods during which he is a covered
employee, as required by the Social Security Enabling Act and
State and federal law. For participating employees, such
contributions shall be in addition to those required under
paragraph (a) of this Section.
(c) Contributions shall be deducted from each
corresponding payment of earnings paid to each employee and
shall be remitted to the board by the participating
municipality or participating instrumentality making such
payment. The remittance, together with a report of the earnings
and contributions shall be made as directed by the board. For
township treasurers and employees of township treasurers
qualifying as employees hereunder, the contributions herein
required as deductions from salary shall be withheld by the
school township trustees from funds available for the payment
of the compensation of such treasurers and employees as
provided in the School Code and remitted to the board.
(d) An employee who has made additional contributions under

paragraph (a)2 of this Section may upon retirement or at any
time prior thereto, elect to withdraw the total of such
additional contributions including interest credited thereon
to the end of the preceding calendar year.
(e) Failure to make the deductions for employee
contributions provided in paragraph (c) of this Section shall
not relieve the employee from liability for such contributions.
The amount of such liability may be deducted, with interest
charged under Section 7-209, from any annuities or benefits
payable hereunder to the employee or any other person receiving
an annuity or benefit by reason of such employee's
participation.
(f) A participating employee who has at least 40 years of
creditable service in the Fund may elect to cease making the
contributions required under this Section. The status of the
employee under this Article shall be unaffected by this
election, except that the employee shall not receive any
additional creditable service for the periods of employment
following the election. An election under this subsection
relieves the employer from making additional employer
contributions in relation to that employee.
(Source: P.A. 96-1084, eff. 7-16-10; 96-1258, eff. 7-23-10;
revised 9-2-10.)
(40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
Sec. 14-104. Service for which contributions permitted.

Contributions provided for in this Section shall cover the
period of service granted. Except as otherwise provided in this
Section, the contributions shall be based upon the employee's
compensation and contribution rate in effect on the date he
last became a member of the System; provided that for all
employment prior to January 1, 1969 the contribution rate shall
be that in effect for a noncovered employee on the date he last
became a member of the System. Except as otherwise provided in
this Section, contributions permitted under this Section shall
include regular interest from the date an employee last became
a member of the System to the date of payment.
These contributions must be paid in full before retirement
either in a lump sum or in installment payments in accordance
with such rules as may be adopted by the board.
(a) Any member may make contributions as required in this
Section for any period of service, subsequent to the date of
establishment, but prior to the date of membership.
(b) Any employee who had been previously excluded from
membership because of age at entry and subsequently became
eligible may elect to make contributions as required in this
Section for the period of service during which he was
ineligible.
(c) An employee of the Department of Insurance who, after
January 1, 1944 but prior to becoming eligible for membership,
received salary from funds of insurance companies in the
process of rehabilitation, liquidation, conservation or

dissolution, may elect to make contributions as required in
this Section for such service.
(d) Any employee who rendered service in a State office to
which he was elected, or rendered service in the elective
office of Clerk of the Appellate Court prior to the date he
became a member, may make contributions for such service as
required in this Section. Any member who served by appointment
of the Governor under the Civil Administrative Code of Illinois
and did not participate in this System may make contributions
as required in this Section for such service.
(e) Any person employed by the United States government or
any instrumentality or agency thereof from January 1, 1942
through November 15, 1946 as the result of a transfer from
State service by executive order of the President of the United
States shall be entitled to prior service credit covering the
period from January 1, 1942 through December 31, 1943 as
provided for in this Article and to membership service credit
for the period from January 1, 1944 through November 15, 1946
by making the contributions required in this Section. A person
so employed on January 1, 1944 but whose employment began after
January 1, 1942 may qualify for prior service and membership
service credit under the same conditions.
(f) An employee of the Department of Labor of the State of
Illinois who performed services for and under the supervision
of that Department prior to January 1, 1944 but who was
compensated for those services directly by federal funds and

not by a warrant of the Auditor of Public Accounts paid by the
State Treasurer may establish credit for such employment by
making the contributions required in this Section. An employee
of the Department of Agriculture of the State of Illinois, who
performed services for and under the supervision of that
Department prior to June 1, 1963, but was compensated for those
services directly by federal funds and not paid by a warrant of
the Auditor of Public Accounts paid by the State Treasurer, and
who did not contribute to any other public employee retirement
system for such service, may establish credit for such
employment by making the contributions required in this
Section.
(g) Any employee who executed a waiver of membership within
60 days prior to January 1, 1944 may, at any time while in the
service of a department, file with the board a rescission of
such waiver. Upon making the contributions required by this
Section, the member shall be granted the creditable service
that would have been received if the waiver had not been
executed.
(h) Until May 1, 1990, an employee who was employed on a
full-time basis by a regional planning commission for at least
5 continuous years may establish creditable service for such
employment by making the contributions required under this
Section, provided that any credits earned by the employee in
the commission's retirement plan have been terminated.
(i) Any person who rendered full time contractual services

to the General Assembly as a member of a legislative staff may
establish service credit for up to 8 years of such services by
making the contributions required under this Section, provided
that application therefor is made not later than July 1, 1991.
(j) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, but with all of the interest calculated from the date
the employee last became a member of the System or November 19,
1991, whichever is later, to the date of payment, an employee
may establish service credit for a period of up to 4 years
spent in active military service for which he does not qualify
for credit under Section 14-105, provided that (1) he was not
dishonorably discharged from such military service, and (2) the
amount of service credit established by a member under this
subsection (j), when added to the amount of military service
credit granted to the member under subsection (b) of Section
14-105, shall not exceed 5 years. The change in the manner of
calculating interest under this subsection (j) made by this
amendatory Act of the 92nd General Assembly applies to credit
purchased by an employee on or after its effective date and
does not entitle any person to a refund of contributions or
interest already paid. In compliance with Section 14-152.1 of
this Act concerning new benefit increases, any new benefit
increase as a result of the changes to this subsection (j) made
by Public Act 95-483 is funded through the employee

contributions provided for in this subsection (j). Any new
benefit increase as a result of the changes made to this
subsection (j) by Public Act 95-483 is exempt from the
provisions of subsection (d) of Section 14-152.1.
(k) An employee who was employed on a full-time basis by
the Illinois State's Attorneys Association Statewide Appellate
Assistance Service LEAA-ILEC grant project prior to the time
that project became the State's Attorneys Appellate Service
Commission, now the Office of the State's Attorneys Appellate
Prosecutor, an agency of State government, may establish
creditable service for not more than 60 months service for such
employment by making contributions required under this
Section.
(l) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, a member may establish service credit for periods of
less than one year spent on authorized leave of absence from
service, provided that (1) the period of leave began on or
after January 1, 1982 and (2) any credit established by the
member for the period of leave in any other public employee
retirement system has been terminated. A member may establish
service credit under this subsection for more than one period
of authorized leave, and in that case the total period of
service credit established by the member under this subsection
may exceed one year. In determining the contributions required

for establishing service credit under this subsection, the
interest shall be calculated from the beginning of the leave of
absence to the date of payment.
(l-5) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, a member may establish service credit for periods of
up to 2 years spent on authorized leave of absence from
service, provided that during that leave the member represented
or was employed as an officer or employee of a statewide labor
organization that represents members of this System. In
determining the contributions required for establishing
service credit under this subsection, the interest shall be
calculated from the beginning of the leave of absence to the
date of payment.
(m) Any person who rendered contractual services to a
member of the General Assembly as a worker in the member's
district office may establish creditable service for up to 3
years of those contractual services by making the contributions
required under this Section. The System shall determine a
full-time salary equivalent for the purpose of calculating the
required contribution. To establish credit under this
subsection, the applicant must apply to the System by March 1,
1998.
(n) Any person who rendered contractual services to a
member of the General Assembly as a worker providing

constituent services to persons in the member's district may
establish creditable service for up to 8 years of those
contractual services by making the contributions required
under this Section. The System shall determine a full-time
salary equivalent for the purpose of calculating the required
contribution. To establish credit under this subsection, the
applicant must apply to the System by March 1, 1998.
(o) A member who participated in the Illinois Legislative
Staff Internship Program may establish creditable service for
up to one year of that participation by making the contribution
required under this Section. The System shall determine a
full-time salary equivalent for the purpose of calculating the
required contribution. Credit may not be established under this
subsection for any period for which service credit is
established under any other provision of this Code.
(p) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, a member may establish service credit for a period of
up to 8 years during which he or she was employed by the
Visually Handicapped Managers of Illinois in a vending program
operated under a contractual agreement with the Department of
Rehabilitation Services or its successor agency.
This subsection (p) applies without regard to whether the
person was in service on or after the effective date of this
amendatory Act of the 94th General Assembly. In the case of a

person who is receiving a retirement annuity on that effective
date, the increase, if any, shall begin to accrue on the first
annuity payment date following receipt by the System of the
contributions required under this subsection (p).
(q) By paying the required contributions under this
Section, plus an amount determined by the Board to be equal to
the employer's normal cost of the benefit plus interest, an
employee who was laid off but returned to any State employment
may establish creditable service for the period of the layoff,
provided that (1) the applicant applies for the creditable
service under this subsection (q) within 6 months after July
27, 2010 (the effective date of Public Act 96-1320) this
amendatory Act of the 96th General Assembly, (2) the applicant
does not receive credit for that period under any other
provision of this Code, (3) at the time of the layoff, the
applicant is not in an initial probationary status consistent
with the rules of the Department of Central Management
Services, and (4) the total amount of creditable service
established by the applicant under this subsection (q) does not
exceed 3 years. For service established under this subsection
(q), the required employee contribution shall be based on the
rate of compensation earned by the employee on the date of
returning to employment after the layoff and the contribution
rate then in effect, and the required interest shall be
calculated at the actuarially assumed rate from the date of
returning to employment after the layoff to the date of

payment. Funding for any new benefit increase, as defined in
Section 14-152.1 of this Act, that is created under this
subsection (q) will be provided by the employee contributions
required under this subsection (q).
(r) A member who participated in the University of Illinois
Government Public Service Internship Program (GPSI) may
establish creditable service for up to 2 years of that
participation by making the contribution required under this
Section, plus an amount determined by the Board to be equal to
the employer's normal cost of the benefit plus interest. The
System shall determine a full-time salary equivalent for the
purpose of calculating the required contribution. Credit may
not be established under this subsection for any period for
which service credit is established under any other provision
of this Code.
(s) A member who worked as a nurse under a contractual
agreement for the Department of Public Aid, or its successor
agency, the Department of Human Services, in the Client
Assessment Unit and was subsequently determined to be a State
employee by the United States Internal Revenue Service and the
Illinois Labor Relations Board may establish creditable
service for those contractual services by making the
contributions required under this Section. To establish credit
under this subsection, the applicant must apply to the System
by July 1, 2008.
The Department of Human Services shall pay an employer

contribution based upon an amount determined by the Board to be
equal to the employer's normal cost of the benefit, plus
interest.
In compliance with Section 14-152.1 added by Public Act
94-4, the cost of the benefits provided by Public Act 95-583
are offset by the required employee and employer contributions.
(t) Any person who rendered contractual services on a
full-time basis to the Illinois Institute of Natural Resources
and the Illinois Department of Energy and Natural Resources may
establish creditable service for up to 4 years of those
contractual services by making the contributions required
under this Section, plus an amount determined by the Board to
be equal to the employer's normal cost of the benefit plus
interest at the actuarially assumed rate from the first day of
the service for which credit is being established to the date
of payment. To establish credit under this subsection (t), the
applicant must apply to the System within 6 months after July
27, 2010 August 28, 2009 (the effective date of Public Act
96-1320 96-775) this amendatory Act of the 96th General
Assembly.
(u) A member may establish creditable service and earnings
credit for a period of voluntary or involuntary furlough, not
exceeding 5 days, beginning on or after July 1, 2008 and ending
on or before June 30, 2009, that is utilized as a means of
addressing a State fiscal emergency. To receive this credit,
the member must apply in writing to the System before July 1,

2012, and make contributions required under this Section, plus
an amount determined by the Board to be equal to the employer's
normal cost of the benefit, plus interest at the actuarially
assumed rate.
A member may establish creditable service and earnings
credit for a period of voluntary or involuntary furlough, not
exceeding 24 days, beginning on or after July 1, 2009 and
ending on or before June 30, 2011, that is utilized as a means
of addressing a State fiscal emergency. To receive this credit,
the member must, before December 31, 2011, (i) apply in writing
to the System and (ii) make the contributions required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit, plus
interest at the actuarially assumed rate.
(v) Any member who rendered full-time contractual services
to an Illinois Veterans Home operated by the Department of
Veterans' Affairs may establish service credit for up to 8
years of such services by making the contributions required
under this Section, plus an amount determined by the Board to
be equal to the employer's normal cost of the benefit, plus
interest at the actuarially assumed rate. To establish credit
under this subsection, the applicant must apply to the System
no later than 6 months after July 27, 2010 2009 (the effective
date of Public Act 96-1320 96-97) this amendatory Act of the
96th General Assembly.
(Source: P.A. 95-483, eff. 8-28-07; 95-583, eff. 8-31-07;

95-652, eff. 10-11-07; 95-876, eff. 8-21-08; 96-97, eff.
7-27-09; 96-718, eff. 8-25-09; 96-775, eff. 8-28-09; 96-961,
eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1320, eff. 7-27-10;
revised 9-16-10.)
(40 ILCS 5/21-102) (from Ch. 108 1/2, par. 21-102)
Sec. 21-102. Terms defined. For the purposes of this
Article, the terms defined in the Section following this
Section and preceding Section 21-103 Sections 21-102.1 through
21-102.19 shall have the meanings ascribed to them, except when
the context otherwise requires.
(Source: P.A. 84-1472; revised 9-16-10.)
Section 150. The Local Government Energy Conservation Act
is amended by changing Section 3 as follows:
(50 ILCS 515/3)
Sec. 3. Applicable laws. Other State laws and related
administrative requirements apply to this Act, including, but
not limited to, the following laws and related administrative
requirements: the Illinois Human Rights Act, the Prevailing
Wage Act, the Public Construction Bond Act, the Public Works
Preference Act (repealed on June 16, 2010 by Public Act
96-929), the Employment of Illinois Workers on Public Works
Act, the Freedom of Information Act, the Open Meetings Act, the
Illinois Architecture Practice Act of 1989, the Professional

Engineering Practice Act of 1989, the Structural Engineering
Practice Act of 1989, the Local Government Professional
Services Selection Act, and the Contractor Unified License and
Permit Bond Act.
(Source: P.A. 94-1062, eff. 7-31-06; revised 10-19-10.)
Section 155. The Counties Code is amended by changing
Section 4-12001.1 and the heading of Division 5-43 as follows:
(55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
Sec. 4-12001.1. Fees of sheriff in third class counties;
local governments and school districts. The officers herein
named, in counties of the third class, shall be entitled to
receive the fees herein specified from all units of local
government governments and school districts, for the services
mentioned and such other fees as may be provided by law for
such other services not herein designated.
Fees for Sheriff
For serving or attempting to serve any summons on each
defendant, $25.
For serving or attempting to serve each alias summons or
other process mileage will be charged as hereinafter provided
when the address for service differs from the address for
service on the original summons or other process.
For serving or attempting to serve all other process, on
each defendant, $25.

For serving or attempting to serve a subpoena on each
witness, $25.
For serving or attempting to serve each warrant, $25.
For serving or attempting to serve each garnishee, $25.
For summoning each juror, $4.
For serving or attempting to serve each order or judgment
for replevin, $25.
For serving or attempting to serve an order for attachment,
on each defendant, $25.
For serving or attempting to serve an order or judgment for
the possession of real estate in an action of ejectment or in
any other action, or for restitution in an action of forcible
entry and detainer, without aid, $9, and when aid is necessary,
the sheriff shall be allowed to tax in addition the actual
costs thereof.
For serving or attempting to serve notice of judgment, $25.
For levying to satisfy an order in an action for
attachment, $25.
For executing order of court to seize personal property,
$25.
For making certificate of levy on real estate and filing or
recording same, $3, and the fee for filing or recording shall
be advanced by the plaintiff in attachment or by the judgment
creditor and taxed as costs. For taking possession of or
removing property levied on, the sheriff shall be allowed to
tax the necessary actual costs of such possession or removal.

For advertising property for sale, $3.
For making certificate of sale and making and filing
duplicate for record, $3, and the fee for recording same shall
be advanced by the judgment creditor and taxed as costs.
For preparing, executing and acknowledging deed on
redemption from a court sale of real estate, $6; for preparing,
executing and acknowledging all other deeds on sale of real
estate, $4.
For making and filing certificate of redemption, $3.50, and
the fee for recording same shall be advanced by party making
the redemption and taxed as costs.
For making and filing certificate of redemption from a
court sale, $4.50, and the fee for recording same shall be
advanced by the party making the redemption and taxed as costs.
For taking all bonds on legal process, $2.
For taking special bail, $2.
For returning each process, $5.
Mileage for service or attempted service of all process is
a $10 flat fee.
For attending before a court with a prisoner on an order
for habeas corpus, $3.50 per day.
For executing requisitions from other States, $5.
For conveying each prisoner from the prisoner's county to
the jail of another county, per mile for going only, 25�.
For committing to or discharging each prisoner from jail,
$1.

For feeding each prisoner, such compensation to cover
actual costs as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of the
office.
For committing each prisoner to jail under the laws of the
United States, to be paid by the marshal or other person
requiring his confinement, $1.
For feeding such prisoners per day, $1, to be paid by the
marshal or other person requiring the prisoner's confinement.
For discharging such prisoners, $1.
For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls, Reception Centers and Illinois
Security Hospital, the following fees, payable out of the State
Treasury. When one person is conveyed, 15� per mile in going to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital from the place
of conviction; when 2 persons are conveyed at the same time,
15� per mile for the first and 10� per mile for the second
person; when more than 2 persons are conveyed at the same time
as stated above, the sheriff shall be allowed 15� per mile for
the first, 10� per mile for the second and 5� per mile for each
additional person.
The fees provided for herein for transporting persons to
the penitentiary, reformatories, Illinois State Training

School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital, shall be paid
for each trip so made. Mileage as used in this Section means
the shortest route on a hard surfaced road, (either State Bond
Issue Route or Federal highways) or railroad, whichever is
shorter, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training School
for Girls, Reception Centers and Illinois Security Hospital,
and all fees per mile shall be computed on such basis.
In addition to the above fees, there shall be allowed to
the sheriff a fee of $600 for the sale of real estate which
shall be made by virtue of any judgment of a court. In addition
to this fee and all other fees provided by this Section, there
shall be allowed to the sheriff a fee in accordance with the
following schedule for the sale of personal estate which is
made by virtue of any judgment of a court:
For judgments up to $1,000, $90;
For judgments over $1,000 to $15,000, $275;
For judgments over $15,000, $400.
In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the property
levied upon is not actually sold, the sheriff shall be allowed
the fee for levying and mileage, together with half the fee for
all money collected by him or her which he or she would be
entitled to if the same were made by sale in the enforcement of

a judgment. In no case shall the fee exceed the amount of money
arising from the sale.
All fees collected under Sections 4-12001 and 4-12001.1
must be used for public safety purposes only.
(Source: P.A. 94-1104, eff. 6-1-07; revised 9-16-10.)
(55 ILCS 5/Div. 5-43 heading)
Division 5-43. Administrative Adjudication -
Specified Counties
(Source: P.A. 96-1386, eff. 7-29-10; revised 9-28-10.)
Section 160. The Township Code is amended by changing
Section 30-117 as follows:
(60 ILCS 1/30-117)
Sec. 30-117. Special services; disaster relief. The
electors may authorize the use of permanent road funds, general
road and bridge funds, or town funds for the purpose of
collecting, transporting, and disposing of brush and leaves
generated from those properties contiguous to roads as defined
by Section 2-103 of the Illinois Highway Code. Further, the
electors may allow general road and bridge or town funds to
also be used for the purpose of providing disaster relief and
support services approved by the Township Board of Trustees at
a regularly scheduled or special meeting.
(Source: P.A. 93-109, eff. 7-8-03; 93-610, eff. 11-18-03;

revised 11-1-10.)
Section 165. The Illinois Municipal Code is amended by
changing Sections 7-1-13, 7-3-6, 8-4-1, 8-11-1.3, 8-11-1.4,
11-74.3-2, 11-74.3-3, 11-74.3-5, 11-74.3-6, and 11-74.4-4 as
follows:
(65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13)
Sec. 7-1-13. Annexation.
(a) Whenever any unincorporated territory containing 60
acres or less, is wholly bounded by (a) one or more
municipalities, (b) one or more municipalities and a creek in a
county with a population of 400,000 or more, or one or more
municipalities and a river or lake in any county, (c) one or
more municipalities and the Illinois State boundary, (d) except
as provided in item (h) of this subsection (a), one or more
municipalities and property owned by the State of Illinois,
except highway right-of-way owned in fee by the State, (e) one
or more municipalities and a forest preserve district or park
district, (f) if the territory is a triangular parcel of less
than 10 acres, one or more municipalities and an interstate
highway owned in fee by the State and bounded by a frontage
road, (g) one or more municipalities in a county with a
population of more than 800,000 inhabitants and less than
2,000,000 inhabitants and either a railroad or operating
property, as defined in the Property Tax Code (35 ILCS

200/11-70), being immediately adjacent to, but exclusive of
that railroad property, or (h) one or more municipalities
located within a county with a population of more than 800,000
inhabitants and less than 2,000,000 inhabitants and property
owned by the State, including without limitation a highway
right-of-way owned in fee by the State, that territory may be
annexed by any municipality by which it is bounded in whole or
in part, by the passage of an ordinance to that effect after
notice is given as provided in subsection (b) of this Section,
or (h) one or more municipalities located within a county with
a population of more than 800,000 inhabitants and less than
2,000,000 inhabitants and property owned by the State,
including without limitation a highway right-of-way owned in
fee by the State. Land or property that is used for
agricultural purposes or to produce agricultural goods shall
not be annexed pursuant to item (g). Nothing in this Section
shall subject any railroad property to the zoning or
jurisdiction of any municipality annexing the property under
this Section. The ordinance shall describe the territory
annexed and a copy thereof together with an accurate map of the
annexed territory shall be recorded in the office of the
recorder of the county wherein the annexed territory is
situated and a document of annexation shall be filed with the
county clerk and County Election Authority. Nothing in this
Section shall be construed as permitting a municipality to
annex territory of a forest preserve district in a county with

a population of 3,000,000 or more without obtaining the consent
of the district pursuant to Section 8.3 of the Cook County
Forest Preserve District Act nor shall anything in this Section
be construed as permitting a municipality to annex territory
owned by a park district without obtaining the consent of the
district pursuant to Section 8-1.1 of the Park District Code.
(b) The corporate authorities shall cause notice, stating
that annexation of the territory described in the notice is
contemplated under this Section, to be published once, in a
newspaper of general circulation within the territory to be
annexed, not less than 10 days before the passage of the
annexation ordinance, and for land annexed pursuant to item (g)
of subsection (a) of this Section, notice shall be given to the
impacted land owners. The corporate authorities shall also, not
less than 15 days before the passage of the annexation
ordinance, serve written notice, either in person or, at a
minimum, by certified mail, on the taxpayer of record of the
proposed annexed territory as appears from the authentic tax
records of the county. When the territory to be annexed lies
wholly or partially within a township other than the township
where the municipality is situated, the annexing municipality
shall give at least 10 days prior written notice of the time
and place of the passage of the annexation ordinance to the
township supervisor of the township where the territory to be
annexed lies. If the territory to be annexed lies within the
unincorporated area of a county, then the annexing municipality

shall give at least 10 days' prior written notice of the time
and place of the passage of the annexation ordinance to the
corporate authorities of the county where the territory to be
annexed lies.
(c) When notice is given as described in subsection (b) of
this Section, no other municipality may annex the proposed
territory for a period of 60 days from the date the notice is
mailed or delivered to the taxpayer of record unless that other
municipality has initiated annexation proceedings or a valid
petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12
of this Code has been received by the municipality prior to the
publication and mailing of the notices required in subsection
(b).
(Source: P.A. 95-931, eff. 1-1-09; 95-1039, eff. 3-25-09;
96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10; 96-1049, eff.
7-14-10; revised 9-16-10.)
(65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)
Sec. 7-3-6. The owner or owners of record of any area of
land consisting of one or more tracts, lying within the
corporate limits of any municipality may have such territory
disconnected which (1) contains 20 or more acres; (2) is
located on the border of the municipality; (3) if disconnected,
will not result in the isolation of any part of the
municipality from the remainder of the municipality; , (4) if
disconnected, the growth prospects and plan and zoning

ordinances, if any, of such municipality will not be
unreasonably disrupted; , (5) if disconnected, no substantial
disruption will result to existing municipal service
facilities, such as, but not limited to, sewer systems, street
lighting, water mains, garbage collection, and fire
protection; , (6) if disconnected, the municipality will not be
unduly harmed through loss of tax revenue in the future. The
procedure for disconnection shall be as follows: The owner or
owners of record of any such area of land shall file a petition
in the circuit court of the county where the land is situated,
alleging facts in support of the disconnection. The
municipality from which disconnection is sought shall be made a
defendant, and it, or any taxpayer residing in that
municipality, may appear and defend against the petition. If
the court finds that the allegations of the petition are true
and that the area of land is entitled to disconnection it shall
order the specified land disconnected from the designated
municipality. If the circuit court finds that the allegations
contained in the petition are not true, the court shall enter
an order dismissing the petition.
An area of land, or any part thereof, disconnected under
the provisions of this Section from a municipality which was
incorporated at least 2 years prior to the date of the filing
of such petition for disconnection shall not be subdivided into
lots and blocks within one 1 year from the date of such
disconnecting. A plat of any such proposed subdivision shall

not be accepted for recording or registration within such one
year period, unless the land comprising such proposed
subdivision shall have been thereafter incorporated into a
municipality.
(Source: P.A. 83-1362; revised 10-5-10.)
(65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
Sec. 8-4-1. No bonds shall be issued by the corporate
authorities of any municipality until the question of
authorizing such bonds has been submitted to the electors of
that municipality provided that notice of the bond referendum,
if held before July 1, 1999, has been given in accordance with
the provisions of Section 12-5 of the Election Code in effect
at the time of the bond referendum, at least 10 and not more
than 45 days before the date of the election, notwithstanding
the time for publication otherwise imposed by Section 12-5, and
approved by a majority of the electors voting upon that
question. Notices required in connection with the submission of
public questions on or after July 1, 1999 shall be as set forth
in Section 12-5 of the Election Code. The clerk shall certify
the proposition of the corporate authorities to the proper
election authority who shall submit the question at an election
in accordance with the general election law, subject to the
notice provisions set forth in this Section.
Notice of any such election shall contain the amount of the
bond issue, purpose for which issued, and maximum rate of

interest.
However, without the submission of the question of issuing
bonds to the electors, the corporate authorities of any
municipality may authorize the issuance of any of the following
bonds:
(1) Bonds to refund any existing bonded indebtedness;
(2) Bonds to fund or refund any existing judgment
indebtedness;
(3) In any municipality of less than 500,000 population,
bonds to anticipate the collection of installments of special
assessments and special taxes against property owned by the
municipality and to anticipate the collection of the amount
apportioned to the municipality as public benefits under
Article 9;
(4) Bonds issued by any municipality under Sections 8-4-15
through 8-4-23, 11-23-1 through 11-23-12, 11-25-1 through
11-26-6, 11-71-1 through 11-71-10, 11-74.3-1 through
11-74.3-7, 11-74.4-1 through 11-74.4-11, 11-74.5-1 through
11-74.5-15, 11-94-1 through 11-94-7, 11-102-1 through
11-102-10, 11-103-11 through 11-103-15, 11-118-1 through
11-118-6, 11-119-1 through 11-119-5, 11-129-1 through
11-129-7, 11-133-1 through 11-133-4, 11-139-1 through
11-139-12, 11-141-1 through 11-141-18 of this Code or 10-801
through 10-808 of the Illinois Highway Code, as amended;
(5) Bonds issued by the board of education of any school
district under the provisions of Sections 34-30 through 34-36

of The School Code, as amended;
(6) Bonds issued by any municipality under the provisions
of Division 6 of this Article 8; and by any municipality under
the provisions of Division 7 of this Article 8; or under the
provisions of Sections 11-121-4 and 11-121-5;
(7) Bonds to pay for the purchase of voting machines by any
municipality that has adopted Article 24 of The Election Code,
approved May 11, 1943, as amended;
(8) Bonds issued by any municipality under Sections 15 and
46 of the "Environmental Protection Act", approved June 29,
1970;
(9) Bonds issued by the corporate authorities of any
municipality under the provisions of Section 8-4-25 of this
Article 8;
(10) Bonds issued under Section 8-4-26 of this Article 8 by
any municipality having a board of election commissioners;
(11) Bonds issued under the provisions of "An Act to
provide the manner of levying or imposing taxes for the
provision of special services to areas within the boundaries of
home rule units and nonhome rule municipalities and counties",
approved September 21, 1973;
(12) Bonds issued under Section 8-5-16 of this Code;
(13) Bonds to finance the cost of the acquisition,
construction or improvement of water or wastewater treatment
facilities mandated by an enforceable compliance schedule
developed in connection with the federal Clean Water Act or a

compliance order issued by the United States Environmental
Protection Agency or the Illinois Pollution Control Board;
provided that such bonds are authorized by an ordinance adopted
by a three-fifths majority of the corporate authorities of the
municipality issuing the bonds which ordinance shall specify
that the construction or improvement of such facilities is
necessary to alleviate an emergency condition in such
municipality;
(14) Bonds issued by any municipality pursuant to Section
11-113.1-1;
(15) Bonds issued under Sections 11-74.6-1 through
11-74.6-45, the Industrial Jobs Recovery Law of this Code; .
(16) Bonds issued under the Innovation Development and
Economy Act, except as may be required by Section 35 of that
Act.
(Source: P.A. 96-939, eff. 6-24-10; 96-1394, eff. 7-29-10;
revised 9-2-10.)
(65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3)
Sec. 8-11-1.3. Non-Home Rule Municipal Retailers'
Occupation Tax Act. The corporate authorities of a non-home
rule municipality may impose a tax upon all persons engaged in
the business of selling tangible personal property, other than
on an item of tangible personal property which is titled and
registered by an agency of this State's Government, at retail
in the municipality for expenditure on public infrastructure or

for property tax relief or both as defined in Section 8-11-1.2
if approved by referendum as provided in Section 8-11-1.1, of
the gross receipts from such sales made in the course of such
business. If the tax is approved by referendum on or after July
14, 2010 (the effective date of Public Act 96-1057) this
amendatory Act of the 96th General Assembly, the corporate
authorities of a non-home rule municipality may, until December
31, 2015, use the proceeds of the tax for expenditure on
municipal operations, in addition to or in lieu of any
expenditure on public infrastructure or for property tax
relief. The tax imposed may not be more than 1% and may be
imposed only in 1/4% increments. The tax may not be imposed on
the sale of food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for
immediate consumption) and prescription and nonprescription
medicines, drugs, medical appliances, and insulin, urine
testing materials, syringes, and needles used by diabetics. The
tax imposed by a municipality pursuant to this Section and all
civil penalties that may be assessed as an incident thereof
shall be collected and enforced by the State Department of
Revenue. The certificate of registration which is issued by the
Department to a retailer under the Retailers' Occupation Tax
Act shall permit such retailer to engage in a business which is
taxable under any ordinance or resolution enacted pursuant to
this Section without registering separately with the

Department under such ordinance or resolution or under this
Section. The Department shall have full power to administer and
enforce this Section; to collect all taxes and penalties due
hereunder; to dispose of taxes and penalties so collected in
the manner hereinafter provided, and to determine all rights to
credit memoranda, arising on account of the erroneous payment
of tax or penalty hereunder. In the administration of, and
compliance with, this Section, the Department and persons who
are subject to this Section shall have the same rights,
remedies, privileges, immunities, powers and duties, and be
subject to the same conditions, restrictions, limitations,
penalties and definitions of terms, and employ the same modes
of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d,
1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
therein other than the State rate of tax), 2c, 3 (except as to
the disposition of taxes and penalties collected), 4, 5, 5a,
5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8,
9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act as fully as
if those provisions were set forth herein.
No municipality may impose a tax under this Section unless
the municipality also imposes a tax at the same rate under
Section 8-11-1.4 of this Code.
Persons subject to any tax imposed pursuant to the
authority granted in this Section may reimburse themselves for
their seller's tax liability hereunder by separately stating

such tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax which sellers
are required to collect under the Use Tax Act, pursuant to such
bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named, in such notification
from the Department. Such refund shall be paid by the State
Treasurer out of the non-home rule municipal retailers'
occupation tax fund.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected hereunder.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to named municipalities,
the municipalities to be those from which retailers have paid
taxes or penalties hereunder to the Department during the
second preceding calendar month. The amount to be paid to each
municipality shall be the amount (not including credit
memoranda) collected hereunder during the second preceding
calendar month by the Department plus an amount the Department
determines is necessary to offset any amounts which were
erroneously paid to a different taxing body, and not including
an amount equal to the amount of refunds made during the second
preceding calendar month by the Department on behalf of such
municipality, and not including any amount which the Department
determines is necessary to offset any amounts which were
payable to a different taxing body but were erroneously paid to
the municipality, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund. Within 10 days
after receipt, by the Comptroller, of the disbursement
certification to the municipalities, provided for in this
Section to be given to the Comptroller by the Department, the
Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with the directions contained
in such certification.
For the purpose of determining the local governmental unit
whose tax is applicable, a retail sale, by a producer of coal
or other mineral mined in Illinois, is a sale at retail at the
place where the coal or other mineral mined in Illinois is

extracted from the earth. This paragraph does not apply to coal
or other mineral when it is delivered or shipped by the seller
to the purchaser at a point outside Illinois so that the sale
is exempt under the Federal Constitution as a sale in
interstate or foreign commerce.
Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in
any business which under the constitution of the United States
may not be made the subject of taxation by this State.
When certifying the amount of a monthly disbursement to a
municipality under this Section, the Department shall increase
or decrease such amount by an amount necessary to offset any
misallocation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous 6
months from the time a misallocation is discovered.
The Department of Revenue shall implement this amendatory
Act of the 91st General Assembly so as to collect the tax on
and after January 1, 2002.
As used in this Section, "municipal" and "municipality"
means a city, village or incorporated town, including an
incorporated town which has superseded a civil township.
This Section shall be known and may be cited as the
"Non-Home Rule Municipal Retailers' Occupation Tax Act".
(Source: P.A. 96-939, eff. 6-24-10; 96-1057, eff. 7-14-10;
revised 7-22-10.)

(65 ILCS 5/8-11-1.4) (from Ch. 24, par. 8-11-1.4)
Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation
Tax Act. The corporate authorities of a non-home rule
municipality may impose a tax upon all persons engaged, in such
municipality, in the business of making sales of service for
expenditure on public infrastructure or for property tax relief
or both as defined in Section 8-11-1.2 if approved by
referendum as provided in Section 8-11-1.1, of the selling
price of all tangible personal property transferred by such
servicemen either in the form of tangible personal property or
in the form of real estate as an incident to a sale of service.
If the tax is approved by referendum on or after July 14, 2010
(the effective date of Public Act 96-1057) this amendatory Act
of the 96th General Assembly, the corporate authorities of a
non-home rule municipality may, until December 31, 2015, use
the proceeds of the tax for expenditure on municipal
operations, in addition to or in lieu of any expenditure on
public infrastructure or for property tax relief. The tax
imposed may not be more than 1% and may be imposed only in 1/4%
increments. The tax may not be imposed on the sale of food for
human consumption that is to be consumed off the premises where
it is sold (other than alcoholic beverages, soft drinks, and
food that has been prepared for immediate consumption) and
prescription and nonprescription medicines, drugs, medical
appliances, and insulin, urine testing materials, syringes,
and needles used by diabetics. The tax imposed by a

municipality pursuant to this Section and all civil penalties
that may be assessed as an incident thereof shall be collected
and enforced by the State Department of Revenue. The
certificate of registration which is issued by the Department
to a retailer under the Retailers' Occupation Tax Act or under
the Service Occupation Tax Act shall permit such registrant to
engage in a business which is taxable under any ordinance or
resolution enacted pursuant to this Section without
registering separately with the Department under such
ordinance or resolution or under this Section. The Department
shall have full power to administer and enforce this Section;
to collect all taxes and penalties due hereunder; to dispose of
taxes and penalties so collected in the manner hereinafter
provided, and to determine all rights to credit memoranda
arising on account of the erroneous payment of tax or penalty
hereunder. In the administration of, and compliance with, this
Section the Department and persons who are subject to this
Section shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties and
definitions of terms, and employ the same modes of procedure,
as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
respect to all provisions therein other than the State rate of
tax), 4 (except that the reference to the State shall be to the
taxing municipality), 5, 7, 8 (except that the jurisdiction to
which the tax shall be a debt to the extent indicated in that

Section 8 shall be the taxing municipality), 9 (except as to
the disposition of taxes and penalties collected, and except
that the returned merchandise credit for this municipal tax may
not be taken against any State tax), 10, 11, 12 (except the
reference therein to Section 2b of the Retailers' Occupation
Tax Act), 13 (except that any reference to the State shall mean
the taxing municipality), the first paragraph of Section 15,
16, 17, 18, 19 and 20 of the Service Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act, as fully
as if those provisions were set forth herein.
No municipality may impose a tax under this Section unless
the municipality also imposes a tax at the same rate under
Section 8-11-1.3 of this Code.
Persons subject to any tax imposed pursuant to the
authority granted in this Section may reimburse themselves for
their serviceman's tax liability hereunder by separately
stating such tax as an additional charge, which charge may be
stated in combination, in a single amount, with State tax which
servicemen are authorized to collect under the Service Use Tax
Act, pursuant to such bracket schedules as the Department may
prescribe.
Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing credit
memorandum, the Department shall notify the State Comptroller,
who shall cause the order to be drawn for the amount specified,
and to the person named, in such notification from the

Department. Such refund shall be paid by the State Treasurer
out of the municipal retailers' occupation tax fund.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected hereunder.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities,
the municipalities to be those from which suppliers and
servicemen have paid taxes or penalties hereunder to the
Department during the second preceding calendar month. The
amount to be paid to each municipality shall be the amount (not
including credit memoranda) collected hereunder during the
second preceding calendar month by the Department, and not
including an amount equal to the amount of refunds made during
the second preceding calendar month by the Department on behalf
of such municipality, and not including any amounts that are

transferred to the STAR Bonds Revenue Fund. Within 10 days
after receipt, by the Comptroller, of the disbursement
certification to the municipalities and the General Revenue
Fund, provided for in this Section to be given to the
Comptroller by the Department, the Comptroller shall cause the
orders to be drawn for the respective amounts in accordance
with the directions contained in such certification.
The Department of Revenue shall implement this amendatory
Act of the 91st General Assembly so as to collect the tax on
and after January 1, 2002.
Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in
any business which under the constitution of the United States
may not be made the subject of taxation by this State.
As used in this Section, "municipal" or "municipality"
means or refers to a city, village or incorporated town,
including an incorporated town which has superseded a civil
township.
This Section shall be known and may be cited as the
"Non-Home Rule Municipal Service Occupation Tax Act".
(Source: P.A. 96-939, eff. 6-24-10; 96-1057, eff. 7-14-10;
revised 7-22-10.)
(65 ILCS 5/11-74.3-2) (from Ch. 24, par. 11-74.3-2)
Sec. 11-74.3-2. Procedures to designate business
districts; ordinances; notice; hearings.

(a) The corporate authorities of a municipality shall by
ordinance propose the approval of a business district plan and
designation of a business district and shall fix a time and
place for a public hearing on the proposals to approve a
business district plan and designate a business district.
(b) Notice of the public hearing shall be given by
publication at least twice, the first publication to be not
more than 30 nor less than 10 days prior to the hearing, in a
newspaper of general circulation within the municipality. Each
notice published pursuant to this Section shall include the
following:
(1) The time and place of the public hearing;
(2) The boundaries of the proposed business district by
legal description and, where possible, by street location;
(3) A notification that all interested persons will be
given an opportunity to be heard at the public hearing;
(4) A description of the business district plan if a
business district plan is a subject matter of the public
hearing;
(5) The rate of any tax to be imposed pursuant to
subsection (10) (11) or (11) (12) of Section 11-74.3-3;
(6) An invitation for any person to submit alternate
proposals or bids for any proposed conveyance, lease,
mortgage, or other disposition by the municipality of land
or rights in land owned by the municipality and located
within the proposed business district; and

(7) Such other matters as the municipality shall deem
appropriate.
(c) At the public hearing any interested person may file
written objections with the municipal clerk and may be heard
orally with respect to any matters embodied in the notice. The
municipality shall hear and determine all alternate proposals
or bids for any proposed conveyance, lease, mortgage, or other
disposition by the municipality of land or rights in land owned
by the municipality and located within the proposed business
district and all protests and objections at the hearing,
provided, however, that the corporate authorities of the
municipality may establish reasonable rules regarding the
length of time provided to members of the general public. The
hearing may be adjourned to another date without further notice
other than a motion to be entered upon the minutes fixing the
time and place of the adjourned hearing. Public hearings with
regard to approval of a business district plan or designation
of a business district may be held simultaneously.
(d) At the public hearing or at any time prior to the
adoption by the municipality of an ordinance approving a
business district plan, the municipality may make changes in
the business district plan. Changes which do not (i) alter the
exterior boundaries of the proposed business district, (ii)
substantially affect the general land uses described in the
proposed business district plan, (iii) substantially change
the nature of any proposed business district project, (iv)

change the description of any proposed developer, user, or
tenant of any property to be located or improved within the
proposed business district, (v) increase the total estimated
business district project costs set out in the business
district plan by more than 5%, (vi) add additional business
district costs to the itemized list of estimated business
district costs as proposed in the business district plan, or
(vii) impose or increase the rate of any tax to be imposed
pursuant to subsection (10) (11) or (11) (12) of Section
11-74.3-3 may be made by the municipality without further
public hearing, provided the municipality shall give notice of
its changes by publication in a newspaper of general
circulation within the municipality. Such notice by
publication shall be given not later than 30 days following the
adoption of an ordinance approving such changes. Changes which
(i) alter the exterior boundaries of the proposed business
district, (ii) substantially affect the general land uses
described in the proposed business district plan, (iii)
substantially change the nature of any proposed business
district project, (iv) change the description of any proposed
developer, user, or tenant of any property to be located or
improved within the proposed business district, (v) increase
the total estimated business district project costs set out in
the business district plan by more than 5%, (vi) add additional
business district costs to the itemized list of estimated
business district costs as proposed in the business district

plan, or (vii) impose or increase the rate of any tax to be
imposed pursuant to subsection (10) (11) or (11) (12) of
Section 11-74.3-3 may be made by the municipality only after
the municipality by ordinance fixes a time and place for, gives
notice by publication of, and conducts a public hearing
pursuant to the procedures set forth hereinabove.
(e) By ordinance adopted within 90 days of the final
adjournment of the public hearing a municipality may approve
the business district plan and designate the business district.
Any ordinance adopted which approves a business district plan
shall contain findings that the business district on the whole
has not been subject to growth and development through
investment by private enterprises and would not reasonably be
anticipated to be developed or redeveloped without the adoption
of the business district plan. Any ordinance adopted which
designates a business district shall contain the boundaries of
such business district by legal description and, where
possible, by street location, a finding that the business
district plan conforms to the comprehensive plan for the
development of the municipality as a whole, or, for
municipalities with a population of 100,000 or more, regardless
of when the business district plan was approved, the business
district plan either (i) conforms to the strategic economic
development or redevelopment plan issued by the designated
planning authority or the municipality or (ii) includes land
uses that have been approved by the planning commission of the

municipality, and, for any business district in which the
municipality intends to impose taxes as provided in subsection
(10) (11) or (11) (12) of Section 11-74.3-3, a specific finding
that the business district qualifies as a blighted area as
defined in Section 11-74.3-5.
(f) After a municipality has by ordinance approved a
business district plan and designated a business district, the
plan may be amended, the boundaries of the business district
may be altered, and the taxes provided for in subsections (10)
(11) and (11) (12) of Section 11-74.3-3 may be imposed or
altered only as provided in this subsection. Changes which do
not (i) alter the exterior boundaries of the proposed business
district, (ii) substantially affect the general land uses
described in the business district plan, (iii) substantially
change the nature of any business district project, (iv) change
the description of any developer, user, or tenant of any
property to be located or improved within the proposed business
district, (v) increase the total estimated business district
project costs set out in the business district plan by more
than 5% after adjustment for inflation from the date the
business district plan was approved, (vi) add additional
business district costs to the itemized list of estimated
business district costs as approved in the business district
plan, or (vii) impose or increase the rate of any tax to be
imposed pursuant to subsection (10) (11) or (11) (12) of
Section 11-74.3-3 may be made by the municipality without

further public hearing, provided the municipality shall give
notice of its changes by publication in a newspaper of general
circulation within the municipality. Such notice by
publication shall be given not later than 30 days following the
adoption of an ordinance approving such changes. Changes which
(i) alter the exterior boundaries of the business district,
(ii) substantially affect the general land uses described in
the business district plan, (iii) substantially change the
nature of any business district project, (iv) change the
description of any developer, user, or tenant of any property
to be located or improved within the proposed business
district, (v) increase the total estimated business district
project costs set out in the business district plan by more
than 5% after adjustment for inflation from the date the
business district plan was approved, (vi) add additional
business district costs to the itemized list of estimated
business district costs as approved in the business district
plan, or (vii) impose or increase the rate of any tax to be
imposed pursuant to subsection (10) (11) or (11) (12) of
Section 11-74.3-3 may be made by the municipality only after
the municipality by ordinance fixes a time and place for, gives
notice by publication of, and conducts a public hearing
pursuant to the procedures set forth in this Section.
(Source: P.A. 96-1394, eff. 7-29-10; revised 9-7-10.)
(65 ILCS 5/11-74.3-3) (from Ch. 24, par. 11-74.3-3)

Sec. 11-74.3-3. Powers of municipalities. In addition to
the powers a municipality may now have, a municipality shall
have the following powers:
(1) To make and enter into all contracts necessary or
incidental to the implementation and furtherance of a
business district plan. A contract by and between the
municipality and any developer or other nongovernmental
person to pay or reimburse said developer or other
nongovernmental person for business district project costs
incurred or to be incurred by said developer or other
nongovernmental person shall not be deemed an economic
incentive agreement under Section 8-11-20, notwithstanding
the fact that such contract provides for the sharing,
rebate, or payment of retailers' occupation taxes or
service occupation taxes (including, without limitation,
taxes imposed pursuant to subsection (10) (11)) the
municipality receives from the development or
redevelopment of properties in the business district.
Contracts entered into pursuant to this subsection shall be
binding upon successor corporate authorities of the
municipality and any party to such contract may seek to
enforce and compel performance of the contract by civil
action, mandamus, injunction, or other proceeding.
(2) Within a business district, to acquire by purchase,
donation, or lease, and to own, convey, lease, mortgage, or
dispose of land and other real or personal property or

rights or interests therein; and to grant or acquire
licenses, easements, and options with respect thereto, all
in the manner and at such price authorized by law. No
conveyance, lease, mortgage, disposition of land or other
property acquired by the municipality, or agreement
relating to the development of property, shall be made or
executed except pursuant to prior official action of the
municipality. No conveyance, lease, mortgage, or other
disposition of land owned by the municipality, and no
agreement relating to the development of property, within a
business district shall be made without making public
disclosure of the terms and disposition of all bids and
proposals submitted to the municipality in connection
therewith.
(2.5) To acquire property by eminent domain in
accordance with the Eminent Domain Act.
(3) To clear any area within a business district by
demolition or removal of any existing buildings,
structures, fixtures, utilities, or improvements, and to
clear and grade land.
(4) To install, repair, construct, reconstruct, or
relocate public streets, public utilities, and other
public site improvements within or without a business
district which are essential to the preparation of a
business district for use in accordance with a business
district plan.

(5) To renovate, rehabilitate, reconstruct, relocate,
repair, or remodel any existing buildings, structures,
works, utilities, or fixtures within any business
district.
(6) To construct public improvements, including but
not limited to buildings, structures, works, utilities, or
fixtures within any business district.
(7) To fix, charge, and collect fees, rents, and
charges for the use of any building, facility, or property
or any portion thereof owned or leased by the municipality
within a business district.
(8) To pay or cause to be paid business district
project costs. Any payments to be made by the municipality
to developers or other nongovernmental persons for
business district project costs incurred by such developer
or other nongovernmental person shall be made only pursuant
to the prior official action of the municipality evidencing
an intent to pay or cause to be paid such business district
project costs. A municipality is not required to obtain any
right, title, or interest in any real or personal property
in order to pay business district project costs associated
with such property. The municipality shall adopt such
accounting procedures as shall be necessary to determine
that such business district project costs are properly
paid.
(9) To apply for and accept grants, guarantees,

donations of property or labor or any other thing of value
for use in connection with a business district project.
(10) If the municipality has by ordinance found and
determined that the business district is a blighted area
under this Law, to impose a retailers' occupation tax and a
service occupation tax in the business district for the
planning, execution, and implementation of business
district plans and to pay for business district project
costs as set forth in the business district plan approved
by the municipality.
(11) If the municipality has by ordinance found and
determined that the business district is a blighted area
under this Law, to impose a hotel operators' occupation tax
in the business district for the planning, execution, and
implementation of business district plans and to pay for
the business district project costs as set forth in the
business district plan approved by the municipality..
(Source: P.A. 96-1394, eff. 7-29-10; revised 9-7-10.)
(65 ILCS 5/11-74.3-5)
Sec. 11-74.3-5. Definitions. The following terms as used in
this Law shall have the following meanings:
"Blighted area" means an area that is a blighted area
which, by reason of the predominance of defective,
non-existent, or inadequate street layout, unsanitary or
unsafe conditions, deterioration of site improvements,

improper subdivision or obsolete platting, or the existence of
conditions which endanger life or property by fire or other
causes, or any combination of those factors, retards the
provision of housing accommodations or constitutes an economic
or social liability, an economic underutilization of the area,
or a menace to the public health, safety, morals, or welfare.
"Business district" means a contiguous area which includes
only parcels of real property directly and substantially
benefited by the proposed business district plan. A business
district may, but need not be, a blighted area, but no
municipality shall be authorized to impose taxes pursuant to
subsection (10) (11) or (11) (12) of Section 11-74.3-3 in a
business district which has not been determined by ordinance to
be a blighted area under this Law.
"Business district plan" shall mean the written plan for
the development or redevelopment of a business district. Each
business district plan shall set forth in writing: (i) a
specific description of the boundaries of the proposed business
district, including a map illustrating the boundaries; (ii) a
general description of each project proposed to be undertaken
within the business district, including a description of the
approximate location of each project and a description of any
developer, user, or tenant of any property to be located or
improved within the proposed business district; (iii) the name
of the proposed business district; (iv) the estimated business
district project costs; (v) the anticipated source of funds to

pay business district project costs; (vi) the anticipated type
and terms of any obligations to be issued; and (vii) the rate
of any tax to be imposed pursuant to subsection (10) (11) or
(11) (12) of Section 11-74.3-3 and the period of time for which
the tax shall be imposed.
"Business district project costs" shall mean and include
the sum total of all costs incurred by a municipality, other
governmental entity, or nongovernmental person in connection
with a business district, in the furtherance of a business
district plan, including, without limitation, the following:
(1) costs of studies, surveys, development of plans and
specifications, implementation and administration of a
business district plan, and personnel and professional
service costs including architectural, engineering, legal,
marketing, financial, planning, or other professional
services, provided that no charges for professional
services may be based on a percentage of tax revenues
received by the municipality;
(2) property assembly costs, including but not limited
to, acquisition of land and other real or personal property
or rights or interests therein, and specifically including
payments to developers or other nongovernmental persons as
reimbursement for property assembly costs incurred by that
developer or other nongovernmental person;
(3) site preparation costs, including but not limited
to clearance, demolition or removal of any existing

buildings, structures, fixtures, utilities, and
improvements and clearing and grading of land;
(4) costs of installation, repair, construction,
reconstruction, extension, or relocation of public
streets, public utilities, and other public site
improvements within or without the business district which
are essential to the preparation of the business district
for use in accordance with the business district plan, and
specifically including payments to developers or other
nongovernmental persons as reimbursement for site
preparation costs incurred by the developer or
nongovernmental person;
(5) costs of renovation, rehabilitation,
reconstruction, relocation, repair, or remodeling of any
existing buildings, improvements, and fixtures within the
business district, and specifically including payments to
developers or other nongovernmental persons as
reimbursement for costs incurred by those developers or
nongovernmental persons;
(6) costs of installation or construction within the
business district of buildings, structures, works,
streets, improvements, equipment, utilities, or fixtures,
and specifically including payments to developers or other
nongovernmental persons as reimbursements for such costs
incurred by such developer or nongovernmental person;
(7) financing costs, including but not limited to all

necessary and incidental expenses related to the issuance
of obligations, payment of any interest on any obligations
issued under this Law that accrues during the estimated
period of construction of any development or redevelopment
project for which those obligations are issued and for not
exceeding 36 months thereafter, and any reasonable
reserves related to the issuance of those obligations; and
(8) relocation costs to the extent that a municipality
determines that relocation costs shall be paid or is
required to make payment of relocation costs by federal or
State law.
"Business district tax allocation fund" means the special
fund to be established by a municipality for a business
district as provided in Section 11-74.3-6.
"Dissolution date" means the date on which the business
district tax allocation fund shall be dissolved. The
dissolution date shall be not later than 270 days following
payment to the municipality of the last distribution of taxes
as provided in Section 11-74.3-6.
(Source: P.A. 96-1394, eff. 7-29-10; revised 9-7-10.)
(65 ILCS 5/11-74.3-6)
Sec. 11-74.3-6. Business district revenue and obligations;
business district tax allocation fund.
(a) If the corporate authorities of a municipality have
approved a business district plan, have designated a business

district, and have elected to impose a tax by ordinance
pursuant to subsection (10) (11) or (11) (12) of Section
11-74.3-3, then each year after the date of the approval of the
ordinance but terminating upon the date all business district
project costs and all obligations paying or reimbursing
business district project costs, if any, have been paid, but in
no event later than the dissolution date, all amounts generated
by the retailers' occupation tax and service occupation tax
shall be collected and the tax shall be enforced by the
Department of Revenue in the same manner as all retailers'
occupation taxes and service occupation taxes imposed in the
municipality imposing the tax and all amounts generated by the
hotel operators' occupation tax shall be collected and the tax
shall be enforced by the municipality in the same manner as all
hotel operators' occupation taxes imposed in the municipality
imposing the tax. The corporate authorities of the municipality
shall deposit the proceeds of the taxes imposed under
subsections (10) (11) and (11) (12) of Section 11-74.3-3 into a
special fund of the municipality called the "[Name of] Business
District Tax Allocation Fund" for the purpose of paying or
reimbursing business district project costs and obligations
incurred in the payment of those costs.
(b) The corporate authorities of a municipality that has
designated a business district under this Law may, by
ordinance, impose a Business District Retailers' Occupation
Tax upon all persons engaged in the business of selling

tangible personal property, other than an item of tangible
personal property titled or registered with an agency of this
State's government, at retail in the business district at a
rate not to exceed 1% of the gross receipts from the sales made
in the course of such business, to be imposed only in 0.25%
increments. The tax may not be imposed on food for human
consumption that is to be consumed off the premises where it is
sold (other than alcoholic beverages, soft drinks, and food
that has been prepared for immediate consumption),
prescription and nonprescription medicines, drugs, medical
appliances, modifications to a motor vehicle for the purpose of
rendering it usable by a disabled person, and insulin, urine
testing materials, syringes, and needles used by diabetics, for
human use.
The tax imposed under this subsection and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the Department of Revenue. The
certificate of registration that is issued by the Department to
a retailer under the Retailers' Occupation Tax Act shall permit
the retailer to engage in a business that is taxable under any
ordinance or resolution enacted pursuant to this subsection
without registering separately with the Department under such
ordinance or resolution or under this subsection. The
Department of Revenue shall have full power to administer and
enforce this subsection; to collect all taxes and penalties due
under this subsection in the manner hereinafter provided; and

to determine all rights to credit memoranda arising on account
of the erroneous payment of tax or penalty under this
subsection. In the administration of, and compliance with, this
subsection, the Department and persons who are subject to this
subsection shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,
exemptions, and definitions of terms and employ the same modes
of procedure, as are prescribed in Sections 1, 1a through 1o, 2
through 2-65 (in respect to all provisions therein other than
the State rate of tax), 2c through 2h, 3 (except as to the
disposition of taxes and penalties collected), 4, 5, 5a, 5c,
5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11,
12, 13, and 14 of the Retailers' Occupation Tax Act and all
provisions of the Uniform Penalty and Interest Act, as fully as
if those provisions were set forth herein.
Persons subject to any tax imposed under this subsection
may reimburse themselves for their seller's tax liability under
this subsection by separately stating the tax as an additional
charge, which charge may be stated in combination, in a single
amount, with State taxes that sellers are required to collect
under the Use Tax Act, in accordance with such bracket
schedules as the Department may prescribe.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State

Comptroller, who shall cause the order to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the business district retailers' occupation
tax fund.
The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes, penalties, and
interest collected under this subsection for deposit into the
business district retailers' occupation tax fund.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this subsection
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities
from the business district retailers' occupation tax fund, the
municipalities to be those from which retailers have paid taxes
or penalties under this subsection to the Department during the
second preceding calendar month. The amount to be paid to each
municipality shall be the amount (not including credit

memoranda) collected under this subsection during the second
preceding calendar month by the Department plus an amount the
Department determines is necessary to offset any amounts that
were erroneously paid to a different taxing body, and not
including an amount equal to the amount of refunds made during
the second preceding calendar month by the Department, less 2%
of that amount, which shall be deposited into the Tax
Compliance and Administration Fund and shall be used by the
Department, subject to appropriation, to cover the costs of the
Department in administering and enforcing the provisions of
this subsection, on behalf of such municipality, and not
including any amount that the Department determines is
necessary to offset any amounts that were payable to a
different taxing body but were erroneously paid to the
municipality, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund. Within 10 days
after receipt by the Comptroller of the disbursement
certification to the municipalities provided for in this
subsection to be given to the Comptroller by the Department,
the Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with the directions contained
in the certification. The proceeds of the tax paid to
municipalities under this subsection shall be deposited into
the Business District Tax Allocation Fund by the municipality.
An ordinance imposing or discontinuing the tax under this
subsection or effecting a change in the rate thereof shall

either (i) be adopted and a certified copy thereof filed with
the Department on or before the first day of April, whereupon
the Department, if all other requirements of this subsection
are met, shall proceed to administer and enforce this
subsection as of the first day of July next following the
adoption and filing; or (ii) be adopted and a certified copy
thereof filed with the Department on or before the first day of
October, whereupon, if all other requirements of this
subsection are met, the Department shall proceed to administer
and enforce this subsection as of the first day of January next
following the adoption and filing.
The Department of Revenue shall not administer or enforce
an ordinance imposing, discontinuing, or changing the rate of
the tax under this subsection, until the municipality also
provides, in the manner prescribed by the Department, the
boundaries of the business district and each address in the
business district in such a way that the Department can
determine by its address whether a business is located in the
business district. The municipality must provide this boundary
and address information to the Department on or before April 1
for administration and enforcement of the tax under this
subsection by the Department beginning on the following July 1
and on or before October 1 for administration and enforcement
of the tax under this subsection by the Department beginning on
the following January 1. The Department of Revenue shall not
administer or enforce any change made to the boundaries of a

business district or address change, addition, or deletion
until the municipality reports the boundary change or address
change, addition, or deletion to the Department in the manner
prescribed by the Department. The municipality must provide
this boundary change information to the Department on or before
April 1 for administration and enforcement by the Department of
the change beginning on the following July 1 and on or before
October 1 for administration and enforcement by the Department
of the change beginning on the following January 1. The
retailers in the business district shall be responsible for
charging the tax imposed under this subsection. If a retailer
is incorrectly included or excluded from the list of those
required to collect the tax under this subsection, both the
Department of Revenue and the retailer shall be held harmless
if they reasonably relied on information provided by the
municipality.
A municipality that imposes the tax under this subsection
must submit to the Department of Revenue any other information
as the Department may require for the administration and
enforcement of the tax.
When certifying the amount of a monthly disbursement to a
municipality under this subsection, the Department shall
increase or decrease the amount by an amount necessary to
offset any misallocation of previous disbursements. The offset
amount shall be the amount erroneously disbursed within the
previous 6 months from the time a misallocation is discovered.

Nothing in this subsection shall be construed to authorize
the municipality to impose a tax upon the privilege of engaging
in any business which under the Constitution of the United
States may not be made the subject of taxation by this State.
If a tax is imposed under this subsection (b), a tax shall
also be imposed under subsection (c) of this Section.
(c) If a tax has been imposed under subsection (b), a
Business District Service Occupation Tax shall also be imposed
upon all persons engaged, in the business district, in the
business of making sales of service, who, as an incident to
making those sales of service, transfer tangible personal
property within the business district, either in the form of
tangible personal property or in the form of real estate as an
incident to a sale of service. The tax shall be imposed at the
same rate as the tax imposed in subsection (b) and shall not
exceed 1% of the selling price of tangible personal property so
transferred within the business district, to be imposed only in
0.25% increments. The tax may not be imposed on food for human
consumption that is to be consumed off the premises where it is
sold (other than alcoholic beverages, soft drinks, and food
that has been prepared for immediate consumption),
prescription and nonprescription medicines, drugs, medical
appliances, modifications to a motor vehicle for the purpose of
rendering it usable by a disabled person, and insulin, urine
testing materials, syringes, and needles used by diabetics, for
human use.

The tax imposed under this subsection and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the Department of Revenue. The
certificate of registration which is issued by the Department
to a retailer under the Retailers' Occupation Tax Act or under
the Service Occupation Tax Act shall permit such registrant to
engage in a business which is taxable under any ordinance or
resolution enacted pursuant to this subsection without
registering separately with the Department under such
ordinance or resolution or under this subsection. The
Department of Revenue shall have full power to administer and
enforce this subsection; to collect all taxes and penalties due
under this subsection; to dispose of taxes and penalties so
collected in the manner hereinafter provided; and to determine
all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty under this subsection. In
the administration of, and compliance with this subsection, the
Department and persons who are subject to this subsection shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions,
and definitions of terms and employ the same modes of procedure
as are prescribed in Sections 2, 2a through 2d, 3 through 3-50
(in respect to all provisions therein other than the State rate
of tax), 4 (except that the reference to the State shall be to
the business district), 5, 7, 8 (except that the jurisdiction

to which the tax shall be a debt to the extent indicated in
that Section 8 shall be the municipality), 9 (except as to the
disposition of taxes and penalties collected, and except that
the returned merchandise credit for this tax may not be taken
against any State tax), 10, 11, 12 (except the reference
therein to Section 2b of the Retailers' Occupation Tax Act), 13
(except that any reference to the State shall mean the
municipality), the first paragraph of Section 15, and Sections
16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all
provisions of the Uniform Penalty and Interest Act, as fully as
if those provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax that servicemen
are authorized to collect under the Service Use Tax Act, in
accordance with such bracket schedules as the Department may
prescribe.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named, in such notification
from the Department. Such refund shall be paid by the State
Treasurer out of the business district retailers' occupation

tax fund.
The Department shall forthwith pay over to the State
Treasurer, ex-officio, as trustee, all taxes, penalties, and
interest collected under this subsection for deposit into the
business district retailers' occupation tax fund.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this subsection
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities
from the business district retailers' occupation tax fund, the
municipalities to be those from which suppliers and servicemen
have paid taxes or penalties under this subsection to the
Department during the second preceding calendar month. The
amount to be paid to each municipality shall be the amount (not
including credit memoranda) collected under this subsection
during the second preceding calendar month by the Department,
less 2% of that amount, which shall be deposited into the Tax
Compliance and Administration Fund and shall be used by the

Department, subject to appropriation, to cover the costs of the
Department in administering and enforcing the provisions of
this subsection, and not including an amount equal to the
amount of refunds made during the second preceding calendar
month by the Department on behalf of such municipality, and not
including any amounts that are transferred to the STAR Bonds
Revenue Fund. Within 10 days after receipt, by the Comptroller,
of the disbursement certification to the municipalities,
provided for in this subsection to be given to the Comptroller
by the Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with the
directions contained in such certification. The proceeds of the
tax paid to municipalities under this subsection shall be
deposited into the Business District Tax Allocation Fund by the
municipality.
An ordinance imposing or discontinuing the tax under this
subsection or effecting a change in the rate thereof shall
either (i) be adopted and a certified copy thereof filed with
the Department on or before the first day of April, whereupon
the Department, if all other requirements of this subsection
are met, shall proceed to administer and enforce this
subsection as of the first day of July next following the
adoption and filing; or (ii) be adopted and a certified copy
thereof filed with the Department on or before the first day of
October, whereupon, if all other conditions of this subsection
are met, the Department shall proceed to administer and enforce

this subsection as of the first day of January next following
the adoption and filing.
The Department of Revenue shall not administer or enforce
an ordinance imposing, discontinuing, or changing the rate of
the tax under this subsection, until the municipality also
provides, in the manner prescribed by the Department, the
boundaries of the business district in such a way that the
Department can determine by its address whether a business is
located in the business district. The municipality must provide
this boundary and address information to the Department on or
before April 1 for administration and enforcement of the tax
under this subsection by the Department beginning on the
following July 1 and on or before October 1 for administration
and enforcement of the tax under this subsection by the
Department beginning on the following January 1. The Department
of Revenue shall not administer or enforce any change made to
the boundaries of a business district or address change,
addition, or deletion until the municipality reports the
boundary change or address change, addition, or deletion to the
Department in the manner prescribed by the Department. The
municipality must provide this boundary change information or
address change, addition, or deletion to the Department on or
before April 1 for administration and enforcement by the
Department of the change beginning on the following July 1 and
on or before October 1 for administration and enforcement by
the Department of the change beginning on the following January

1. The retailers in the business district shall be responsible
for charging the tax imposed under this subsection. If a
retailer is incorrectly included or excluded from the list of
those required to collect the tax under this subsection, both
the Department of Revenue and the retailer shall be held
harmless if they reasonably relied on information provided by
the municipality.
A municipality that imposes the tax under this subsection
must submit to the Department of Revenue any other information
as the Department may require for the administration and
enforcement of the tax.
Nothing in this subsection shall be construed to authorize
the municipality to impose a tax upon the privilege of engaging
in any business which under the Constitution of the United
States may not be made the subject of taxation by the State.
If a tax is imposed under this subsection (c), a tax shall
also be imposed under subsection (b) of this Section.
(d) By ordinance, a municipality that has designated a
business district under this Law may impose an occupation tax
upon all persons engaged in the business district in the
business of renting, leasing, or letting rooms in a hotel, as
defined in the Hotel Operators' Occupation Tax Act, at a rate
not to exceed 1% of the gross rental receipts from the renting,
leasing, or letting of hotel rooms within the business
district, to be imposed only in 0.25% increments, excluding,
however, from gross rental receipts the proceeds of renting,

leasing, or letting to permanent residents of a hotel, as
defined in the Hotel Operators' Occupation Tax Act, and
proceeds from the tax imposed under subsection (c) of Section
13 of the Metropolitan Pier and Exposition Authority Act.
The tax imposed by the municipality under this subsection
and all civil penalties that may be assessed as an incident to
that tax shall be collected and enforced by the municipality
imposing the tax. The municipality shall have full power to
administer and enforce this subsection, to collect all taxes
and penalties due under this subsection, to dispose of taxes
and penalties so collected in the manner provided in this
subsection, and to determine all rights to credit memoranda
arising on account of the erroneous payment of tax or penalty
under this subsection. In the administration of and compliance
with this subsection, the municipality and persons who are
subject to this subsection shall have the same rights,
remedies, privileges, immunities, powers, and duties, shall be
subject to the same conditions, restrictions, limitations,
penalties, and definitions of terms, and shall employ the same
modes of procedure as are employed with respect to a tax
adopted by the municipality under Section 8-3-14 of this Code.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
tax liability for that tax by separately stating that tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State taxes imposed under the Hotel

Operators' Occupation Tax Act, and with any other tax.
Nothing in this subsection shall be construed to authorize
a municipality to impose a tax upon the privilege of engaging
in any business which under the Constitution of the United
States may not be made the subject of taxation by this State.
The proceeds of the tax imposed under this subsection shall
be deposited into the Business District Tax Allocation Fund.
(e) Obligations secured by the Business District Tax
Allocation Fund may be issued to provide for the payment or
reimbursement of business district project costs. Those
obligations, when so issued, shall be retired in the manner
provided in the ordinance authorizing the issuance of those
obligations by the receipts of taxes imposed pursuant to
subsections (10) (11) and (11) (12) of Section 11-74.3-3 and by
other revenue designated or pledged by the municipality. A
municipality may in the ordinance pledge, for any period of
time up to and including the dissolution date, all or any part
of the funds in and to be deposited in the Business District
Tax Allocation Fund to the payment of business district project
costs and obligations. Whenever a municipality pledges all of
the funds to the credit of a business district tax allocation
fund to secure obligations issued or to be issued to pay or
reimburse business district project costs, the municipality
may specifically provide that funds remaining to the credit of
such business district tax allocation fund after the payment of
such obligations shall be accounted for annually and shall be

deemed to be "surplus" funds, and such "surplus" funds shall be
expended by the municipality for any business district project
cost as approved in the business district plan. Whenever a
municipality pledges less than all of the monies to the credit
of a business district tax allocation fund to secure
obligations issued or to be issued to pay or reimburse business
district project costs, the municipality shall provide that
monies to the credit of the business district tax allocation
fund and not subject to such pledge or otherwise encumbered or
required for payment of contractual obligations for specific
business district project costs shall be calculated annually
and shall be deemed to be "surplus" funds, and such "surplus"
funds shall be expended by the municipality for any business
district project cost as approved in the business district
plan.
No obligation issued pursuant to this Law and secured by a
pledge of all or any portion of any revenues received or to be
received by the municipality from the imposition of taxes
pursuant to subsection (10) (11) of Section 11-74.3-3, shall be
deemed to constitute an economic incentive agreement under
Section 8-11-20, notwithstanding the fact that such pledge
provides for the sharing, rebate, or payment of retailers'
occupation taxes or service occupation taxes imposed pursuant
to subsection (10) (11) of Section 11-74.3-3 and received or to
be received by the municipality from the development or
redevelopment of properties in the business district.

Without limiting the foregoing in this Section, the
municipality may further secure obligations secured by the
business district tax allocation fund with a pledge, for a
period not greater than the term of the obligations and in any
case not longer than the dissolution date, of any part or any
combination of the following: (i) net revenues of all or part
of any business district project; (ii) taxes levied or imposed
by the municipality on any or all property in the municipality,
including, specifically, taxes levied or imposed by the
municipality in a special service area pursuant to the Special
Service Area Tax Law; (iii) the full faith and credit of the
municipality; (iv) a mortgage on part or all of the business
district project; or (v) any other taxes or anticipated
receipts that the municipality may lawfully pledge.
Such obligations may be issued in one or more series, bear
such date or dates, become due at such time or times as therein
provided, but in any case not later than (i) 20 years after the
date of issue or (ii) the dissolution date, whichever is
earlier, bear interest payable at such intervals and at such
rate or rates as set forth therein, except as may be limited by
applicable law, which rate or rates may be fixed or variable,
be in such denominations, be in such form, either coupon,
registered, or book-entry, carry such conversion, registration
and exchange privileges, be subject to defeasance upon such
terms, have such rank or priority, be executed in such manner,
be payable in such medium or payment at such place or places

within or without the State, make provision for a corporate
trustee within or without the State with respect to such
obligations, prescribe the rights, powers, and duties thereof
to be exercised for the benefit of the municipality and the
benefit of the owners of such obligations, provide for the
holding in trust, investment, and use of moneys, funds, and
accounts held under an ordinance, provide for assignment of and
direct payment of the moneys to pay such obligations or to be
deposited into such funds or accounts directly to such trustee,
be subject to such terms of redemption with or without premium,
and be sold at such price, all as the corporate authorities
shall determine. No referendum approval of the electors shall
be required as a condition to the issuance of obligations
pursuant to this Law except as provided in this Section.
In the event the municipality authorizes the issuance of
obligations pursuant to the authority of this Law secured by
the full faith and credit of the municipality, or pledges ad
valorem taxes pursuant to this subsection, which obligations
are other than obligations which may be issued under home rule
powers provided by Section 6 of Article VII of the Illinois
Constitution or which ad valorem taxes are other than ad
valorem taxes which may be pledged under home rule powers
provided by Section 6 of Article VII of the Illinois
Constitution or which are levied in a special service area
pursuant to the Special Service Area Tax Law, the ordinance
authorizing the issuance of those obligations or pledging those

taxes shall be published within 10 days after the ordinance has
been adopted, in a newspaper having a general circulation
within the municipality. The publication of the ordinance shall
be accompanied by a notice of (i) the specific number of voters
required to sign a petition requesting the question of the
issuance of the obligations or pledging such ad valorem taxes
to be submitted to the electors; (ii) the time within which the
petition must be filed; and (iii) the date of the prospective
referendum. The municipal clerk shall provide a petition form
to any individual requesting one.
If no petition is filed with the municipal clerk, as
hereinafter provided in this Section, within 21 days after the
publication of the ordinance, the ordinance shall be in effect.
However, if within that 21-day period a petition is filed with
the municipal clerk, signed by electors numbering not less than
15% of the number of electors voting for the mayor or president
at the last general municipal election, asking that the
question of issuing obligations using full faith and credit of
the municipality as security for the cost of paying or
reimbursing business district project costs, or of pledging
such ad valorem taxes for the payment of those obligations, or
both, be submitted to the electors of the municipality, the
municipality shall not be authorized to issue obligations of
the municipality using the full faith and credit of the
municipality as security or pledging such ad valorem taxes for
the payment of those obligations, or both, until the

proposition has been submitted to and approved by a majority of
the voters voting on the proposition at a regularly scheduled
election. The municipality shall certify the proposition to the
proper election authorities for submission in accordance with
the general election law.
The ordinance authorizing the obligations may provide that
the obligations shall contain a recital that they are issued
pursuant to this Law, which recital shall be conclusive
evidence of their validity and of the regularity of their
issuance.
In the event the municipality authorizes issuance of
obligations pursuant to this Law secured by the full faith and
credit of the municipality, the ordinance authorizing the
obligations may provide for the levy and collection of a direct
annual tax upon all taxable property within the municipality
sufficient to pay the principal thereof and interest thereon as
it matures, which levy may be in addition to and exclusive of
the maximum of all other taxes authorized to be levied by the
municipality, which levy, however, shall be abated to the
extent that monies from other sources are available for payment
of the obligations and the municipality certifies the amount of
those monies available to the county clerk.
A certified copy of the ordinance shall be filed with the
county clerk of each county in which any portion of the
municipality is situated, and shall constitute the authority
for the extension and collection of the taxes to be deposited

in the business district tax allocation fund.
A municipality may also issue its obligations to refund, in
whole or in part, obligations theretofore issued by the
municipality under the authority of this Law, whether at or
prior to maturity. However, the last maturity of the refunding
obligations shall not be expressed to mature later than the
dissolution date.
In the event a municipality issues obligations under home
rule powers or other legislative authority, the proceeds of
which are pledged to pay or reimburse business district project
costs, the municipality may, if it has followed the procedures
in conformance with this Law, retire those obligations from
funds in the business district tax allocation fund in amounts
and in such manner as if those obligations had been issued
pursuant to the provisions of this Law.
No obligations issued pursuant to this Law shall be
regarded as indebtedness of the municipality issuing those
obligations or any other taxing district for the purpose of any
limitation imposed by law.
Obligations issued pursuant to this Law shall not be
subject to the provisions of the Bond Authorization Act.
(f) When business district project costs, including,
without limitation, all obligations paying or reimbursing
business district project costs have been paid, any surplus
funds then remaining in the Business District Tax Allocation
Fund shall be distributed to the municipal treasurer for

deposit into the general corporate fund of the municipality.
Upon payment of all business district project costs and
retirement of all obligations paying or reimbursing business
district project costs, but in no event more than 23 years
after the date of adoption of the ordinance imposing taxes
pursuant to subsection (10) subsections (11) or (11) (12) of
Section 11-74.3-3, the municipality shall adopt an ordinance
immediately rescinding the taxes imposed pursuant to
subsection (10) or (11) of Section 11-74.3-3 said subsections.
(Source: P.A. 96-939, eff. 6-24-10; 96-1394, eff. 7-29-10;
revised 9-2-10.)
(65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
Sec. 11-74.4-4. Municipal powers and duties; redevelopment
project areas. A municipality may:(a) The changes made by this
amendatory Act of the 91st General Assembly do not apply to a
municipality that, (i) before the effective date of this
amendatory Act of the 91st General Assembly, has adopted an
ordinance or resolution fixing a time and place for a public
hearing under Section 11-74.4-5 or (ii) before July 1, 1999,
has adopted an ordinance or resolution providing for a
feasibility study under Section 11-74.4-4.1, but has not yet
adopted an ordinance approving redevelopment plans and
redevelopment projects or designating redevelopment project
areas under this Section, until after that municipality adopts
an ordinance approving redevelopment plans and redevelopment

projects or designating redevelopment project areas under this
Section; thereafter the changes made by this amendatory Act of
the 91st General Assembly apply to the same extent that they
apply to redevelopment plans and redevelopment projects that
were approved and redevelopment projects that were designated
before the effective date of this amendatory Act of the 91st
General Assembly.
A municipality may:
(a) By ordinance introduced in the governing body of the
municipality within 14 to 90 days from the completion of the
hearing specified in Section 11-74.4-5 approve redevelopment
plans and redevelopment projects, and designate redevelopment
project areas pursuant to notice and hearing required by this
Act. No redevelopment project area shall be designated unless a
plan and project are approved prior to the designation of such
area and such area shall include only those contiguous parcels
of real property and improvements thereon substantially
benefited by the proposed redevelopment project improvements.
Upon adoption of the ordinances, the municipality shall
forthwith transmit to the county clerk of the county or
counties within which the redevelopment project area is located
a certified copy of the ordinances, a legal description of the
redevelopment project area, a map of the redevelopment project
area, identification of the year that the county clerk shall
use for determining the total initial equalized assessed value
of the redevelopment project area consistent with subsection

(a) of Section 11-74.4-9, and a list of the parcel or tax
identification number of each parcel of property included in
the redevelopment project area.
(b) Make and enter into all contracts with property owners,
developers, tenants, overlapping taxing bodies, and others
necessary or incidental to the implementation and furtherance
of its redevelopment plan and project. Contract provisions
concerning loan repayment obligations in contracts entered
into on or after the effective date of this amendatory Act of
the 93rd General Assembly shall terminate no later than the
last to occur of the estimated dates of completion of the
redevelopment project and retirement of the obligations issued
to finance redevelopment project costs as required by item (3)
of subsection (n) of Section 11-74.4-3. Payments received under
contracts entered into by the municipality prior to the
effective date of this amendatory Act of the 93rd General
Assembly that are received after the redevelopment project area
has been terminated by municipal ordinance shall be deposited
into a special fund of the municipality to be used for other
community redevelopment needs within the redevelopment project
area.
(c) Within a redevelopment project area, acquire by
purchase, donation, lease or eminent domain; own, convey,
lease, mortgage or dispose of land and other property, real or
personal, or rights or interests therein, and grant or acquire
licenses, easements and options with respect thereto, all in

the manner and at such price the municipality determines is
reasonably necessary to achieve the objectives of the
redevelopment plan and project. No conveyance, lease,
mortgage, disposition of land or other property owned by a
municipality, or agreement relating to the development of such
municipal property shall be made except upon the adoption of an
ordinance by the corporate authorities of the municipality.
Furthermore, no conveyance, lease, mortgage, or other
disposition of land owned by a municipality or agreement
relating to the development of such municipal property shall be
made without making public disclosure of the terms of the
disposition and all bids and proposals made in response to the
municipality's request. The procedures for obtaining such bids
and proposals shall provide reasonable opportunity for any
person to submit alternative proposals or bids.
(d) Within a redevelopment project area, clear any area by
demolition or removal of any existing buildings and structures.
(e) Within a redevelopment project area, renovate or
rehabilitate or construct any structure or building, as
permitted under this Act.
(f) Install, repair, construct, reconstruct or relocate
streets, utilities and site improvements essential to the
preparation of the redevelopment area for use in accordance
with a redevelopment plan.
(g) Within a redevelopment project area, fix, charge and
collect fees, rents and charges for the use of any building or

property owned or leased by it or any part thereof, or facility
therein.
(h) Accept grants, guarantees and donations of property,
labor, or other things of value from a public or private source
for use within a project redevelopment area.
(i) Acquire and construct public facilities within a
redevelopment project area, as permitted under this Act.
(j) Incur project redevelopment costs and reimburse
developers who incur redevelopment project costs authorized by
a redevelopment agreement; provided, however, that on and after
the effective date of this amendatory Act of the 91st General
Assembly, no municipality shall incur redevelopment project
costs (except for planning costs and any other eligible costs
authorized by municipal ordinance or resolution that are
subsequently included in the redevelopment plan for the area
and are incurred by the municipality after the ordinance or
resolution is adopted) that are not consistent with the program
for accomplishing the objectives of the redevelopment plan as
included in that plan and approved by the municipality until
the municipality has amended the redevelopment plan as provided
elsewhere in this Act.
(k) Create a commission of not less than 5 or more than 15
persons to be appointed by the mayor or president of the
municipality with the consent of the majority of the governing
board of the municipality. Members of a commission appointed
after the effective date of this amendatory Act of 1987 shall

be appointed for initial terms of 1, 2, 3, 4 and 5 years,
respectively, in such numbers as to provide that the terms of
not more than 1/3 of all such members shall expire in any one
year. Their successors shall be appointed for a term of 5
years. The commission, subject to approval of the corporate
authorities may exercise the powers enumerated in this Section.
The commission shall also have the power to hold the public
hearings required by this division and make recommendations to
the corporate authorities concerning the adoption of
redevelopment plans, redevelopment projects and designation of
redevelopment project areas.
(l) Make payment in lieu of taxes or a portion thereof to
taxing districts. If payments in lieu of taxes or a portion
thereof are made to taxing districts, those payments shall be
made to all districts within a project redevelopment area on a
basis which is proportional to the current collections of
revenue which each taxing district receives from real property
in the redevelopment project area.
(m) Exercise any and all other powers necessary to
effectuate the purposes of this Act.
(n) If any member of the corporate authority, a member of a
commission established pursuant to Section 11-74.4-4(k) of
this Act, or an employee or consultant of the municipality
involved in the planning and preparation of a redevelopment
plan, or project for a redevelopment project area or proposed
redevelopment project area, as defined in Sections

11-74.4-3(i) through (k) of this Act, owns or controls an
interest, direct or indirect, in any property included in any
redevelopment area, or proposed redevelopment area, he or she
shall disclose the same in writing to the clerk of the
municipality, and shall also so disclose the dates and terms
and conditions of any disposition of any such interest, which
disclosures shall be acknowledged by the corporate authorities
and entered upon the minute books of the corporate authorities.
If an individual holds such an interest then that individual
shall refrain from any further official involvement in regard
to such redevelopment plan, project or area, from voting on any
matter pertaining to such redevelopment plan, project or area,
or communicating with other members concerning corporate
authorities, commission or employees concerning any matter
pertaining to said redevelopment plan, project or area.
Furthermore, no such member or employee shall acquire of any
interest direct, or indirect, in any property in a
redevelopment area or proposed redevelopment area after either
(a) such individual obtains knowledge of such plan, project or
area or (b) first public notice of such plan, project or area
pursuant to Section 11-74.4-6 of this Division, whichever
occurs first. For the purposes of this subsection, a property
interest acquired in a single parcel of property by a member of
the corporate authority, which property is used exclusively as
the member's primary residence, shall not be deemed to
constitute an interest in any property included in a

redevelopment area or proposed redevelopment area that was
established before December 31, 1989, but the member must
disclose the acquisition to the municipal clerk under the
provisions of this subsection. A single property interest
acquired within one year after the effective date of this
amendatory Act of the 94th General Assembly or 2 years after
the effective date of this amendatory Act of the 95th General
Assembly by a member of the corporate authority does not
constitute an interest in any property included in any
redevelopment area or proposed redevelopment area, regardless
of when the redevelopment area was established, if (i) the
property is used exclusively as the member's primary residence,
(ii) the member discloses the acquisition to the municipal
clerk under the provisions of this subsection, (iii) the
acquisition is for fair market value, (iv) the member acquires
the property as a result of the property being publicly
advertised for sale, and (v) the member refrains from voting
on, and communicating with other members concerning, any matter
when the benefits to the redevelopment project or area would be
significantly greater than the benefits to the municipality as
a whole. For the purposes of this subsection, a month-to-month
leasehold interest in a single parcel of property by a member
of the corporate authority shall not be deemed to constitute an
interest in any property included in any redevelopment area or
proposed redevelopment area, but the member must disclose the
interest to the municipal clerk under the provisions of this

subsection.
(o) Create a Tax Increment Economic Development Advisory
Committee to be appointed by the Mayor or President of the
municipality with the consent of the majority of the governing
board of the municipality, the members of which Committee shall
be appointed for initial terms of 1, 2, 3, 4 and 5 years
respectively, in such numbers as to provide that the terms of
not more than 1/3 of all such members shall expire in any one
year. Their successors shall be appointed for a term of 5
years. The Committee shall have none of the powers enumerated
in this Section. The Committee shall serve in an advisory
capacity only. The Committee may advise the governing Board of
the municipality and other municipal officials regarding
development issues and opportunities within the redevelopment
project area or the area within the State Sales Tax Boundary.
The Committee may also promote and publicize development
opportunities in the redevelopment project area or the area
within the State Sales Tax Boundary.
(p) Municipalities may jointly undertake and perform
redevelopment plans and projects and utilize the provisions of
the Act wherever they have contiguous redevelopment project
areas or they determine to adopt tax increment financing with
respect to a redevelopment project area which includes
contiguous real property within the boundaries of the
municipalities, and in doing so, they may, by agreement between
municipalities, issue obligations, separately or jointly, and

expend revenues received under the Act for eligible expenses
anywhere within contiguous redevelopment project areas or as
otherwise permitted in the Act.
(q) Utilize revenues, other than State sales tax increment
revenues, received under this Act from one redevelopment
project area for eligible costs in another redevelopment
project area that is:
(i) contiguous to the redevelopment project area from
which the revenues are received;
(ii) separated only by a public right of way from the
redevelopment project area from which the revenues are
received; or
(iii) separated only by forest preserve property from
the redevelopment project area from which the revenues are
received if the closest boundaries of the redevelopment
project areas that are separated by the forest preserve
property are less than one mile apart.
Utilize tax increment revenues for eligible costs that are
received from a redevelopment project area created under the
Industrial Jobs Recovery Law that is either contiguous to, or
is separated only by a public right of way from, the
redevelopment project area created under this Act which
initially receives these revenues. Utilize revenues, other
than State sales tax increment revenues, by transferring or
loaning such revenues to a redevelopment project area created
under the Industrial Jobs Recovery Law that is either

contiguous to, or separated only by a public right of way from
the redevelopment project area that initially produced and
received those revenues; and, if the redevelopment project area
(i) was established before the effective date of this
amendatory Act of the 91st General Assembly and (ii) is located
within a municipality with a population of more than 100,000,
utilize revenues or proceeds of obligations authorized by
Section 11-74.4-7 of this Act, other than use or occupation tax
revenues, to pay for any redevelopment project costs as defined
by subsection (q) of Section 11-74.4-3 to the extent that the
redevelopment project costs involve public property that is
either contiguous to, or separated only by a public right of
way from, a redevelopment project area whether or not
redevelopment project costs or the source of payment for the
costs are specifically set forth in the redevelopment plan for
the redevelopment project area.
(r) If no redevelopment project has been initiated in a
redevelopment project area within 7 years after the area was
designated by ordinance under subsection (a), the municipality
shall adopt an ordinance repealing the area's designation as a
redevelopment project area; provided, however, that if an area
received its designation more than 3 years before the effective
date of this amendatory Act of 1994 and no redevelopment
project has been initiated within 4 years after the effective
date of this amendatory Act of 1994, the municipality shall
adopt an ordinance repealing its designation as a redevelopment

project area. Initiation of a redevelopment project shall be
evidenced by either a signed redevelopment agreement or
expenditures on eligible redevelopment project costs
associated with a redevelopment project.
(Source: P.A. 94-1013, eff. 1-1-07; 95-1054, eff. 1-1-10;
revised 9-16-10.)
Section 170. The Metropolitan Pier and Exposition
Authority Act is amended by changing Section 13 as follows:
(70 ILCS 210/13) (from Ch. 85, par. 1233)
Sec. 13. (a) The Authority shall not have power to levy
taxes for any purpose, except as provided in subsections (b),
(c), (d), (e), and (f).
(b) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose a Metropolitan Pier and Exposition Authority
Retailers' Occupation Tax upon all persons engaged in the
business of selling tangible personal property at retail within
the territory described in this subsection at the rate of 1.0%
of the gross receipts (i) from the sale of food, alcoholic
beverages, and soft drinks sold for consumption on the premises
where sold and (ii) from the sale of food, alcoholic beverages,
and soft drinks sold for consumption off the premises where
sold by a retailer whose principal source of gross receipts is
from the sale of food, alcoholic beverages, and soft drinks

prepared for immediate consumption.
The tax imposed under this subsection and all civil
penalties that may be assessed as an incident to that tax shall
be collected and enforced by the Illinois Department of
Revenue. The Department shall have full power to administer and
enforce this subsection, to collect all taxes and penalties so
collected in the manner provided in this subsection, and to
determine all rights to credit memoranda arising on account of
the erroneous payment of tax or penalty under this subsection.
In the administration of and compliance with this subsection,
the Department and persons who are subject to this subsection
shall have the same rights, remedies, privileges, immunities,
powers, and duties, shall be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions,
and definitions of terms, and shall employ the same modes of
procedure applicable to this Retailers' Occupation Tax as are
prescribed in Sections 1, 2 through 2-65 (in respect to all
provisions of those Sections other than the State rate of
taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13 and, and until
January 1, 1994, 13.5 of the Retailers' Occupation Tax Act,
and, on and after January 1, 1994, all applicable provisions of
the Uniform Penalty and Interest Act that are not inconsistent
with this Act, as fully as if provisions contained in those
Sections of the Retailers' Occupation Tax Act were set forth in

this subsection.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
seller's tax liability under this subsection by separately
stating that tax as an additional charge, which charge may be
stated in combination, in a single amount, with State taxes
that sellers are required to collect under the Use Tax Act,
pursuant to bracket schedules as the Department may prescribe.
The retailer filing the return shall, at the time of filing the
return, pay to the Department the amount of tax imposed under
this subsection, less a discount of 1.75%, which is allowed to
reimburse the retailer for the expenses incurred in keeping
records, preparing and filing returns, remitting the tax, and
supplying data to the Department on request.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
Nothing in this subsection authorizes the Authority to
impose a tax upon the privilege of engaging in any business
that under the Constitution of the United States may not be

made the subject of taxation by this State.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee for the Authority, all taxes
and penalties collected under this subsection for deposit into
a trust fund held outside of the State Treasury.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this subsection
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
amounts to be paid under subsection (g) of this Section, which
shall be the amounts, not including credit memoranda, collected
under this subsection during the second preceding calendar
month by the Department, less any amounts determined by the
Department to be necessary for the payment of refunds, less 2%
of such balance, which sum shall be deposited by the State
Treasurer into the Tax Compliance and Administration Fund in
the State Treasury from which it shall be appropriated to the
Department to cover the costs of the Department in
administering and enforcing the provisions of this subsection,

and less any amounts that are transferred to the STAR Bonds
Revenue Fund. Within 10 days after receipt by the Comptroller
of the certification, the Comptroller shall cause the orders to
be drawn for the remaining amounts, and the Treasurer shall
administer those amounts as required in subsection (g).
A certificate of registration issued by the Illinois
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act shall permit the registrant to engage in a
business that is taxed under the tax imposed under this
subsection, and no additional registration shall be required
under the ordinance imposing the tax or under this subsection.
A certified copy of any ordinance imposing or discontinuing
any tax under this subsection or effecting a change in the rate
of that tax shall be filed with the Department, whereupon the
Department shall proceed to administer and enforce this
subsection on behalf of the Authority as of the first day of
the third calendar month following the date of filing.
The tax authorized to be levied under this subsection may
be levied within all or any part of the following described
portions of the metropolitan area:
(1) that portion of the City of Chicago located within
the following area: Beginning at the point of intersection
of the Cook County - DuPage County line and York Road, then
North along York Road to its intersection with Touhy
Avenue, then east along Touhy Avenue to its intersection
with the Northwest Tollway, then southeast along the

Northwest Tollway to its intersection with Lee Street, then
south along Lee Street to Higgins Road, then south and east
along Higgins Road to its intersection with Mannheim Road,
then south along Mannheim Road to its intersection with
Irving Park Road, then west along Irving Park Road to its
intersection with the Cook County - DuPage County line,
then north and west along the county line to the point of
beginning; and
(2) that portion of the City of Chicago located within
the following area: Beginning at the intersection of West
55th Street with Central Avenue, then east along West 55th
Street to its intersection with South Cicero Avenue, then
south along South Cicero Avenue to its intersection with
West 63rd Street, then west along West 63rd Street to its
intersection with South Central Avenue, then north along
South Central Avenue to the point of beginning; and
(3) that portion of the City of Chicago located within
the following area: Beginning at the point 150 feet west of
the intersection of the west line of North Ashland Avenue
and the north line of West Diversey Avenue, then north 150
feet, then east along a line 150 feet north of the north
line of West Diversey Avenue extended to the shoreline of
Lake Michigan, then following the shoreline of Lake
Michigan (including Navy Pier and all other improvements
fixed to land, docks, or piers) to the point where the
shoreline of Lake Michigan and the Adlai E. Stevenson

Expressway extended east to that shoreline intersect, then
west along the Adlai E. Stevenson Expressway to a point 150
feet west of the west line of South Ashland Avenue, then
north along a line 150 feet west of the west line of South
and North Ashland Avenue to the point of beginning.
The tax authorized to be levied under this subsection may
also be levied on food, alcoholic beverages, and soft drinks
sold on boats and other watercraft departing from and returning
to the shoreline of Lake Michigan (including Navy Pier and all
other improvements fixed to land, docks, or piers) described in
item (3).
(c) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose an occupation tax upon all persons engaged in the
corporate limits of the City of Chicago in the business of
renting, leasing, or letting rooms in a hotel, as defined in
the Hotel Operators' Occupation Tax Act, at a rate of 2.5% of
the gross rental receipts from the renting, leasing, or letting
of hotel rooms within the City of Chicago, excluding, however,
from gross rental receipts the proceeds of renting, leasing, or
letting to permanent residents of a hotel, as defined in that
Act. Gross rental receipts shall not include charges that are
added on account of the liability arising from any tax imposed
by the State or any governmental agency on the occupation of
renting, leasing, or letting rooms in a hotel.
The tax imposed by the Authority under this subsection and

all civil penalties that may be assessed as an incident to that
tax shall be collected and enforced by the Illinois Department
of Revenue. The certificate of registration that is issued by
the Department to a lessor under the Hotel Operators'
Occupation Tax Act shall permit that registrant to engage in a
business that is taxable under any ordinance enacted under this
subsection without registering separately with the Department
under that ordinance or under this subsection. The Department
shall have full power to administer and enforce this
subsection, to collect all taxes and penalties due under this
subsection, to dispose of taxes and penalties so collected in
the manner provided in this subsection, and to determine all
rights to credit memoranda arising on account of the erroneous
payment of tax or penalty under this subsection. In the
administration of and compliance with this subsection, the
Department and persons who are subject to this subsection shall
have the same rights, remedies, privileges, immunities,
powers, and duties, shall be subject to the same conditions,
restrictions, limitations, penalties, and definitions of
terms, and shall employ the same modes of procedure as are
prescribed in the Hotel Operators' Occupation Tax Act (except
where that Act is inconsistent with this subsection), as fully
as if the provisions contained in the Hotel Operators'
Occupation Tax Act were set out in this subsection.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a

credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
tax liability for that tax by separately stating that tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State taxes imposed under the Hotel
Operators' Occupation Tax Act, the municipal tax imposed under
Section 8-3-13 of the Illinois Municipal Code, and the tax
imposed under Section 19 of the Illinois Sports Facilities
Authority Act.
The person filing the return shall, at the time of filing
the return, pay to the Department the amount of tax, less a
discount of 2.1% or $25 per calendar year, whichever is
greater, which is allowed to reimburse the operator for the
expenses incurred in keeping records, preparing and filing
returns, remitting the tax, and supplying data to the
Department on request.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee for the Authority, all taxes
and penalties collected under this subsection for deposit into

a trust fund held outside the State Treasury. On or before the
25th day of each calendar month, the Department shall certify
to the Comptroller the amounts to be paid under subsection (g)
of this Section, which shall be the amounts (not including
credit memoranda) collected under this subsection during the
second preceding calendar month by the Department, less any
amounts determined by the Department to be necessary for
payment of refunds. Within 10 days after receipt by the
Comptroller of the Department's certification, the Comptroller
shall cause the orders to be drawn for such amounts, and the
Treasurer shall administer those amounts as required in
subsection (g).
A certified copy of any ordinance imposing or discontinuing
a tax under this subsection or effecting a change in the rate
of that tax shall be filed with the Illinois Department of
Revenue, whereupon the Department shall proceed to administer
and enforce this subsection on behalf of the Authority as of
the first day of the third calendar month following the date of
filing.
(d) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose a tax upon all persons engaged in the business of
renting automobiles in the metropolitan area at the rate of 6%
of the gross receipts from that business, except that no tax
shall be imposed on the business of renting automobiles for use
as taxicabs or in livery service. The tax imposed under this

subsection and all civil penalties that may be assessed as an
incident to that tax shall be collected and enforced by the
Illinois Department of Revenue. The certificate of
registration issued by the Department to a retailer under the
Retailers' Occupation Tax Act or under the Automobile Renting
Occupation and Use Tax Act shall permit that person to engage
in a business that is taxable under any ordinance enacted under
this subsection without registering separately with the
Department under that ordinance or under this subsection. The
Department shall have full power to administer and enforce this
subsection, to collect all taxes and penalties due under this
subsection, to dispose of taxes and penalties so collected in
the manner provided in this subsection, and to determine all
rights to credit memoranda arising on account of the erroneous
payment of tax or penalty under this subsection. In the
administration of and compliance with this subsection, the
Department and persons who are subject to this subsection shall
have the same rights, remedies, privileges, immunities,
powers, and duties, be subject to the same conditions,
restrictions, limitations, penalties, and definitions of
terms, and employ the same modes of procedure as are prescribed
in Sections 2 and 3 (in respect to all provisions of those
Sections other than the State rate of tax; and in respect to
the provisions of the Retailers' Occupation Tax Act referred to
in those Sections, except as to the disposition of taxes and
penalties collected, except for the provision allowing

retailers a deduction from the tax to cover certain costs, and
except that credit memoranda issued under this subsection may
not be used to discharge any State tax liability) of the
Automobile Renting Occupation and Use Tax Act, as fully as if
provisions contained in those Sections of that Act were set
forth in this subsection.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
tax liability under this subsection by separately stating that
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax that sellers
are required to collect under the Automobile Renting Occupation
and Use Tax Act, pursuant to bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected under this subsection for deposit into a trust fund

held outside the State Treasury. On or before the 25th day of
each calendar month, the Department shall certify to the
Comptroller the amounts to be paid under subsection (g) of this
Section (not including credit memoranda) collected under this
subsection during the second preceding calendar month by the
Department, less any amount determined by the Department to be
necessary for payment of refunds. Within 10 days after receipt
by the Comptroller of the Department's certification, the
Comptroller shall cause the orders to be drawn for such
amounts, and the Treasurer shall administer those amounts as
required in subsection (g).
Nothing in this subsection authorizes the Authority to
impose a tax upon the privilege of engaging in any business
that under the Constitution of the United States may not be
made the subject of taxation by this State.
A certified copy of any ordinance imposing or discontinuing
a tax under this subsection or effecting a change in the rate
of that tax shall be filed with the Illinois Department of
Revenue, whereupon the Department shall proceed to administer
and enforce this subsection on behalf of the Authority as of
the first day of the third calendar month following the date of
filing.
(e) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose a tax upon the privilege of using in the
metropolitan area an automobile that is rented from a rentor

outside Illinois and is titled or registered with an agency of
this State's government at a rate of 6% of the rental price of
that automobile, except that no tax shall be imposed on the
privilege of using automobiles rented for use as taxicabs or in
livery service. The tax shall be collected from persons whose
Illinois address for titling or registration purposes is given
as being in the metropolitan area. The tax shall be collected
by the Department of Revenue for the Authority. The tax must be
paid to the State or an exemption determination must be
obtained from the Department of Revenue before the title or
certificate of registration for the property may be issued. The
tax or proof of exemption may be transmitted to the Department
by way of the State agency with which or State officer with
whom the tangible personal property must be titled or
registered if the Department and that agency or State officer
determine that this procedure will expedite the processing of
applications for title or registration.
The Department shall have full power to administer and
enforce this subsection, to collect all taxes, penalties, and
interest due under this subsection, to dispose of taxes,
penalties, and interest so collected in the manner provided in
this subsection, and to determine all rights to credit
memoranda or refunds arising on account of the erroneous
payment of tax, penalty, or interest under this subsection. In
the administration of and compliance with this subsection, the
Department and persons who are subject to this subsection shall

have the same rights, remedies, privileges, immunities,
powers, and duties, be subject to the same conditions,
restrictions, limitations, penalties, and definitions of
terms, and employ the same modes of procedure as are prescribed
in Sections 2 and 4 (except provisions pertaining to the State
rate of tax; and in respect to the provisions of the Use Tax
Act referred to in that Section, except provisions concerning
collection or refunding of the tax by retailers, except the
provisions of Section 19 pertaining to claims by retailers,
except the last paragraph concerning refunds, and except that
credit memoranda issued under this subsection may not be used
to discharge any State tax liability) of the Automobile Renting
Occupation and Use Tax Act, as fully as if provisions contained
in those Sections of that Act were set forth in this
subsection.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes, penalties, and

interest collected under this subsection for deposit into a
trust fund held outside the State Treasury. On or before the
25th day of each calendar month, the Department shall certify
to the State Comptroller the amounts to be paid under
subsection (g) of this Section, which shall be the amounts (not
including credit memoranda) collected under this subsection
during the second preceding calendar month by the Department,
less any amounts determined by the Department to be necessary
for payment of refunds. Within 10 days after receipt by the
State Comptroller of the Department's certification, the
Comptroller shall cause the orders to be drawn for such
amounts, and the Treasurer shall administer those amounts as
required in subsection (g).
A certified copy of any ordinance imposing or discontinuing
a tax or effecting a change in the rate of that tax shall be
filed with the Illinois Department of Revenue, whereupon the
Department shall proceed to administer and enforce this
subsection on behalf of the Authority as of the first day of
the third calendar month following the date of filing.
(f) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose an occupation tax on all persons, other than a
governmental agency, engaged in the business of providing
ground transportation for hire to passengers in the
metropolitan area at a rate of (i) $4 per taxi or livery
vehicle departure with passengers for hire from commercial

service airports in the metropolitan area, (ii) for each
departure with passengers for hire from a commercial service
airport in the metropolitan area in a bus or van operated by a
person other than a person described in item (iii): $18 per bus
or van with a capacity of 1-12 passengers, $36 per bus or van
with a capacity of 13-24 passengers, and $54 per bus or van
with a capacity of over 24 passengers, and (iii) for each
departure with passengers for hire from a commercial service
airport in the metropolitan area in a bus or van operated by a
person regulated by the Interstate Commerce Commission or
Illinois Commerce Commission, operating scheduled service from
the airport, and charging fares on a per passenger basis: $2
per passenger for hire in each bus or van. The term "commercial
service airports" means those airports receiving scheduled
passenger service and enplaning more than 100,000 passengers
per year.
In the ordinance imposing the tax, the Authority may
provide for the administration and enforcement of the tax and
the collection of the tax from persons subject to the tax as
the Authority determines to be necessary or practicable for the
effective administration of the tax. The Authority may enter
into agreements as it deems appropriate with any governmental
agency providing for that agency to act as the Authority's
agent to collect the tax.
In the ordinance imposing the tax, the Authority may
designate a method or methods for persons subject to the tax to

reimburse themselves for the tax liability arising under the
ordinance (i) by separately stating the full amount of the tax
liability as an additional charge to passengers departing the
airports, (ii) by separately stating one-half of the tax
liability as an additional charge to both passengers departing
from and to passengers arriving at the airports, or (iii) by
some other method determined by the Authority.
All taxes, penalties, and interest collected under any
ordinance adopted under this subsection, less any amounts
determined to be necessary for the payment of refunds and less
the taxes, penalties, and interest attributable to any increase
in the rate of tax authorized by Public Act 96-898 this
amendatory Act of the 96th General Assembly, shall be paid
forthwith to the State Treasurer, ex officio, for deposit into
a trust fund held outside the State Treasury and shall be
administered by the State Treasurer as provided in subsection
(g) of this Section. All taxes, penalties, and interest
attributable to any increase in the rate of tax authorized by
Public Act 96-898 this amendatory Act of the 96th General
Assembly shall be paid by the State Treasurer as follows: 25%
for deposit into the Convention Center Support Fund, to be used
by the Village of Rosemont for the repair, maintenance, and
improvement of the Donald E. Stephens Convention Center and for
debt service on debt instruments issued for those purposes by
the village and 75% to the Authority to be used for grants to
an organization meeting the qualifications set out in Section

5.6 of this Act, provided the Metropolitan Pier and Exposition
Authority has entered into a marketing agreement with such an
organization.
(g) Amounts deposited from the proceeds of taxes imposed by
the Authority under subsections (b), (c), (d), (e), and (f) of
this Section and amounts deposited under Section 19 of the
Illinois Sports Facilities Authority Act shall be held in a
trust fund outside the State Treasury and shall be administered
by the Treasurer as follows:
(1) An amount necessary for the payment of refunds with
respect to those taxes shall be retained in the trust fund
and used for those payments.
(2) On July 20 and on the 20th of each month
thereafter, provided that the amount requested in the
annual certificate of the Chairman of the Authority filed
under Section 8.25f of the State Finance Act has been
appropriated for payment to the Authority, 1/8 of the local
tax transfer amount, together with any cumulative
deficiencies in the amounts transferred into the McCormick
Place Expansion Project Fund under this subparagraph (2)
during the fiscal year for which the certificate has been
filed, shall be transferred from the trust fund into the
McCormick Place Expansion Project Fund in the State
treasury until 100% of the local tax transfer amount has
been so transferred. "Local tax transfer amount" shall mean
the amount requested in the annual certificate, minus the

reduction amount. "Reduction amount" shall mean $41.7
million in fiscal year 2011, $36.7 million in fiscal year
2012, $36.7 million in fiscal year 2013, $36.7 million in
fiscal year 2014, and $31.7 million in each fiscal year
thereafter until 2032, provided that the reduction amount
shall be reduced by (i) the amount certified by the
Authority to the State Comptroller and State Treasurer
under Section 8.25 of the State Finance Act, as amended,
with respect to that fiscal year and (ii) in any fiscal
year in which the amounts deposited in the trust fund under
this Section exceed $318.3 million, exclusive of amounts
set aside for refunds and for the reserve account, one
dollar for each dollar of the deposits in the trust fund
above $318.3 million with respect to that year, exclusive
of amounts set aside for refunds and for the reserve
account.
(3) On July 20, 2010, the Comptroller shall certify to
the Governor, the Treasurer, and the Chairman of the
Authority the 2010 deficiency amount, which means the
cumulative amount of transfers that were due from the trust
fund to the McCormick Place Expansion Project Fund in
fiscal years 2008, 2009, and 2010 under Section 13(g) of
this Act, as it existed prior to May 27, 2010 (the
effective date of Public Act 96-898) this amendatory Act of
the 96th General Assembly, but not made. On July 20, 2011
and on July 20 of each year through July 20, 2014, the

Treasurer shall calculate for the previous fiscal year the
surplus revenues in the trust fund and pay that amount to
the Authority. On July 20, 2015 and on July 20 of each year
thereafter, as long as bonds and notes issued under Section
13.2 or bonds and notes issued to refund those bonds and
notes are outstanding, the Treasurer shall calculate for
the previous fiscal year the surplus revenues in the trust
fund and pay one-half of that amount to the State Treasurer
for deposit into the General Revenue Fund until the 2010
deficiency amount has been paid and shall pay the balance
of the surplus revenues to the Authority. "Surplus
revenues" means the amounts remaining in the trust fund on
June 30 of the previous fiscal year (A) after the State
Treasurer has set aside in the trust fund (i) amounts
retained for refunds under subparagraph (1) and (ii) any
amounts necessary to meet the reserve account amount and
(B) after the State Treasurer has transferred from the
trust fund to the General Revenue Fund 100% of any
post-2010 deficiency amount. "Reserve account amount"
means $15 million in fiscal year 2011 and $30 million in
each fiscal year thereafter. The reserve account amount
shall be set aside in the trust fund and used as a reserve
to be transferred to the McCormick Place Expansion Project
Fund in the event the proceeds of taxes imposed under this
Section 13 are not sufficient to fund the transfer required
in subparagraph (2). "Post-2010 deficiency amount" means

any deficiency in transfers from the trust fund to the
McCormick Place Expansion Project Fund with respect to
fiscal years 2011 and thereafter. It is the intention of
this subparagraph (3) that no surplus revenues shall be
paid to the Authority with respect to any year in which a
post-2010 deficiency amount has not been satisfied by the
Authority.
Moneys received by the Authority as surplus revenues may be
used (i) for the purposes of paying debt service on the bonds
and notes issued by the Authority, including early redemption
of those bonds or notes, (ii) for the purposes of repair,
replacement, and improvement of the grounds, buildings, and
facilities of the Authority, and (iii) for the corporate
purposes of the Authority in fiscal years 2011 through 2015 in
an amount not to exceed $20,000,000 annually or $80,000,000
total, which amount shall be reduced $0.75 for each dollar of
the receipts of the Authority in that year from any contract
entered into with respect to naming rights at McCormick Place
under Section 5(m) of this Act. When bonds and notes issued
under Section 13.2, or bonds or notes issued to refund those
bonds and notes, are no longer outstanding, the balance in the
trust fund shall be paid to the Authority.
(h) The ordinances imposing the taxes authorized by this
Section shall be repealed when bonds and notes issued under
Section 13.2 or bonds and notes issued to refund those bonds
and notes are no longer outstanding.

(Source: P.A. 96-898, eff. 5-27-10; 96-939, eff. 6-24-10;
revised 9-16-10.)
Section 175. The Regional Transportation Authority Act is
amended by changing Section 2.20 as follows:
(70 ILCS 3615/2.20) (from Ch. 111 2/3, par. 702.20)
Sec. 2.20. General Powers.
(a) Except as otherwise limited by this Act, the Authority
shall also have all powers necessary to meet its
responsibilities and to carry out its purposes, including, but
not limited to, the following powers:
(i) To sue and be sued;
(ii) To invest any funds or any monies not required for
immediate use or disbursement, as provided in "An Act
relating to certain investments of public funds by public
agencies", approved July 23, 1943, as now or hereafter
amended;
(iii) To make, amend and repeal by-laws, rules and
regulations, and ordinances not inconsistent with this
Act;
(iv) To hold, sell, sell by installment contract, lease
as lessor, transfer or dispose of such real or personal
property as it deems appropriate in the exercise of its
powers or to provide for the use thereof by any
transportation agency and to mortgage, pledge or otherwise

grant security interests in any such property;
(v) To enter at reasonable times upon such lands,
waters or premises as in the judgment of the Authority may
be necessary, convenient or desirable for the purpose of
making surveys, soundings, borings and examinations to
accomplish any purpose authorized by this Act after having
given reasonable notice of such proposed entry to the
owners and occupants of such lands, waters or premises, the
Authority being liable only for actual damage caused by
such activity;
(vi) To make and execute all contracts and other
instruments necessary or convenient to the exercise of its
powers;
(vii) To enter into contracts of group insurance for
the benefit of its employees and to provide for retirement
or pensions or other employee benefit arrangements for such
employees, and to assume obligations for pensions or other
employee benefit arrangements for employees of
transportation agencies, all or part of the facilities of
which are acquired by the Authority;
(viii) To provide for the insurance of any property,
directors, officers, employees or operations of the
Authority against any risk or hazard, and to self-insure or
participate in joint self-insurance pools or entities to
insure against such risk or hazard;
(ix) To appear before the Illinois Commerce Commission

in all proceedings concerning the Authority, a Service
Board or any transportation agency; and
(x) To pass all ordinances and make all rules and
regulations proper or necessary to regulate the use,
operation and maintenance of its property and facilities
and, by ordinance, to prescribe fines or penalties for
violations thereof. No fine or penalty shall exceed $1,000
per offense. Any ordinance providing for any fine or
penalty shall be published in a newspaper of general
circulation in the metropolitan region. No such ordinance
shall take effect until 10 days after its publication.
(xi) The Authority may enter into arbitration
arrangements, which may be final and binding.
(xii) The Commuter Rail Board shall continue the separate
public corporation, known as the Northeast Illinois Regional
Commuter Railroad Corporation, as a separate operating unit to
operate on behalf of the Commuter Rail Board commuter railroad
facilities, subject at all times to the supervision and
direction of the Commuter Rail Board and may, by ordinance,
dissolve such Corporation. Such Corporation shall be governed
by a Board of Directors which shall consist of the members of
the Transition Board until such time as all of the members of
the Commuter Rail Board are appointed and qualified and
thereafter the members of the Commuter Rail Board. Such
Corporation shall have all the powers given the Authority and
the Commuter Rail Board under Article II of this Act (other

than under Section 2.13) as are delegated to it by ordinance of
the Commuter Rail Board with regard to such operation of
facilities and the same exemptions, restrictions and
limitations as are provided by law with regard to the Authority
shall apply to such Corporation. Such Corporation shall be a
transportation agency as provided in this Act except for
purposes of paragraph (e) of Section 3.01 of this Act.
(xiii) The Authority shall cooperate with the Illinois
Commerce Commission and local law enforcement agencies in
establishing a two year pilot program in DuPage County to
determine the effectiveness of an automated railroad grade
crossing enforcement system.
(b) In each case in which this Act gives the Authority the
power to construct or acquire real or personal property, the
Authority shall have the power to acquire such property by
contract, purchase, gift, grant, exchange for other property or
rights in property, lease (or sublease) or installment or
conditional purchase contracts, which leases or contracts may
provide for consideration therefor to be paid in annual
installments during a period not exceeding 40 years. Property
may be acquired subject to such conditions, restrictions,
liens, or security or other interests of other parties as the
Authority may deem appropriate, and in each case the Authority
may acquire a joint, leasehold, easement, license or other
partial interest in such property. Any such acquisition may
provide for the assumption of, or agreement to pay, perform or

discharge outstanding or continuing duties, obligations or
liabilities of the seller, lessor, donor or other transferor of
or of the trustee with regard to such property. In connection
with the acquisition of public transportation equipment,
including, but not limited to, rolling stock, vehicles,
locomotives, buses or rapid transit equipment, the Authority
may also execute agreements concerning such equipment leases,
equipment trust certificates, conditional purchase agreements
and such other security agreements and may make such agreements
and covenants as required, in the form customarily used in such
cases appropriate to effect such acquisition. Obligations of
the Authority incurred pursuant to this Section shall not be
considered bonds or notes within the meaning of Section 4.04 of
this Act.
(c) The Authority shall assume all costs of rights,
benefits and protective conditions to which any employee is
entitled under this Act from any transportation agency in the
event of the inability of the transportation agency to meet its
obligations in relation thereto due to bankruptcy or
insolvency, provided that the Authority shall retain the right
to proceed against the bankrupt or insolvent transportation
agency or its successors, trustees, assigns or debtors for the
costs assumed. The Authority may mitigate its liability under
this paragraph (c) and under Section 2.16 to the extent of
employment and employment benefits which it tenders.
(Source: P.A. 89-454, eff. 5-17-96; revised 10-18-10.)

Section 180. The Water Commission Act of 1985 is amended by
changing Section 4 as follows:
(70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)
Sec. 4. Taxes.
(a) The board of commissioners of any county water
commission may, by ordinance, impose throughout the territory
of the commission any or all of the taxes provided in this
Section for its corporate purposes. However, no county water
commission may impose any such tax unless the commission
certifies the proposition of imposing the tax to the proper
election officials, who shall submit the proposition to the
voters residing in the territory at an election in accordance
with the general election law, and the proposition has been
approved by a majority of those voting on the proposition.
The proposition shall be in the form provided in Section 5
or shall be substantially in the following form:
-------------------------------------------------------------
Shall the (insert corporate
name of county water commission) YES
impose (state type of tax or ------------------------
taxes to be imposed) at the NO
rate of 1/4%?
-------------------------------------------------------------
Taxes imposed under this Section and civil penalties

imposed incident thereto shall be collected and enforced by the
State Department of Revenue. The Department shall have the
power to administer and enforce the taxes and to determine all
rights for refunds for erroneous payments of the taxes.
(b) The board of commissioners may impose a County Water
Commission Retailers' Occupation Tax upon all persons engaged
in the business of selling tangible personal property at retail
in the territory of the commission at a rate of 1/4% of the
gross receipts from the sales made in the course of such
business within the territory. The tax imposed under this
paragraph and all civil penalties that may be assessed as an
incident thereof shall be collected and enforced by the State
Department of Revenue. The Department shall have full power to
administer and enforce this paragraph; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so
collected in the manner hereinafter provided; and to determine
all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with, this paragraph, the
Department and persons who are subject to this paragraph shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions
and definitions of terms, and employ the same modes of
procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions

therein other than the State rate of tax except that food for
human consumption that is to be consumed off the premises where
it is sold (other than alcoholic beverages, soft drinks, and
food that has been prepared for immediate consumption) and
prescription and nonprescription medicine, drugs, medical
appliances and insulin, urine testing materials, syringes, and
needles used by diabetics, for human use, shall not be subject
to tax hereunder), 2c, 3 (except as to the disposition of taxes
and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act, as fully as if those provisions were
set forth herein.
Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
seller's tax liability hereunder by separately stating the tax
as an additional charge, which charge may be stated in
combination, in a single amount, with State taxes that sellers
are required to collect under the Use Tax Act and under
subsection (e) of Section 4.03 of the Regional Transportation
Authority Act, in accordance with such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the

amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund established
under paragraph (g) of this Section.
For the purpose of determining whether a tax authorized
under this paragraph is applicable, a retail sale by a producer
of coal or other mineral mined in Illinois is a sale at retail
at the place where the coal or other mineral mined in Illinois
is extracted from the earth. This paragraph does not apply to
coal or other mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the Federal Constitution as a sale in
interstate or foreign commerce.
If a tax is imposed under this subsection (b) a tax shall
also be imposed under subsections (c) and (d) of this Section.
No tax shall be imposed or collected under this subsection
on the sale of a motor vehicle in this State to a resident of
another state if that motor vehicle will not be titled in this
State.
Nothing in this paragraph shall be construed to authorize a
county water commission to impose a tax upon the privilege of
engaging in any business which under the Constitution of the
United States may not be made the subject of taxation by this
State.
(c) If a tax has been imposed under subsection (b), a
County Water Commission Service Occupation Tax shall also be

imposed upon all persons engaged, in the territory of the
commission, in the business of making sales of service, who, as
an incident to making the sales of service, transfer tangible
personal property within the territory. The tax rate shall be
1/4% of the selling price of tangible personal property so
transferred within the territory. The tax imposed under this
paragraph and all civil penalties that may be assessed as an
incident thereof shall be collected and enforced by the State
Department of Revenue. The Department shall have full power to
administer and enforce this paragraph; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so
collected in the manner hereinafter provided; and to determine
all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with, this paragraph, the
Department and persons who are subject to this paragraph shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions
and definitions of terms, and employ the same modes of
procedure, as are prescribed in Sections 1a-1, 2 (except that
the reference to State in the definition of supplier
maintaining a place of business in this State shall mean the
territory of the commission), 2a, 3 through 3-50 (in respect to
all provisions therein other than the State rate of tax except
that food for human consumption that is to be consumed off the

premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, shall not be subject to tax hereunder), 4 (except that the
reference to the State shall be to the territory of the
commission), 5, 7, 8 (except that the jurisdiction to which the
tax shall be a debt to the extent indicated in that Section 8
shall be the commission), 9 (except as to the disposition of
taxes and penalties collected and except that the returned
merchandise credit for this tax may not be taken against any
State tax), 10, 11, 12 (except the reference therein to Section
2b of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State shall mean the territory of the
commission), the first paragraph of Section 15, 15.5, 16, 17,
18, 19 and 20 of the Service Occupation Tax Act as fully as if
those provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax that servicemen
are authorized to collect under the Service Use Tax Act, and
any tax for which servicemen may be liable under subsection (f)
of Sec. 4.03 of the Regional Transportation Authority Act, in

accordance with such bracket schedules as the Department may
prescribe.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund established
under paragraph (g) of this Section.
Nothing in this paragraph shall be construed to authorize a
county water commission to impose a tax upon the privilege of
engaging in any business which under the Constitution of the
United States may not be made the subject of taxation by the
State.
(d) If a tax has been imposed under subsection (b), a tax
shall also imposed upon the privilege of using, in the
territory of the commission, any item of tangible personal
property that is purchased outside the territory at retail from
a retailer, and that is titled or registered with an agency of
this State's government, at a rate of 1/4% of the selling price
of the tangible personal property within the territory, as
"selling price" is defined in the Use Tax Act. The tax shall be
collected from persons whose Illinois address for titling or
registration purposes is given as being in the territory. The
tax shall be collected by the Department of Revenue for a

county water commission. The tax must be paid to the State, or
an exemption determination must be obtained from the Department
of Revenue, before the title or certificate of registration for
the property may be issued. The tax or proof of exemption may
be transmitted to the Department by way of the State agency
with which, or the State officer with whom, the tangible
personal property must be titled or registered if the
Department and the State agency or State officer determine that
this procedure will expedite the processing of applications for
title or registration.
The Department shall have full power to administer and
enforce this paragraph; to collect all taxes, penalties and
interest due hereunder; to dispose of taxes, penalties and
interest so collected in the manner hereinafter provided; and
to determine all rights to credit memoranda or refunds arising
on account of the erroneous payment of tax, penalty or interest
hereunder. In the administration of, and compliance with this
paragraph, the Department and persons who are subject to this
paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,
exemptions and definitions of terms and employ the same modes
of procedure, as are prescribed in Sections 2 (except the
definition of "retailer maintaining a place of business in this
State"), 3 through 3-80 (except provisions pertaining to the
State rate of tax, and except provisions concerning collection

or refunding of the tax by retailers, and except that food for
human consumption that is to be consumed off the premises where
it is sold (other than alcoholic beverages, soft drinks, and
food that has been prepared for immediate consumption) and
prescription and nonprescription medicines, drugs, medical
appliances and insulin, urine testing materials, syringes, and
needles used by diabetics, for human use, shall not be subject
to tax hereunder), 4, 11, 12, 12a, 14, 15, 19 (except the
portions pertaining to claims by retailers and except the last
paragraph concerning refunds), 20, 21 and 22 of the Use Tax Act
and Section 3-7 of the Uniform Penalty and Interest Act that
are not inconsistent with this paragraph, as fully as if those
provisions were set forth herein.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of a county water commission tax fund established
under paragraph (g) of this Section.
(e) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under paragraphs (b), (c) or (d) of

this Section and no additional registration shall be required
under the tax. A certificate issued under the Use Tax Act or
the Service Use Tax Act shall be applicable with regard to any
tax imposed under paragraph (c) of this Section.
(f) Any ordinance imposing or discontinuing any tax under
this Section shall be adopted and a certified copy thereof
filed with the Department on or before June 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this Section on behalf of the county water commission as of
September 1 next following the adoption and filing. Beginning
January 1, 1992, an ordinance or resolution imposing or
discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October next following such adoption and filing. Beginning
January 1, 1993, an ordinance or resolution imposing or
discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of October, whereupon the Department shall
proceed to administer and enforce this Section as of the first
day of January next following such adoption and filing.
(g) The State Department of Revenue shall, upon collecting
any taxes as provided in this Section, pay the taxes over to
the State Treasurer as trustee for the commission. The taxes
shall be held in a trust fund outside the State Treasury.

As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the State
Department of Revenue shall prepare and certify to the
Comptroller of the State of Illinois the amount to be paid to
the commission, which shall be the then balance in the fund,
less any amount determined by the Department to be necessary
for the payment of refunds, and less any amounts that are
transferred to the STAR Bonds Revenue Fund. Within 10 days
after receipt by the Comptroller of the certification of the
amount to be paid to the commission, the Comptroller shall
cause an order to be drawn for the payment for the amount in
accordance with the direction in the certification.
(h) Beginning June 1, 2016, any tax imposed pursuant to
this Section may no longer be imposed or collected, unless a
continuation of the tax is approved by the voters at a
referendum as set forth in this Section.
(Source: P.A. 96-939, eff. 6-24-10; 96-1389, eff. 7-29-10;
revised 9-2-10.)

Section 185. The School Code is amended by changing
Sections 3-2.5, 19-1, 19b-5, 19b-15, and 21-7.1 and by setting
forth and renumbering multiple versions of Sections 10-20.46
and 34-18.37 as follows:
(105 ILCS 5/3-2.5)
Sec. 3-2.5. Salaries.
(a) Except as otherwise provided in this Section, the
regional superintendents of schools shall receive for their
services an annual salary according to the population, as
determined by the last preceding federal census, of the region
they serve, as set out in the following schedule:
SALARIES OF REGIONAL SUPERINTENDENTS OF
SCHOOLS
POPULATION OF REGION ANNUAL SALARY
Less than 48,000 $73,500
48,000 to 99,999 $78,000
100,000 to 999,999 $81,500
1,000,000 and over $83,500
The changes made by Public Act 86-98 in the annual salary
that the regional superintendents of schools shall receive for
their services shall apply to the annual salary received by the
regional superintendents of schools during each of their
elected terms of office that commence after July 26, 1989 and
before the first Monday of August, 1995.

The changes made by Public Act 89-225 in the annual salary
that regional superintendents of schools shall receive for
their services shall apply to the annual salary received by the
regional superintendents of schools during their elected terms
of office that commence after August 4, 1995 and end on August
1, 1999.
The changes made by this amendatory Act of the 91st General
Assembly in the annual salary that the regional superintendents
of schools shall receive for their services shall apply to the
annual salary received by the regional superintendents of
schools during each of their elected terms of office that
commence on or after August 2, 1999.
Beginning July 1, 2000, the salary that the regional
superintendent of schools receives for his or her services
shall be adjusted annually to reflect the percentage increase,
if any, in the most recent Consumer Price Index, as defined and
officially reported by the United States Department of Labor,
Bureau of Labor Statistics, except that no annual increment may
exceed 2.9%. If the percentage of change in the Consumer Price
Index is a percentage decrease, the salary that the regional
superintendent of schools receives shall not be adjusted for
that year.
When regional superintendents are authorized by the School
Code to appoint assistant regional superintendents, the
assistant regional superintendent shall receive an annual
salary based on his or her qualifications and computed as a

percentage of the salary of the regional superintendent to whom
he or she is assistant, as set out in the following schedule:
SALARIES OF ASSISTANT REGIONAL
SUPERINTENDENTS
QUALIFICATIONS OF PERCENTAGE OF SALARY
ASSISTANT REGIONAL OF REGIONAL
SUPERINTENDENT SUPERINTENDENT
No Bachelor's degree, but State
certificate valid for teaching
and supervising. 70%
Bachelor's degree plus
State certificate valid
for supervising. 75%
Master's degree plus
State certificate valid
for supervising. 90%
However, in any region in which the appointment of more
than one assistant regional superintendent is authorized,
whether by Section 3-15.10 of this Code or otherwise, not more
than one assistant may be compensated at the 90% rate and any
other assistant shall be paid at not exceeding the 75% rate, in
each case depending on the qualifications of the assistant.
The salaries provided in this Section for regional
superintendents and assistant regional superintendents are
payable monthly. The State Comptroller in making his or her
warrant to any county for the amount due it shall deduct from

it the several amounts for which warrants have been issued to
the regional superintendent, and any assistant regional
superintendent, of the educational service region encompassing
the county since the preceding apportionment.
County boards may provide for additional compensation for
the regional superintendent or the assistant regional
superintendents, or for each of them, to be paid quarterly from
the county treasury.
(b) Upon abolition of the office of regional superintendent
of schools in educational service regions containing 2,000,000
or more inhabitants as provided in Section 3-0.01 of this Code,
the funds provided under subsection (a) of this Section shall
continue to be appropriated and reallocated, as provided for
pursuant to subsection (b) of Section 3-0.01 of this Code, to
the educational service centers established pursuant to
Section 2-3.62 of this Code for an educational service region
containing 2,000,000 or more inhabitants.
(c) If the State pays all or any portion of the employee
contributions required under Section 16-152 of the Illinois
Pension Code for employees of the State Board of Education, it
shall also pay the employee contributions required of regional
superintendents of schools and assistant regional
superintendents of schools on the same basis, but excluding any
contributions based on compensation that is paid by the county
rather than the State.
This subsection (c) applies to contributions based on

payments of salary earned after the effective date of this
amendatory Act of the 91st General Assembly, except that in the
case of an elected regional superintendent of schools, this
subsection does not apply to contributions based on payments of
salary earned during a term of office that commenced before the
effective date of this amendatory Act.
(Source: P.A. 96-893, eff. 7-1-10; 96-1086, eff. 7-16-10;
revised 7-22-10.)
(105 ILCS 5/10-20.46)
Sec. 10-20.46. Veterans' Day; moment of silence. If a
school holds any type of event at the school on November 11,
Veterans' Day, the school board shall require a moment of
silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; 96-1000, eff. 7-2-10.)
(105 ILCS 5/10-20.52)
Sec. 10-20.52 10-20.46. American Sign Language courses.
School boards are encouraged to implement American Sign
Language courses into school foreign language curricula.
(Source: P.A. 96-843, eff. 6-1-10; revised 10-5-10.)
(105 ILCS 5/19-1)
Sec. 19-1. Debt limitations of school districts.
(a) School districts shall not be subject to the provisions
limiting their indebtedness prescribed in "An Act to limit the

indebtedness of counties having a population of less than
500,000 and townships, school districts and other municipal
corporations having a population of less than 300,000",
approved February 15, 1928, as amended.
No school districts maintaining grades K through 8 or 9
through 12 shall become indebted in any manner or for any
purpose to an amount, including existing indebtedness, in the
aggregate exceeding 6.9% on the value of the taxable property
therein to be ascertained by the last assessment for State and
county taxes or, until January 1, 1983, if greater, the sum
that is produced by multiplying the school district's 1978
equalized assessed valuation by the debt limitation percentage
in effect on January 1, 1979, previous to the incurring of such
indebtedness.
No school districts maintaining grades K through 12 shall
become indebted in any manner or for any purpose to an amount,
including existing indebtedness, in the aggregate exceeding
13.8% on the value of the taxable property therein to be
ascertained by the last assessment for State and county taxes
or, until January 1, 1983, if greater, the sum that is produced
by multiplying the school district's 1978 equalized assessed
valuation by the debt limitation percentage in effect on
January 1, 1979, previous to the incurring of such
indebtedness.
No partial elementary unit district, as defined in Article
11E of this Code, shall become indebted in any manner or for

any purpose in an amount, including existing indebtedness, in
the aggregate exceeding 6.9% of the value of the taxable
property of the entire district, to be ascertained by the last
assessment for State and county taxes, plus an amount,
including existing indebtedness, in the aggregate exceeding
6.9% of the value of the taxable property of that portion of
the district included in the elementary and high school
classification, to be ascertained by the last assessment for
State and county taxes. Moreover, no partial elementary unit
district, as defined in Article 11E of this Code, shall become
indebted on account of bonds issued by the district for high
school purposes in the aggregate exceeding 6.9% of the value of
the taxable property of the entire district, to be ascertained
by the last assessment for State and county taxes, nor shall
the district become indebted on account of bonds issued by the
district for elementary purposes in the aggregate exceeding
6.9% of the value of the taxable property for that portion of
the district included in the elementary and high school
classification, to be ascertained by the last assessment for
State and county taxes.
Notwithstanding the provisions of any other law to the
contrary, in any case in which the voters of a school district
have approved a proposition for the issuance of bonds of such
school district at an election held prior to January 1, 1979,
and all of the bonds approved at such election have not been
issued, the debt limitation applicable to such school district

during the calendar year 1979 shall be computed by multiplying
the value of taxable property therein, including personal
property, as ascertained by the last assessment for State and
county taxes, previous to the incurring of such indebtedness,
by the percentage limitation applicable to such school district
under the provisions of this subsection (a).
(b) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, additional indebtedness may be
incurred in an amount not to exceed the estimated cost of
acquiring or improving school sites or constructing and
equipping additional building facilities under the following
conditions:
(1) Whenever the enrollment of students for the next
school year is estimated by the board of education to
increase over the actual present enrollment by not less
than 35% or by not less than 200 students or the actual
present enrollment of students has increased over the
previous school year by not less than 35% or by not less
than 200 students and the board of education determines
that additional school sites or building facilities are
required as a result of such increase in enrollment; and
(2) When the Regional Superintendent of Schools having
jurisdiction over the school district and the State
Superintendent of Education concur in such enrollment
projection or increase and approve the need for such
additional school sites or building facilities and the

estimated cost thereof; and
(3) When the voters in the school district approve a
proposition for the issuance of bonds for the purpose of
acquiring or improving such needed school sites or
constructing and equipping such needed additional building
facilities at an election called and held for that purpose.
Notice of such an election shall state that the amount of
indebtedness proposed to be incurred would exceed the debt
limitation otherwise applicable to the school district.
The ballot for such proposition shall state what percentage
of the equalized assessed valuation will be outstanding in
bonds if the proposed issuance of bonds is approved by the
voters; or
(4) Notwithstanding the provisions of paragraphs (1)
through (3) of this subsection (b), if the school board
determines that additional facilities are needed to
provide a quality educational program and not less than 2/3
of those voting in an election called by the school board
on the question approve the issuance of bonds for the
construction of such facilities, the school district may
issue bonds for this purpose; or
(5) Notwithstanding the provisions of paragraphs (1)
through (3) of this subsection (b), if (i) the school
district has previously availed itself of the provisions of
paragraph (4) of this subsection (b) to enable it to issue
bonds, (ii) the voters of the school district have not

defeated a proposition for the issuance of bonds since the
referendum described in paragraph (4) of this subsection
(b) was held, (iii) the school board determines that
additional facilities are needed to provide a quality
educational program, and (iv) a majority of those voting in
an election called by the school board on the question
approve the issuance of bonds for the construction of such
facilities, the school district may issue bonds for this
purpose.
In no event shall the indebtedness incurred pursuant to
this subsection (b) and the existing indebtedness of the school
district exceed 15% of the value of the taxable property
therein to be ascertained by the last assessment for State and
county taxes, previous to the incurring of such indebtedness
or, until January 1, 1983, if greater, the sum that is produced
by multiplying the school district's 1978 equalized assessed
valuation by the debt limitation percentage in effect on
January 1, 1979.
The indebtedness provided for by this subsection (b) shall
be in addition to and in excess of any other debt limitation.
(c) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, in any case in which a public
question for the issuance of bonds of a proposed school
district maintaining grades kindergarten through 12 received
at least 60% of the valid ballots cast on the question at an
election held on or prior to November 8, 1994, and in which the

bonds approved at such election have not been issued, the
school district pursuant to the requirements of Section 11A-10
(now repealed) may issue the total amount of bonds approved at
such election for the purpose stated in the question.
(d) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) and (2) of this
subsection (d) may incur an additional indebtedness in an
amount not to exceed $4,500,000, even though the amount of the
additional indebtedness authorized by this subsection (d),
when incurred and added to the aggregate amount of indebtedness
of the district existing immediately prior to the district
incurring the additional indebtedness authorized by this
subsection (d), causes the aggregate indebtedness of the
district to exceed the debt limitation otherwise applicable to
that district under subsection (a):
(1) The additional indebtedness authorized by this
subsection (d) is incurred by the school district through
the issuance of bonds under and in accordance with Section
17-2.11a for the purpose of replacing a school building
which, because of mine subsidence damage, has been closed
as provided in paragraph (2) of this subsection (d) or
through the issuance of bonds under and in accordance with
Section 19-3 for the purpose of increasing the size of, or
providing for additional functions in, such replacement
school buildings, or both such purposes.

(2) The bonds issued by the school district as provided
in paragraph (1) above are issued for the purposes of
construction by the school district of a new school
building pursuant to Section 17-2.11, to replace an
existing school building that, because of mine subsidence
damage, is closed as of the end of the 1992-93 school year
pursuant to action of the regional superintendent of
schools of the educational service region in which the
district is located under Section 3-14.22 or are issued for
the purpose of increasing the size of, or providing for
additional functions in, the new school building being
constructed to replace a school building closed as the
result of mine subsidence damage, or both such purposes.
(e) (Blank).
(f) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds in not to exceed the
aggregate amount of $5,500,000 and issued by a school district
meeting the following criteria shall not be considered
indebtedness for purposes of any statutory limitation and may
be issued in an amount or amounts, including existing
indebtedness, in excess of any heretofore or hereafter imposed
statutory limitation as to indebtedness:
(1) At the time of the sale of such bonds, the board of
education of the district shall have determined by
resolution that the enrollment of students in the district
is projected to increase by not less than 7% during each of

the next succeeding 2 school years.
(2) The board of education shall also determine by
resolution that the improvements to be financed with the
proceeds of the bonds are needed because of the projected
enrollment increases.
(3) The board of education shall also determine by
resolution that the projected increases in enrollment are
the result of improvements made or expected to be made to
passenger rail facilities located in the school district.
Notwithstanding the provisions of subsection (a) of this
Section or of any other law, a school district that has availed
itself of the provisions of this subsection (f) prior to July
22, 2004 (the effective date of Public Act 93-799) may also
issue bonds approved by referendum up to an amount, including
existing indebtedness, not exceeding 25% of the equalized
assessed value of the taxable property in the district if all
of the conditions set forth in items (1), (2), and (3) of this
subsection (f) are met.
(g) Notwithstanding the provisions of subsection (a) of
this Section or any other law, bonds in not to exceed an
aggregate amount of 25% of the equalized assessed value of the
taxable property of a school district and issued by a school
district meeting the criteria in paragraphs (i) through (iv) of
this subsection shall not be considered indebtedness for
purposes of any statutory limitation and may be issued pursuant
to resolution of the school board in an amount or amounts,

including existing indebtedness, in excess of any statutory
limitation of indebtedness heretofore or hereafter imposed:
(i) The bonds are issued for the purpose of
constructing a new high school building to replace two
adjacent existing buildings which together house a single
high school, each of which is more than 65 years old, and
which together are located on more than 10 acres and less
than 11 acres of property.
(ii) At the time the resolution authorizing the
issuance of the bonds is adopted, the cost of constructing
a new school building to replace the existing school
building is less than 60% of the cost of repairing the
existing school building.
(iii) The sale of the bonds occurs before July 1, 1997.
(iv) The school district issuing the bonds is a unit
school district located in a county of less than 70,000 and
more than 50,000 inhabitants, which has an average daily
attendance of less than 1,500 and an equalized assessed
valuation of less than $29,000,000.
(h) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27.6% of the equalized assessed
value of the taxable property in the district, if all of the
following conditions are met:

(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than $24,000,000;
(ii) The bonds are issued for the capital improvement,
renovation, rehabilitation, or replacement of existing
school buildings of the district, all of which buildings
were originally constructed not less than 40 years ago;
(iii) The voters of the district approve a proposition
for the issuance of the bonds at a referendum held after
March 19, 1996; and
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(i) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27% of the equalized assessed value
of the taxable property in the district, if all of the
following conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than $44,600,000;
(ii) The bonds are issued for the capital improvement,
renovation, rehabilitation, or replacement of existing
school buildings of the district, all of which existing
buildings were originally constructed not less than 80
years ago;
(iii) The voters of the district approve a proposition

for the issuance of the bonds at a referendum held after
December 31, 1996; and
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(j) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1999, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27% of the equalized assessed value
of the taxable property in the district if all of the following
conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than $140,000,000
and a best 3 months average daily attendance for the
1995-96 school year of at least 2,800;
(ii) The bonds are issued to purchase a site and build
and equip a new high school, and the school district's
existing high school was originally constructed not less
than 35 years prior to the sale of the bonds;
(iii) At the time of the sale of the bonds, the board
of education determines by resolution that a new high
school is needed because of projected enrollment
increases;
(iv) At least 60% of those voting in an election held
after December 31, 1996 approve a proposition for the
issuance of the bonds; and

(v) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(k) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) through (4) of
this subsection (k) may issue bonds to incur an additional
indebtedness in an amount not to exceed $4,000,000 even though
the amount of the additional indebtedness authorized by this
subsection (k), when incurred and added to the aggregate amount
of indebtedness of the school district existing immediately
prior to the school district incurring such additional
indebtedness, causes the aggregate indebtedness of the school
district to exceed or increases the amount by which the
aggregate indebtedness of the district already exceeds the debt
limitation otherwise applicable to that school district under
subsection (a):
(1) the school district is located in 2 counties, and a
referendum to authorize the additional indebtedness was
approved by a majority of the voters of the school district
voting on the proposition to authorize that indebtedness;
(2) the additional indebtedness is for the purpose of
financing a multi-purpose room addition to the existing
high school;
(3) the additional indebtedness, together with the
existing indebtedness of the school district, shall not
exceed 17.4% of the value of the taxable property in the

school district, to be ascertained by the last assessment
for State and county taxes; and
(4) the bonds evidencing the additional indebtedness
are issued, if at all, within 120 days of the effective
date of this amendatory Act of 1998.
(l) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 2000, a
school district maintaining grades kindergarten through 8 may
issue bonds up to an amount, including existing indebtedness,
not exceeding 15% of the equalized assessed value of the
taxable property in the district if all of the following
conditions are met:
(i) the district has an equalized assessed valuation
for calendar year 1996 of less than $10,000,000;
(ii) the bonds are issued for capital improvement,
renovation, rehabilitation, or replacement of one or more
school buildings of the district, which buildings were
originally constructed not less than 70 years ago;
(iii) the voters of the district approve a proposition
for the issuance of the bonds at a referendum held on or
after March 17, 1998; and
(iv) the bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(m) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1999, an
elementary school district maintaining grades K through 8 may

issue bonds up to an amount, excluding existing indebtedness,
not exceeding 18% of the equalized assessed value of the
taxable property in the district, if all of the following
conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 or less than $7,700,000;
(ii) The school district operates 2 elementary
attendance centers that until 1976 were operated as the
attendance centers of 2 separate and distinct school
districts;
(iii) The bonds are issued for the construction of a
new elementary school building to replace an existing
multi-level elementary school building of the school
district that is not handicapped accessible at all levels
and parts of which were constructed more than 75 years ago;
(iv) The voters of the school district approve a
proposition for the issuance of the bonds at a referendum
held after July 1, 1998; and
(v) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(n) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section or any other provisions of this
Section or of any other law, a school district that meets all
of the criteria set forth in paragraphs (i) through (vi) of
this subsection (n) may incur additional indebtedness by the
issuance of bonds in an amount not exceeding the amount

certified by the Capital Development Board to the school
district as provided in paragraph (iii) of this subsection (n),
even though the amount of the additional indebtedness so
authorized, when incurred and added to the aggregate amount of
indebtedness of the district existing immediately prior to the
district incurring the additional indebtedness authorized by
this subsection (n), causes the aggregate indebtedness of the
district to exceed the debt limitation otherwise applicable by
law to that district:
(i) The school district applies to the State Board of
Education for a school construction project grant and
submits a district facilities plan in support of its
application pursuant to Section 5-20 of the School
Construction Law.
(ii) The school district's application and facilities
plan are approved by, and the district receives a grant
entitlement for a school construction project issued by,
the State Board of Education under the School Construction
Law.
(iii) The school district has exhausted its bonding
capacity or the unused bonding capacity of the district is
less than the amount certified by the Capital Development
Board to the district under Section 5-15 of the School
Construction Law as the dollar amount of the school
construction project's cost that the district will be
required to finance with non-grant funds in order to

receive a school construction project grant under the
School Construction Law.
(iv) The bonds are issued for a "school construction
project", as that term is defined in Section 5-5 of the
School Construction Law, in an amount that does not exceed
the dollar amount certified, as provided in paragraph (iii)
of this subsection (n), by the Capital Development Board to
the school district under Section 5-15 of the School
Construction Law.
(v) The voters of the district approve a proposition
for the issuance of the bonds at a referendum held after
the criteria specified in paragraphs (i) and (iii) of this
subsection (n) are met.
(vi) The bonds are issued pursuant to Sections 19-2
through 19-7 of the School Code.
(o) Notwithstanding any other provisions of this Section or
the provisions of any other law, until November 1, 2007, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 20% of the equalized assessed value
of the taxable property in the district if all of the following
conditions are met:
(i) the school district has an equalized assessed
valuation for calendar year 2001 of at least $737,000,000
and an enrollment for the 2002-2003 school year of at least
8,500;

(ii) the bonds are issued to purchase school sites,
build and equip a new high school, build and equip a new
junior high school, build and equip 5 new elementary
schools, and make technology and other improvements and
additions to existing schools;
(iii) at the time of the sale of the bonds, the board
of education determines by resolution that the sites and
new or improved facilities are needed because of projected
enrollment increases;
(iv) at least 57% of those voting in a general election
held prior to January 1, 2003 approved a proposition for
the issuance of the bonds; and
(v) the bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(p) Notwithstanding any other provisions of this Section or
the provisions of any other law, a community unit school
district maintaining grades K through 12 may issue bonds up to
an amount, including indebtedness, not exceeding 27% of the
equalized assessed value of the taxable property in the
district if all of the following conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 2001 of at least $295,741,187
and a best 3 months' average daily attendance for the
2002-2003 school year of at least 2,394.
(ii) The bonds are issued to build and equip 3
elementary school buildings; build and equip one middle

school building; and alter, repair, improve, and equip all
existing school buildings in the district.
(iii) At the time of the sale of the bonds, the board
of education determines by resolution that the project is
needed because of expanding growth in the school district
and a projected enrollment increase.
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(p-5) Notwithstanding any other provisions of this Section
or the provisions of any other law, bonds issued by a community
unit school district maintaining grades K through 12 shall not
be considered indebtedness for purposes of any statutory
limitation and may be issued in an amount or amounts, including
existing indebtedness, in excess of any heretofore or hereafter
imposed statutory limitation as to indebtedness, if all of the
following conditions are met:
(i) For each of the 4 most recent years, residential
property comprises more than 80% of the equalized assessed
valuation of the district.
(ii) At least 2 school buildings that were constructed
40 or more years prior to the issuance of the bonds will be
demolished and will be replaced by new buildings or
additions to one or more existing buildings.
(iii) Voters of the district approve a proposition for
the issuance of the bonds at a regularly scheduled
election.

(iv) At the time of the sale of the bonds, the school
board determines by resolution that the new buildings or
building additions are needed because of an increase in
enrollment projected by the school board.
(v) The principal amount of the bonds, including
existing indebtedness, does not exceed 25% of the equalized
assessed value of the taxable property in the district.
(vi) The bonds are issued prior to January 1, 2007,
pursuant to Sections 19-2 through 19-7 of this Code.
(p-10) Notwithstanding any other provisions of this
Section or the provisions of any other law, bonds issued by a
community consolidated school district maintaining grades K
through 8 shall not be considered indebtedness for purposes of
any statutory limitation and may be issued in an amount or
amounts, including existing indebtedness, in excess of any
heretofore or hereafter imposed statutory limitation as to
indebtedness, if all of the following conditions are met:
(i) For each of the 4 most recent years, residential
and farm property comprises more than 80% of the equalized
assessed valuation of the district.
(ii) The bond proceeds are to be used to acquire and
improve school sites and build and equip a school building.
(iii) Voters of the district approve a proposition for
the issuance of the bonds at a regularly scheduled
election.
(iv) At the time of the sale of the bonds, the school

board determines by resolution that the school sites and
building additions are needed because of an increase in
enrollment projected by the school board.
(v) The principal amount of the bonds, including
existing indebtedness, does not exceed 20% of the equalized
assessed value of the taxable property in the district.
(vi) The bonds are issued prior to January 1, 2007,
pursuant to Sections 19-2 through 19-7 of this Code.
(p-15) In addition to all other authority to issue bonds,
the Oswego Community Unit School District Number 308 may issue
bonds with an aggregate principal amount not to exceed
$450,000,000, but only if all of the following conditions are
met:
(i) The voters of the district have approved a
proposition for the bond issue at the general election held
on November 7, 2006.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that: (A) the building and
equipping of the new high school building, new junior high
school buildings, new elementary school buildings, early
childhood building, maintenance building, transportation
facility, and additions to existing school buildings, the
altering, repairing, equipping, and provision of
technology improvements to existing school buildings, and
the acquisition and improvement of school sites, as the
case may be, are required as a result of a projected

increase in the enrollment of students in the district; and
(B) the sale of bonds for these purposes is authorized by
legislation that exempts the debt incurred on the bonds
from the district's statutory debt limitation.
(iii) The bonds are issued, in one or more bond issues,
on or before November 7, 2011, but the aggregate principal
amount issued in all such bond issues combined must not
exceed $450,000,000.
(iv) The bonds are issued in accordance with this
Article 19.
(v) The proceeds of the bonds are used only to
accomplish those projects approved by the voters at the
general election held on November 7, 2006.
The debt incurred on any bonds issued under this subsection
(p-15) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-20) In addition to all other authority to issue bonds,
the Lincoln-Way Community High School District Number 210 may
issue bonds with an aggregate principal amount not to exceed
$225,000,000, but only if all of the following conditions are
met:
(i) The voters of the district have approved a
proposition for the bond issue at the general primary
election held on March 21, 2006.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that: (A) the building and

equipping of the new high school buildings, the altering,
repairing, and equipping of existing school buildings, and
the improvement of school sites, as the case may be, are
required as a result of a projected increase in the
enrollment of students in the district; and (B) the sale of
bonds for these purposes is authorized by legislation that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(iii) The bonds are issued, in one or more bond issues,
on or before March 21, 2011, but the aggregate principal
amount issued in all such bond issues combined must not
exceed $225,000,000.
(iv) The bonds are issued in accordance with this
Article 19.
(v) The proceeds of the bonds are used only to
accomplish those projects approved by the voters at the
primary election held on March 21, 2006.
The debt incurred on any bonds issued under this subsection
(p-20) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-25) In addition to all other authority to issue bonds,
Rochester Community Unit School District 3A may issue bonds
with an aggregate principal amount not to exceed $18,500,000,
but only if all of the following conditions are met:
(i) The voters of the district approve a proposition
for the bond issuance at the general primary election held

in 2008.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that: (A) the building and
equipping of a new high school building; the addition of
classrooms and support facilities at the high school,
middle school, and elementary school; the altering,
repairing, and equipping of existing school buildings; and
the improvement of school sites, as the case may be, are
required as a result of a projected increase in the
enrollment of students in the district; and (B) the sale of
bonds for these purposes is authorized by a law that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(iii) The bonds are issued, in one or more bond issues,
on or before December 31, 2012, but the aggregate principal
amount issued in all such bond issues combined must not
exceed $18,500,000.
(iv) The bonds are issued in accordance with this
Article 19.
(v) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at the primary
election held in 2008.
The debt incurred on any bonds issued under this subsection
(p-25) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-30) In addition to all other authority to issue bonds,

Prairie Grove Consolidated School District 46 may issue bonds
with an aggregate principal amount not to exceed $30,000,000,
but only if all of the following conditions are met:
(i) The voters of the district approve a proposition
for the bond issuance at an election held in 2008.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that (A) the building and
equipping of a new school building and additions to
existing school buildings are required as a result of a
projected increase in the enrollment of students in the
district and (B) the altering, repairing, and equipping of
existing school buildings are required because of the age
of the existing school buildings.
(iii) The bonds are issued, in one or more bond
issuances, on or before December 31, 2012; however, the
aggregate principal amount issued in all such bond
issuances combined must not exceed $30,000,000.
(iv) The bonds are issued in accordance with this
Article.
(v) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held in 2008.
The debt incurred on any bonds issued under this subsection
(p-30) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-35) In addition to all other authority to issue bonds,

Prairie Hill Community Consolidated School District 133 may
issue bonds with an aggregate principal amount not to exceed
$13,900,000, but only if all of the following conditions are
met:
(i) The voters of the district approved a proposition
for the bond issuance at an election held on April 17,
2007.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that (A) the improvement
of the site of and the building and equipping of a school
building are required as a result of a projected increase
in the enrollment of students in the district and (B) the
repairing and equipping of the Prairie Hill Elementary
School building is required because of the age of that
school building.
(iii) The bonds are issued, in one or more bond
issuances, on or before December 31, 2011, but the
aggregate principal amount issued in all such bond
issuances combined must not exceed $13,900,000.
(iv) The bonds are issued in accordance with this
Article.
(v) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on April 17, 2007.
The debt incurred on any bonds issued under this subsection
(p-35) shall not be considered indebtedness for purposes of any

statutory debt limitation.
(p-40) In addition to all other authority to issue bonds,
Mascoutah Community Unit District 19 may issue bonds with an
aggregate principal amount not to exceed $55,000,000, but only
if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at a regular election held on or
after November 4, 2008.
(2) At the time of the sale of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new high school building is required as a
result of a projected increase in the enrollment of
students in the district and the age and condition of the
existing high school building, (ii) the existing high
school building will be demolished, and (iii) the sale of
bonds is authorized by statute that exempts the debt
incurred on the bonds from the district's statutory debt
limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before December 31, 2011, but the
aggregate principal amount issued in all such bond
issuances combined must not exceed $55,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at a regular

election held on or after November 4, 2008.
The debt incurred on any bonds issued under this subsection
(p-40) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-45) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds issued pursuant to
Section 19-3.5 of this Code shall not be considered
indebtedness for purposes of any statutory limitation if the
bonds are issued in an amount or amounts, including existing
indebtedness of the school district, not in excess of 18.5% of
the value of the taxable property in the district to be
ascertained by the last assessment for State and county taxes.
(p-50) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds issued pursuant to
Section 19-3.10 of this Code shall not be considered
indebtedness for purposes of any statutory limitation if the
bonds are issued in an amount or amounts, including existing
indebtedness of the school district, not in excess of 43% of
the value of the taxable property in the district to be
ascertained by the last assessment for State and county taxes.
(p-55) In addition to all other authority to issue bonds,
Belle Valley School District 119 may issue bonds with an
aggregate principal amount not to exceed $47,500,000, but only
if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after April

7, 2009.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of mine subsidence in an existing school building and
because of the age and condition of another existing school
building and (ii) the issuance of bonds is authorized by
statute that exempts the debt incurred on the bonds from
the district's statutory debt limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before March 31, 2014, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $47,500,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after April 7, 2009.
The debt incurred on any bonds issued under this subsection
(p-55) shall not be considered indebtedness for purposes of any
statutory debt limitation. Bonds issued under this subsection
(p-55) must mature within not to exceed 30 years from their
date, notwithstanding any other law to the contrary.
(p-60) In addition to all other authority to issue bonds,
Wilmington Community Unit School District Number 209-U may
issue bonds with an aggregate principal amount not to exceed

$2,285,000, but only if all of the following conditions are
met:
(1) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at the general
primary election held on March 21, 2006.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the projects
approved by the voters were and are required because of the
age and condition of the school district's prior and
existing school buildings and (ii) the issuance of the
bonds is authorized by legislation that exempts the debt
incurred on the bonds from the district's statutory debt
limitation.
(3) The bonds are issued in one or more bond issuances
on or before March 1, 2011, but the aggregate principal
amount issued in all those bond issuances combined must not
exceed $2,285,000.
(4) The bonds are issued in accordance with this
Article.
The debt incurred on any bonds issued under this subsection
(p-60) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-65) (p-60) In addition to all other authority to issue
bonds, West Washington County Community Unit School District 10
may issue bonds with an aggregate principal amount not to
exceed $32,200,000 and maturing over a period not exceeding 25

years, but only if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after
February 2, 2010.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (A) all or a portion
of the existing Okawville Junior/Senior High School
Building will be demolished; (B) the building and equipping
of a new school building to be attached to and the
alteration, repair, and equipping of the remaining portion
of the Okawville Junior/Senior High School Building is
required because of the age and current condition of that
school building; and (C) the issuance of bonds is
authorized by a statute that exempts the debt incurred on
the bonds from the district's statutory debt limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before March 31, 2014, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $32,200,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after February 2, 2010.
The debt incurred on any bonds issued under this subsection
(p-65) (p-60) shall not be considered indebtedness for purposes

of any statutory debt limitation.
(p-70) (p-60) In addition to all other authority to issue
bonds, Cahokia Community Unit School District 187 may issue
bonds with an aggregate principal amount not to exceed
$50,000,000, but only if all the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after
November 2, 2010.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of the age and condition of an existing school building and
(ii) the issuance of bonds is authorized by a statute that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(3) The bonds are issued, in one or more issuances, on
or before July 1, 2016, but the aggregate principal amount
issued in all such bond issuances combined must not exceed
$50,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after November 2, 2010.
The debt incurred on any bonds issued under this subsection
(p-70) (p-60) shall not be considered indebtedness for purposes

of any statutory debt limitation. Bonds issued under this
subsection (p-70) (p-60) must mature within not to exceed 25
years from their date, notwithstanding any other law, including
Section 19-3 of this Code, to the contrary.
(p-75) (p-60) Notwithstanding the debt limitation
prescribed in subsection (a) of this Section or any other
provisions of this Section or of any other law, the execution
of leases on or after January 1, 2007 and before July 1, 2011
by the Board of Education of Peoria School District 150 with a
public building commission for leases entered into pursuant to
the Public Building Commission Act shall not be considered
indebtedness for purposes of any statutory debt limitation.
This subsection (p-75) (p-60) applies only if the State
Board of Education or the Capital Development Board makes one
or more grants to Peoria School District 150 pursuant to the
School Construction Law. The amount exempted from the debt
limitation as prescribed in this subsection (p-75) (p-60) shall
be no greater than the amount of one or more grants awarded to
Peoria School District 150 by the State Board of Education or
the Capital Development Board.
(q) A school district must notify the State Board of
Education prior to issuing any form of long-term or short-term
debt that will result in outstanding debt that exceeds 75% of
the debt limit specified in this Section or any other provision
of law.
(Source: P.A. 95-331, eff. 8-21-07; 95-594, eff. 9-10-07;

95-792, eff. 1-1-09; 96-63, eff. 7-23-09; 96-273, eff. 8-11-09;
96-517, eff. 8-14-09; 96-947, eff. 6-25-10; 96-950, eff.
6-25-10; 96-1000, eff. 7-2-10; 96-1438, eff. 8-20-10; 96-1467,
eff. 8-20-10; revised 9-16-10.)
(105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
Sec. 19b-5. Installment payment contract; lease purchase
agreement. A school district or school districts in combination
or an area vocational center may enter into an installment
payment contract or lease purchase agreement with a qualified
provider or with a third party third-party, as authorized by
law, for the funding or financing of the purchase and
installation of energy conservation measures by a qualified
provider. Every school district or area vocational center may
issue certificates evidencing the indebtedness incurred
pursuant to the contracts or agreements. Any such contract or
agreement shall be valid whether or not an appropriation with
respect thereto is first included in any annual or supplemental
budget adopted by the school district or area vocational
center. Each contract or agreement entered into by a school
district or area vocational center pursuant to this Section
shall be authorized by official action of the school board or
governing board of the area vocational center, whichever is
applicable. The authority granted in this Section is in
addition to any other authority granted by law.
If an energy audit is performed by an energy services

contractor for a school district within the 3 years immediately
preceding the solicitation, then the school district must
publish as a reference document in the solicitation for energy
conservation measures the following:
(1) an executive summary of the energy audit provided
that the school district may exclude any proprietary or
trademarked information or practices; or
(2) the energy audit provided that the school district
may redact any proprietary or trademarked information or
practices.
A school district may not withhold the disclosure of
information related to (i) the school district's consumption of
energy, (ii) the physical condition of the school district's
facilities, and (iii) any limitations prescribed by the school
district.
The solicitation must include a written disclosure that
identifies any energy services contractor that participated in
the preparation of the specifications issued by the school
district. If no energy services contractor participated in the
preparation of the specifications issued by the school
district, then the solicitation must include a written
disclosure that no energy services contractor participated in
the preparation of the specifications for the school district.
The written disclosure shall be published in the Capital
Development Board Procurement Bulletin with the Request for
Proposal.

(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10;
revised 9-16-10.)
(105 ILCS 5/19b-15)
Sec. 19b-15. Applicable laws. Other State laws and related
administrative requirements apply to this Article, including,
but not limited to, the following laws and related
administrative requirements: the Illinois Human Rights Act,
the Prevailing Wage Act, the Public Construction Bond Act, the
Public Works Preference Act (repealed on June 16, 2010 by
Public Act 96-929), the Employment of Illinois Workers on
Public Works Act, the Freedom of Information Act, the Open
Meetings Act, the Illinois Architecture Practice Act of 1989,
the Professional Engineering Practice Act of 1989, the
Structural Engineering Practice Act of 1989, the Local
Government Professional Services Selection Act, and the
Contractor Unified License and Permit Bond Act.
(Source: P.A. 95-612, eff. 9-11-07; revised 10-19-10.)
(105 ILCS 5/21-7.1) (from Ch. 122, par. 21-7.1)
Sec. 21-7.1. Administrative certificate.
(a) After July 1, 1999, an administrative certificate valid
for 5 years of supervising and administering in the public
common schools (unless changed under subsection (a-5) of this
Section) may be issued to persons who have graduated from a
regionally accredited institution of higher learning with a

master's degree or its equivalent and who have been recommended
by a recognized institution of higher learning, a
not-for-profit entity, or a combination thereof, as having
completed a program of preparation for one or more of these
endorsements. Such programs of academic and professional
preparation required for endorsement shall be administered by
an institution or not-for-profit entity approved to offer such
programs by the State Board of Education, in consultation with
the State Teacher Certification Board, and shall be operated in
accordance with this Article and the standards set forth by the
State Superintendent of Education in consultation with the
State Teacher Certification Board. Any program offered in whole
or in part by a not-for-profit entity must also be approved by
the Board of Higher Education.
(a-5) Beginning July 1, 2003, if an administrative
certificate holder holds a Standard Teaching Certificate, the
validity period of the administrative certificate shall be
changed, if necessary, so that the validity period of the
administrative certificate coincides with the validity period
of the Standard Teaching Certificate. Beginning July 1, 2003,
if an administrative certificate holder holds a Master Teaching
Certificate, the validity period of the administrative
certificate shall be changed so that the validity period of the
administrative certificate coincides with the validity period
of the Master Teaching Certificate.
(b) No administrative certificate shall be issued for the

first time after June 30, 1987 and no endorsement provided for
by this Section shall be made or affixed to an administrative
certificate for the first time after June 30, 1987 unless the
person to whom such administrative certificate is to be issued
or to whose administrative certificate such endorsement is to
be affixed has been required to demonstrate as a part of a
program of academic or professional preparation for such
certification or endorsement: (i) an understanding of the
knowledge called for in establishing productive parent-school
relationships and of the procedures fostering the involvement
which such relationships demand; and (ii) an understanding of
the knowledge required for establishing a high quality school
climate and promoting good classroom organization and
management, including rules of conduct and instructional
procedures appropriate to accomplishing the tasks of
schooling; and (iii) a demonstration of the knowledge and
skills called for in providing instructional leadership. The
standards for demonstrating an understanding of such knowledge
shall be set forth by the State Board of Education in
consultation with the State Teacher Certification Board, and
shall be administered by the recognized institutions of higher
learning as part of the programs of academic and professional
preparation required for certification and endorsement under
this Section. As used in this subsection: "establishing
productive parent-school relationships" means the ability to
maintain effective communication between parents and school

personnel, to encourage parental involvement in schooling, and
to motivate school personnel to engage parents in encouraging
student achievement, including the development of programs and
policies which serve to accomplish this purpose; and
"establishing a high quality school climate" means the ability
to promote academic achievement, to maintain discipline, to
recognize substance abuse problems among students and utilize
appropriate law enforcement and other community resources to
address these problems, to support teachers and students in
their education endeavors, to establish learning objectives
and to provide instructional leadership, including the
development of policies and programs which serve to accomplish
this purpose; and "providing instructional leadership" means
the ability to effectively evaluate school personnel, to
possess general communication and interpersonal skills, and to
establish and maintain appropriate classroom learning
environments. The provisions of this subsection shall not apply
to or affect the initial issuance or making on or before June
30, 1987 of any administrative certificate or endorsement
provided for under this Section, nor shall such provisions
apply to or affect the renewal after June 30, 1987 of any such
certificate or endorsement initially issued or made on or
before June 30, 1987.
(c) Administrative certificates shall be renewed every 5
years with the first renewal being 5 years following the
initial receipt of an administrative certificate, unless the

validity period for the administrative certificate has been
changed under subsection (a-5) of this Section, in which case
the certificate shall be renewed at the same time that the
Standard or Master Teaching Certificate is renewed.
(c-5) (Blank).
(c-10) Except as otherwise provided in subsection (c-15) of
this Section, persons holding administrative certificates must
follow the certificate renewal procedure set forth in this
subsection (c-10), provided that those persons holding
administrative certificates on June 30, 2003 who are renewing
those certificates on or after July 1, 2003 shall be issued new
administrative certificates valid for 5 years (unless changed
under subsection (a-5) of this Section), which may be renewed
thereafter as set forth in this subsection (c-10).
A person holding an administrative certificate and
employed in a position requiring administrative certification,
including a regional superintendent of schools, must satisfy
the continuing professional development requirements of this
Section to renew his or her administrative certificate. The
continuing professional development must include without
limitation the following continuing professional development
purposes:
(1) To improve the administrator's knowledge of
instructional practices and administrative procedures in
accordance with the Illinois Professional School Leader
Standards.

(2) To maintain the basic level of competence required
for initial certification.
(3) To improve the administrator's mastery of skills
and knowledge regarding the improvement of teaching
performance in clinical settings and assessment of the
levels of student performance in the schools.
The continuing professional development must include the
following in order for the certificate to be renewed:
(A) Participation in continuing professional
development activities, which must total a minimum of 100
hours of continuing professional development. The
participation must consist of a minimum of 5 activities per
validity period of the certificate, and the certificate
holder must maintain documentation of completion of each
activity.
(B) Participation every year in an Illinois
Administrators' Academy course, which participation must
total a minimum of 30 continuing professional development
hours during the period of the certificate's validity and
which must include completion of applicable required
coursework, including completion of a communication,
dissemination, or application component, as defined by the
State Board of Education.
The certificate holder must complete a verification form
developed by the State Board of Education and certify that 100
hours of continuing professional development activities and 5

Administrators' Academy courses have been completed. The
regional superintendent of schools shall review and validate
the verification form for a certificate holder. Based on
compliance with all of the requirements for renewal, the
regional superintendent of schools shall forward a
recommendation for renewal or non-renewal to the State
Superintendent of Education and shall notify the certificate
holder of the recommendation. The State Superintendent of
Education shall review the recommendation to renew or non-renew
and shall notify, in writing, the certificate holder of a
decision denying renewal of his or her certificate. Any
decision regarding non-renewal of an administrative
certificate may be appealed to the State Teacher Certification
Board.
The State Board of Education, in consultation with the
State Teacher Certification Board, shall adopt rules to
implement this subsection (c-10).
The regional superintendent of schools shall monitor the
process for renewal of administrative certificates established
in this subsection (c-10).
(c-15) This subsection (c-15) applies to the first period
of an administrative certificate's validity during which the
holder becomes subject to the requirements of subsection (c-10)
of this Section if the certificate has less than 5 years'
validity or has less than 5 years' validity remaining when the
certificate holder becomes subject to the requirements of

subsection (c-10) of this Section. With respect to this period,
the 100 hours of continuing professional development and 5
activities per validity period specified in clause (A) of
subsection (c-10) of this Section shall instead be deemed to
mean 20 hours of continuing professional development and one
activity per year of the certificate's validity or remaining
validity and the 30 continuing professional development hours
specified in clause (B) of subsection (c-10) of this Section
shall instead be deemed to mean completion of at least one
course per year of the certificate's validity or remaining
validity. Certificate holders who evaluate certified staff
must complete a 2-day teacher evaluation course, in addition to
the 30 continuing professional development hours.
(c-20) The State Board of Education, in consultation with
the State Teacher Certification Board, shall develop
procedures for implementing this Section and shall administer
the renewal of administrative certificates. Failure to submit
satisfactory evidence of continuing professional education
which contributes to promoting the goals of this Section shall
result in a loss of administrative certification.
(d) Any limited or life supervisory certificate issued
prior to July 1, 1968 shall continue to be valid for all
administrative and supervisory positions in the public schools
for which it is valid as of that date as long as its holder
meets the requirements for registration or renewal as set forth
in the statutes or until revoked according to law.

(e) The administrative or supervisory positions for which
the certificate shall be valid shall be determined by one or
more of the following endorsements: general supervisory,
general administrative, principal, chief school business
official, and superintendent.
Subject to the provisions of Section 21-1a, endorsements
shall be made under conditions set forth in this Section. The
State Board of Education shall, in consultation with the State
Teacher Certification Board, adopt rules pursuant to the
Illinois Administrative Procedure Act, establishing
requirements for obtaining administrative certificates where
the minimum administrative or supervisory requirements surpass
those set forth in this Section.
The State Teacher Certification Board shall file with the
State Board of Education a written recommendation when
considering additional administrative or supervisory
requirements. All additional requirements shall be based upon
the requisite knowledge necessary to perform those tasks
required by the certificate. The State Board of Education shall
in consultation with the State Teacher Certification Board,
establish standards within its rules which shall include the
academic and professional requirements necessary for
certification. These standards shall at a minimum contain, but
not be limited to, those used by the State Board of Education
in determining whether additional knowledge will be required.
Additionally, the State Board of Education shall in

consultation with the State Teacher Certification Board,
establish provisions within its rules whereby any member of the
educational community or the public may file a formal written
recommendation or inquiry regarding requirements.
(1) Until July 1, 2003, the general supervisory
endorsement shall be affixed to the administrative
certificate of any holder who has at least 16 semester
hours of graduate credit in professional education
including 8 semester hours of graduate credit in curriculum
and research and who has at least 2 years of full-time
teaching experience or school service personnel experience
in public schools, schools under the supervision of the
Department of Corrections, schools under the
administration of the Department of Rehabilitation
Services, or nonpublic schools meeting the standards
established by the State Superintendent of Education or
comparable out-of-state recognition standards approved by
the State Superintendent of Education.
Such endorsement shall be required for supervisors,
curriculum directors and for such similar and related
positions as determined by the State Superintendent of
Education in consultation with the State Teacher
Certification Board.
(2) Until June 30, 2014, the general administrative
endorsement shall be affixed to the administrative
certificate of any holder who has at least 20 semester

hours of graduate credit in educational administration and
supervision and who has at least 2 years of full-time
teaching experience or school service personnel experience
in public schools, schools under the supervision of the
Department of Corrections, schools under the
administration of the Department of Rehabilitation
Services, or nonpublic schools meeting the standards
established by the State Superintendent of Education or
comparable out-of-state recognition standards approved by
the State Superintendent of Education.
Such endorsement or a principal endorsement shall be
required for principal, assistant principal, assistant or
associate superintendent, and junior college dean and for
related or similar positions as determined by the State
Superintendent of Education in consultation with the State
Teacher Certification Board.
(2.5) The principal endorsement shall be affixed to the
administrative certificate of any holder who qualifies by:
(A) successfully completing a principal
preparation program approved in accordance with
Section 21-7.6 of this Code and any applicable rules;
(B) having 4 years of teaching experience;
however, the State Board of Education shall allow, by
rules, for fewer than 4 years of experience based on
meeting standards set forth in such rules, including
without limitation a review of performance evaluations

or other evidence of demonstrated qualifications; and
(C) having a master's degree.
(3) The chief school business official endorsement
shall be affixed to the administrative certificate of any
holder who qualifies by having a Master's degree, 2 years
of administrative experience in school business management
or 2 years of university-approved practical experience,
and a minimum of 20 semester hours of graduate credit in a
program established by the State Superintendent of
Education in consultation with the State Teacher
Certification Board for the preparation of school business
administrators. Such endorsement shall also be affixed to
the administrative certificate of any holder who qualifies
by having a Master's Degree in Business Administration,
Finance or Accounting and 6 semester hours of internship in
school business management from a regionally accredited
institution of higher education.
After June 30, 1977, such endorsement shall be required
for any individual first employed as a chief school
business official.
(4) The superintendent endorsement shall be affixed to
the administrative certificate of any holder who has
completed 30 semester hours of graduate credit beyond the
master's degree in a program for the preparation of
superintendents of schools including 16 semester hours of
graduate credit in professional education and who has at

least 2 years experience as an administrator or supervisor
in the public schools or the State Board of Education or
education service regions or in nonpublic schools meeting
the standards established by the State Superintendent of
Education or comparable out-of-state recognition standards
approved by the State Superintendent of Education and holds
general supervisory or general administrative endorsement,
or who has had 2 years of experience as a supervisor, chief
school business official, or administrator while holding
an all-grade supervisory certificate or a certificate
comparable in validity and educational and experience
requirements.
After June 30, 1968, such endorsement shall be required
for a superintendent of schools, except as provided in the
second paragraph of this Section and in Section 34-6.
Any person appointed to the position of superintendent
between the effective date of this Act and June 30, 1993 in
a school district organized pursuant to Article 32 with an
enrollment of at least 20,000 pupils shall be exempt from
the provisions of this paragraph (4) until June 30, 1996.
(f) All official interpretations or acts of issuing or
denying administrative certificates or endorsements by the
State Teacher's Certification Board, State Board of Education
or the State Superintendent of Education, from the passage of
P.A. 81-1208 on November 8, 1979 through September 24, 1981 are
hereby declared valid and legal acts in all respects and

further that the purported repeal of the provisions of this
Section by P.A. 81-1208 and P.A. 81-1509 is declared null and
void.
(Source: P.A. 96-56, eff. 1-1-10; 96-903, eff. 7-1-10; 96-982,
eff. 1-1-11; 96-1423, eff. 8-3-10; revised 9-2-10.)
(105 ILCS 5/34-18.37)
Sec. 34-18.37. Veterans' Day; moment of silence. If a
school holds any type of event at the school on November 11,
Veterans' Day, the board shall require a moment of silence at
that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09.)
(105 ILCS 5/34-18.43)
Sec. 34-18.43 34-18.37. Establishing an equitable and
effective school facility development process.
(a) The General Assembly finds all of the following:
(1) The Illinois Constitution recognizes that a
"fundamental goal of the People of the State is the
educational development of all persons to the limits of
their capacities".
(2) Quality educational facilities are essential for
fostering the maximum educational development of all
persons through their educational experience from
pre-kindergarten through high school.
(3) The public school is a major institution in our

communities. Public schools offer resources and
opportunities for the children of this State who seek and
deserve quality education, but also benefit the entire
community that seeks improvement through access to
education.
(4) The equitable and efficient use of available
facilities-related resources among different schools and
among racial, ethnic, income, and disability groups is
essential to maximize the development of quality public
educational facilities for all children, youth, and
adults. The factors that impact the equitable and efficient
use of facility-related resources vary according to the
needs of each school community. Therefore, decisions that
impact school facilities should include the input of the
school community to the greatest extent possible.
(5) School openings, school closings, school
consolidations, school turnarounds, school phase-outs,
school construction, school repairs, school
modernizations, school boundary changes, and other related
school facility decisions often have a profound impact on
education in a community. In order to minimize the negative
impact of school facility decisions on the community, these
decisions should be implemented according to a clear
system-wide criteria and with the significant involvement
of local school councils, parents, educators, and the
community in decision-making.

(6) The General Assembly has previously stated that it
intended to make the individual school in the City of
Chicago the essential unit for educational governance and
improvement and to place the primary responsibility for
school governance and improvement in the hands of parents,
teachers, and community residents at each school. A school
facility policy must be consistent with these principles.
(b) In order to ensure that school facility-related
decisions are made with the input of the community and reflect
educationally sound and fiscally responsible criteria, a
Chicago Educational Facilities Task Force shall be established
within 15 days after the effective date of this amendatory Act
of the 96th General Assembly.
(c) The Chicago Educational Facilities Task Force shall
consist of all of the following members:
(1) Two members of the House of Representatives
appointed by the Speaker of the House, at least one of whom
shall be a member of the Elementary & Secondary Education
Committee.
(2) Two members of the House of Representatives
appointed by the Minority Leader of the House, at least one
of whom shall be a member of the Elementary & Secondary
Education Committee.
(3) Two members of the Senate appointed by the
President of the Senate, at least one of whom shall be a
member of the Education Committee.

(4) Two members of the Senate appointed by the Minority
Leader of the Senate, at least one of whom shall be a
member of the Education Committee.
(5) Two representatives of school community
organizations with past involvement in school facility
issues appointed by the Speaker of the House.
(6) Two representatives of school community
organizations with past involvement in school facility
issues appointed by the President of the Senate.
(7) The chief executive officer of the school district
or his or her designee.
(8) The president of the union representing teachers in
the schools of the district or his or her designee.
(9) The president of the association representing
principals in the schools of the district or his or her
designee.
(d) The Speaker of the House shall appoint one of the
appointed House members as a co-chairperson of the Chicago
Educational Facilities Task Force. The President of the Senate
shall appoint one of the appointed Senate members as a
co-chairperson of the Chicago Educational Facilities Task
Force. Members appointed by the legislative leaders shall be
appointed for the duration of the Chicago Educational
Facilities Task Force; in the event of a vacancy, the
appointment to fill the vacancy shall be made by the
legislative leader of the same chamber and party as the leader

who made the original appointment.
(e) The Chicago Educational Facilities Task Force shall
call on independent experts, as needed, to gather and analyze
pertinent information on a pro bono basis, provided that these
experts have no previous or on-going financial interest in
school facility issues related to the school district. The
Chicago Educational Facilities Task Force shall secure pro bono
expert assistance within 15 days after the establishment of the
Chicago Educational Facilities Task Force.
(f) The Chicago Educational Facilities Task Force shall be
empowered to gather further evidence in the form of testimony
or documents or other materials.
(g) The Chicago Educational Facilities Task Force, with the
help of the independent experts, shall analyze past Chicago
experiences and data with respect to school openings, school
closings, school consolidations, school turnarounds, school
phase-outs, school construction, school repairs, school
modernizations, school boundary changes, and other related
school facility decisions on students. The Chicago Educational
Facilities Task Force shall consult widely with stakeholders,
including public officials, about these facility issues and
their related costs and shall examine relevant best practices
from other school systems for dealing with these issues
systematically and equitably. These initial investigations
shall include opportunities for input from local stakeholders
through hearings, focus groups, and interviews.

(h) The Chicago Educational Facilities Task Force shall
prepare final recommendations on or before October 30, 2009
describing how the issues set forth in subsection (g) of this
Section can be addressed effectively based upon educationally
sound and fiscally responsible practices.
(i) The Chicago Educational Facilities Task Force shall
hold hearings in separate areas of the school district at times
that shall maximize school community participation to obtain
comments on draft recommendations. The final hearing shall take
place no later than 15 days prior to the completion of the
final recommendations.
(j) The Chicago Educational Facilities Task Force shall
prepare final proposed policy and legislative recommendations
for the General Assembly, the Governor, and the school
district. The recommendations may address issues, standards,
and procedures set forth in this Section. The final
recommendations shall be made available to the public through
posting on the school district's Internet website and other
forms of publication and distribution in the school district at
least 7 days before the final recommendations are submitted to
the General Assembly, the Governor, and the school district.
(k) The final recommendations may address issues of
system-wide criteria for ensuring clear priorities, equity,
and efficiency.
Without limitation, the final recommendations may propose
significant decision-making roles for key stakeholders,

including the individual school and community; recommend clear
criteria or processes for establishing criteria for making
school facility decisions; and include clear criteria for
setting priorities with respect to school openings, school
closings, school consolidations, school turnarounds, school
phase-outs, school construction, school repairs, school
modernizations, school boundary changes, and other related
school facility decisions, including the encouragement of
multiple community uses for school space.
Without limitation, the final recommendations may propose
criteria for student mobility; the transferring of students to
lower performing schools; teacher mobility; insufficient
notice to and the lack of inclusion in decision-making of local
school councils, parents, and community members about school
facility decisions; and costly facilities-related expenditures
due to poor educational and facilities planning.
(l) The State Board of Education and the school district
shall provide administrative support to the Chicago
Educational Facilities Task Force.
(Source: P.A. 96-803, eff. 10-30-09.)
(105 ILCS 5/34-18.44)
Sec. 34-18.44 34-18.37. American Sign Language courses.
The school board is encouraged to implement American Sign
Language courses into school foreign language curricula.
(Source: P.A. 96-843, eff. 6-1-10; revised 10-5-10.)

Section 190. The Children's Low-cost Laptop Act is amended
by changing Section 5 as follows:
(105 ILCS 65/5)
(Section scheduled to be repealed on August 31, 2012)
Sec. 5. Policy and purpose. The General Assembly finds
that the decreasing cost of computer technology makes it
possible today to equip more children than ever before with
21st century learning tools. The dramatic expansion of low-cost
computing options and the worldwide reliance on computer
technology for commerce, education, information, and social
interaction makes it ever more important to introduce computing
skills to students at an early age. Accordingly, the State
Board of Education shall establish a pilot project whereby
schools will provide a low-cost laptop computer to each
student, teacher, and relevant administrator in a
participating school and implement the use of educational
software and computer skills training in order to improve
academic achievement and the progress measures listed in
subsection (a) of Section 25 20 in this Act.
(Source: P.A. 96-421, eff. 8-13-09; revised 8-24-10.)
Section 195. The School Construction Law is amended by
changing Sections 5-25 and 5-50 as follows:

(105 ILCS 230/5-25)
Sec. 5-25. Eligibility and project standards.
(a) The State Board of Education shall establish
eligibility standards for school construction project grants
and debt service grants. These standards shall include minimum
enrollment requirements for eligibility for school
construction project grants of 200 students for elementary
districts, 200 students for high school districts, and 400
students for unit districts. The total enrollment of member
districts forming a cooperative high school in accordance with
subsection (c) of Section 10-22.22 of the School Code shall
meet the minimum enrollment requirements specified in this
subsection (a). The State Board of Education shall approve a
district's eligibility for a school construction project grant
or a debt service grant pursuant to the established standards.
For purposes only of determining a Type 40 area vocational
center's eligibility for an entity included in a school
construction project grant or a school maintenance project
grant, an area vocational center shall be deemed eligible if
one or more of its member school districts satisfy the grant
index criteria set forth in this Law. A Type 40 area vocational
center that makes application for school construction funds
after August 25, 2009 (the effective date of Public Act 96-731)
shall be placed on the respective application cycle list. Type
40 area vocational centers must be placed last on the priority
listing of eligible entities for the applicable fiscal year.

(b) The Capital Development Board shall establish project
standards for all school construction project grants provided
pursuant to this Article. These standards shall include space
and capacity standards as well as the determination of
recognized project costs that shall be eligible for State
financial assistance and enrichment costs that shall not be
eligible for State financial assistance.
(c) The State Board of Education and the Capital
Development Board shall not establish standards that
disapprove or otherwise establish limitations that restrict
the eligibility of (i) a school district with a population
exceeding 500,000 for a school construction project grant based
on the fact that any or all of the school construction project
grant will be used to pay debt service or to make lease
payments, as authorized by subsection (b) of Section 5-35 of
this Law, (ii) a school district located in whole or in part in
a county that imposes a tax for school facility purposes
pursuant to Section 5-1006.7 of the Counties Code, or (iii) a
school district that (1) was organized prior to 1860 and (2) is
located in part in a city originally incorporated prior to
1840, based on the fact that all or a part of the school
construction project is owned by a public building commission
and leased to the school district or the fact that any or all
of the school construction project grant will be used to pay
debt service or to make lease payments.
(d) A reorganized school district or cooperative high

school may use a school construction application that was
submitted by a school district that formed the reorganized
school district or cooperative high school if that application
has not been entitled for a project by the State Board of
Education and any one or more of the following happen within
the current or prior 2 fiscal years:
(1) a new school district is created in accordance with
Article 11E of the School Code;
(2) an existing school district annexes all of the
territory of one or more other school districts in
accordance with Article 7 of the School Code; or
(3) a cooperative high school is formed in accordance
with subsection (c) of Section 10-22.22 of the School Code.
A new elementary district formed from a school district
conversion, as defined in Section 11E-15 of the School Code,
may use only the application of the dissolved district whose
territory is now included in the new elementary district and
must obtain the written approval of the local school board of
any other school district that includes territory from that
dissolved district. A new high school district formed from a
school district conversion, as defined in Section 11E-15 of the
School Code, may use only the application of any dissolved
district whose territory is now included in the new high school
district, but only after obtaining the written approval of the
local school board of any other school district that includes
territory from that dissolved district. A cooperative high

school using this Section must obtain the written approval of
the local school board of the member school district whose
application it is using. All other eligibility and project
standards apply to this Section.
(Source: P.A. 96-37, eff. 7-13-09; 96-731, eff. 8-25-09;
96-1000, eff. 7-2-10; 96-1381, eff. 1-1-11; 96-1467, eff.
8-20-10; revised 9-16-10.)
(105 ILCS 230/5-50)
Sec. 5-50. Referendum requirements. After the State Board
of Education has approved all or part of a district's
application and issued a grant entitlement for a school
construction project grant, the district shall submit the
project or the financing of the project to a referendum when
such referendum is required by law, except for a project
financed by bonds issued pursuant to subsection (p-70) (p-60)
of Section 19-1 of the School Code.
(Source: P.A. 96-1438, eff. 8-20-10; revised 9-17-10.)
Section 200. The Public University Energy Conservation Act
is amended by changing Sections 3 and 25 as follows:
(110 ILCS 62/3)
Sec. 3. Applicable laws. Other State laws and related
administrative requirements apply to this Act, including, but
not limited to, the following laws and related administrative

requirements: the Illinois Human Rights Act, the Prevailing
Wage Act, the Public Construction Bond Act, the Public Works
Preference Act (repealed on June 16, 2010 by Public Act
96-929), the Employment of Illinois Workers on Public Works
Act, the Freedom of Information Act, the Open Meetings Act, the
Illinois Architecture Practice Act of 1989, the Professional
Engineering Practice Act of 1989, the Structural Engineering
Practice Act of 1989, the Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act, the Public
Contract Fraud Act, the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act, and the Public
Works Employment Discrimination Act.
(Source: P.A. 94-1062, eff. 7-31-06; revised 10-19-10.)
(110 ILCS 62/25)
Sec. 25. Installment payment contract; lease purchase
agreement. A public university or 2 or more public
universities in combination may enter into an installment
payment contract or lease purchase agreement with a qualified
provider or with a third party third-party, as authorized by
law, for the funding or financing of the purchase and
installation of energy conservation measures by a qualified
provider. Each public university may issue certificates
evidencing the indebtedness incurred pursuant to the contracts
or agreements. Any such contract or agreement shall be valid
whether or not an appropriation with respect thereto is first

included in any annual or additional or supplemental budget
proposal, request, or recommendation submitted by or made with
respect to a public university under Section 8 of the Board of
Higher Education Act or as otherwise provided by law. Each
contract or agreement entered into by a public university
pursuant to this Section shall be authorized by official action
of the board of trustees of that university. The authority
granted in this Section is in addition to any other authority
granted by law.
(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10;
revised 9-16-10.)
Section 205. The State Universities Civil Service Act is
amended by changing Sections 36b, 36e, and 36g-1 as follows:
(110 ILCS 70/36b) (from Ch. 24 1/2, par. 38b1)
Sec. 36b. Creation.
(1) A classified civil service system to be known as the
State Universities Civil Service System is hereby created, and
is hereinafter referred to as the University System.
(2) The purpose of the University System is to establish a
sound program of personnel administration for the Illinois
Community College Board, State Community College of East St.
Louis (abolished under Section 2-12.1 of the Public Community
College Act), Southern Illinois University, Chicago State
University, Eastern Illinois University, Governors State

University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Western Illinois
University, University of Illinois, State Universities Civil
Service System, State Universities Retirement System, the
State Scholarship Commission, and the Board of Higher
Education. All certificates, appointments and promotions to
positions in these agencies and institutions shall be made
solely on the basis of merit and fitness, to be ascertained by
examination, except as specified in Section 36e.
(3) The State Universities Civil Service System hereby
created shall be a separate entity of the State of Illinois and
shall be under the control of a Board to be known as the
University Civil Service Merit Board, and is hereinafter
referred to as the Merit Board.
(Source: P.A. 89-4, eff. 1-1-96; revised 9-16-10.)
(110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4)
Sec. 36e. Coverage. All employees of the Illinois Community
College Board, State Community College of East St. Louis
(abolished under Section 2-12.1 of the Public Community College
Act), Southern Illinois University, Chicago State University,
Eastern Illinois University, Governors State University,
Illinois State University, Northeastern Illinois University,
Northern Illinois University, Western Illinois University,
University of Illinois, State Universities Civil Service
System, State Universities Retirement System, the State

Scholarship Commission, and the Board of Higher Education,
shall be covered by the University System described in Sections
36b to 36q, inclusive, of this Act, except the following
persons:
(1) The members and officers of the Merit Board and the
board of trustees, and the commissioners of the institutions
and agencies covered hereunder;
(2) The presidents and vice-presidents of each educational
institution;
(3) Other principal administrative employees of each
institution and agency as determined by the Merit Board;
(4) The teaching, research and extension faculties of each
institution and agency;
(5) Students employed under rules prescribed by the Merit
Board, without examination or certification.
(Source: P.A. 89-4, eff. 1-1-96; revised 9-16-10.)
(110 ILCS 70/36g-1) (from Ch. 24 1/2, par. 38b6.1)
Sec. 36g-1. Active military service. Any employee of State
Community College of East St. Louis (abolished under Section
2-12.1 of the Public Community College Act), Southern Illinois
University, the University of Illinois, any university under
the jurisdiction of the Board of Regents, or any college or
university under the jurisdiction of the Board of Governors of
State Colleges and Universities who is a member of any reserve
component of the United States Armed Services, including the

Illinois National Guard, and who is mobilized to active
military duty on or after August 1, 1990 as a result of an
order of the President of the United States, shall for each pay
period beginning on or after August 1, 1990 continue to receive
the same regular compensation that he receives or was receiving
as an employee of that educational institution at the time he
is or was so mobilized to active military duty, plus any health
insurance and other benefits he is or was receiving or accruing
at that time, minus the amount of his base pay for military
service, for the duration of his active military service.
In the event any provision of a collective bargaining
agreement or any policy of the educational institution covering
any employee so ordered to active duty is more generous than
the provisions contained in this Section, that collective
bargaining agreement or policy shall be controlling.
(Source: P.A. 87-631; revised 9-16-10.)
Section 210. The University of Illinois Act is amended by
changing Section 7 and by setting forth and renumbering
multiple versions of Section 45 as follows:
(110 ILCS 305/7) (from Ch. 144, par. 28)
Sec. 7. Powers of trustees.
(a) The trustees shall have power to provide for the
requisite buildings, apparatus, and conveniences; to fix the
rates for tuition; to appoint such professors and instructors,

and to establish and provide for the management of such model
farms, model art, and other departments and professorships, as
may be required to teach, in the most thorough manner, such
branches of learning as are related to agriculture and the
mechanic arts, and military tactics, without excluding other
scientific and classical studies. The trustees shall, upon the
written request of an employee withhold from the compensation
of that employee any dues, payments or contributions payable by
such employee to any labor organization as defined in the
Illinois Educational Labor Relations Act. Under such
arrangement, an amount shall be withheld from each regular
payroll period which is equal to the pro rata share of the
annual dues plus any payments or contributions, and the
trustees shall transmit such withholdings to the specified
labor organization within 10 working days from the time of the
withholding. They may accept the endowments and voluntary
professorships or departments in the University, from any
person or persons or corporations who may offer the same, and,
at any regular meeting of the board, may prescribe rules and
regulations in relation to such endowments and declare on what
general principles they may be admitted: Provided, that such
special voluntary endowments or professorships shall not be
incompatible with the true design and scope of the act of
congress, or of this Act: Provided, that no student shall at
any time be allowed to remain in or about the University in
idleness, or without full mental or industrial occupation: And

provided further, that the trustees, in the exercise of any of
the powers conferred by this Act, shall not create any
liability or indebtedness in excess of the funds in the hands
of the treasurer of the University at the time of creating such
liability or indebtedness, and which may be specially and
properly applied to the payment of the same. Any lease to the
trustees of lands, buildings or facilities which will support
scientific research and development in such areas as high
technology, super computing, microelectronics, biotechnology,
robotics, physics and engineering shall be for a term not to
exceed 18 years, and may grant to the trustees the option to
purchase the lands, buildings or facilities. The lease shall
recite that it is subject to termination and cancellation in
any year for which the General Assembly fails to make an
appropriation to pay the rent payable under the terms of the
lease.
Leases for the purposes described herein exceeding 5 years
shall have the approval of the Illinois Board of Higher
Education.
The Board of Trustees may, directly or in cooperation with
other institutions of higher education, acquire by purchase or
lease or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage medical research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment and personal property
therefor, to encourage and facilitate (a) the location and

development of business and industry in the State of Illinois,
and (b) the increased application and development of technology
and (c) the improvement and development of the State's economy.
The Board of Trustees may lease to nonprofit corporations all
or any part of the land, buildings, facilities, equipment or
other property included in a medical research and high
technology park upon such terms and conditions as the
University of Illinois may deem advisable and enter into any
contract or agreement with such nonprofit corporations as may
be necessary or suitable for the construction, financing,
operation and maintenance and management of any such park; and
may lease to any person, firm, partnership or corporation,
either public or private, any part or all of the land,
building, facilities, equipment or other property of such park
for such purposes and upon such rentals, terms and conditions
as the University may deem advisable; and may finance all or
part of the cost of any such park, including the purchase,
lease, construction, reconstruction, improvement, remodeling,
addition to, and extension and maintenance of all or part of
such high technology park, and all equipment and furnishings,
by legislative appropriations, government grants, contracts,
private gifts, loans, receipts from the operation of such high
technology park, rentals and similar receipts; and may make its
other facilities and services available to tenants or other
occupants of any such park at rates which are reasonable and
appropriate.

The Trustees shall have power (a) to purchase real property
and easements, and (b) to acquire real property and easements
in the manner provided by law for the exercise of the right of
eminent domain, and in the event negotiations for the
acquisition of real property or easements for making any
improvement which the Trustees are authorized to make shall
have proven unsuccessful and the Trustees shall have by
resolution adopted a schedule or plan of operation for the
execution of the project and therein made a finding that it is
necessary to take such property or easements immediately or at
some specified later date in order to comply with the schedule,
the Trustees may acquire such property or easements in the same
manner provided in Article 20 of the Eminent Domain Act
(quick-take procedure).
The Board of Trustees also shall have power to agree with
the State's Attorney of the county in which any properties of
the Board are located to pay for services rendered by the
various taxing districts for the years 1944 through 1949 and to
pay annually for services rendered thereafter by such district
such sums as may be determined by the Board upon properties
used solely for income producing purposes, title to which is
held by said Board of Trustees, upon properties leased to
members of the staff of the University of Illinois, title to
which is held in trust for said Board of Trustees and upon
properties leased to for-profit entities the title to which
properties is held by the Board of Trustees. A certified copy

of any such agreement made with the State's Attorney shall be
filed with the County Clerk and such sums shall be distributed
to the respective taxing districts by the County Collector in
such proportions that each taxing district will receive
therefrom such proportion as the tax rate of such taxing
district bears to the total tax rate that would be levied
against such properties if they were not exempt from taxation
under the Property Tax Code.
The Board of Trustees of the University of Illinois,
subject to the applicable civil service law, may appoint
persons to be members of the University of Illinois Police
Department. Members of the Police Department shall be peace
officers and as such have all powers possessed by policemen in
cities, and sheriffs, including the power to make arrests on
view or warrants of violations of state statutes and city or
county ordinances, except that they may exercise such powers
only in counties wherein the University and any of its branches
or properties are located when such is required for the
protection of university properties and interests, and its
students and personnel, and otherwise, within such counties,
when requested by appropriate state or local law enforcement
officials; provided, however, that such officer shall have no
power to serve and execute civil processes.
The Board of Trustees must authorize to each member of the
University of Illinois Police Department and to any other
employee of the University of Illinois exercising the powers of

a peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the University of
Illinois and (ii) contains a unique identifying number. No
other badge shall be authorized by the University of Illinois.
Nothing in this paragraph prohibits the Board of Trustees from
issuing shields or other distinctive identification to
employees not exercising the powers of a peace officer if the
Board of Trustees determines that a shield or distinctive
identification is needed by the employee to carry out his or
her responsibilities.
The Board of Trustees may own, operate, or govern, by or
through the College of Medicine at Peoria, a managed care
community network established under subsection (b) of Section
5-11 of the Illinois Public Aid Code.
The powers of the trustees as herein designated are subject
to the provisions of "An Act creating a Board of Higher
Education, defining its powers and duties, making an
appropriation therefor, and repealing an Act herein named",
approved August 22, 1961, as amended.
The Board of Trustees shall have the authority to adopt all
administrative rules which may be necessary for the effective
administration, enforcement and regulation of all matters for
which the Board has jurisdiction or responsibility.
(b) To assist in the provision of buildings and facilities
beneficial to, useful for, or supportive of University
purposes, the Board of Trustees of the University of Illinois

may exercise the following powers with regard to the area
located on or adjacent to the University of Illinois at Chicago
campus and bounded as follows: on the West by Morgan Street; on
the North by Roosevelt Road; on the East by Union Street; and
on the South by 16th Street, in the City of Chicago:
(1) Acquire any interests in land, buildings, or
facilities by purchase, including installments payable
over a period allowed by law, by lease over a term of such
duration as the Board of Trustees shall determine, or by
exercise of the power of eminent domain;
(2) Sub-lease or contract to purchase through
installments all or any portion of buildings or facilities
for such duration and on such terms as the Board of
Trustees shall determine, including a term that exceeds 5
years, provided that each such lease or purchase contract
shall be and shall recite that it is subject to termination
and cancellation in any year for which the General Assembly
fails to make an appropriation to pay the rent or purchase
installments payable under the terms of such lease or
purchase contract; and
(3) Sell property without compliance with the State
Property Control Act and retain proceeds in the University
Treasury in a special, separate development fund account
which the Auditor General shall examine to assure
compliance with this Act.
Any buildings or facilities to be developed on the land shall

be buildings or facilities that, in the determination of the
Board of Trustees, in whole or in part: (i) are for use by the
University; or (ii) otherwise advance the interests of the
University, including, by way of example, residential
facilities for University staff and students and commercial
facilities which provide services needed by the University
community. Revenues from the development fund account may be
withdrawn by the University for the purpose of demolition and
the processes associated with demolition; routine land and
property acquisition; extension of utilities; streetscape
work; landscape work; surface and structure parking;
sidewalks, recreational paths, and street construction; and
lease and lease purchase arrangements and the professional
services associated with the planning and development of the
area. Moneys from the development fund account used for any
other purpose must be deposited into and appropriated from the
General Revenue Fund. Buildings or facilities leased to an
entity or person other than the University shall not be subject
to any limitations applicable to a State supported college or
university under any law. All development on the land and all
use of any buildings or facilities shall be subject to the
control and approval of the Board of Trustees.
(c) The Board of Trustees shall have the power to borrow
money, as necessary, from time to time in anticipation of
receiving tuition, payments from the State of Illinois, or
other revenues or receipts of the University, also known as

anticipated moneys. The borrowing limit shall be capped at 100%
of the total amount of payroll and other expense vouchers
submitted and payable to the University for fiscal year 2010
expenses, but unpaid by at the State Comptroller's office.
Prior to borrowing any funds, the University shall request from
the Comptroller's office a verification of the borrowing limit
and shall include the estimated date on which such borrowing
shall occur. The borrowing limit cap shall be verified by the
State Comptroller's office not prior to 45 days before any
estimated date for executing any promissory note or line of
credit established under this subsection (c). The principal
amount borrowed under a promissory note or line of credit shall
not exceed 75% of the borrowing limit. Within 15 days after
borrowing funds under any promissory note or line of credit
established under this subsection (c), the University shall
submit to the Governor's Office of Management and Budget, the
Speaker of the House of Representatives, the Minority Leader of
the House of Representatives, the President of the Senate, and
the Minority Leader of the Senate, an Emergency Short Term Cash
Management Plan. The Emergency Short Term Cash Management Plan
shall outline the amount borrowed, the terms for repayment, the
amount of outstanding State vouchers as verified by the State
Comptroller's office, and the University's plan for
expenditure of any borrowed funds, including, but not limited
to, a detailed plan to meet payroll obligations to include
collective bargaining employees, civil service employees, and

academic, research, and health care personnel. The
establishment of any promissory note or line of credit
established under this subsection (c) must be finalized within
90 days after the effective date of this amendatory Act of the
96th General Assembly. The borrowed moneys shall be applied to
the purposes of paying salaries and other expenses lawfully
authorized in the University's State appropriation and unpaid
by the State Comptroller. Any line of credit established under
this subsection (c) shall be paid in full one year after
creation or within 10 days after the date the University
receives reimbursement from the State for all submitted fiscal
year 2010 vouchers, whichever is earlier. Any promissory note
established under this subsection (c) shall be repaid within
one year after issuance of the note. The Chairman, Comptroller,
or Treasurer of the Board shall execute a promissory note or
similar debt instrument to evidence the indebtedness incurred
by the borrowing. In connection with a borrowing, the Board may
establish a line of credit with a financial institution,
investment bank, or broker/dealer. The obligation to make the
payments due under any promissory note or line of credit
established under this subsection (c) shall be a lawful
obligation of the University payable from the anticipated
moneys. Any borrowing under this subsection (c) shall not
constitute a debt, legal or moral, of the State and shall not
be enforceable against the State. The promissory note or line
of credit shall be authorized by a resolution passed by the

Board and shall be valid whether or not a budgeted item with
respect to that resolution is included in any annual or
supplemental budget adopted by the Board. The resolution shall
set forth facts demonstrating the need for the borrowing, state
an amount that the amount to be borrowed will not exceed, and
establish a maximum interest rate limit not to exceed the
maximum rate authorized by the Bond Authorization Act or 9%,
whichever is less. The resolution may direct the Comptroller or
Treasurer of the Board to make arrangements to set apart and
hold the portion of the anticipated moneys, as received, that
shall be used to repay the borrowing, subject to any prior
pledges or restrictions with respect to the anticipated moneys.
The resolution may also authorize the Treasurer of the Board to
make partial repayments of the borrowing as the anticipated
moneys become available and may contain any other terms,
restrictions, or limitations not inconsistent with the powers
of the Board.
For the purposes of this subsection (c), "financial
institution" means any bank subject to the Illinois Banking
Act, any savings and loan association subject to the Illinois
Savings and Loan Act of 1985, and any federally chartered
commercial bank or savings and loan association or
government-sponsored enterprise organized and operated in this
State pursuant to the laws of the United States.
(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)

(110 ILCS 305/45)
Sec. 45. Buildings available for emergency purposes. The
Board of Trustees shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09; 96-1000, eff. 7-2-10.)
(110 ILCS 305/75)
Sec. 75 45. American Sign Language courses. The University
may award academic credit for the successful completion of any
American Sign Language course offered or approved by the
University, which may be applied toward the satisfaction of the
foreign language requirements of the University, except for
those requirements related to the content of a student's
academic major.
(Source: P.A. 96-843, eff. 6-1-10; revised 10-5-10.)
Section 215. The Southern Illinois University Management
Act is amended by changing Section 8 and by setting forth and
renumbering multiple versions of Section 30 as follows:

(110 ILCS 520/8) (from Ch. 144, par. 658)
Sec. 8. Powers and Duties of the Board. The Board shall
have power and it shall be its duty:
1. To make rules, regulations and by-laws, not
inconsistent with law, for the government and management of
Southern Illinois University and its branches. ;
2. To employ, and, for good cause, to remove a
president of Southern Illinois University, and all
necessary deans, professors, associate professors,
assistant professors, instructors, and other educational
and administrative assistants, and all other necessary
employees, and contract with them upon matters relating to
tenure, salaries and retirement benefits in accordance
with the State Universities Civil Service Act; the Board
shall, upon the written request of an employee of Southern
Illinois University, withhold from the compensation of
that employee any dues, payments or contributions payable
by such employee to any labor organization as defined in
the Illinois Educational Labor Relations Act. Under such
arrangement, an amount shall be withheld from each regular
payroll period which is equal to the pro rata share of the
annual dues plus any payments or contributions, and the
Board shall transmit such withholdings to the specified
labor organization within 10 working days from the time of
the withholding. Whenever the Board establishes a search

committee to fill the position of president of Southern
Illinois University, there shall be minority
representation, including women, on that search
committee. ;
3. To prescribe the course of study to be followed, and
textbooks and apparatus to be used at Southern Illinois
University. ;
4. To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed
the required studies of Southern Illinois University, and
confer such professional and literary degrees as are
usually conferred by other institutions of like character
for similar or equivalent courses of study, or such as the
Board may deem appropriate. ;
5. To examine into the conditions, management, and
administration of Southern Illinois University, to provide
the requisite buildings, apparatus, equipment and
auxiliary enterprises, and to fix and collect
matriculation fees; tuition fees; fees for student
activities; fees for student facilities such as student
union buildings or field houses or stadium or other
recreational facilities; student welfare fees; laboratory
fees and similar fees for supplies and material. ;
6. To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or
pertaining to Southern Illinois University. ;

7. To accept endowments of professorships or
departments in the University from any person who may
proffer them and, at regular meetings, to prescribe rules
and regulations in relation to endowments and declare on
what general principles they may be accepted. ;
8. To enter into contracts with the Federal government
for providing courses of instruction and other services at
Southern Illinois University for persons serving in or with
the military or naval forces of the United States, and to
provide such courses of instruction and other services. ;
9. To provide for the receipt and expenditures of
Federal funds, paid to the Southern Illinois University by
the Federal government for instruction and other services
for persons serving in or with the military or naval forces
of the United States and to provide for audits of such
funds. ;
10. To appoint, subject to the applicable civil service
law, persons to be members of the Southern Illinois
University Police Department. Members of the Police
Department shall be conservators of the peace and as such
have all powers possessed by policemen in cities, and
sheriffs, including the power to make arrests on view or
warrants of violations of state statutes, university rules
and regulations and city or county ordinances, except that
they may exercise such powers only within counties wherein
the university and any of its branches or properties are

located when such is required for the protection of
university properties and interests, and its students and
personnel, and otherwise, within such counties, when
requested by appropriate State or local law enforcement
officials. However, such officers shall have no power to
serve and execute civil processes.
The Board must authorize to each member of the Southern
Illinois University Police Department and to any other
employee of Southern Illinois University exercising the
powers of a peace officer a distinct badge that, on its
face, (i) clearly states that the badge is authorized by
Southern Illinois University and (ii) contains a unique
identifying number. No other badge shall be authorized by
Southern Illinois University.
10.5. To conduct health care programs in furtherance of
its teaching, research, and public service functions,
which shall include without limitation patient and
ancillary facilities, institutes, clinics, or offices
owned, leased, or purchased through an equity interest by
the Board or its appointed designee to carry out such
activities in the course of or in support of the Board's
academic, clinical, and public service responsibilities.
11. To administer a plan or plans established by the
clinical faculty of the School of Medicine for the billing,
collection and disbursement of charges for services
performed in the course of or in support of the faculty's

academic responsibilities, provided that such plan has
been first approved by Board action. All such collections
shall be deposited into a special fund or funds
administered by the Board from which disbursements may be
made according to the provisions of said plan. The
reasonable costs incurred, by the University,
administering the billing, collection and disbursement
provisions of a plan shall have first priority for payment
before distribution or disbursement for any other purpose.
Audited financial statements of the plan or plans must be
provided to the Legislative Audit Commission annually.
The Board of Trustees may own, operate, or govern, by
or through the School of Medicine, a managed care community
network established under subsection (b) of Section 5-11 of
the Illinois Public Aid Code.
12. The Board of Trustees may, directly or in
cooperation with other institutions of higher education,
acquire by purchase or lease or otherwise, and construct,
enlarge, improve, equip, complete, operate, control and
manage medical research and high technology parks,
together with the necessary lands, buildings, facilities,
equipment, and personal property therefor, to encourage
and facilitate (a) the location and development of business
and industry in the State of Illinois, and (b) the
increased application and development of technology and
(c) the improvement and development of the State's economy.

The Board of Trustees may lease to nonprofit corporations
all or any part of the land, buildings, facilities,
equipment or other property included in a medical research
and high technology park upon such terms and conditions as
the Board of Trustees may deem advisable and enter into any
contract or agreement with such nonprofit corporations as
may be necessary or suitable for the construction,
financing, operation and maintenance and management of any
such park; and may lease to any person, firm, partnership
or corporation, either public or private, any part or all
of the land, building, facilities, equipment or other
property of such park for such purposes and upon such
rentals, terms and conditions as the Board of Trustees may
deem advisable; and may finance all or part of the cost of
any such park, including the purchase, lease,
construction, reconstruction, improvement, remodeling,
addition to, and extension and maintenance of all or part
of such high technology park, and all equipment and
furnishings, by legislative appropriations, government
grants, contracts, private gifts, loans, receipts from the
operation of such high technology park, rentals and similar
receipts; and may make its other facilities and services
available to tenants or other occupants of any such park at
rates which are reasonable and appropriate.
13. To borrow money, as necessary, from time to time in
anticipation of receiving tuition, payments from the State

of Illinois, or other revenues or receipts of the
University, also known as anticipated moneys. The
borrowing limit shall be capped at 100% of the total amount
of payroll and other expense vouchers submitted and payable
to the University for fiscal year 2010 expenses, but unpaid
by at the State Comptroller's office. Prior to borrowing
any funds, the University shall request from the
Comptroller's office a verification of the borrowing limit
and shall include the estimated date on which such
borrowing shall occur. The borrowing limit cap shall be
verified by the State Comptroller's office not prior to 45
days before any estimated date for executing any promissory
note or line of credit established under this item 13. The
principal amount borrowed under a promissory note or line
of credit shall not exceed 75% of the borrowing limit.
Within 15 days after borrowing funds under any promissory
note or line of credit established under this item 13, the
University shall submit to the Governor's Office of
Management and Budget, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, and the
Minority Leader of the Senate, an Emergency Short Term Cash
Management Plan. The Emergency Short Term Cash Management
Plan shall outline the amount borrowed, the terms for
repayment, the amount of outstanding State vouchers as
verified by the State Comptroller's office, and the

University's plan for expenditure of any borrowed funds,
including, but not limited to, a detailed plan to meet
payroll obligations to include collective bargaining
employees, civil service employees, and academic,
research, and health care personnel. The establishment of
any promissory note or line of credit established under
this item 13 must be finalized within 90 days after the
effective date of this amendatory Act of the 96th General
Assembly. The borrowed moneys shall be applied to the
purposes of paying salaries and other expenses lawfully
authorized in the University's State appropriation and
unpaid by the State Comptroller. Any line of credit
established under this item 13 shall be paid in full one
year after creation or within 10 days after the date the
University receives reimbursement from the State for all
submitted fiscal year 2010 vouchers, whichever is earlier.
Any promissory note established under this item 13 shall be
repaid within one year after issuance of the note. The
Chairman, Comptroller, or Treasurer of the Board shall
execute a promissory note or similar debt instrument to
evidence the indebtedness incurred by the borrowing. In
connection with a borrowing, the Board may establish a line
of credit with a financial institution, investment bank, or
broker/dealer. The obligation to make the payments due
under any promissory note or line of credit established
under this item 13 shall be a lawful obligation of the

University payable from the anticipated moneys. Any
borrowing under this item 13 shall not constitute a debt,
legal or moral, of the State and shall not be enforceable
against the State. The promissory note or line of credit
shall be authorized by a resolution passed by the Board and
shall be valid whether or not a budgeted item with respect
to that resolution is included in any annual or
supplemental budget adopted by the Board. The resolution
shall set forth facts demonstrating the need for the
borrowing, state an amount that the amount to be borrowed
will not exceed, and establish a maximum interest rate
limit not to exceed the maximum rate authorized by the Bond
Authorization Act or 9%, whichever is less. The resolution
may direct the Comptroller or Treasurer of the Board to
make arrangements to set apart and hold the portion of the
anticipated moneys, as received, that shall be used to
repay the borrowing, subject to any prior pledges or
restrictions with respect to the anticipated moneys. The
resolution may also authorize the Treasurer of the Board to
make partial repayments of the borrowing as the anticipated
moneys become available and may contain any other terms,
restrictions, or limitations not inconsistent with the
powers of the Board.
For the purposes of this item 13, "financial
institution" means any bank subject to the Illinois Banking
Act, any savings and loan association subject to the

Illinois Savings and Loan Act of 1985, and any federally
chartered commercial bank or savings and loan association
or government-sponsored enterprise organized and operated
in this State pursuant to the laws of the United States.
The powers of the Board as herein designated are subject to
the Board of Higher Education Act.
(Source: P.A. 95-158, eff. 8-14-07; 95-876, eff. 8-21-08;
96-909, eff. 6-8-10; revised 6-15-10.)
(110 ILCS 520/30)
Sec. 30. Buildings available for emergency purposes. The
Board shall make mutually agreed buildings of the university
available for emergency purposes, upon the request of the
Illinois Emergency Management Agency, the State-accredited
emergency management agency with jurisdiction, or the American
Red Cross, and cooperate in all matters with the Illinois
Emergency Management Agency, local emergency management
agencies, State-certified, local public health departments,
the American Red Cross, and federal agencies concerned with
emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09; 96-1000, eff. 7-2-10.)
(110 ILCS 520/60)
Sec. 60 30. American Sign Language courses. The University
may award academic credit for the successful completion of any
American Sign Language course offered or approved by the

University, which may be applied toward the satisfaction of the
foreign language requirements of the University, except for
those requirements related to the content of a student's
academic major.
(Source: P.A. 96-843, eff. 6-1-10; revised 10-5-10.)
Section 220. The Chicago State University Law is amended by
changing Section 5-45 by setting forth and renumbering multiple
versions of Section 5-140 as follows:
(110 ILCS 660/5-45)
Sec. 5-45. Powers and duties. The Board also shall have
power and it shall be its duty:
(1) To make rules, regulations and bylaws, not inconsistent
with law, for the government and management of Chicago State
University and its branches;
(2) To employ, and, for good cause, to remove a President
of Chicago State University, and all necessary deans,
professors, associate professors, assistant professors,
instructors, other educational and administrative assistants,
and all other necessary employees, and to prescribe their
duties and contract with them upon matters relating to tenure,
salaries and retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board establishes
a search committee to fill the position of President of Chicago
State University, there shall be minority representation,

including women, on that search committee. The Board shall,
upon the written request of an employee of Chicago State
University, withhold from the compensation of that employee any
dues, payments or contributions payable by such employee to any
labor organization as defined in the Illinois Educational Labor
Relations Act. Under such arrangement, an amount shall be
withheld from each regular payroll period which is equal to the
pro rata share of the annual dues plus any payments or
contributions, and the Board shall transmit such withholdings
to the specified labor organization within 10 working days from
the time of the withholding;
(3) To prescribe the courses of study to be followed, and
textbooks and apparatus to be used at Chicago State University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Chicago State University, and confer such
professional and literary degrees as are usually conferred by
other institutions of like character for similar or equivalent
courses of study, or such as the Board may deem appropriate;
(5) To examine into the conditions, management, and
administration of Chicago State University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees; tuition
fees; fees for student activities; fees for student facilities
such as student union buildings or field houses or stadia or
other recreational facilities; student welfare fees;

laboratory fees; and similar fees for supplies and materials.
The expense of the building, improving, repairing and supplying
fuel and furniture and the necessary appliances and apparatus
for conducting Chicago State University, the reimbursed
expenses of members of the Board, and the salaries or
compensation of the President, assistants, agents and other
employees of Chicago State University, shall be a charge upon
the State Treasury. All other expenses shall be chargeable
against students, and the Board shall regulate the charges
accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining to
Chicago State University;
(7) To accept endowments of professorships or departments
in Chicago State University from any person who may proffer
them and, at regular meetings, to prescribe rules and
regulations in relation to endowments and declare on what
general principles they may be accepted;
(8) To enter into contracts with the Federal government for
providing courses of instruction and other services at Chicago
State University for persons serving in or with the military or
naval forces of the United States, and to provide such courses
of instruction and other services;
(9) To contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;

(10) To provide for the receipt and expenditures of Federal
funds paid to Chicago State University by the Federal
government for instruction and other services for persons
serving in or with the military or naval forces of the United
States, and to provide for audits of such funds;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Chicago State University
Police Department. Members of the Police Department shall be
conservators of the peace and as such have all powers possessed
by policemen in cities, and sheriffs, including the power to
make arrests on view or warrants of violations of State
statutes, University rules and regulations and city or county
ordinances, except that they may exercise such powers only
within counties wherein Chicago State University and any of its
branches or properties are located when such is required for
the protection of University properties and interests, and its
students and personnel, and otherwise, within such counties,
when requested by appropriate State or local law enforcement
officials. However, such officers shall have no power to serve
and execute civil processes.
The Board must authorize to each member of the Chicago
State University Police Department and to any other employee of
Chicago State University exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly states
that the badge is authorized by Chicago State University and
(ii) contains a unique identifying number on its face. No other

badge shall be authorized by Chicago State University;
(12) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of Illinois,
and (ii) the increased application and development of
technology, and (iii) the improvement and development of the
State's economy. The Board may lease to nonprofit corporations
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the
construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,
partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may
finance all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all

or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government grants,
contracts, private gifts, loans, receipts from the operation of
such high technology park, rentals and similar receipts; and
may make its other facilities and services available to tenants
or other occupants of any such park at rates which are
reasonable and appropriate;
(13) To borrow money, as necessary, from time to time in
anticipation of receiving tuition, payments from the State of
Illinois, or other revenues or receipts of the University, also
known as anticipated moneys. The borrowing limit shall be
capped at 100% of the total amount of payroll and other expense
vouchers submitted and payable to the University for fiscal
year 2010 expenses, but unpaid by at the State Comptroller's
office. Prior to borrowing any funds, the University shall
request from the Comptroller's office a verification of the
borrowing limit and shall include the estimated date on which
such borrowing shall occur. The borrowing limit cap shall be
verified by the State Comptroller's office not prior to 45 days
before any estimated date for executing any promissory note or
line of credit established under this item (13). The principal
amount borrowed under a promissory note or line of credit shall
not exceed 75% of the borrowing limit. Within 15 days after
borrowing funds under any promissory note or line of credit
established under this item (13), the University shall submit
to the Governor's Office of Management and Budget, the Speaker

of the House of Representatives, the Minority Leader of the
House of Representatives, the President of the Senate, and the
Minority Leader of the Senate, an Emergency Short Term Cash
Management Plan. The Emergency Short Term Cash Management Plan
shall outline the amount borrowed, the terms for repayment, the
amount of outstanding State vouchers as verified by the State
Comptroller's office, and the University's plan for
expenditure of any borrowed funds, including, but not limited
to, a detailed plan to meet payroll obligations to include
collective bargaining employees, civil service employees, and
academic, research, and health care personnel. The
establishment of any promissory note or line of credit
established under this item (13) must be finalized within 90
days after the effective date of this amendatory Act of the
96th General Assembly. The borrowed moneys shall be applied to
the purposes of paying salaries and other expenses lawfully
authorized in the University's State appropriation and unpaid
by the State Comptroller. Any line of credit established under
this item (13) shall be paid in full one year after creation or
within 10 days after the date the University receives
reimbursement from the State for all submitted fiscal year 2010
vouchers, whichever is earlier. Any promissory note
established under this item (13) shall be repaid within one
year after issuance of the note. The Chairman, Comptroller, or
Treasurer of the Board shall execute a promissory note or
similar debt instrument to evidence the indebtedness incurred

by the borrowing. In connection with a borrowing, the Board may
establish a line of credit with a financial institution,
investment bank, or broker/dealer. The obligation to make the
payments due under any promissory note or line of credit
established under this item (13) shall be a lawful obligation
of the University payable from the anticipated moneys. Any
borrowing under this item (13) shall not constitute a debt,
legal or moral, of the State and shall not be enforceable
against the State. The promissory note or line of credit shall
be authorized by a resolution passed by the Board and shall be
valid whether or not a budgeted item with respect to that
resolution is included in any annual or supplemental budget
adopted by the Board. The resolution shall set forth facts
demonstrating the need for the borrowing, state an amount that
the amount to be borrowed will not exceed, and establish a
maximum interest rate limit not to exceed the maximum rate
authorized by the Bond Authorization Act or 9%, whichever is
less. The resolution may direct the Comptroller or Treasurer of
the Board to make arrangements to set apart and hold the
portion of the anticipated moneys, as received, that shall be
used to repay the borrowing, subject to any prior pledges or
restrictions with respect to the anticipated moneys. The
resolution may also authorize the Treasurer of the Board to
make partial repayments of the borrowing as the anticipated
moneys become available and may contain any other terms,
restrictions, or limitations not inconsistent with the powers

of the Board.
For the purposes of this item (13), "financial institution"
means any bank subject to the Illinois Banking Act, any savings
and loan association subject to the Illinois Savings and Loan
Act of 1985, and any federally chartered commercial bank or
savings and loan association or government-sponsored
enterprise organized and operated in this State pursuant to the
laws of the United States.
(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
(110 ILCS 660/5-140)
Sec. 5-140. Buildings available for emergency purposes.
The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09; 96-1000, eff. 7-2-10.)
(110 ILCS 660/5-170)
Sec. 5-170 5-140. American Sign Language courses. The
University may award academic credit for the successful

completion of any American Sign Language course offered or
approved by the University, which may be applied toward the
satisfaction of the foreign language requirements of the
University, except for those requirements related to the
content of a student's academic major.
(Source: P.A. 96-843, eff. 6-1-10; revised 10-5-10.)
Section 225. The Eastern Illinois University Law is amended
by changing Section 10-45 and by setting forth and renumbering
multiple versions of Section 10-140 as follows:
(110 ILCS 665/10-45)
Sec. 10-45. Powers and duties.
(a) The Board also shall have power and it shall be its
duty:
(1) To make rules, regulations and bylaws, not
inconsistent with law, for the government and management of
Eastern Illinois University and its branches.
(2) To employ, and, for good cause, to remove a
President of Eastern Illinois University, and all
necessary deans, professors, associate professors,
assistant professors, instructors, other educational and
administrative assistants, and all other necessary
employees, and to prescribe their duties and contract with
them upon matters relating to tenure, salaries and
retirement benefits in accordance with the State

Universities Civil Service Act. Whenever the Board
establishes a search committee to fill the position of
President of Eastern Illinois University, there shall be
minority representation, including women, on that search
committee. The Board shall, upon the written request of an
employee of Eastern Illinois University, withhold from the
compensation of that employee any dues, payments or
contributions payable by such employee to any labor
organization as defined in the Illinois Educational Labor
Relations Act. Under such arrangement, an amount shall be
withheld from each regular payroll period which is equal to
the pro rata share of the annual dues plus any payments or
contributions, and the Board shall transmit such
withholdings to the specified labor organization within 10
working days from the time of the withholding.
(3) To prescribe the courses of study to be followed,
and textbooks and apparatus to be used at Eastern Illinois
University.
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed
the required studies of Eastern Illinois University, and
confer such professional and literary degrees as are
usually conferred by other institutions of like character
for similar or equivalent courses of study, or such as the
Board may deem appropriate.
(5) To examine into the conditions, management, and

administration of Eastern Illinois University, to provide
the requisite buildings, apparatus, equipment and
auxiliary enterprises, and to fix and collect
matriculation fees; tuition fees; fees for student
activities; fees for student facilities such as student
union buildings or field houses or stadia or other
recreational facilities; student welfare fees; laboratory
fees; and similar fees for supplies and materials. The
expense of the building, improving, repairing and
supplying fuel and furniture and the necessary appliances
and apparatus for conducting Eastern Illinois University,
the reimbursed expenses of members of the Board, and the
salaries or compensation of the President, assistants,
agents and other employees of Eastern Illinois University,
shall be a charge upon the State Treasury. All other
expenses shall be chargeable against students, and the
Board shall regulate the charges accordingly.
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or
pertaining to Eastern Illinois University.
(7) To accept endowments of professorships or
departments in Eastern Illinois University from any person
who may proffer them and, at regular meetings, to prescribe
rules and regulations in relation to endowments and declare
on what general principles they may be accepted.
(8) To enter into contracts with the Federal government

for providing courses of instruction and other services at
Eastern Illinois University for persons serving in or with
the military or naval forces of the United States, and to
provide such courses of instruction and other services.
(9) To contract with respect to the Cooperative
Computer Center to obtain services related to electronic
data processing.
(10) To provide for the receipt and expenditures of
Federal funds paid to Eastern Illinois University by the
Federal government for instruction and other services for
persons serving in or with the military or naval forces of
the United States, and to provide for audits of such funds.
(11) To appoint, subject to the applicable civil
service law, persons to be members of the Eastern Illinois
University Police Department. Members of the Police
Department shall be conservators of the peace and as such
have all powers possessed by policemen in cities, and
sheriffs, including the power to make arrests on view or
warrants of violations of State statutes, University rules
and regulations and city or county ordinances, except that
they may exercise such powers only within counties wherein
Eastern Illinois University and any of its branches or
properties are located when such is required for the
protection of University properties and interests, and its
students and personnel, and otherwise, within such
counties, when requested by appropriate State or local law

enforcement officials. However, such officers shall have
no power to serve and execute civil processes.
The Board must authorize to each member of the Eastern
Illinois University Police Department and to any other
employee of Eastern Illinois University exercising the
powers of a peace officer a distinct badge that, on its
face, (i) clearly states that the badge is authorized by
Eastern Illinois University and (ii) contains a unique
identifying number. No other badge shall be authorized by
Eastern Illinois University.
(12) To borrow money, as necessary, from time to time
in anticipation of receiving tuition, payments from the
State of Illinois, or other revenues or receipts of the
University, also known as anticipated moneys. The
borrowing limit shall be capped at 100% of the total amount
of payroll and other expense vouchers submitted and payable
to the University for fiscal year 2010 expenses, but unpaid
by at the State Comptroller's office. Prior to borrowing
any funds, the University shall request from the
Comptroller's office a verification of the borrowing limit
and shall include the estimated date on which such
borrowing shall occur. The borrowing limit cap shall be
verified by the State Comptroller's office not prior to 45
days before any estimated date for executing any promissory
note or line of credit established under this item (12).
The principal amount borrowed under a promissory note or

line of credit shall not exceed 75% of the borrowing limit.
Within 15 days after borrowing funds under any promissory
note or line of credit established under this item (12),
the University shall submit to the Governor's Office of
Management and Budget, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, and the
Minority Leader of the Senate, an Emergency Short Term Cash
Management Plan. The Emergency Short Term Cash Management
Plan shall outline the amount borrowed, the terms for
repayment, the amount of outstanding State vouchers as
verified by the State Comptroller's office, and the
University's plan for expenditure of any borrowed funds,
including, but not limited to, a detailed plan to meet
payroll obligations to include collective bargaining
employees, civil service employees, and academic,
research, and health care personnel. The establishment of
any promissory note or line of credit established under
this item (12) must be finalized within 90 days after the
effective date of this amendatory Act of the 96th General
Assembly. The borrowed moneys shall be applied to the
purposes of paying salaries and other expenses lawfully
authorized in the University's State appropriation and
unpaid by the State Comptroller. Any line of credit
established under this item (12) shall be paid in full one
year after creation or within 10 days after the date the

University receives reimbursement from the State for all
submitted fiscal year 2010 vouchers, whichever is earlier.
Any promissory note established under this item (12) shall
be repaid within one year after issuance of the note. The
Chairman, Comptroller, or Treasurer of the Board shall
execute a promissory note or similar debt instrument to
evidence the indebtedness incurred by the borrowing. In
connection with a borrowing, the Board may establish a line
of credit with a financial institution, investment bank, or
broker/dealer. The obligation to make the payments due
under any promissory note or line of credit established
under this item (12) shall be a lawful obligation of the
University payable from the anticipated moneys. Any
borrowing under this item (12) shall not constitute a debt,
legal or moral, of the State and shall not be enforceable
against the State. The promissory note or line of credit
shall be authorized by a resolution passed by the Board and
shall be valid whether or not a budgeted item with respect
to that resolution is included in any annual or
supplemental budget adopted by the Board. The resolution
shall set forth facts demonstrating the need for the
borrowing, state an amount that the amount to be borrowed
will not exceed, and establish a maximum interest rate
limit not to exceed the maximum rate authorized by the Bond
Authorization Act or 9%, whichever is less. The resolution
may direct the Comptroller or Treasurer of the Board to

make arrangements to set apart and hold the portion of the
anticipated moneys, as received, that shall be used to
repay the borrowing, subject to any prior pledges or
restrictions with respect to the anticipated moneys. The
resolution may also authorize the Treasurer of the Board to
make partial repayments of the borrowing as the anticipated
moneys become available and may contain any other terms,
restrictions, or limitations not inconsistent with the
powers of the Board.
For the purposes of this item (12), "financial
institution" means any bank subject to the Illinois Banking
Act, any savings and loan association subject to the
Illinois Savings and Loan Act of 1985, and any federally
chartered commercial bank or savings and loan association
or government-sponsored enterprise organized and operated
in this State pursuant to the laws of the United States.
(b) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of Illinois,
and (ii) the increased application and development of
technology, and (iii) the improvement and development of the

State's economy. The Board may lease to nonprofit corporations
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the
construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,
partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may
finance all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government grants,
contracts, private gifts, loans, receipts from the operation of
such high technology park, rentals and similar receipts; and
may make its other facilities and services available to tenants
or other occupants of any such park at rates which are
reasonable and appropriate.
(c) The Board may sell the following described property
without compliance with the State Property Control Act and
retain the proceeds in the University treasury in a special,
separate development fund account that the Auditor General

shall examine to assure compliance with this Law:
Lots 511 and 512 in Heritage Woods V, Charleston, Coles
County, Illinois.
Revenues from the development fund account may be withdrawn by
the University for the purpose of upgrading the on-campus
formal reception facility. Moneys from the development fund
account used for any other purpose must be deposited into and
appropriated from the General Revenue Fund.
(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
(110 ILCS 665/10-140)
Sec. 10-140. Buildings available for emergency purposes.
The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09; 96-1000, eff. 7-2-10.)
(110 ILCS 665/10-170)
Sec. 10-170 10-140. American Sign Language courses. The
University may award academic credit for the successful

completion of any American Sign Language course offered or
approved by the University, which may be applied toward the
satisfaction of the foreign language requirements of the
University, except for those requirements related to the
content of a student's academic major.
(Source: P.A. 96-843, eff. 6-1-10; revised 10-5-10.)
Section 230. The Governors State University Law is amended
by changing Section 15-45 and by setting forth and renumbering
multiple versions of Section 15-140 as follows:
(110 ILCS 670/15-45)
Sec. 15-45. Powers and duties. The Board also shall have
power and it shall be its duty:
(1) To make rules, regulations and bylaws, not inconsistent
with law, for the government and management of Governors State
University and its branches;
(2) To employ, and, for good cause, to remove a President
of Governors State University, and all necessary deans,
professors, associate professors, assistant professors,
instructors, other educational and administrative assistants,
and all other necessary employees, and to prescribe their
duties and contract with them upon matters relating to tenure,
salaries and retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board establishes
a search committee to fill the position of President of

Governors State University, there shall be minority
representation, including women, on that search committee. The
Board shall, upon the written request of an employee of
Governors State University, withhold from the compensation of
that employee any dues, payments or contributions payable by
such employee to any labor organization as defined in the
Illinois Educational Labor Relations Act. Under such
arrangement, an amount shall be withheld from each regular
payroll period which is equal to the pro rata share of the
annual dues plus any payments or contributions, and the Board
shall transmit such withholdings to the specified labor
organization within 10 working days from the time of the
withholding;
(3) To prescribe the courses of study to be followed, and
textbooks and apparatus to be used at Governors State
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Governors State University, and confer such
professional and literary degrees as are usually conferred by
other institutions of like character for similar or equivalent
courses of study, or such as the Board may deem appropriate;
(5) To examine into the conditions, management, and
administration of Governors State University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees; tuition

fees; fees for student activities; fees for student facilities
such as student union buildings or field houses or stadia or
other recreational facilities; student welfare fees;
laboratory fees; and similar fees for supplies and materials.
The expense of the building, improving, repairing and supplying
fuel and furniture and the necessary appliances and apparatus
for conducting Governors State University, the reimbursed
expenses of members of the Board, and the salaries or
compensation of the President, assistants, agents and other
employees of Governors State University, shall be a charge upon
the State Treasury. All other expenses shall be chargeable
against students, and the Board shall regulate the charges
accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining to
Governors State University;
(7) To accept endowments of professorships or departments
in Governors State University from any person who may proffer
them and, at regular meetings, to prescribe rules and
regulations in relation to endowments and declare on what
general principles they may be accepted;
(8) To enter into contracts with the Federal government for
providing courses of instruction and other services at
Governors State University for persons serving in or with the
military or naval forces of the United States, and to provide
such courses of instruction and other services;

(9) To operate, maintain, and contract with respect to the
Cooperative Computer Center for its own purposes and to provide
services related to electronic data processing to other public
and private colleges and universities, to governmental
agencies, and to public or private not-for-profit agencies; and
to examine the conditions, management, and administration of
the Cooperative Computer Center;
(10) To provide for the receipt and expenditures of Federal
funds paid to Governors State University by the Federal
government for instruction and other services for persons
serving in or with the military or naval forces of the United
States, and to provide for audits of such funds;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Governors State University
Police Department. Members of the Police Department shall be
conservators of the peace and as such have all powers possessed
by policemen in cities, and sheriffs, including the power to
make arrests on view or warrants of violations of State
statutes, University rules and regulations and city or county
ordinances, except that they may exercise such powers only
within counties wherein Governors State University and any of
its branches or properties are located when such is required
for the protection of University properties and interests, and
its students and personnel, and otherwise, within such
counties, when requested by appropriate State or local law
enforcement officials. However, such officers shall have no

power to serve and execute civil processes.
The Board must authorize to each member of the Governors
State University Police Department and to any other employee of
Governors State University exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly states
that the badge is authorized by Governors State University and
(ii) contains a unique identifying number. No other badge shall
be authorized by Governors State University;
(12) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of Illinois,
and (ii) the increased application and development of
technology, and (iii) the improvement and development of the
State's economy. The Board may lease to nonprofit corporations
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the
construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,

partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may
finance all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government grants,
contracts, private gifts, loans, receipts from the operation of
such high technology park, rentals and similar receipts; and
may make its other facilities and services available to tenants
or other occupants of any such park at rates which are
reasonable and appropriate;
(13) To borrow money, as necessary, from time to time in
anticipation of receiving tuition, payments from the State of
Illinois, or other revenues or receipts of the University, also
known as anticipated moneys. The borrowing limit shall be
capped at 100% of the total amount of payroll and other expense
vouchers submitted and payable to the University for fiscal
year 2010 expenses, but unpaid by at the State Comptroller's
office. Prior to borrowing any funds, the University shall
request from the Comptroller's office a verification of the
borrowing limit and shall include the estimated date on which
such borrowing shall occur. The borrowing limit cap shall be
verified by the State Comptroller's office not prior to 45 days

before any estimated date for executing any promissory note or
line of credit established under this item (13). The principal
amount borrowed under a promissory note or line of credit shall
not exceed 75% of the borrowing limit. Within 15 days after
borrowing funds under any promissory note or line of credit
established under this item (13), the University shall submit
to the Governor's Office of Management and Budget, the Speaker
of the House of Representatives, the Minority Leader of the
House of Representatives, the President of the Senate, and the
Minority Leader of the Senate, an Emergency Short Term Cash
Management Plan. The Emergency Short Term Cash Management Plan
shall outline the amount borrowed, the terms for repayment, the
amount of outstanding State vouchers as verified by the State
Comptroller's office, and the University's plan for
expenditure of any borrowed funds, including, but not limited
to, a detailed plan to meet payroll obligations for all
collective bargaining employees, civil service employees, and
academic, research, and health care personnel. The
establishment of any promissory note or line of credit
established under this item (13) must be finalized within 90
days after the effective date of this amendatory Act of the
96th General Assembly. The borrowed moneys shall be applied to
the purposes of paying salaries and other expenses lawfully
authorized in the University's State appropriation and unpaid
by the State Comptroller. Any line of credit established under
this item (13) shall be paid in full one year after creation or

on such date as the University receives reimbursement from the
State for all submitted fiscal year 2010 vouchers, whichever is
earlier. Any promissory note established under this item (13)
shall be repaid within one year after issuance of the note. The
Chairman, Comptroller, or Treasurer of the Board shall execute
a promissory note or similar debt instrument to evidence the
indebtedness incurred by the borrowing. In connection with a
borrowing, the Board may establish a line of credit with a
financial institution, investment bank, or broker/dealer. The
obligation to make the payments due under any promissory note
or line of credit established under this item (13) shall be a
lawful obligation of the University payable from the
anticipated moneys. Any borrowing under this item (13) shall
not constitute a debt, legal or moral, of the State and shall
not be enforceable against the State. The line of credit shall
be authorized by a resolution passed by the Board and shall be
valid whether or not a budgeted item with respect to that
resolution is included in any annual or supplemental budget
adopted by the Board. The resolution shall set forth facts
demonstrating the need for the borrowing, state an amount that
the amount to be borrowed will not exceed, and establish a
maximum interest rate limit not to exceed the maximum rate
authorized by the Bond Authorization Act or 9%, whichever is
less. The resolution may direct the Comptroller or Treasurer of
the Board to make arrangements to set apart and hold the
portion of the anticipated moneys, as received, that shall be

used to repay the borrowing, subject to any prior pledges or
restrictions with respect to the anticipated moneys. The
resolution may also authorize the Treasurer of the Board to
make partial repayments of the borrowing as the anticipated
moneys become available and may contain any other terms,
restrictions, or limitations not inconsistent with the powers
of the Board.
For the purposes of this item (13), "financial institution"
means any bank subject to the Illinois Banking Act, any savings
and loan association subject to the Illinois Savings and Loan
Act of 1985, and any federally chartered commercial bank or
savings and loan association or government-sponsored
enterprise organized and operated in this State pursuant to the
laws of the United States.
(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
(110 ILCS 670/15-140)
Sec. 15-140. Buildings available for emergency purposes.
The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal

agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09; 96-1000, eff. 7-2-10.)
(110 ILCS 670/15-170)
Sec. 15-170 15-140. American Sign Language courses. The
University may award academic credit for the successful
completion of any American Sign Language course offered or
approved by the University, which may be applied toward the
satisfaction of the foreign language requirements of the
University, except for those requirements related to the
content of a student's academic major.
(Source: P.A. 96-843, eff. 6-1-10; revised 10-5-10.)
Section 235. The Illinois State University Law is amended
by changing Section 20-45 and by setting forth and renumbering
multiple versions of Section 20-145 as follows:
(110 ILCS 675/20-45)
Sec. 20-45. Powers and duties. The Board also shall have
power and it shall be its duty:
(1) To make rules, regulations and bylaws, not inconsistent
with law, for the government and management of Illinois State
University and its branches;
(2) To employ, and, for good cause, to remove a President
of Illinois State University, and all necessary deans,
professors, associate professors, assistant professors,

instructors, other educational and administrative assistants,
and all other necessary employees, and to prescribe their
duties and contract with them upon matters relating to tenure,
salaries and retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board establishes
a search committee to fill the position of President of
Illinois State University, there shall be minority
representation, including women, on that search committee. The
Board shall, upon the written request of an employee of
Illinois State University, withhold from the compensation of
that employee any dues, payments or contributions payable by
such employee to any labor organization as defined in the
Illinois Educational Labor Relations Act. Under such
arrangement, an amount shall be withheld from each regular
payroll period which is equal to the pro rata share of the
annual dues plus any payments or contributions, and the Board
shall transmit such withholdings to the specified labor
organization within 10 working days from the time of the
withholding;
(3) To prescribe the courses of study to be followed, and
textbooks and apparatus to be used at Illinois State
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Illinois State University, and confer such
professional and literary degrees as are usually conferred by

other institutions of like character for similar or equivalent
courses of study, or such as the Board may deem appropriate;
(5) To examine into the conditions, management, and
administration of Illinois State University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees; tuition
fees; fees for student activities; fees for student facilities
such as student union buildings or field houses or stadia or
other recreational facilities; student welfare fees;
laboratory fees; and similar fees for supplies and materials.
The expense of the building, improving, repairing and supplying
fuel and furniture and the necessary appliances and apparatus
for conducting Illinois State University, the reimbursed
expenses of members of the Board, and the salaries or
compensation of the President, assistants, agents and other
employees of Illinois State University, shall be a charge upon
the State Treasury. All other expenses shall be chargeable
against students, and the Board shall regulate the charges
accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining to
Illinois State University;
(7) To accept endowments of professorships or departments
in Illinois State University from any person who may proffer
them and, at regular meetings, to prescribe rules and
regulations in relation to endowments and declare on what

general principles they may be accepted;
(8) To enter into contracts with the Federal government for
providing courses of instruction and other services at Illinois
State University for persons serving in or with the military or
naval forces of the United States, and to provide such courses
of instruction and other services;
(9) To contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of Federal
funds paid to Illinois State University by the Federal
government for instruction and other services for persons
serving in or with the military or naval forces of the United
States, and to provide for audits of such funds;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Illinois State University
Police Department. Members of the Police Department shall be
conservators of the peace and as such have all powers possessed
by policemen in cities, and sheriffs, including the power to
make arrests on view or warrants of violations of State
statutes, University rules and regulations and city or county
ordinances, except that they may exercise such powers only
within counties wherein Illinois State University and any of
its branches or properties are located when such is required
for the protection of University properties and interests, and
its students and personnel, and otherwise, within such

counties, when requested by appropriate State or local law
enforcement officials. However, such officers shall have no
power to serve and execute civil processes.
The Board must authorize to each member of the Illinois
State University Police Department and to any other employee of
Illinois State University exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly states
that the badge is authorized by Illinois State University and
(ii) contains a unique identifying number. No other badge shall
be authorized by Illinois State University;
(12) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of Illinois,
and (ii) the increased application and development of
technology, and (iii) the improvement and development of the
State's economy. The Board may lease to nonprofit corporations
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the

construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,
partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may
finance all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government grants,
contracts, private gifts, loans, receipts from the operation of
such high technology park, rentals and similar receipts; and
may make its other facilities and services available to tenants
or other occupants of any such park at rates which are
reasonable and appropriate;
(13) To assist in the provision of lands, buildings, and
facilities that are supportive of university purposes and
suitable and appropriate for the conduct and operation of the
university's education programs, the Board of Trustees of
Illinois State University may exercise the powers specified in
subparagraphs (a), (b), and (c) of this paragraph (13) with
regard to the following described property located near the
Normal, Illinois campus of Illinois State University:
Parcel 1: Approximately 300 acres that form a part of the
Illinois State University Farm in Section 20, Township 24

North, Range 2 East of the Third Principal Meridian in
McLean County, Illinois.
Parcels 2 and 3: Lands located in the Northeast Quadrant of
the City of Normal in McLean County, Illinois, one such
parcel consisting of approximately 150 acres located north
and east of the old Illinois Soldiers and Sailors
Children's School campus, and another such parcel, located
in the Northeast Quadrant of the old Soldiers and Sailors
Children's School Campus, consisting of approximately
1.03.
(a) The Board of Trustees may sell, lease, or otherwise
transfer and convey all or part of the above described
parcels of real estate, together with the improvements
situated thereon, to a bona fide purchaser for value,
without compliance with the State Property Control Act and
on such terms as the Board of Trustees shall determine are
in the best interests of Illinois State University and
consistent with its objects and purposes.
(b) The Board of Trustees may retain the proceeds from
the sale, lease, or other transfer of all or any part of
the above described parcels of real estate in the
University treasury, in a special, separate development
fund account that the Auditor General shall examine to
assure the use or deposit of those proceeds in a manner
consistent with the provisions of subparagraph (c) of this
paragraph (13).

(c) Moneys from the development fund account may be
used by the Board of Trustees of Illinois State University
to acquire and develop other land to achieve the same
purposes for which the parcels of real estate described in
this item (13), all or a part of which have been sold,
leased, or otherwise transferred and conveyed, were used
and for the purpose of demolition and the processes
associated with demolition on the acquired land. Moneys
from the development fund account used for any other
purpose must be deposited into and appropriated from the
General Revenue Fund. Buildings or facilities leased to an
entity or person other than the University shall not be
subject to any limitations applicable to a State-supported
college or university under any law. All development on the
land and all the use of any buildings or facilities shall
be subject to the control and approval of the Board of
Trustees of Illinois State University;
(14) To borrow money, as necessary, from time to time in
anticipation of receiving tuition, payments from the State of
Illinois, or other revenues or receipts of the University, also
known as anticipated moneys. The borrowing limit shall be
capped at 100% of the total amount of payroll and other expense
vouchers submitted and payable to the University for fiscal
year 2010 expenses, but unpaid by at the State Comptroller's
office. Prior to borrowing any funds, the University shall
request from the Comptroller's office a verification of the

borrowing limit and shall include the estimated date on which
such borrowing shall occur. The borrowing limit cap shall be
verified by the State Comptroller's office not prior to 45 days
before any estimated date for executing any promissory note or
line of credit established under this item (14). The principal
amount borrowed under a promissory note or line of credit shall
not exceed 75% of the borrowing limit. Within 15 days after
borrowing funds under any promissory note or line of credit
established under this item (14), the University shall submit
to the Governor's Office of Management and Budget, the Speaker
of the House of Representatives, the Minority Leader of the
House of Representatives, the President of the Senate, and the
Minority Leader of the Senate, an Emergency Short Term Cash
Management Plan. The Emergency Short Term Cash Management Plan
shall outline the amount borrowed, the terms for repayment, the
amount of outstanding State vouchers as verified by the State
Comptroller's office, and the University's plan for
expenditure of any borrowed funds, including, but not limited
to, a detailed plan to meet payroll obligations to include
collective bargaining employees, civil service employees, and
academic, research, and health care personnel. The
establishment of any promissory note or line of credit
established under this item (14) must be finalized within 90
days after the effective date of this amendatory Act of the
96th General Assembly. The borrowed moneys shall be applied to
the purposes of paying salaries and other expenses lawfully

authorized in the University's State appropriation and unpaid
by the State Comptroller. Any line of credit established under
this item (14) shall be paid in full one year after creation or
within 10 days after the date the University receives
reimbursement from the State for all submitted fiscal year 2010
vouchers, whichever is earlier. Any promissory note
established under this item (14) shall be repaid within one
year after issuance of the note. The Chairman, Comptroller, or
Treasurer of the Board shall execute a promissory note or
similar debt instrument to evidence the indebtedness incurred
by the borrowing. In connection with a borrowing, the Board may
establish a line of credit with a financial institution,
investment bank, or broker/dealer. The obligation to make the
payments due under any promissory note or line of credit
established under this item (14) shall be a lawful obligation
of the University payable from the anticipated moneys. Any
borrowing under this item (14) shall not constitute a debt,
legal or moral, of the State and shall not be enforceable
against the State. The promissory note or line of credit shall
be authorized by a resolution passed by the Board and shall be
valid whether or not a budgeted item with respect to that
resolution is included in any annual or supplemental budget
adopted by the Board. The resolution shall set forth facts
demonstrating the need for the borrowing, state an amount that
the amount to be borrowed will not exceed, and establish a
maximum interest rate limit not to exceed the maximum rate

authorized by the Bond Authorization Act or 9%, whichever is
less. The resolution may direct the Comptroller or Treasurer of
the Board to make arrangements to set apart and hold the
portion of the anticipated moneys, as received, that shall be
used to repay the borrowing, subject to any prior pledges or
restrictions with respect to the anticipated moneys. The
resolution may also authorize the Treasurer of the Board to
make partial repayments of the borrowing as the anticipated
moneys become available and may contain any other terms,
restrictions, or limitations not inconsistent with the powers
of the Board.
For the purposes of this item (14), "financial institution"
means any bank subject to the Illinois Banking Act, any savings
and loan association subject to the Illinois Savings and Loan
Act of 1985, and any federally chartered commercial bank or
savings and loan association or government-sponsored
enterprise organized and operated in this State pursuant to the
laws of the United States.
(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
(110 ILCS 675/20-145)
Sec. 20-145. Buildings available for emergency purposes.
The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with

jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09; 96-1000, eff. 7-2-10.)
(110 ILCS 675/20-175)
Sec. 20-175 20-145. American Sign Language courses. The
University may award academic credit for the successful
completion of any American Sign Language course offered or
approved by the University, which may be applied toward the
satisfaction of the foreign language requirements of the
University, except for those requirements related to the
content of a student's academic major.
(Source: P.A. 96-843, eff. 6-1-10; revised 1-9-10.)
Section 240. The Northeastern Illinois University Law is
amended by changing Section 25-45 and by setting forth and
renumbering multiple versions of Section 25-140 as follows:
(110 ILCS 680/25-45)
Sec. 25-45. Powers and duties. The Board also shall have
power and it shall be its duty:
(1) To make rules, regulations and bylaws, not inconsistent
with law, for the government and management of Northeastern

Illinois University and its branches;
(2) To employ, and, for good cause, to remove a President
of Northeastern Illinois University, and all necessary deans,
professors, associate professors, assistant professors,
instructors, other educational and administrative assistants,
and all other necessary employees, and to prescribe their
duties and contract with them upon matters relating to tenure,
salaries and retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board establishes
a search committee to fill the position of President of
Northeastern Illinois University, there shall be minority
representation, including women, on that search committee. The
Board shall, upon the written request of an employee of
Northeastern Illinois University, withhold from the
compensation of that employee any dues, payments or
contributions payable by such employee to any labor
organization as defined in the Illinois Educational Labor
Relations Act. Under such arrangement, an amount shall be
withheld from each regular payroll period which is equal to the
pro rata share of the annual dues plus any payments or
contributions, and the Board shall transmit such withholdings
to the specified labor organization within 10 working days from
the time of the withholding;
(3) To prescribe the courses of study to be followed, and
textbooks and apparatus to be used at Northeastern Illinois
University;

(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Northeastern Illinois University, and
confer such professional and literary degrees as are usually
conferred by other institutions of like character for similar
or equivalent courses of study, or such as the Board may deem
appropriate;
(5) To examine into the conditions, management, and
administration of Northeastern Illinois University, to provide
the requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees; tuition
fees; fees for student activities; fees for student facilities
such as student union buildings or field houses or stadia or
other recreational facilities; student welfare fees;
laboratory fees; and similar fees for supplies and materials.
The expense of the building, improving, repairing and supplying
fuel and furniture and the necessary appliances and apparatus
for conducting Northeastern Illinois University, the
reimbursed expenses of members of the Board, and the salaries
or compensation of the President, assistants, agents and other
employees of Northeastern Illinois University, shall be a
charge upon the State Treasury. All other expenses shall be
chargeable against students, and the Board shall regulate the
charges accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining to

Northeastern Illinois University;
(7) To accept endowments of professorships or departments
in Northeastern Illinois University from any person who may
proffer them and, at regular meetings, to prescribe rules and
regulations in relation to endowments and declare on what
general principles they may be accepted;
(8) To enter into contracts with the Federal government for
providing courses of instruction and other services at
Northeastern Illinois University for persons serving in or with
the military or naval forces of the United States, and to
provide such courses of instruction and other services;
(9) To contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of Federal
funds paid to Northeastern Illinois University by the Federal
government for instruction and other services for persons
serving in or with the military or naval forces of the United
States, and to provide for audits of such funds;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Northeastern Illinois
University Police Department. Members of the Police Department
shall be conservators of the peace and as such have all powers
possessed by policemen in cities, and sheriffs, including the
power to make arrests on view or warrants of violations of
State statutes, University rules and regulations and city or

county ordinances, except that they may exercise such powers
only within counties wherein Northeastern Illinois University
and any of its branches or properties are located when such is
required for the protection of University properties and
interests, and its students and personnel, and otherwise,
within such counties, when requested by appropriate State or
local law enforcement officials. However, such officers shall
have no power to serve and execute civil processes.
The Board must authorize to each member of the Northeastern
Illinois University Police Department and to any other employee
of Northeastern Illinois University exercising the powers of a
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by Northeastern Illinois
University and (ii) contains a unique identifying number. No
other badge shall be authorized by Northeastern Illinois
University;
(12) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of Illinois,
and (ii) the increased application and development of
technology, and (iii) the improvement and development of the

State's economy. The Board may lease to nonprofit corporations
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the
construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,
partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may
finance all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government grants,
contracts, private gifts, loans, receipts from the operation of
such high technology park, rentals and similar receipts; and
may make its other facilities and services available to tenants
or other occupants of any such park at rates which are
reasonable and appropriate;
(13) To borrow money, as necessary, from time to time in
anticipation of receiving tuition, payments from the State of
Illinois, or other revenues or receipts of the University, also
known as anticipated moneys. The borrowing limit shall be

capped at 100% of the total amount of payroll and other expense
vouchers submitted and payable to the University for fiscal
year 2010 expenses, but unpaid by at the State Comptroller's
office. Prior to borrowing any funds, the University shall
request from the Comptroller's office a verification of the
borrowing limit and shall include the estimated date on which
such borrowing shall occur. The borrowing limit cap shall be
verified by the State Comptroller's office not prior to 45 days
before any estimated date for executing any promissory note or
line of credit established under this item (13). The principal
amount borrowed under a promissory note or line of credit shall
not exceed 75% of the borrowing limit. Within 15 days after
borrowing funds under any promissory note or line of credit
established under this item (13), the University shall submit
to the Governor's Office of Management and Budget, the Speaker
of the House of Representatives, the Minority Leader of the
House of Representatives, the President of the Senate, and the
Minority Leader of the Senate, an Emergency Short Term Cash
Management Plan. The Emergency Short Term Cash Management Plan
shall outline the amount borrowed, the terms for repayment, the
amount of outstanding State vouchers as verified by the State
Comptroller's office, and the University's plan for
expenditure of any borrowed funds, including, but not limited
to, a detailed plan to meet payroll obligations to include
collective bargaining employees, civil service employees, and
academic, research, and health care personnel. The

establishment of any promissory note or line of credit
established under this item (13) must be finalized within 90
days after the effective date of this amendatory Act of the
96th General Assembly. The borrowed moneys shall be applied to
the purposes of paying salaries and other expenses lawfully
authorized in the University's State appropriation and unpaid
by the State Comptroller. Any line of credit established under
this item (13) shall be paid in full one year after creation or
within 10 days after the date the University receives
reimbursement from the State for all submitted fiscal year 2010
vouchers, whichever is earlier. Any promissory note
established under this item (13) shall be repaid within one
year after issuance of the note. The Chairman, Comptroller, or
Treasurer of the Board shall execute a promissory note or
similar debt instrument to evidence the indebtedness incurred
by the borrowing. In connection with a borrowing, the Board may
establish a line of credit with a financial institution,
investment bank, or broker/dealer. The obligation to make the
payments due under any promissory note or line of credit
established under this item (13) shall be a lawful obligation
of the University payable from the anticipated moneys. Any
borrowing under this item (13) shall not constitute a debt,
legal or moral, of the State and shall not be enforceable
against the State. The promissory note or line of credit shall
be authorized by a resolution passed by the Board and shall be
valid whether or not a budgeted item with respect to that

resolution is included in any annual or supplemental budget
adopted by the Board. The resolution shall set forth facts
demonstrating the need for the borrowing, state an amount that
the amount to be borrowed will not exceed, and establish a
maximum interest rate limit not to exceed the maximum rate
authorized by the Bond Authorization Act or 9%, whichever is
less. The resolution may direct the Comptroller or Treasurer of
the Board to make arrangements to set apart and hold the
portion of the anticipated moneys, as received, that shall be
used to repay the borrowing, subject to any prior pledges or
restrictions with respect to the anticipated moneys. The
resolution may also authorize the Treasurer of the Board to
make partial repayments of the borrowing as the anticipated
moneys become available and may contain any other terms,
restrictions, or limitations not inconsistent with the powers
of the Board.
For the purposes of this item (13), "financial institution"
means any bank subject to the Illinois Banking Act, any savings
and loan association subject to the Illinois Savings and Loan
Act of 1985, and any federally chartered commercial bank or
savings and loan association or government-sponsored
enterprise organized and operated in this State pursuant to the
laws of the United States.
(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
(110 ILCS 680/25-140)

Sec. 25-140. Buildings available for emergency purposes.
The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09; 96-1000, eff. 7-2-10.)
(110 ILCS 680/25-170)
Sec. 25-170 25-140. American Sign Language courses. The
University may award academic credit for the successful
completion of any American Sign Language course offered or
approved by the University, which may be applied toward the
satisfaction of the foreign language requirements of the
University, except for those requirements related to the
content of a student's academic major.
(Source: P.A. 96-843, eff. 6-1-10; revised 10-5-10.)
Section 245. The Northern Illinois University Law is
amended by changing Section 30-45 and by setting forth and
renumbering multiple versions of Section 30-150 as follows:

(110 ILCS 685/30-45)
Sec. 30-45. Powers and duties. The Board also shall have
power and it shall be its duty:
(1) To make rules, regulations and bylaws, not inconsistent
with law, for the government and management of Northern
Illinois University and its branches. ;
(2) To employ, and, for good cause, to remove a President
of Northern Illinois University, and all necessary deans,
professors, associate professors, assistant professors,
instructors, other educational and administrative assistants,
and all other necessary employees, and to prescribe their
duties and contract with them upon matters relating to tenure,
salaries and retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board establishes
a search committee to fill the position of President of
Northern Illinois University, there shall be minority
representation, including women, on that search committee. The
Board shall, upon the written request of an employee of
Northern Illinois University, withhold from the compensation
of that employee any dues, payments or contributions payable by
such employee to any labor organization as defined in the
Illinois Educational Labor Relations Act. Under such
arrangement, an amount shall be withheld from each regular
payroll period which is equal to the pro rata share of the
annual dues plus any payments or contributions, and the Board
shall transmit such withholdings to the specified labor

organization within 10 working days from the time of the
withholding. ;
(3) To prescribe the courses of study to be followed, and
textbooks and apparatus to be used at Northern Illinois
University. ;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Northern Illinois University, and confer
such professional and literary degrees as are usually conferred
by other institutions of like character for similar or
equivalent courses of study, or such as the Board may deem
appropriate. ;
(5) To examine into the conditions, management, and
administration of Northern Illinois University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees; tuition
fees; fees for student activities; fees for student facilities
such as student union buildings or field houses or stadia or
other recreational facilities; student welfare fees;
laboratory fees; and similar fees for supplies and materials.
The expense of the building, improving, repairing and supplying
fuel and furniture and the necessary appliances and apparatus
for conducting Northern Illinois University, the reimbursed
expenses of members of the Board, and the salaries or
compensation of the President, assistants, agents and other
employees of Northern Illinois University, shall be a charge

upon the State Treasury. All other expenses shall be chargeable
against students, and the Board shall regulate the charges
accordingly. ;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining to
Northern Illinois University. ;
(7) To accept endowments of professorships or departments
in Northern Illinois University from any person who may proffer
them and, at regular meetings, to prescribe rules and
regulations in relation to endowments and declare on what
general principles they may be accepted. ;
(8) To enter into contracts with the Federal government for
providing courses of instruction and other services at Northern
Illinois University for persons serving in or with the military
or naval forces of the United States, and to provide such
courses of instruction and other services. ;
(9) To contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing. ;
(10) To provide for the receipt and expenditures of Federal
funds paid to Northern Illinois University by the Federal
government for instruction and other services for persons
serving in or with the military or naval forces of the United
States, and to provide for audits of such funds. ;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Northern Illinois University

Police Department. Members of the Police Department shall be
conservators of the peace and as such have all powers possessed
by policemen in cities, and sheriffs, including the power to
make arrests on view or warrants of violations of State
statutes, University rules and regulations and city or county
ordinances, except that they may exercise such powers only
within counties wherein Northern Illinois University and any of
its branches or properties are located when such is required
for the protection of University properties and interests, and
its students and personnel, and otherwise, within such
counties, when requested by appropriate State or local law
enforcement officials. However, such officers shall have no
power to serve and execute civil processes.
The Board must authorize to each member of the Northern
Illinois University Police Department and to any other employee
of Northern Illinois University exercising the powers of a
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by Northern Illinois
University and (ii) contains a unique identifying number. No
other badge shall be authorized by Northern Illinois
University. ;
(12) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,

buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of Illinois,
and (ii) the increased application and development of
technology, and (iii) the improvement and development of the
State's economy. The Board may lease to nonprofit corporations
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the
construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,
partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may
finance all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government grants,
contracts, private gifts, loans, receipts from the operation of
such high technology park, rentals and similar receipts; and
may make its other facilities and services available to tenants
or other occupants of any such park at rates which are

reasonable and appropriate.
(13) To assist in the provision of buildings and facilities
beneficial to, useful for, or supportive of university
purposes, the Board of Trustees of Northern Illinois University
may exercise the following powers with regard to the area
located on or adjacent to the Northern Illinois University
DeKalb campus and bounded as follows:
Parcel 1:
In Township 40 North, Range 4 East, of the Third Prime
Meridian, County of DeKalb, State of Illinois: The East
half of the Southeast Quarter of Section 17, the Southwest
Quarter of Section 16, and the Northwest Quarter of Section
21, all in the County of DeKalb, Illinois.
Parcel 2:
In Township 40 North, Range 4 East, of the Third Prime
Meridian, County of DeKalb, State of Illinois: On the
North, by a line beginning at the Northwest corner of the
Southeast Quarter of Section 15; thence East 1,903.3 feet;
thence South to the North line of the Southeast Quarter of
the Southeast Quarter of Section 15; thence East along said
line to North First Street; on the West by Garden Road
between Lucinda Avenue and the North boundary; thence on
the South by Lucinda Avenue between Garden Road and the
intersection of Lucinda Avenue and the South Branch of the
Kishwaukee River, and by the South Branch of the Kishwaukee
River between such intersection and easterly to the

intersection of such river and North First Street; thence
on the East by North First Street.
(a) Acquire any interests in land, buildings, or
facilities by purchase, including installments payable
over a period allowed by law, by lease over a term of such
duration as the Board of Trustees shall determine, or by
exercise of the power of eminent domain;
(b) Sublease or contract to purchase through
installments all or any portion of buildings or facilities
for such duration and on such terms as the Board of
Trustees shall determine, including a term that exceeds 5
years, provided that each such lease or purchase contract
shall be and shall recite that it is subject to termination
and cancellation in any year for which the General Assembly
fails to make an appropriation to pay the rent or purchase
installments payable under the terms of such lease or
purchase contracts; and
(c) Sell property without compliance with the State
Property Control Act and retain proceeds in the University
treasury in a special, separate development fund account
which the Auditor General shall examine to assure
compliance with this Act.
Any buildings or facilities to be developed on the land
shall be buildings or facilities that, in the determination of
the Board of Trustees, in whole or in part: (i) are for use by
the University; or (ii) otherwise advance the interests of the

University, including, by way of example, residential,
recreational, educational, and athletic facilities for
University staff and students and commercial facilities which
provide services needed by the University community. Revenues
from the development fund account may be withdrawn by the
University for the purpose of demolition and the processes
associated with demolition; routine land and property
acquisition; extension of utilities; streetscape work;
landscape work; surface and structure parking; sidewalks,
recreational paths, and street construction; and lease and
lease purchase arrangements and the professional services
associated with the planning and development of the area.
Moneys from the development fund account used for any other
purpose must be deposited into and appropriated from the
General Revenue Fund. Buildings or facilities leased to an
entity or person other than the University shall not be subject
to any limitations applicable to a State-supported college or
university under any law. All development on the land and all
the use of any buildings or facilities shall be subject to the
control and approval of the Board of Trustees of Northern
Illinois University.
(14) To borrow money, as necessary, from time to time in
anticipation of receiving tuition, payments from the State of
Illinois, or other revenues or receipts of the University, also
known as anticipated moneys. The borrowing limit shall be
capped at 100% of the total amount of payroll and other expense

vouchers submitted and payable to the University for fiscal
year 2010 expenses, but unpaid by at the State Comptroller's
office. Prior to borrowing any funds, the University shall
request from the Comptroller's office a verification of the
borrowing limit and shall include the estimated date on which
such borrowing shall occur. The borrowing limit cap shall be
verified by the State Comptroller's office not prior to 45 days
before any estimated date for executing any promissory note or
line of credit established under this item (14). The principal
amount borrowed under a promissory note or line of credit shall
not exceed 75% of the borrowing limit. Within 15 days after
borrowing funds under any promissory note or line of credit
established under this item (14), the University shall submit
to the Governor's Office of Management and Budget, the Speaker
of the House of Representatives, the Minority Leader of the
House of Representatives, the President of the Senate, and the
Minority Leader of the Senate, an Emergency Short Term Cash
Management Plan. The Emergency Short Term Cash Management Plan
shall outline the amount borrowed, the terms for repayment, the
amount of outstanding State vouchers as verified by the State
Comptroller's office, and the University's plan for
expenditure of any borrowed funds, including, but not limited
to, a detailed plan to meet payroll obligations for all
collective bargaining employees, civil service employees, and
academic, research, and health care personnel. The
establishment of any promissory note or line of credit

established under this item (14) must be finalized within 90
days after the effective date of this amendatory Act of the
96th General Assembly. The borrowed moneys shall be applied to
the purposes of paying salaries and other expenses lawfully
authorized in the University's State appropriation and unpaid
by the State Comptroller. Any line of credit established under
this item (14) shall be paid in full one year after creation or
within 10 days after the date the University receives
reimbursement from the State for all submitted fiscal year 2010
vouchers, whichever is earlier. Any promissory note
established under this item (14) shall be repaid within one
year after issuance of the note. The Chairman, Comptroller, or
Treasurer of the Board shall execute a promissory note or
similar debt instrument to evidence the indebtedness incurred
by the borrowing. In connection with a borrowing, the Board may
establish a line of credit with a financial institution,
investment bank, or broker/dealer. The obligation to make the
payments due under any promissory note or line of credit
established under this item (14) shall be a lawful obligation
of the University payable from the anticipated moneys. Any
borrowing under this item (14) shall not constitute a debt,
legal or moral, of the State and shall not be enforceable
against the State. The promissory note or line of credit shall
be authorized by a resolution passed by the Board and shall be
valid whether or not a budgeted item with respect to that
resolution is included in any annual or supplemental budget

adopted by the Board. The resolution shall set forth facts
demonstrating the need for the borrowing, state an amount that
the amount to be borrowed will not exceed, and establish a
maximum interest rate limit not to exceed the maximum rate
authorized by the Bond Authorization Act or 9%, whichever is
less. The resolution may direct the Comptroller or Treasurer of
the Board to make arrangements to set apart and hold the
portion of the anticipated moneys, as received, that shall be
used to repay the borrowing, subject to any prior pledges or
restrictions with respect to the anticipated moneys. The
resolution may also authorize the Treasurer of the Board to
make partial repayments of the borrowing as the anticipated
moneys become available and may contain any other terms,
restrictions, or limitations not inconsistent with the powers
of the Board.
For the purposes of this item (14), "financial institution"
means any bank subject to the Illinois Banking Act, any savings
and loan association subject to the Illinois Savings and Loan
Act of 1985, and any federally chartered commercial bank or
savings and loan association or government-sponsored
enterprise organized and operated in this State pursuant to the
laws of the United States.
(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)
(110 ILCS 685/30-150)
Sec. 30-150. Buildings available for emergency purposes.

The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09; 96-1000, eff. 7-2-10.)
(110 ILCS 685/30-180)
Sec. 30-180 30-150. American Sign Language courses. The
University may award academic credit for the successful
completion of any American Sign Language course offered or
approved by the University, which may be applied toward the
satisfaction of the foreign language requirements of the
University, except for those requirements related to the
content of a student's academic major.
(Source: P.A. 96-843, eff. 6-1-10; revised 10-5-10.)
Section 250. The Western Illinois University Law is amended
by changing Section 35-45 and by setting forth and renumbering
multiple versions of Section 35-145 as follows:
(110 ILCS 690/35-45)

Sec. 35-45. Powers and duties. The Board also shall have
power and it shall be its duty:
(1) To make rules, regulations and bylaws, not inconsistent
with law, for the government and management of Western Illinois
University and its branches;
(2) To employ, and, for good cause, to remove a President
of Western Illinois University, and all necessary deans,
professors, associate professors, assistant professors,
instructors, other educational and administrative assistants,
and all other necessary employees, and to prescribe their
duties and contract with them upon matters relating to tenure,
salaries and retirement benefits in accordance with the State
Universities Civil Service Act. Whenever the Board establishes
a search committee to fill the position of President of Western
Illinois University, there shall be minority representation,
including women, on that search committee. The Board shall,
upon the written request of an employee of Western Illinois
University, withhold from the compensation of that employee any
dues, payments or contributions payable by such employee to any
labor organization as defined in the Illinois Educational Labor
Relations Act. Under such arrangement, an amount shall be
withheld from each regular payroll period which is equal to the
pro rata share of the annual dues plus any payments or
contributions, and the Board shall transmit such withholdings
to the specified labor organization within 10 working days from
the time of the withholding;

(3) To prescribe the courses of study to be followed, and
textbooks and apparatus to be used at Western Illinois
University;
(4) To issue upon the recommendation of the faculty,
diplomas to such persons as have satisfactorily completed the
required studies of Western Illinois University, and confer
such professional and literary degrees as are usually conferred
by other institutions of like character for similar or
equivalent courses of study, or such as the Board may deem
appropriate;
(5) To examine into the conditions, management, and
administration of Western Illinois University, to provide the
requisite buildings, apparatus, equipment and auxiliary
enterprises, and to fix and collect matriculation fees; tuition
fees; fees for student activities; fees for student facilities
such as student union buildings or field houses or stadia or
other recreational facilities; student welfare fees;
laboratory fees; and similar fees for supplies and materials.
The expense of the building, improving, repairing and supplying
fuel and furniture and the necessary appliances and apparatus
for conducting Western Illinois University, the reimbursed
expenses of members of the Board, and the salaries or
compensation of the President, assistants, agents and other
employees of Western Illinois University, shall be a charge
upon the State Treasury. All other expenses shall be chargeable
against students, and the Board shall regulate the charges

accordingly;
(6) To succeed to and to administer all trusts, trust
property, and gifts now or hereafter belonging or pertaining to
Western Illinois University;
(7) To accept endowments of professorships or departments
in Western Illinois University from any person who may proffer
them and, at regular meetings, to prescribe rules and
regulations in relation to endowments and declare on what
general principles they may be accepted;
(8) To enter into contracts with the Federal government for
providing courses of instruction and other services at Western
Illinois University for persons serving in or with the military
or naval forces of the United States, and to provide such
courses of instruction and other services;
(9) To contract with respect to the Cooperative Computer
Center to obtain services related to electronic data
processing;
(10) To provide for the receipt and expenditures of Federal
funds paid to Western Illinois University by the Federal
government for instruction and other services for persons
serving in or with the military or naval forces of the United
States, and to provide for audits of such funds;
(11) To appoint, subject to the applicable civil service
law, persons to be members of the Western Illinois University
Police Department. Members of the Police Department shall be
conservators of the peace and as such have all powers possessed

by policemen in cities, and sheriffs, including the power to
make arrests on view or warrants of violations of State
statutes, University rules and regulations and city or county
ordinances, except that they may exercise such powers only
within counties wherein Western Illinois University and any of
its branches or properties are located when such is required
for the protection of University properties and interests, and
its students and personnel, and otherwise, within such
counties, when requested by appropriate State or local law
enforcement officials. However, such officers shall have no
power to serve and execute civil processes.
The Board must authorize to each member of the Western
Illinois University Police Department and to any other employee
of Western Illinois University exercising the powers of a peace
officer a distinct badge that, on its face, (i) clearly states
that the badge is authorized by Western Illinois University and
(ii) contains a unique identifying number. No other badge shall
be authorized by Western Illinois University;
(12) The Board may, directly or in cooperation with other
institutions of higher education, acquire by purchase or lease
or otherwise, and construct, enlarge, improve, equip,
complete, operate, control and manage research and high
technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefor, to encourage and facilitate (i) the location and
development of business and industry in the State of Illinois,

and (ii) the increased application and development of
technology, and (iii) the improvement and development of the
State's economy. The Board may lease to nonprofit corporations
all or any part of the land, buildings, facilities, equipment
or other property included in a research and high technology
park upon such terms and conditions as the Board may deem
advisable and enter into any contract or agreement with such
nonprofit corporations as may be necessary or suitable for the
construction, financing, operation and maintenance and
management of any such park; and may lease to any person, firm,
partnership or corporation, either public or private, any part
or all of the land, building, facilities, equipment or other
property of such park for such purposes and upon such rentals,
terms and conditions as the Board may deem advisable; and may
finance all or part of the cost of any such park, including the
purchase, lease, construction, reconstruction, improvement,
remodeling, addition to, and extension and maintenance of all
or part of such high technology park, and all equipment and
furnishings, by legislative appropriations, government grants,
contracts, private gifts, loans, receipts from the operation of
such high technology park, rentals and similar receipts; and
may make its other facilities and services available to tenants
or other occupants of any such park at rates which are
reasonable and appropriate;
(13) To borrow money, as necessary, from time to time in
anticipation of receiving tuition, payments from the State of

Illinois, or other revenues or receipts of the University, also
known as anticipated moneys. The borrowing limit shall be
capped at 100% of the total amount of payroll and other expense
vouchers submitted and payable to the University for fiscal
year 2010 expenses, but unpaid by at the State Comptroller's
office. Prior to borrowing any funds, the University shall
request from the Comptroller's office a verification of the
borrowing limit and shall include the estimated date on which
such borrowing shall occur. The borrowing limit cap shall be
verified by the State Comptroller's office not prior to 45 days
before any estimated date for executing any promissory note or
line of credit established under this item (13). The principal
amount borrowed under a promissory note or line of credit shall
not exceed 75% of the borrowing limit. Within 15 days after
borrowing funds under any promissory note or line of credit
established under this item (13), the University shall submit
to the Governor's Office of Management and Budget, the Speaker
of the House of Representatives, the Minority Leader of the
House of Representatives, the President of the Senate, and the
Minority Leader of the Senate, an Emergency Short Term Cash
Management Plan. The Emergency Short Term Cash Management Plan
shall outline the amount borrowed, the terms for repayment, the
amount of outstanding State vouchers as verified by the State
Comptroller's office, and the University's plan for
expenditure of any borrowed funds, including, but not limited
to, a detailed plan to meet payroll obligations to include

collective bargaining employees, civil service employees, and
academic, research, and health care personnel. The
establishment of any promissory note or line of credit
established under this item (13) must be finalized within 90
days after the effective date of this amendatory Act of the
96th General Assembly. The borrowed moneys shall be applied to
the purposes of paying salaries and other expenses lawfully
authorized in the University's State appropriation and unpaid
by the State Comptroller. Any line of credit established under
this item (13) shall be paid in full one year after creation or
within 10 days after the date the University receives
reimbursement from the State for all submitted fiscal year 2010
vouchers, whichever is earlier. Any promissory note
established under this item (13) shall be repaid within one
year after issuance of the note. The Chairman, Comptroller, or
Treasurer of the Board shall execute a promissory note or
similar debt instrument to evidence the indebtedness incurred
by the borrowing. In connection with a borrowing, the Board may
establish a line of credit with a financial institution,
investment bank, or broker/dealer. The obligation to make the
payments due under any promissory note or line of credit
established under this item (13) shall be a lawful obligation
of the University payable from the anticipated moneys. Any
borrowing under this item (13) shall not constitute a debt,
legal or moral, of the State and shall not be enforceable
against the State. The promissory note or line of credit shall

be authorized by a resolution passed by the Board and shall be
valid whether or not a budgeted item with respect to that
resolution is included in any annual or supplemental budget
adopted by the Board. The resolution shall set forth facts
demonstrating the need for the borrowing, state an amount that
the amount to be borrowed will not exceed, and establish a
maximum interest rate limit not to exceed the maximum rate
authorized by the Bond Authorization Act or 9%, whichever is
less. The resolution may direct the Comptroller or Treasurer of
the Board to make arrangements to set apart and hold the
portion of the anticipated moneys, as received, that shall be
used to repay the borrowing, subject to any prior pledges or
restrictions with respect to the anticipated moneys. The
resolution may also authorize the Treasurer of the Board to
make partial repayments of the borrowing as the anticipated
moneys become available and may contain any other terms,
restrictions, or limitations not inconsistent with the powers
of the Board.
For the purposes of this item (13), "financial institution"
means any bank subject to the Illinois Banking Act, any savings
and loan association subject to the Illinois Savings and Loan
Act of 1985, and any federally chartered commercial bank or
savings and loan association or government-sponsored
enterprise organized and operated in this State pursuant to the
laws of the United States.
(Source: P.A. 96-909, eff. 6-8-10; revised 6-15-10.)

(110 ILCS 690/35-145)
Sec. 35-145. Buildings available for emergency purposes.
The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09; 96-1000, eff. 7-2-10.)
(110 ILCS 690/35-175)
Sec. 35-175 35-145. American Sign Language courses. The
University may award academic credit for the successful
completion of any American Sign Language course offered or
approved by the University, which may be applied toward the
satisfaction of the foreign language requirements of the
University, except for those requirements related to the
content of a student's academic major.
(Source: P.A. 96-843, eff. 6-1-10; revised 10-5-10.)
Section 255. The Public Community College Act is amended by
changing Section 1-3 and by setting forth and renumbering

multiple versions of Section 3-29.4 as follows:
(110 ILCS 805/1-3)
Sec. 1-3. Applicable laws. Other State laws and related
administrative requirements apply to this Act, including, but
not limited to, the following laws and related administrative
requirements: the Illinois Human Rights Act, the Prevailing
Wage Act, the Public Construction Bond Act, the Public Works
Preference Act (repealed on June 16, 2010 by Public Act
96-929), the Employment of Illinois Workers on Public Works
Act, the Freedom of Information Act, the Open Meetings Act, the
Illinois Architecture Practice Act of 1989, the Professional
Engineering Practice Act of 1989, the Structural Engineering
Practice Act of 1989, the Local Government Professional
Services Selection Act, and the Contractor Unified License and
Permit Bond Act.
(Source: P.A. 94-1062, eff. 7-31-06; revised 10-19-10.)
(110 ILCS 805/3-29.4)
Sec. 3-29.4. Buildings available for emergency purposes.
The board shall make mutually agreed buildings of the college
available for emergency purposes, upon the request of the
Illinois Emergency Management Agency, the State-accredited
emergency management agency with jurisdiction, or the American
Red Cross, and cooperate in all matters with the Illinois
Emergency Management Agency, local emergency management

agencies, State-certified, local public health departments,
the American Red Cross, and federal agencies concerned with
emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09; 96-1000, eff. 7-2-10.)
(110 ILCS 805/3-29.9)
Sec. 3-29.9 3-29.4. American Sign Language courses. To
adopt regulations for the awarding of academic credit for the
successful completion of any American Sign Language course
offered or approved by a community college, which may be
applied toward the satisfaction of any foreign language
requirements of the community college, except for those
requirements related to the content of a student's academic
major.
(Source: P.A. 96-843, eff. 6-1-10; revised 10-5-10.)
Section 260. The Illinois Banking Act is amended by
changing Section 48 as follows:
(205 ILCS 5/48)
Sec. 48. Secretary's powers; duties. The Secretary shall
have the powers and authority, and is charged with the duties
and responsibilities designated in this Act, and a State bank
shall not be subject to any other visitorial power other than
as authorized by this Act, except those vested in the courts,
or upon prior consultation with the Secretary, a foreign bank

regulator with an appropriate supervisory interest in the
parent or affiliate of a state bank. In the performance of the
Secretary's duties:
(1) The Commissioner shall call for statements from all
State banks as provided in Section 47 at least one time during
each calendar quarter.
(2) (a) The Commissioner, as often as the Commissioner
shall deem necessary or proper, and no less frequently than 18
months following the preceding examination, shall appoint a
suitable person or persons to make an examination of the
affairs of every State bank, except that for every eligible
State bank, as defined by regulation, the Commissioner in lieu
of the examination may accept on an alternating basis the
examination made by the eligible State bank's appropriate
federal banking agency pursuant to Section 111 of the Federal
Deposit Insurance Corporation Improvement Act of 1991,
provided the appropriate federal banking agency has made such
an examination. A person so appointed shall not be a
stockholder or officer or employee of any bank which that
person may be directed to examine, and shall have powers to
make a thorough examination into all the affairs of the bank
and in so doing to examine any of the officers or agents or
employees thereof on oath and shall make a full and detailed
report of the condition of the bank to the Commissioner. In
making the examination the examiners shall include an
examination of the affairs of all the affiliates of the bank,

as defined in subsection (b) of Section 35.2 of this Act, or
subsidiaries of the bank as shall be necessary to disclose
fully the conditions of the subsidiaries or affiliates, the
relations between the bank and the subsidiaries or affiliates
and the effect of those relations upon the affairs of the bank,
and in connection therewith shall have power to examine any of
the officers, directors, agents, or employees of the
subsidiaries or affiliates on oath. After May 31, 1997, the
Commissioner may enter into cooperative agreements with state
regulatory authorities of other states to provide for
examination of State bank branches in those states, and the
Commissioner may accept reports of examinations of State bank
branches from those state regulatory authorities. These
cooperative agreements may set forth the manner in which the
other state regulatory authorities may be compensated for
examinations prepared for and submitted to the Commissioner.
(b) After May 31, 1997, the Commissioner is authorized to
examine, as often as the Commissioner shall deem necessary or
proper, branches of out-of-state banks. The Commissioner may
establish and may assess fees to be paid to the Commissioner
for examinations under this subsection (b). The fees shall be
borne by the out-of-state bank, unless the fees are borne by
the state regulatory authority that chartered the out-of-state
bank, as determined by a cooperative agreement between the
Commissioner and the state regulatory authority that chartered
the out-of-state bank.

(2.5) Whenever any State bank, any subsidiary or affiliate
of a State bank, or after May 31, 1997, any branch of an
out-of-state bank causes to be performed, by contract or
otherwise, any bank services for itself, whether on or off its
premises:
(a) that performance shall be subject to examination by
the Commissioner to the same extent as if services were
being performed by the bank or, after May 31, 1997, branch
of the out-of-state bank itself on its own premises; and
(b) the bank or, after May 31, 1997, branch of the
out-of-state bank shall notify the Commissioner of the
existence of a service relationship. The notification
shall be submitted with the first statement of condition
(as required by Section 47 of this Act) due after the
making of the service contract or the performance of the
service, whichever occurs first. The Commissioner shall be
notified of each subsequent contract in the same manner.
For purposes of this subsection (2.5), the term "bank
services" means services such as sorting and posting of checks
and deposits, computation and posting of interest and other
credits and charges, preparation and mailing of checks,
statements, notices, and similar items, or any other clerical,
bookkeeping, accounting, statistical, or similar functions
performed for a State bank, including but not limited to
electronic data processing related to those bank services.
(3) The expense of administering this Act, including the

expense of the examinations of State banks as provided in this
Act, shall to the extent of the amounts resulting from the fees
provided for in paragraphs (a), (a-2), and (b) of this
subsection (3) be assessed against and borne by the State
banks:
(a) Each bank shall pay to the Secretary a Call Report
Fee which shall be paid in quarterly installments equal to
one-fourth of the sum of the annual fixed fee of $800, plus
a variable fee based on the assets shown on the quarterly
statement of condition delivered to the Secretary in
accordance with Section 47 for the preceding quarter
according to the following schedule: 16� per $1,000 of the
first $5,000,000 of total assets, 15� per $1,000 of the
next $20,000,000 of total assets, 13� per $1,000 of the
next $75,000,000 of total assets, 9� per $1,000 of the next
$400,000,000 of total assets, 7� per $1,000 of the next
$500,000,000 of total assets, and 5� per $1,000 of all
assets in excess of $1,000,000,000, of the State bank. The
Call Report Fee shall be calculated by the Secretary and
billed to the banks for remittance at the time of the
quarterly statements of condition provided for in Section
47. The Secretary may require payment of the fees provided
in this Section by an electronic transfer of funds or an
automatic debit of an account of each of the State banks.
In case more than one examination of any bank is deemed by
the Secretary to be necessary in any examination frequency

cycle specified in subsection 2(a) of this Section, and is
performed at his direction, the Secretary may assess a
reasonable additional fee to recover the cost of the
additional examination; provided, however, that an
examination conducted at the request of the State Treasurer
pursuant to the Uniform Disposition of Unclaimed Property
Act shall not be deemed to be an additional examination
under this Section. In lieu of the method and amounts set
forth in this paragraph (a) for the calculation of the Call
Report Fee, the Secretary may specify by rule that the Call
Report Fees provided by this Section may be assessed
semiannually or some other period and may provide in the
rule the formula to be used for calculating and assessing
the periodic Call Report Fees to be paid by State banks.
(a-1) If in the opinion of the Commissioner an
emergency exists or appears likely, the Commissioner may
assign an examiner or examiners to monitor the affairs of a
State bank with whatever frequency he deems appropriate,
including but not limited to a daily basis. The reasonable
and necessary expenses of the Commissioner during the
period of the monitoring shall be borne by the subject
bank. The Commissioner shall furnish the State bank a
statement of time and expenses if requested to do so within
30 days of the conclusion of the monitoring period.
(a-2) On and after January 1, 1990, the reasonable and
necessary expenses of the Commissioner during examination

of the performance of electronic data processing services
under subsection (2.5) shall be borne by the banks for
which the services are provided. An amount, based upon a
fee structure prescribed by the Commissioner, shall be paid
by the banks or, after May 31, 1997, branches of
out-of-state banks receiving the electronic data
processing services along with the Call Report Fee assessed
under paragraph (a) of this subsection (3).
(a-3) After May 31, 1997, the reasonable and necessary
expenses of the Commissioner during examination of the
performance of electronic data processing services under
subsection (2.5) at or on behalf of branches of
out-of-state banks shall be borne by the out-of-state
banks, unless those expenses are borne by the state
regulatory authorities that chartered the out-of-state
banks, as determined by cooperative agreements between the
Commissioner and the state regulatory authorities that
chartered the out-of-state banks.
(b) "Fiscal year" for purposes of this Section 48 is
defined as a period beginning July 1 of any year and ending
June 30 of the next year. The Commissioner shall receive
for each fiscal year, commencing with the fiscal year
ending June 30, 1987, a contingent fee equal to the lesser
of the aggregate of the fees paid by all State banks under
paragraph (a) of subsection (3) for that year, or the
amount, if any, whereby the aggregate of the administration

expenses, as defined in paragraph (c), for that fiscal year
exceeds the sum of the aggregate of the fees payable by all
State banks for that year under paragraph (a) of subsection
(3), plus any amounts transferred into the Bank and Trust
Company Fund from the State Pensions Fund for that year,
plus all other amounts collected by the Commissioner for
that year under any other provision of this Act, plus the
aggregate of all fees collected for that year by the
Commissioner under the Corporate Fiduciary Act, excluding
the receivership fees provided for in Section 5-10 of the
Corporate Fiduciary Act, and the Foreign Banking Office
Act. The aggregate amount of the contingent fee thus
arrived at for any fiscal year shall be apportioned
amongst, assessed upon, and paid by the State banks and
foreign banking corporations, respectively, in the same
proportion that the fee of each under paragraph (a) of
subsection (3), respectively, for that year bears to the
aggregate for that year of the fees collected under
paragraph (a) of subsection (3). The aggregate amount of
the contingent fee, and the portion thereof to be assessed
upon each State bank and foreign banking corporation,
respectively, shall be determined by the Commissioner and
shall be paid by each, respectively, within 120 days of the
close of the period for which the contingent fee is
computed and is payable, and the Commissioner shall give 20
days advance notice of the amount of the contingent fee

payable by the State bank and of the date fixed by the
Commissioner for payment of the fee.
(c) The "administration expenses" for any fiscal year
shall mean the ordinary and contingent expenses for that
year incident to making the examinations provided for by,
and for otherwise administering, this Act, the Corporate
Fiduciary Act, excluding the expenses paid from the
Corporate Fiduciary Receivership account in the Bank and
Trust Company Fund, the Foreign Banking Office Act, the
Electronic Fund Transfer Act, and the Illinois Bank
Examiners' Education Foundation Act, including all
salaries and other compensation paid for personal services
rendered for the State by officers or employees of the
State, including the Commissioner and the Deputy
Commissioners, communication equipment and services,
office furnishings, surety bond premiums, and travel
expenses of those officers and employees, employees,
expenditures or charges for the acquisition, enlargement
or improvement of, or for the use of, any office space,
building, or structure, or expenditures for the
maintenance thereof or for furnishing heat, light, or power
with respect thereto, all to the extent that those
expenditures are directly incidental to such examinations
or administration. The Commissioner shall not be required
by paragraphs (c) or (d-1) of this subsection (3) to
maintain in any fiscal year's budget appropriated reserves

for accrued vacation and accrued sick leave that is
required to be paid to employees of the Commissioner upon
termination of their service with the Commissioner in an
amount that is more than is reasonably anticipated to be
necessary for any anticipated turnover in employees,
whether due to normal attrition or due to layoffs,
terminations, or resignations.
(d) The aggregate of all fees collected by the
Secretary under this Act, the Corporate Fiduciary Act, or
the Foreign Banking Office Act on and after July 1, 1979,
shall be paid promptly after receipt of the same,
accompanied by a detailed statement thereof, into the State
treasury and shall be set apart in a special fund to be
known as the "Bank and Trust Company Fund", except as
provided in paragraph (c) of subsection (11) of this
Section. All earnings received from investments of funds in
the Bank and Trust Company Fund shall be deposited in the
Bank and Trust Company Fund and may be used for the same
purposes as fees deposited in that Fund. The amount from
time to time deposited into the Bank and Trust Company Fund
shall be used: (i) to offset the ordinary administrative
expenses of the Secretary as defined in this Section or
(ii) as a credit against fees under paragraph (d-1) of this
subsection (3). Nothing in this amendatory Act of 1979
shall prevent continuing the practice of paying expenses
involving salaries, retirement, social security, and

State-paid insurance premiums of State officers by
appropriations from the General Revenue Fund. However, the
General Revenue Fund shall be reimbursed for those payments
made on and after July 1, 1979, by an annual transfer of
funds from the Bank and Trust Company Fund. Moneys in the
Bank and Trust Company Fund may be transferred to the
Professions Indirect Cost Fund, as authorized under
Section 2105-300 of the Department of Professional
Regulation Law of the Civil Administrative Code of
Illinois.
Notwithstanding provisions in the State Finance Act,
as now or hereafter amended, or any other law to the
contrary, the sum of $18,788,847 shall be transferred from
the Bank and Trust Company Fund to the Financial
Institutions Settlement of 2008 Fund on the effective date
of this amendatory Act of the 95th General Assembly, or as
soon thereafter as practical.
Notwithstanding provisions in the State Finance Act,
as now or hereafter amended, or any other law to the
contrary, the Governor may, during any fiscal year through
January 10, 2011, from time to time direct the State
Treasurer and Comptroller to transfer a specified sum not
exceeding 10% of the revenues to be deposited into the Bank
and Trust Company Fund during that fiscal year from that
Fund to the General Revenue Fund in order to help defray
the State's operating costs for the fiscal year.

Notwithstanding provisions in the State Finance Act, as now
or hereafter amended, or any other law to the contrary, the
total sum transferred during any fiscal year through
January 10, 2011, from the Bank and Trust Company Fund to
the General Revenue Fund pursuant to this provision shall
not exceed during any fiscal year 10% of the revenues to be
deposited into the Bank and Trust Company Fund during that
fiscal year. The State Treasurer and Comptroller shall
transfer the amounts designated under this Section as soon
as may be practicable after receiving the direction to
transfer from the Governor.
(d-1) Adequate funds shall be available in the Bank and
Trust Company Fund to permit the timely payment of
administration expenses. In each fiscal year the total
administration expenses shall be deducted from the total
fees collected by the Commissioner and the remainder
transferred into the Cash Flow Reserve Account, unless the
balance of the Cash Flow Reserve Account prior to the
transfer equals or exceeds one-fourth of the total initial
appropriations from the Bank and Trust Company Fund for the
subsequent year, in which case the remainder shall be
credited to State banks and foreign banking corporations
and applied against their fees for the subsequent year. The
amount credited to each State bank and foreign banking
corporation shall be in the same proportion as the Call
Report Fees paid by each for the year bear to the total

Call Report Fees collected for the year. If, after a
transfer to the Cash Flow Reserve Account is made or if no
remainder is available for transfer, the balance of the
Cash Flow Reserve Account is less than one-fourth of the
total initial appropriations for the subsequent year and
the amount transferred is less than 5% of the total Call
Report Fees for the year, additional amounts needed to make
the transfer equal to 5% of the total Call Report Fees for
the year shall be apportioned amongst, assessed upon, and
paid by the State banks and foreign banking corporations in
the same proportion that the Call Report Fees of each,
respectively, for the year bear to the total Call Report
Fees collected for the year. The additional amounts
assessed shall be transferred into the Cash Flow Reserve
Account. For purposes of this paragraph (d-1), the
calculation of the fees collected by the Commissioner shall
exclude the receivership fees provided for in Section 5-10
of the Corporate Fiduciary Act.
(e) The Commissioner may upon request certify to any
public record in his keeping and shall have authority to
levy a reasonable charge for issuing certifications of any
public record in his keeping.
(f) In addition to fees authorized elsewhere in this
Act, the Commissioner may, in connection with a review,
approval, or provision of a service, levy a reasonable
charge to recover the cost of the review, approval, or

service.
(4) Nothing contained in this Act shall be construed to
limit the obligation relative to examinations and reports of
any State bank, deposits in which are to any extent insured by
the United States or any agency thereof, nor to limit in any
way the powers of the Commissioner with reference to
examinations and reports of that bank.
(5) The nature and condition of the assets in or investment
of any bonus, pension, or profit sharing plan for officers or
employees of every State bank or, after May 31, 1997, branch of
an out-of-state bank shall be deemed to be included in the
affairs of that State bank or branch of an out-of-state bank
subject to examination by the Commissioner under the provisions
of subsection (2) of this Section, and if the Commissioner
shall find from an examination that the condition of or
operation of the investments or assets of the plan is unlawful,
fraudulent, or unsafe, or that any trustee has abused his
trust, the Commissioner shall, if the situation so found by the
Commissioner shall not be corrected to his satisfaction within
60 days after the Commissioner has given notice to the board of
directors of the State bank or out-of-state bank of his
findings, report the facts to the Attorney General who shall
thereupon institute proceedings against the State bank or
out-of-state bank, the board of directors thereof, or the
trustees under such plan as the nature of the case may require.
(6) The Commissioner shall have the power:

(a) To promulgate reasonable rules for the purpose of
administering the provisions of this Act.
(a-5) To impose conditions on any approval issued by
the Commissioner if he determines that the conditions are
necessary or appropriate. These conditions shall be
imposed in writing and shall continue in effect for the
period prescribed by the Commissioner.
(b) To issue orders against any person, if the
Commissioner has reasonable cause to believe that an unsafe
or unsound banking practice has occurred, is occurring, or
is about to occur, if any person has violated, is
violating, or is about to violate any law, rule, or written
agreement with the Commissioner, or for the purpose of
administering the provisions of this Act and any rule
promulgated in accordance with this Act.
(b-1) To enter into agreements with a bank establishing
a program to correct the condition of the bank or its
practices.
(c) To appoint hearing officers to execute any of the
powers granted to the Commissioner under this Section for
the purpose of administering this Act and any rule
promulgated in accordance with this Act and otherwise to
authorize, in writing, an officer or employee of the Office
of Banks and Real Estate to exercise his powers under this
Act.
(d) To subpoena witnesses, to compel their attendance,

to administer an oath, to examine any person under oath,
and to require the production of any relevant books,
papers, accounts, and documents in the course of and
pursuant to any investigation being conducted, or any
action being taken, by the Commissioner in respect of any
matter relating to the duties imposed upon, or the powers
vested in, the Commissioner under the provisions of this
Act or any rule promulgated in accordance with this Act.
(e) To conduct hearings.
(7) Whenever, in the opinion of the Secretary, any
director, officer, employee, or agent of a State bank or any
subsidiary or bank holding company of the bank or, after May
31, 1997, of any branch of an out-of-state bank or any
subsidiary or bank holding company of the bank shall have
violated any law, rule, or order relating to that bank or any
subsidiary or bank holding company of the bank, shall have
obstructed or impeded any examination or investigation by the
Secretary, shall have engaged in an unsafe or unsound practice
in conducting the business of that bank or any subsidiary or
bank holding company of the bank, or shall have violated any
law or engaged or participated in any unsafe or unsound
practice in connection with any financial institution or other
business entity such that the character and fitness of the
director, officer, employee, or agent does not assure
reasonable promise of safe and sound operation of the State
bank, the Secretary may issue an order of removal. If, in the

opinion of the Secretary, any former director, officer,
employee, or agent of a State bank or any subsidiary or bank
holding company of the bank, prior to the termination of his or
her service with that bank or any subsidiary or bank holding
company of the bank, violated any law, rule, or order relating
to that State bank or any subsidiary or bank holding company of
the bank, obstructed or impeded any examination or
investigation by the Secretary, engaged in an unsafe or unsound
practice in conducting the business of that bank or any
subsidiary or bank holding company of the bank, or violated any
law or engaged or participated in any unsafe or unsound
practice in connection with any financial institution or other
business entity such that the character and fitness of the
director, officer, employee, or agent would not have assured
reasonable promise of safe and sound operation of the State
bank, the Secretary may issue an order prohibiting that person
from further service with a bank or any subsidiary or bank
holding company of the bank as a director, officer, employee,
or agent. An order issued pursuant to this subsection shall be
served upon the director, officer, employee, or agent. A copy
of the order shall be sent to each director of the bank
affected by registered mail. A copy of the order shall also be
served upon the bank of which he is a director, officer,
employee, or agent, whereupon he shall cease to be a director,
officer, employee, or agent of that bank. The Secretary may
institute a civil action against the director, officer, or

agent of the State bank or, after May 31, 1997, of the branch
of the out-of-state bank against whom any order provided for by
this subsection (7) of this Section 48 has been issued, and
against the State bank or, after May 31, 1997, out-of-state
bank, to enforce compliance with or to enjoin any violation of
the terms of the order. Any person who has been the subject of
an order of removal or an order of prohibition issued by the
Secretary under this subsection or Section 5-6 of the Corporate
Fiduciary Act may not thereafter serve as director, officer,
employee, or agent of any State bank or of any branch of any
out-of-state bank, or of any corporate fiduciary, as defined in
Section 1-5.05 of the Corporate Fiduciary Act, or of any other
entity that is subject to licensure or regulation by the
Division of Banking unless the Secretary has granted prior
approval in writing.
For purposes of this paragraph (7), "bank holding company"
has the meaning prescribed in Section 2 of the Illinois Bank
Holding Company Act of 1957.
(8) The Commissioner may impose civil penalties of up to
$100,000 against any person for each violation of any provision
of this Act, any rule promulgated in accordance with this Act,
any order of the Commissioner, or any other action which in the
Commissioner's discretion is an unsafe or unsound banking
practice.
(9) The Commissioner may impose civil penalties of up to
$100 against any person for the first failure to comply with

reporting requirements set forth in the report of examination
of the bank and up to $200 for the second and subsequent
failures to comply with those reporting requirements.
(10) All final administrative decisions of the
Commissioner hereunder shall be subject to judicial review
pursuant to the provisions of the Administrative Review Law.
For matters involving administrative review, venue shall be in
either Sangamon County or Cook County.
(11) The endowment fund for the Illinois Bank Examiners'
Education Foundation shall be administered as follows:
(a) (Blank).
(b) The Foundation is empowered to receive voluntary
contributions, gifts, grants, bequests, and donations on
behalf of the Illinois Bank Examiners' Education
Foundation from national banks and other persons for the
purpose of funding the endowment of the Illinois Bank
Examiners' Education Foundation.
(c) The aggregate of all special educational fees
collected by the Secretary and property received by the
Secretary on behalf of the Illinois Bank Examiners'
Education Foundation under this subsection (11) on or after
June 30, 1986, shall be either (i) promptly paid after
receipt of the same, accompanied by a detailed statement
thereof, into the State Treasury and shall be set apart in
a special fund to be known as "The Illinois Bank Examiners'
Education Fund" to be invested by either the Treasurer of

the State of Illinois in the Public Treasurers' Investment
Pool or in any other investment he is authorized to make or
by the Illinois State Board of Investment as the State
Banking Board of Illinois may direct or (ii) deposited into
an account maintained in a commercial bank or corporate
fiduciary in the name of the Illinois Bank Examiners'
Education Foundation pursuant to the order and direction of
the Board of Trustees of the Illinois Bank Examiners'
Education Foundation.
(12) (Blank).
(13) The Secretary may borrow funds from the General
Revenue Fund on behalf of the Bank and Trust Company Fund if
the Director of Banking certifies to the Governor that there is
an economic emergency affecting banking that requires a
borrowing to provide additional funds to the Bank and Trust
Company Fund. The borrowed funds shall be paid back within 3
years and shall not exceed the total funding appropriated to
the Agency in the previous year.
(Source: P.A. 95-1047, eff. 4-6-09; 96-1163, eff. 1-1-11;
96-1365, eff. 7-28-10; revised 9-16-10.)
Section 265. The Illinois Bank Holding Company Act of 1957
is amended by changing Sections 2 and 3.074 as follows:
(205 ILCS 10/2)
Sec. 2. Unless the context requires otherwise:

(a) "Bank" means any national banking association or any
bank, banking association or savings bank, whether organized
under the laws of Illinois, another state, the United States,
the District of Columbia, any territory of the United States,
Puerto Rico, Guam, American Samoa or the Virgin Islands, which
(1) accepts deposits that the depositor has a legal right to
withdraw on demand by check or other negotiable order and (2)
engages in the business of making commercial loans. "Bank" does
not include any organization operating under Sections 25 or 25
(a) of the Federal Reserve Act, or any organization which does
not do business within the United States except as an incident
to its activities outside the United States or any foreign
bank.
(b) "Bank holding company" means any company that controls
or has control over any bank or over any company that is or
becomes a bank holding company by virtue of this Act.
(c) "Banking office" means the principal office of a bank,
any branch of a bank, or any other office at which a bank
accepts deposits, provided, however, that "banking office"
shall not mean:
(1) unmanned automatic teller machines, point of sale
terminals or other similar unmanned electronic banking
facilities at which deposits may be accepted; or
(2) offices located outside the United States.
(d) "Cause to be chartered", with respect to a specified
bank, means the acquisition of control of such bank prior to

the time it commences to engage in the banking business.
(e) "Commissioner" means the Secretary of Financial and
Professional Regulation or a person authorized by the
Secretary, the Division of Banking Act, or this Act to act in
the Secretary's stead, and, except that beginning on January 1,
2011 (the effective date of Public Act 96-1163) this amendatory
Act of the 96th General Assembly, all references in this Act to
the Commissioner of Banks and Real Estate are deemed, in
appropriate contexts, to be references to the Secretary of
Financial and Professional Regulation.
(f) "Community" means the contiguous area served by the
banking offices of a bank, but need not be limited or expanded
to conform to the geographic boundaries of units of local
government.
(g) "Company" means any corporation, business trust,
voting trust, association, partnership, joint venture, similar
organization or any other trust unless by its terms it must
terminate within 25 years or not later than 21 years and 10
months after the death of individuals living on the effective
date of the trust, but shall not include (1) an individual or
(2) any corporation the majority of the shares of which are
owned by the United States or by any state or any corporation
or community chest fund, organized and operated exclusively for
religious, charitable, scientific, literary or educational
purposes, no part of the net earnings of which inure to the
benefit of any private shareholder or individual and no

substantial part of the activities of which is carrying on
propaganda or otherwise attempting to influence legislation.
(h) A company "controls or has control over" a bank or
company if (1) it directly or indirectly owns or controls or
has the power to vote, 25% or more of the voting shares of any
class of voting securities of such bank or company or (2) it
controls in any manner the election of a majority of the
directors or trustees of such bank or company or (3) a trustee
holds for the benefit of its shareholders, members or
employees, 25% or more of the voting shares of such bank or
company or (4) it directly or indirectly exercises a
controlling influence over the management or policies of such
bank or company that is a bank holding company and the Board of
Governors of the Federal Reserve System has so determined under
the federal Bank Holding Company Act. In determining whether
any company controls or has control over a bank or company: (i)
shares owned or controlled by any subsidiary of a company shall
be deemed to be indirectly owned or controlled by such company;
(ii) shares held or controlled, directly or indirectly, by a
trustee or trustees for the benefit of a company, the
shareholders or members of a company or the employees (whether
exclusively or not) of a company, shall be deemed to be
controlled by such company; and (iii) shares transferred,
directly or indirectly, by any bank holding company (or by any
company which, but for such transfer, would be a bank holding
company) to any transferee that is indebted to the transferor

or that has one or more officers, directors, trustees or
beneficiaries in common with or subject to control by the
transferor, shall be deemed to be indirectly owned or
controlled by the transferor unless the Board of Governors of
the Federal Reserve System has determined, under the federal
Bank Holding Company Act, that the transferor is not in fact
capable of controlling the transferee. Notwithstanding the
foregoing, no company shall be deemed to have control of or
over a bank or bank holding company (A) by virtue of its
ownership or control of shares in a fiduciary capacity arising
in the ordinary course of its business; (B) by virtue of its
ownership or control of shares acquired by it in connection
with its underwriting of securities which are held only for
such period of time as will permit the sale thereof upon a
reasonable basis; (C) by virtue of its holding any shares as
collateral taken in the ordinary course of securing a debt or
other obligation; (D) by virtue of its ownership or control of
shares acquired in the ordinary course of collecting a debt or
other obligation previously contracted in good faith, until 5
years after the date acquired; or (E) by virtue of its voting
rights with respect to shares of any bank or bank holding
company acquired in the course of a proxy solicitation in the
case of a company formed and operated for the sole purpose of
participating in a proxy solicitation.
(h-5) "Division" means the Division of Banking within the
Department of Financial and Professional Regulation.

(h-10) (h-5) "Division of Banking" means the Division of
Banking of the Department of Financial and Professional
Regulation.
(i) "Federal Bank Holding Company Act" means the federal
Bank Holding Company Act of 1956, as now or hereafter amended.
(j) "Foreign bank" means any company organized under the
laws of a foreign country which engages in the business of
banking or any subsidiary or affiliate of any such company,
organized under such laws. "Foreign bank" includes, without
limitation, foreign merchant banks and other foreign
institutions that engage in banking activities usual in
connection with the business of banking in the countries where
such foreign institutions are organized or operating.
(k) "Home state" means the home state of a foreign bank as
determined pursuant to the federal International Banking Act of
1978.
(l) "Illinois bank" means a bank:
(1) that is organized under the laws of this State or
of the United States; and
(2) whose main banking premises is located in Illinois.
(m) "Illinois bank holding company" means a bank holding
company:
(1) whose principal place of business is Illinois; and
(2) that is not directly or indirectly controlled by
another bank holding company whose principal place of
business is a state other than Illinois or by a foreign

bank whose Home State is a state other than Illinois.
An out of state bank holding company that acquires control
of one or more Illinois banks or Illinois bank holding
companies pursuant to Sections 3.061 or 3.071 shall not be
deemed an Illinois bank holding company.
(n) "Main banking premises" means the location that is
designated in a bank's charter as its main office and that is
within the state in which the total deposits held by all of the
banking offices of such bank are the largest, as shown in the
most recent reports of condition or similar reports filed by
such bank with state or federal regulatory authorities.
(o) "Out of state bank" means a bank:
(1) that is not an Illinois bank; and
(2) whose main banking premises is located in a state
other than Illinois.
(p) "Out of state bank holding company" means a bank
holding company:
(1) that is not an Illinois bank holding company;
(2) whose principal place of business is a state other
than Illinois the laws of which expressly authorize the
acquisition by an Illinois bank holding company of a bank
or bank holding company in that state under qualifications
and conditions which are not unduly restrictive, as
determined by the Secretary, when compared to those imposed
by the laws of Illinois.
(q) "Principal place of business" means, with respect to a

bank holding company, the state in which the total deposits
held by all of the banking offices of all of the bank
subsidiaries of such bank holding company are the largest, as
shown in the most recent reports of condition or similar
reports filed by the bank holding company's bank subsidiaries
with state or federal regulatory authorities.
(q-5) "Secretary" means the Secretary of Financial and
Professional Regulation, or a person authorized by the
Secretary or by this Act to act in the Secretary's stead.
(r) "State" or "states" when used in this Act means any
State of the United States, the District of Columbia, any
territory of the United States, Puerto Rico, Guam, American
Samoa or the Virgin Islands.
(s) "Subsidiary", with respect to a specified bank holding
company, means any bank or company controlled by such bank
holding company.
(Source: P.A. 96-1163, eff. 1-1-11; 96-1365, eff. 7-28-10;
revised 9-16-10.)
(205 ILCS 10/3.074)
Sec. 3.074. Powers; administrative review.
(a) The Secretary shall have the power and authority:
(1) to promulgate reasonable rules for the purposes of
administering the provisions of this Act. The Secretary
shall specify the form of any application, report or
document that is required to be filed with the Secretary

pursuant to this Act;
(2) to issue orders for the purpose of administering
the provisions of this Act and any rule promulgated in
accordance with this Act;
(3) to appoint hearing officers to execute any of the
powers granted to the Secretary under this Section for the
purpose of administering this Act or any rule promulgated
in accordance with this Act;
(4) to subpoena witnesses, to compel their attendance,
to administer an oath, to examine any person under oath and
to require the production of any relevant books, papers,
accounts and documents in the course of and pursuant to any
investigation or hearing being conducted or any action
being taken by the Secretary in respect to any matter
relating to the duties imposed upon or the powers vested in
the Secretary under the provisions of this Act or any rule
promulgated in accordance with this Act; and
(5) to do any other act authorized to the Commissioner
(now Secretary) under the Division of Banking Act.
(b) Whenever, in the opinion of the Secretary, any
director, officer, employee, or agent of any bank holding
company or subsidiary or affiliate of that company shall have
violated any law, rule, or order relating to that bank holding
company or subsidiary or affiliate of that company, shall have
obstructed or impeded any examination or investigation by the
Secretary, shall have engaged in an unsafe or unsound practice

in conducting the business of that bank holding company or
subsidiary or affiliate of that company, or shall have violated
any law or engaged or participated in any unsafe or unsound
practice in connection with any financial institution or other
business entity such that the character and fitness of the
director, officer, employee, or agent does not assure
reasonable promise of safe and sound operation of the bank
holding company, the Secretary may issue an order of removal.
If, in the opinion of the Secretary, any former director,
officer, employee, or agent of a bank holding company or
subsidiary or affiliate of that company, prior to the
termination of his or her service with that holding company or
subsidiary or affiliate of that company, violated any law,
rule, or order relating to that bank holding company or
subsidiary or affiliate of that company, obstructed or impeded
any examination or investigation by the Secretary, engaged in
an unsafe or unsound practice in conducting the business of
that bank holding company or subsidiary or affiliate of that
company, or violated any law or engaged or participated in any
unsafe or unsound practice in connection with any financial
institution or other business entity such that the character
and fitness of the director, officer, employee, or agent would
not have assured reasonable promise of safe and sound operation
of the bank holding company, the Secretary may issue an order
prohibiting that person from further service with a bank
holding company or subsidiary or affiliate of that company as a

director, officer, employee, or agent.
An order issued pursuant to this subsection shall be served
upon the director, officer, employee, or agent. A copy of the
order shall be sent to each director of the bank holding
company affected by registered mail. A copy of the order shall
also be served upon the bank holding company of which he is a
director, officer, employee, or agent, whereupon he shall cease
to be a director, officer, employee, or agent of that bank
holding company.
The Secretary may institute a civil action against the
director, officer, employee, or agent of the bank holding
company, against whom any order provided for by this subsection
has been issued, to enforce compliance with or to enjoin any
violation of the terms of the order.
Any person who has been the subject of an order of removal
or an order of prohibition issued by the Secretary under this
subsection, subdivision (7) of Section 48 of the Illinois
Banking Act, or Section 5-6 of the Corporate Fiduciary Act may
not thereafter serve as director, officer, employee, or agent
of any holding company, State bank, or branch of any
out-of-state bank, of any corporate fiduciary, as defined in
Section 1-5.05 of the Corporate Fiduciary Act, or of any other
entity that is subject to licensure or regulation by the
Division of Banking unless the Secretary has granted prior
approval in writing.
(c) All final administrative decisions of the Secretary

under this Act shall be subject to judicial review pursuant to
provisions of the Administrative Review Law. For matters
involving administrative review, venue shall be in either
Sangamon County or Cook County.
(Source: P.A. 96-1163, eff. 1-1-11; 96-1365, eff. 7-28-10;
revised 9-16-10.)
Section 270. The Illinois Savings and Loan Act of 1985 is
amended by renumbering Section 1-10.065 as follows:
(205 ILCS 105/1-10.06-5)
Sec. 1-10.06-5 1-10.065. Division. "Division" means the
Division of Banking within the Department of Financial and
Professional Regulation.
(Source: P.A. 96-1365, eff. 7-28-10; revised 9-28-10.)
Section 275. The Pawnbroker Regulation Act is amended by
changing Section 0.05 as follows:
(205 ILCS 510/0.05)
Sec. 0.05. Administration of Act.
(a) This Act shall be administered by the Secretary of
Financial and Professional Regulation, and, except that
beginning on July 28, 2010 (the effective date of Public Act
96-1365) this amendatory Act of the 96th General Assembly, all
references in this Act to the Commissioner of Banks and Real

Estate are deemed, in appropriate contexts, to be references to
the Secretary of Financial and Professional Regulation, who
shall have all of the following powers and duties in
administering this Act:
(1) To promulgate reasonable rules for the purpose of
administering the provisions of this Act.
(2) To issue orders for the purpose of administering
the provisions of this Act and any rule promulgated in
accordance with this Act.
(2.5) To order restitution to consumers suffering
damages resulting from violations of this Act, rules
promulgated in accordance with this Act, or other laws or
regulations related to the operation of a pawnshop.
(3) To appoint hearing officers and to hire employees
or to contract with appropriate persons to execute any of
the powers granted to the Secretary under this Section for
the purpose of administering this Act and any rule
promulgated in accordance with this Act.
(4) To subpoena witnesses, to compel their attendance,
to administer an oath, to examine any person under oath,
and to require the production of any relevant books,
papers, accounts, and documents in the course of and
pursuant to any investigation being conducted, or any
action being taken, by the Secretary in respect of any
matter relating to the duties imposed upon, or the powers
vested in, the Secretary under the provisions of this Act

or any rule promulgated in accordance with this Act.
(5) To conduct hearings.
(6) To impose civil penalties graduated up to $1,000
against any person for each violation of any provision of
this Act, any rule promulgated in accordance with this Act,
or any order of the Secretary based upon the seriousness of
the violation.
(6.5) To initiate, through the Attorney General,
injunction proceedings whenever it appears to the
Secretary that any person, whether licensed under this Act
or not, is engaged or about to engage in an act or practice
that constitutes or will constitute a violation of this Act
or any rule prescribed under the authority of this Act. The
Secretary may, in his or her discretion, through the
Attorney General, apply for an injunction, and upon a
proper showing, any circuit court may enter a permanent or
preliminary injunction or a temporary restraining order
without bond to enforce this Act in addition to the
penalties and other remedies provided for in this Act.
(7) To issue a cease and desist order and, for
violations of this Act, any order issued by the Secretary
pursuant to this Act, any rule promulgated in accordance
with this Act, or any other applicable law in connection
with the operation of a pawnshop, to suspend a license
issued under this Act for up to 30 days.
(8) To determine compliance with applicable law and

rules related to the operation of pawnshops and to verify
the accuracy of reports filed with the Secretary, the
Secretary, not more than one time every 2 years, may, but
is not required to, conduct a routine examination of a
pawnshop, and in addition, the Secretary may examine the
affairs of any pawnshop at any time if the Secretary has
reasonable cause to believe that unlawful or fraudulent
activity is occurring, or has occurred, therein.
(9) In response to a complaint, to address any
inquiries to any pawnshop in relation to its affairs, and
it shall be the duty of the pawnshop to promptly reply in
writing to such inquiries. The Secretary may also require
reports or information from any pawnshop at any time the
Secretary may deem desirable.
(10) To revoke a license issued under this Act if the
Secretary determines that (a) a licensee has been convicted
of a felony in connection with the operations of a
pawnshop; (b) a licensee knowingly, recklessly, or
continuously violated this Act or State or federal law or
regulation, a rule promulgated in accordance with this Act,
or any order of the Secretary; (c) a fact or condition
exists that, if it had existed or had been known at the
time of the original application, would have justified
license refusal; (d) the licensee knowingly submits
materially false or misleading documents with the intent to
deceive the Secretary or any other party; or (e) the

licensee is unable or ceases to continue to operate the
pawnshop.
(10.2) To remove or prohibit the employment of any
officer, director, employee, or agent of the pawnshop who
engages in or has engaged in unlawful activities that
relate to the operation of a pawnshop.
(10.7) To prohibit the hiring of employees who have
been convicted of a financial crime or any crime involving
breach of trust who do not meet exceptions as established
by rule of the Secretary.
(11) Following license revocation, to take possession
and control of a pawnshop for the purpose of examination,
reorganization, or liquidation through receivership and to
appoint a receiver, which may be the Secretary, a pawnshop,
or another suitable person.
(b) After consultation with local law enforcement
officers, the Attorney General, and the industry, the Secretary
may by rule require that pawnbrokers operate video camera
surveillance systems to record photographic representations of
customers and retain the tapes produced for up to 30 days.
(c) Pursuant to rule, the Secretary shall issue licenses on
an annual or multi-year basis for operating a pawnshop. Any
person currently operating or who has operated a pawnshop in
this State during the 2 years preceding the effective date of
this amendatory Act of 1997 shall be issued a license upon
payment of the fee required under this Act. New applicants

shall meet standards for a license as established by the
Secretary. Except with the prior written consent of the
Secretary, no individual, either a new applicant or a person
currently operating a pawnshop, may be issued a license to
operate a pawnshop if the individual has been convicted of a
felony or of any criminal offense relating to dishonesty or
breach of trust in connection with the operations of a
pawnshop. The Secretary shall establish license fees. The fees
shall not exceed the amount reasonably required for
administration of this Act. It shall be unlawful to operate a
pawnshop without a license issued by the Secretary.
(d) In addition to license fees, the Secretary may, by
rule, establish fees in connection with a review, approval, or
provision of a service, and levy a reasonable charge to recover
the cost of the review, approval, or service (such as a change
in control, change in location, or renewal of a license). The
Secretary may also levy a reasonable charge to recover the cost
of an examination if the Secretary determines that unlawful or
fraudulent activity has occurred. The Secretary may require
payment of the fees and charges provided in this Act by
certified check, money order, an electronic transfer of funds,
or an automatic debit of an account.
(e) The Pawnbroker Regulation Fund is established as a
special fund in the State treasury. Moneys collected under this
Act shall be deposited into the Fund and used for the
administration of this Act. In the event that General Revenue

Funds are appropriated to the Department of Financial and
Professional Regulation for the initial implementation of this
Act, the Governor may direct the repayment from the Pawnbroker
Regulation Fund to the General Revenue Fund of such advance in
an amount not to exceed $30,000. The Governor may direct this
interfund transfer at such time as he deems appropriate by
giving appropriate written notice. Moneys in the Pawnbroker
Regulation Fund may be transferred to the Professions Indirect
Cost Fund, as authorized under Section 2105-300 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(f) The Secretary may, by rule, require all pawnshops to
provide for the expenses that would arise from the
administration of the receivership of a pawnshop under this Act
through the assessment of fees, the requirement to pledge
surety bonds, or such other methods as determined by the
Secretary.
(g) All final administrative decisions of the Secretary
under this Act shall be subject to judicial review pursuant to
the provisions of the Administrative Review Law. For matters
involving administrative review, venue shall be in either
Sangamon County or Cook County.
(Source: P.A. 96-1038, eff. 7-14-10; 96-1365, eff. 7-28-10;
revised 9-16-10.)
Section 280. The Corporate Fiduciary Act is amended by

changing Section 1-5.03 and by renumbering Section 1-5.075 as
follows:
(205 ILCS 620/1-5.03) (from Ch. 17, par. 1551-5.03)
Sec. 1-5.03. "Commissioner" means the Secretary of
Financial and Professional Regulation or a person authorized by
the Secretary, the Division of Banking Act, or this Act to act
in the Secretary's stead, and, except that beginning on January
1, 2011 (the effective date of Public Act 96-1163) this
amendatory Act of the 96th General Assembly, all references in
this Act to the Commissioner of Banks and Real Estate are
deemed, in appropriate contexts, to be references to the
Secretary of Financial and Professional Regulation.
(Source: P.A. 96-1163, eff. 1-1-11; 96-1365, eff. 7-28-10;
revised 9-16-10.)
(205 ILCS 620/1-5.07b)
Sec. 1-5.07b 1-5.075. Division. "Division" means the
Division of Banking within the Department of Financial and
Professional Regulation.
(Source: P.A. 96-1365, eff. 7-28-10; revised 9-28-10.)
Section 285. The Illinois Financial Services Development
Act is amended by changing Section 3 as follows:
(205 ILCS 675/3)

(Text of Section before amendment by P.A. 96-936)
Sec. 3. As used in this Section:
(a) "Financial institution" means any bank with its main
office or, after May 31, 1997, a branch in this State, any
state or federal savings and loan association or savings bank
with its main office or branch in this State, any state or
federal credit union with its main office in this State, and
any lender licensed under the Consumer Installment Loan Act or
the Sales Finance Agency Act.
(b) "Revolving credit plan" or "plan" means a plan
contemplating the extension of credit under an account governed
by an agreement between a financial institution and a borrower
who is a natural person pursuant to which:
(1) The financial institution permits the borrower
and, if the agreement governing the plan so provides,
persons acting on behalf of or with authorization from the
borrower, from time to time to make purchases and to obtain
loans by any means whatsoever, including use of a credit
device primarily for personal, family or household
purposes;
(2) the amounts of such purchases and loans are charged
to the borrower's account under the revolving credit plan;
(3) the borrower is required to pay the financial
institution the amounts of all purchases and loans charged
to such borrower's account under the plan but has the
privilege of paying such amounts outstanding from time to

time in full or installments; and
(4) interest may be charged and collected by the
financial institution from time to time on the outstanding
unpaid indebtedness under such plan.
(c) "Credit device" means any card, check, identification
code or other means of identification contemplated by the
agreement governing the plan.
(d) "Outstanding unpaid indebtedness" means on any day an
amount not in excess of the total amount of purchases and loans
charged to the borrower's account under the plan which is
outstanding and unpaid at the end of the day, after adding the
aggregate amount of any new purchases and loans charged to the
account as of that day and deducting the aggregate amount of
any payments and credits applied to that indebtedness as of
that day and, if the agreement governing the plan so provides,
may include the amount of any billed and unpaid interest and
other charges.
(e) "Credit card" means any instrument or device, whether
known as a credit card, credit device, credit plate, charge
plate, or any other name, issued with or without fee by an
issuer for the use of the borrower in obtaining money, goods,
services, or anything else of value on credit, but does not
include any negotiable instrument as defined in the Uniform
Commercial Code, as now or hereafter amended, or a debit card
that may indirectly access an overdraft line of credit through
a debit to a deposit account.

(f) "Credit card account" means a revolving credit plan
accessed by a credit card.
(Source: P.A. 96-1193, eff. 7-22-10.)
(Text of Section after amendment by P.A. 96-936)
Sec. 3. As used in this Section:
(a) "Financial institution" means any bank with its main
office or, after May 31, 1997, a branch in this State, any
state or federal savings and loan association or savings bank
with its main office or branch in this State, any state or
federal credit union with its main office in this State, and
any lender licensed under the Consumer Installment Loan Act or
the Sales Finance Agency Act; provided, however, that lenders
licensed under the Consumer Installment Loan Act or the Sales
Finance Agency Act are prohibited from charging interest in
excess of 36% per annum for any extension of credit under this
Act.
(b) "Revolving credit plan" or "plan" means a plan
contemplating the extension of credit under an account governed
by an agreement between a financial institution and a borrower
who is a natural person pursuant to which:
(1) The financial institution permits the borrower
and, if the agreement governing the plan so provides,
persons acting on behalf of or with authorization from the
borrower, from time to time to make purchases and to obtain
loans by any means whatsoever, including use of a credit

device primarily for personal, family or household
purposes;
(2) the amounts of such purchases and loans are charged
to the borrower's account under the revolving credit plan;
(3) the borrower is required to pay the financial
institution the amounts of all purchases and loans charged
to such borrower's account under the plan but has the
privilege of paying such amounts outstanding from time to
time in full or installments; and
(4) interest may be charged and collected by the
financial institution from time to time on the outstanding
unpaid indebtedness under such plan.
(c) "Credit device" means any card, check, identification
code or other means of identification contemplated by the
agreement governing the plan.
(d) "Outstanding unpaid indebtedness" means on any day an
amount not in excess of the total amount of purchases and loans
charged to the borrower's account under the plan which is
outstanding and unpaid at the end of the day, after adding the
aggregate amount of any new purchases and loans charged to the
account as of that day and deducting the aggregate amount of
any payments and credits applied to that indebtedness as of
that day and, if the agreement governing the plan so provides,
may include the amount of any billed and unpaid interest and
other charges.
(e) "Credit card" means any instrument or device, whether

known as a credit card, credit device, credit plate, charge
plate, or any other name, issued with or without fee by an
issuer for the use of the borrower in obtaining money, goods,
services, or anything else of value on credit, but does not
include any negotiable instrument as defined in the Uniform
Commercial Code, as now or hereafter amended, or a debit card
that may indirectly access an overdraft line of credit through
a debit to a deposit account.
(f) "Credit card account" means a revolving credit plan
accessed by a credit card.
(Source: P.A. 96-936, eff. 3-21-11; 96-1193, eff. 7-22-10;
revised 9-2-10.)
Section 290. The Alternative Health Care Delivery Act is
amended by changing Section 30 as follows:
(210 ILCS 3/30)
Sec. 30. Demonstration program requirements. The
requirements set forth in this Section shall apply to
demonstration programs.
(a) There shall be no more than:
(i) 3 subacute care hospital alternative health care
models in the City of Chicago (one of which shall be
located on a designated site and shall have been licensed
as a hospital under the Illinois Hospital Licensing Act
within the 10 years immediately before the application for

a license);
(ii) 2 subacute care hospital alternative health care
models in the demonstration program for each of the
following areas:
(1) Cook County outside the City of Chicago.
(2) DuPage, Kane, Lake, McHenry, and Will
Counties.
(3) Municipalities with a population greater than
50,000 not located in the areas described in item (i)
of subsection (a) and paragraphs (1) and (2) of item
(ii) of subsection (a); and
(iii) 4 subacute care hospital alternative health care
models in the demonstration program for rural areas.
In selecting among applicants for these licenses in rural
areas, the Health Facilities and Services Review Board and the
Department shall give preference to hospitals that may be
unable for economic reasons to provide continued service to the
community in which they are located unless the hospital were to
receive an alternative health care model license.
(a-5) There shall be no more than the total number of
postsurgical recovery care centers with a certificate of need
for beds as of January 1, 2008.
(a-10) There shall be no more than a total of 9 children's
respite care center alternative health care models in the
demonstration program, which shall be located as follows:
(1) Two in the City of Chicago.

(2) One in Cook County outside the City of Chicago.
(3) A total of 2 in the area comprised of DuPage, Kane,
Lake, McHenry, and Will counties.
(4) A total of 2 in municipalities with a population of
50,000 or more and not located in the areas described in
paragraphs (1), (2), or (3).
(5) A total of 2 in rural areas, as defined by the
Health Facilities and Services Review Board.
No more than one children's respite care model owned and
operated by a licensed skilled pediatric facility shall be
located in each of the areas designated in this subsection
(a-10).
(a-15) There shall be 5 authorized community-based
residential rehabilitation center alternative health care
models in the demonstration program.
(a-20) There shall be an authorized Alzheimer's disease
management center alternative health care model in the
demonstration program. The Alzheimer's disease management
center shall be located in Will County, owned by a
not-for-profit entity, and endorsed by a resolution approved by
the county board before the effective date of this amendatory
Act of the 91st General Assembly.
(a-25) There shall be no more than 10 birth center
alternative health care models in the demonstration program,
located as follows:
(1) Four in the area comprising Cook, DuPage, Kane,

Lake, McHenry, and Will counties, one of which shall be
owned or operated by a hospital and one of which shall be
owned or operated by a federally qualified health center.
(2) Three in municipalities with a population of 50,000
or more not located in the area described in paragraph (1)
of this subsection, one of which shall be owned or operated
by a hospital and one of which shall be owned or operated
by a federally qualified health center.
(3) Three in rural areas, one of which shall be owned
or operated by a hospital and one of which shall be owned
or operated by a federally qualified health center.
The first 3 birth centers authorized to operate by the
Department shall be located in or predominantly serve the
residents of a health professional shortage area as determined
by the United States Department of Health and Human Services.
There shall be no more than 2 birth centers authorized to
operate in any single health planning area for obstetric
services as determined under the Illinois Health Facilities
Planning Act. If a birth center is located outside of a health
professional shortage area, (i) the birth center shall be
located in a health planning area with a demonstrated need for
obstetrical service beds, as determined by the Health
Facilities and Services Review Board or (ii) there must be a
reduction in the existing number of obstetrical service beds in
the planning area so that the establishment of the birth center
does not result in an increase in the total number of

obstetrical service beds in the health planning area.
(b) Alternative health care models, other than a model
authorized under subsection (a-10) or (a-20), shall obtain a
certificate of need from the Health Facilities and Services
Review Board under the Illinois Health Facilities Planning Act
before receiving a license by the Department. If, after
obtaining its initial certificate of need, an alternative
health care delivery model that is a community based
residential rehabilitation center seeks to increase the bed
capacity of that center, it must obtain a certificate of need
from the Health Facilities and Services Review Board before
increasing the bed capacity. Alternative health care models in
medically underserved areas shall receive priority in
obtaining a certificate of need.
(c) An alternative health care model license shall be
issued for a period of one year and shall be annually renewed
if the facility or program is in substantial compliance with
the Department's rules adopted under this Act. A licensed
alternative health care model that continues to be in
substantial compliance after the conclusion of the
demonstration program shall be eligible for annual renewals
unless and until a different licensure program for that type of
health care model is established by legislation, except that a
postsurgical recovery care center meeting the following
requirements may apply within 3 years after August 25, 2009
(the effective date of Public Act 96-669) for a Certificate of

Need permit to operate as a hospital:
(1) The postsurgical recovery care center shall apply
to the Illinois Health Facilities Planning Board for a
Certificate of Need permit to discontinue the postsurgical
recovery care center and to establish a hospital.
(2) If the postsurgical recovery care center obtains a
Certificate of Need permit to operate as a hospital, it
shall apply for licensure as a hospital under the Hospital
Licensing Act and shall meet all statutory and regulatory
requirements of a hospital.
(3) After obtaining licensure as a hospital, any
license as an ambulatory surgical treatment center and any
license as a post-surgical recovery care center shall be
null and void.
(4) The former postsurgical recovery care center that
receives a hospital license must seek and use its best
efforts to maintain certification under Titles XVIII and
XIX of the federal Social Security Act.
The Department may issue a provisional license to any
alternative health care model that does not substantially
comply with the provisions of this Act and the rules adopted
under this Act if (i) the Department finds that the alternative
health care model has undertaken changes and corrections which
upon completion will render the alternative health care model
in substantial compliance with this Act and rules and (ii) the
health and safety of the patients of the alternative health

care model will be protected during the period for which the
provisional license is issued. The Department shall advise the
licensee of the conditions under which the provisional license
is issued, including the manner in which the alternative health
care model fails to comply with the provisions of this Act and
rules, and the time within which the changes and corrections
necessary for the alternative health care model to
substantially comply with this Act and rules shall be
completed.
(d) Alternative health care models shall seek
certification under Titles XVIII and XIX of the federal Social
Security Act. In addition, alternative health care models shall
provide charitable care consistent with that provided by
comparable health care providers in the geographic area.
(d-5) (Blank).
(e) Alternative health care models shall, to the extent
possible, link and integrate their services with nearby health
care facilities.
(f) Each alternative health care model shall implement a
quality assurance program with measurable benefits and at
reasonable cost.
(Source: P.A. 95-331, eff. 8-21-07; 95-445, eff. 1-1-08; 96-31,
eff. 6-30-09; 96-129, eff. 8-4-09; 96-669, eff. 8-25-09;
96-812, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1071, eff.
7-16-10; 96-1123, eff. 1-1-11; revised 9-16-10.)

Section 295. The Alzheimer's Disease and Related Dementias
Special Care Disclosure Act is amended by changing the title of
the Act as follows:
(210 ILCS 4/Act title)
An Act concerning health to create the Alzheimer's Special
Care Disclosure Act, amending named Acts.
Section 300. The Assisted Living and Shared Housing Act is
amended by changing Section 45 as follows:
(210 ILCS 9/45)
Sec. 45. Renewal of licenses. At least 120 days, but not
more than 150 days prior to license expiration, the licensee
shall submit an application for renewal of the license in such
form and containing such information as the Department
requires. If the application is approved, and if the licensee
(i) has not committed a Type 1 violation in the preceding 24
months, (ii) has not committed a Type 2 violation in the
preceding 24 months, (iii) has not had an inspection, review,
or evaluation that resulted in a finding of 10 or more Type 3
violations in the preceding 24 months, and (iv) has not
admitted or retained a resident in violation of Section 75 of
this Act in the preceding 24 months, the Department may renew
the license for an additional period of 2 years at the request
of the licensee. If a licensee whose license has been renewed

for 2 years under this Section subsequently fails to meet any
of the conditions set forth in items (i), (ii), and (iii),
then, in addition to any other sanctions that the Department
may impose under this Act, the Department shall revoke the
2-year license and replace it with a one-year license until the
licensee again meets all of the conditions set forth in items
(i), (ii), and (iii). If appropriate, the renewal application
shall not be approved unless the applicant has provided to the
Department an accurate disclosure document in accordance with
the Alzheimer's Disease and Related Dementias Special Care
Disclosure Act. If the application for renewal is not timely
filed, the Department shall so inform the licensee.
(Source: P.A. 95-590, eff. 9-10-07; 95-876, eff. 8-21-08;
96-990, eff. 7-2-10; 96-1275, eff. 7-26-10; revised 9-2-10.)
Section 305. The Illinois Clinical Laboratory and Blood
Bank Act is amended by changing Section 7-101 as follows:
(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
Sec. 7-101. Examination of specimens. A clinical
laboratory shall examine specimens only at the request of (i) a
licensed physician, (ii) a licensed dentist, (iii) a licensed
podiatrist, (iv) a therapeutic optometrist for diagnostic or
therapeutic purposes related to the use of diagnostic topical
or therapeutic ocular pharmaceutical agents, as defined in
subsections (c) and (d) of Section 15.1 of the Illinois

Optometric Practice Act of 1987, (v) a licensed physician
assistant in accordance with the written guidelines required
under subdivision (3) of Section 4 and under Section 7.5 of the
Physician Assistant Practice Act of 1987, (v-A) an advanced
practice nurse in accordance with the written collaborative
agreement required under Section 65-35 of the Nurse Practice
Act, or (vi) an authorized law enforcement agency or, in the
case of blood alcohol, at the request of the individual for
whom the test is to be performed in compliance with Sections
11-501 and 11-501.1 of the Illinois Vehicle Code, or (vii) a
genetic counselor with the specific authority from a referral
to order a test or tests pursuant to subsection (b) of Section
20 of the Genetic Counselor Licensing Act. If the request to a
laboratory is oral, the physician or other authorized person
shall submit a written request to the laboratory within 48
hours. If the laboratory does not receive the written request
within that period, it shall note that fact in its records. For
purposes of this Section, a request made by electronic mail or
fax constitutes a written request.
(Source: P.A. 95-639, eff. 10-5-07; 96-1313, eff. 7-27-10;
revised 9-27-10.)
Section 310. The Nursing Home Care Act is amended by
changing Section 3-115 as follows:
(210 ILCS 45/3-115) (from Ch. 111 1/2, par. 4153-115)

Sec. 3-115. License renewal application. At least 120 days
but not more than 150 days prior to license expiration, the
licensee shall submit an application for renewal of the license
in such form and containing such information as the Department
requires. If the application is approved, the license shall be
renewed in accordance with Section 3-110 at the request of the
licensee. The renewal application for a sheltered care or
long-term care facility shall not be approved unless the
applicant has provided to the Department an accurate disclosure
document in accordance with the Alzheimer's Disease and Related
Dementias Special Care Disclosure Act. If application for
renewal is not timely filed, the Department shall so inform the
licensee.
(Source: P.A. 96-990, eff. 7-2-10; 96-1275, eff. 7-26-10;
revised 9-2-10.)
Section 315. The MR/DD Community Care Act is amended by
changing the heading of Article III and Sections 3-115 and
3-310 as follows:
(210 ILCS 47/Art. III heading)
ARTICLE III. LICENSING, ENFORCEMENT, VIOLATIONS, PENALTIES ,
AND REMEDIES
(Source: P.A. 96-339, eff. 7-1-10; revised 10-18-10.)
(210 ILCS 47/3-115)

Sec. 3-115. License renewal application. At least 120 days
but not more than 150 days prior to license expiration, the
licensee shall submit an application for renewal of the license
in such form and containing such information as the Department
requires. If the application is approved, the license shall be
renewed in accordance with Section 3-110. The renewal
application for a facility shall not be approved unless the
applicant has provided to the Department an accurate disclosure
document in accordance with the Alzheimer's Disease and Related
Dementias Special Care Disclosure Act. If application for
renewal is not timely filed, the Department shall so inform the
licensee.
(Source: P.A. 96-339, eff. 7-1-10; revised 10-19-10.)
(210 ILCS 47/3-310)
Sec. 3-310. Collection of penalties. All penalties shall be
paid to the Department within 10 days of receipt of notice of
assessment or, if the penalty is contested under Section 3-309,
within 10 days of receipt of the final decision, unless the
decision is appealed and the order is stayed by court order
under Section 3-713. A penalty assessed under this Act shall be
collected by the Department and shall be deposited with the
State Treasurer into the Long Term Care Monitor/Receiver Fund.
If the person or facility against whom a penalty has been
assessed does not comply with a written demand for payment
within 30 days, the Director shall issue an order to do any of

the following:
(1) Direct the State Treasurer to deduct the amount of
the fine from amounts otherwise due from the State for the
penalty and remit that amount to the Department;
(2) Add the amount of the penalty to the facility's
licensing fee; if the licensee refuses to make the payment
at the time of application for renewal of its license, the
license shall not be renewed; or
(3) Bring an action in circuit court to recover the
amount of the penalty.
With the approval of the federal centers for Medicaid and
Medicare services, the Director of Public Health shall set
aside 50% of the federal civil monetary penalties collected
each year to be used to award grants under the Equity
Innovations in Long-term Care Quality Grants Act.
(Source: P.A. 96-339, eff. 7-1-10; revised 10-19-10.)
Section 320. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.20, 3.50, 3.85, and 32.5
as follows:
(210 ILCS 50/3.20)
Sec. 3.20. Emergency Medical Services (EMS) Systems.
(a) "Emergency Medical Services (EMS) System" means an
organization of hospitals, vehicle service providers and
personnel approved by the Department in a specific geographic

area, which coordinates and provides pre-hospital and
inter-hospital emergency care and non-emergency medical
transports at a BLS, ILS and/or ALS level pursuant to a System
program plan submitted to and approved by the Department, and
pursuant to the EMS Region Plan adopted for the EMS Region in
which the System is located.
(b) One hospital in each System program plan must be
designated as the Resource Hospital. All other hospitals which
are located within the geographic boundaries of a System and
which have standby, basic or comprehensive level emergency
departments must function in that EMS System as either an
Associate Hospital or Participating Hospital and follow all
System policies specified in the System Program Plan, including
but not limited to the replacement of drugs and equipment used
by providers who have delivered patients to their emergency
departments. All hospitals and vehicle service providers
participating in an EMS System must specify their level of
participation in the System Program Plan.
(c) The Department shall have the authority and
responsibility to:
(1) Approve BLS, ILS and ALS level EMS Systems which
meet minimum standards and criteria established in rules
adopted by the Department pursuant to this Act, including
the submission of a Program Plan for Department approval.
Beginning September 1, 1997, the Department shall approve
the development of a new EMS System only when a local or

regional need for establishing such System has been
verified by the Department. This shall not be construed as
a needs assessment for health planning or other purposes
outside of this Act. Following Department approval, EMS
Systems must be fully operational within one year from the
date of approval.
(2) Monitor EMS Systems, based on minimum standards for
continuing operation as prescribed in rules adopted by the
Department pursuant to this Act, which shall include
requirements for submitting Program Plan amendments to the
Department for approval.
(3) Renew EMS System approvals every 4 years, after an
inspection, based on compliance with the standards for
continuing operation prescribed in rules adopted by the
Department pursuant to this Act.
(4) Suspend, revoke, or refuse to renew approval of any
EMS System, after providing an opportunity for a hearing,
when findings show that it does not meet the minimum
standards for continuing operation as prescribed by the
Department, or is found to be in violation of its
previously approved Program Plan.
(5) Require each EMS System to adopt written protocols
for the bypassing of or diversion to any hospital, trauma
center or regional trauma center, which provide that a
person shall not be transported to a facility other than
the nearest hospital, regional trauma center or trauma

center unless the medical benefits to the patient
reasonably expected from the provision of appropriate
medical treatment at a more distant facility outweigh the
increased risks to the patient from transport to the more
distant facility, or the transport is in accordance with
the System's protocols for patient choice or refusal.
(6) Require that the EMS Medical Director of an ILS or
ALS level EMS System be a physician licensed to practice
medicine in all of its branches in Illinois, and certified
by the American Board of Emergency Medicine or the American
Board of Osteopathic Emergency Medicine, and that the EMS
Medical Director of a BLS level EMS System be a physician
licensed to practice medicine in all of its branches in
Illinois, with regular and frequent involvement in
pre-hospital emergency medical services. In addition, all
EMS Medical Directors shall:
(A) Have experience on an EMS vehicle at the
highest level available within the System, or make
provision to gain such experience within 12 months
prior to the date responsibility for the System is
assumed or within 90 days after assuming the position;
(B) Be thoroughly knowledgeable of all skills
included in the scope of practices of all levels of EMS
personnel within the System;
(C) Have or make provision to gain experience
instructing students at a level similar to that of the

levels of EMS personnel within the System; and
(D) For ILS and ALS EMS Medical Directors,
successfully complete a Department-approved EMS
Medical Director's Course.
(7) Prescribe statewide EMS data elements to be
collected and documented by providers in all EMS Systems
for all emergency and non-emergency medical services, with
a one-year phase-in for commencing collection of such data
elements.
(8) Define, through rules adopted pursuant to this Act,
the terms "Resource Hospital", "Associate Hospital",
"Participating Hospital", "Basic Emergency Department",
"Standby Emergency Department", "Comprehensive Emergency
Department", "EMS Medical Director", "EMS Administrative
Director", and "EMS System Coordinator".
(A) Upon the effective date of this amendatory Act
of 1995, all existing Project Medical Directors shall
be considered EMS Medical Directors, and all persons
serving in such capacities on the effective date of
this amendatory Act of 1995 shall be exempt from the
requirements of paragraph (7) of this subsection;
(B) Upon the effective date of this amendatory Act
of 1995, all existing EMS System Project Directors
shall be considered EMS Administrative Directors.
(9) Investigate the circumstances that caused a
hospital in an EMS system to go on bypass status to

determine whether that hospital's decision to go on bypass
status was reasonable. The Department may impose
sanctions, as set forth in Section 3.140 of the Act, upon a
Department determination that the hospital unreasonably
went on bypass status in violation of the Act.
(10) Evaluate the capacity and performance of any
freestanding emergency center established under Section
32.5 of this Act in meeting emergency medical service needs
of the public, including compliance with applicable
emergency medical standards and assurance of the
availability of and immediate access to the highest quality
of medical care possible.
(11) Permit limited EMS System participation by
facilities operated by the United States Department of
Veterans Affairs, Veterans Health Administration. Subject
to patient preference, Illinois EMS providers may
transport patients to Veterans Health Administration
facilities that voluntarily participate in an EMS System.
Any Veterans Health Administration facility seeking
limited participation in an EMS System shall agree to
comply with all Department administrative rules
implementing this Section. The Department may promulgate
rules, including, but not limited to, the types of Veterans
Health Administration facilities that may participate in
an EMS System and the limitations of participation.
(Source: P.A. 95-584, eff. 8-31-07; 96-1009, eff. 1-1-11;

96-1469, eff. 1-1-11; revised 9-16-10.)
(210 ILCS 50/3.50)
Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
(a) "Emergency Medical Technician-Basic" or "EMT-B" means
a person who has successfully completed a course of instruction
in basic life support as prescribed by the Department, is
currently licensed by the Department in accordance with
standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an EMS
System.
(b) "Emergency Medical Technician-Intermediate" or "EMT-I"
means a person who has successfully completed a course of
instruction in intermediate life support as prescribed by the
Department, is currently licensed by the Department in
accordance with standards prescribed by this Act and rules
adopted by the Department pursuant to this Act, and practices
within an Intermediate or Advanced Life Support EMS System.
(c) "Emergency Medical Technician-Paramedic" or "EMT-P"
means a person who has successfully completed a course of
instruction in advanced life support care as prescribed by the
Department, is licensed by the Department in accordance with
standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Advanced Life Support EMS System.
(d) The Department shall have the authority and

responsibility to:
(1) Prescribe education and training requirements,
which includes training in the use of epinephrine, for all
levels of EMT, based on the respective national curricula
of the United States Department of Transportation and any
modifications to such curricula specified by the
Department through rules adopted pursuant to this Act.
(2) Prescribe licensure testing requirements for all
levels of EMT, which shall include a requirement that all
phases of instruction, training, and field experience be
completed before taking the EMT licensure examination.
Candidates may elect to take the National Registry of
Emergency Medical Technicians examination in lieu of the
Department's examination, but are responsible for making
their own arrangements for taking the National Registry
examination.
(2.5) Review applications for EMT licensure from
honorably discharged members of the armed forces of the
United States with military emergency medical training.
Applications shall be filed with the Department within one
year after military discharge and shall contain: (i) proof
of successful completion of military emergency medical
training; (ii) a detailed description of the emergency
medical curriculum completed; and (iii) a detailed
description of the applicant's clinical experience. The
Department may request additional and clarifying

information. The Department shall evaluate the
application, including the applicant's training and
experience, consistent with the standards set forth under
subsections (a), (b), (c), and (d) of Section 3.10. If the
application clearly demonstrates that the training and
experience meets such standards, the Department shall
offer the applicant the opportunity to successfully
complete a Department-approved EMT examination for which
the applicant is qualified. Upon passage of an examination,
the Department shall issue a license, which shall be
subject to all provisions of this Act that are otherwise
applicable to the class of EMT license issued.
(3) License individuals as an EMT-B, EMT-I, or EMT-P
who have met the Department's education, training and
examination requirements.
(4) Prescribe annual continuing education and
relicensure requirements for all levels of EMT.
(5) Relicense individuals as an EMT-B, EMT-I, or EMT-P
every 4 years, based on their compliance with continuing
education and relicensure requirements. An Illinois
licensed Emergency Medical Technician whose license has
been expired for less than 36 months may apply for
reinstatement by the Department. Reinstatement shall
require that the applicant (i) submit satisfactory proof of
completion of continuing medical education and clinical
requirements to be prescribed by the Department in an

administrative rule; (ii) submit a positive recommendation
from an Illinois EMS Medical Director attesting to the
applicant's qualifications for retesting; and (iii) pass a
Department approved test for the level of EMT license
sought to be reinstated.
(6) Grant inactive status to any EMT who qualifies,
based on standards and procedures established by the
Department in rules adopted pursuant to this Act.
(7) Charge a fee for EMT examination, licensure, and
license renewal.
(8) Suspend, revoke, or refuse to issue or renew the
license of any licensee, after an opportunity for an
impartial hearing before a neutral administrative law
judge appointed by the Director, where the preponderance of
the evidence shows one or more of the following:
(A) The licensee has not met continuing education
or relicensure requirements as prescribed by the
Department;
(B) The licensee has failed to maintain
proficiency in the level of skills for which he or she
is licensed;
(C) The licensee, during the provision of medical
services, engaged in dishonorable, unethical, or
unprofessional conduct of a character likely to
deceive, defraud, or harm the public;
(D) The licensee has failed to maintain or has

violated standards of performance and conduct as
prescribed by the Department in rules adopted pursuant
to this Act or his or her EMS System's Program Plan;
(E) The licensee is physically impaired to the
extent that he or she cannot physically perform the
skills and functions for which he or she is licensed,
as verified by a physician, unless the person is on
inactive status pursuant to Department regulations;
(F) The licensee is mentally impaired to the extent
that he or she cannot exercise the appropriate
judgment, skill and safety for performing the
functions for which he or she is licensed, as verified
by a physician, unless the person is on inactive status
pursuant to Department regulations;
(G) The licensee has violated this Act or any rule
adopted by the Department pursuant to this Act; or
(H) The licensee has been convicted (or entered a
plea of guilty or nolo-contendere) by a court of
competent jurisdiction of a Class X, Class 1, or Class
2 felony in this State or an out-of-state equivalent
offense.
(9) An EMT who exclusively serves as a volunteer for
units of local government with a population base of less
than 5,000 may submit an application to the Department for
a waiver of these fees on a form prescribed by the
Department.

The education requirements prescribed by the Department
under this subsection must allow for the suspension of those
requirements in the case of a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard who is on active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor at
the time that the member would otherwise be required to fulfill
a particular education requirement. Such a person must fulfill
the education requirement within 6 months after his or her
release from active duty.
(e) In the event that any rule of the Department or an EMS
Medical Director that requires testing for drug use as a
condition for EMT licensure conflicts with or duplicates a
provision of a collective bargaining agreement that requires
testing for drug use, that rule shall not apply to any person
covered by the collective bargaining agreement.
(Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10;
96-1469, eff. 1-1-11; revised 9-16-10.)
(210 ILCS 50/3.85)
Sec. 3.85. Vehicle Service Providers.
(a) "Vehicle Service Provider" means an entity licensed by
the Department to provide emergency or non-emergency medical
services in compliance with this Act, the rules promulgated by
the Department pursuant to this Act, and an operational plan

approved by its EMS System(s), utilizing at least ambulances or
specialized emergency medical service vehicles (SEMSV).
(1) "Ambulance" means any publicly or privately owned
on-road vehicle that is specifically designed, constructed
or modified and equipped, and is intended to be used for,
and is maintained or operated for the emergency
transportation of persons who are sick, injured, wounded or
otherwise incapacitated or helpless, or the non-emergency
medical transportation of persons who require the presence
of medical personnel to monitor the individual's condition
or medical apparatus being used on such individuals.
(2) "Specialized Emergency Medical Services Vehicle"
or "SEMSV" means a vehicle or conveyance, other than those
owned or operated by the federal government, that is
primarily intended for use in transporting the sick or
injured by means of air, water, or ground transportation,
that is not an ambulance as defined in this Act. The term
includes watercraft, aircraft and special purpose ground
transport vehicles or conveyances not intended for use on
public roads.
(3) An ambulance or SEMSV may also be designated as a
Limited Operation Vehicle or Special-Use Vehicle:
(A) "Limited Operation Vehicle" means a vehicle
which is licensed by the Department to provide basic,
intermediate or advanced life support emergency or
non-emergency medical services that are exclusively

limited to specific events or locales.
(B) "Special-Use Vehicle" means any publicly or
privately owned vehicle that is specifically designed,
constructed or modified and equipped, and is intended
to be used for, and is maintained or operated solely
for the emergency or non-emergency transportation of a
specific medical class or category of persons who are
sick, injured, wounded or otherwise incapacitated or
helpless (e.g. high-risk obstetrical patients,
neonatal patients).
(C) "Reserve Ambulance" means a vehicle that meets
all criteria set forth in this Section and all
Department rules, except for the required inventory of
medical supplies and durable medical equipment, which
may be rapidly transferred from a fully functional
ambulance to a reserve ambulance without the use of
tools or special mechanical expertise.
(b) The Department shall have the authority and
responsibility to:
(1) Require all Vehicle Service Providers, both
publicly and privately owned, to function within an EMS
System;
(2) Require a Vehicle Service Provider utilizing
ambulances to have a primary affiliation with an EMS System
within the EMS Region in which its Primary Service Area is
located, which is the geographic areas in which the

provider renders the majority of its emergency responses.
This requirement shall not apply to Vehicle Service
Providers which exclusively utilize Limited Operation
Vehicles;
(3) Establish licensing standards and requirements for
Vehicle Service Providers, through rules adopted pursuant
to this Act, including but not limited to:
(A) Vehicle design, specification, operation and
maintenance standards, including standards for the use
of reserve ambulances;
(B) Equipment requirements;
(C) Staffing requirements; and
(D) Annual license renewal; .
(4) License all Vehicle Service Providers that have met
the Department's requirements for licensure, unless such
Provider is owned or licensed by the federal government.
All Provider licenses issued by the Department shall
specify the level and type of each vehicle covered by the
license (BLS, ILS, ALS, ambulance, SEMSV, limited
operation vehicle, special use vehicle, reserve
ambulance);
(5) Annually inspect all licensed Vehicle Service
Providers, and relicense such Providers that have met the
Department's requirements for license renewal;
(6) Suspend, revoke, refuse to issue or refuse to renew
the license of any Vehicle Service Provider, or that

portion of a license pertaining to a specific vehicle
operated by the Provider, after an opportunity for a
hearing, when findings show that the Provider or one or
more of its vehicles has failed to comply with the
standards and requirements of this Act or rules adopted by
the Department pursuant to this Act;
(7) Issue an Emergency Suspension Order for any
Provider or vehicle licensed under this Act, when the
Director or his designee has determined that an immediate
and serious danger to the public health, safety and welfare
exists. Suspension or revocation proceedings which offer
an opportunity for hearing shall be promptly initiated
after the Emergency Suspension Order has been issued;
(8) Exempt any licensed vehicle from subsequent
vehicle design standards or specifications required by the
Department, as long as said vehicle is continuously in
compliance with the vehicle design standards and
specifications originally applicable to that vehicle, or
until said vehicle's title of ownership is transferred;
(9) Exempt any vehicle (except an SEMSV) which was
being used as an ambulance on or before December 15, 1980,
from vehicle design standards and specifications required
by the Department, until said vehicle's title of ownership
is transferred. Such vehicles shall not be exempt from all
other licensing standards and requirements prescribed by
the Department;

(10) Prohibit any Vehicle Service Provider from
advertising, identifying its vehicles, or disseminating
information in a false or misleading manner concerning the
Provider's type and level of vehicles, location, primary
service area, response times, level of personnel,
licensure status or System participation;
(10.5) Prohibit any Vehicle Service Provider, whether
municipal, private, or hospital-owned, from advertising
itself as a critical care transport provider unless it
participates in a Department-approved EMS System critical
care transport plan; and
(11) Charge each Vehicle Service Provider a fee per
transport vehicle, to be submitted with each application
for licensure and license renewal. The fee per transport
vehicle shall be set by administrative rule by the
Department and shall not exceed 100 vehicles per provider.
(Source: P.A. 96-1469, eff. 1-1-11; revised 9-16-10.)
(210 ILCS 50/32.5)
Sec. 32.5. Freestanding Emergency Center.
(a) The Department shall issue an annual Freestanding
Emergency Center (FEC) license to any facility that has
received a permit from the Health Facilities and Services
Review Board to establish a Freestanding Emergency Center if
the application for the permit has been deemed complete by the
Department of Public Health by March 1, 2009, and:

(1) is located: (A) in a municipality with a population
of 75,000 or fewer inhabitants; (B) within 20 miles of the
hospital that owns or controls the FEC; and (C) within 20
miles of the Resource Hospital affiliated with the FEC as
part of the EMS System;
(2) is wholly owned or controlled by an Associate or
Resource Hospital, but is not a part of the hospital's
physical plant;
(3) meets the standards for licensed FECs, adopted by
rule of the Department, including, but not limited to:
(A) facility design, specification, operation, and
maintenance standards;
(B) equipment standards; and
(C) the number and qualifications of emergency
medical personnel and other staff, which must include
at least one board certified emergency physician
present at the FEC 24 hours per day.
(4) limits its participation in the EMS System strictly
to receiving a limited number of BLS runs by emergency
medical vehicles according to protocols developed by the
Resource Hospital within the FEC's designated EMS System
and approved by the Project Medical Director and the
Department;
(5) provides comprehensive emergency treatment
services, as defined in the rules adopted by the Department
pursuant to the Hospital Licensing Act, 24 hours per day,

on an outpatient basis;
(6) provides an ambulance and maintains on site
ambulance services staffed with paramedics 24 hours per
day;
(7) (blank);
(8) complies with all State and federal patient rights
provisions, including, but not limited to, the Emergency
Medical Treatment Act and the federal Emergency Medical
Treatment and Active Labor Act;
(9) maintains a communications system that is fully
integrated with its Resource Hospital within the FEC's
designated EMS System;
(10) reports to the Department any patient transfers
from the FEC to a hospital within 48 hours of the transfer
plus any other data determined to be relevant by the
Department;
(11) submits to the Department, on a quarterly basis,
the FEC's morbidity and mortality rates for patients
treated at the FEC and other data determined to be relevant
by the Department;
(12) does not describe itself or hold itself out to the
general public as a full service hospital or hospital
emergency department in its advertising or marketing
activities;
(13) complies with any other rules adopted by the
Department under this Act that relate to FECs;

(14) passes the Department's site inspection for
compliance with the FEC requirements of this Act;
(15) submits a copy of the permit issued by the Health
Facilities and Services Review Board indicating that the
facility has complied with the Illinois Health Facilities
Planning Act with respect to the health services to be
provided at the facility;
(16) submits an application for designation as an FEC
in a manner and form prescribed by the Department by rule;
and
(17) pays the annual license fee as determined by the
Department by rule.
(a-5) Notwithstanding any other provision of this Section,
the Department may issue an annual FEC license to a facility
that is located in a county that does not have a licensed
general acute care hospital if the facility's application for a
permit from the Illinois Health Facilities Planning Board has
been deemed complete by the Department of Public Health by
March 1, 2009 and if the facility complies with the
requirements set forth in paragraphs (1) through (17) of
subsection (a).
(a-10) Notwithstanding any other provision of this
Section, the Department may issue an annual FEC license to a
facility if the facility has, by March 31, 2009, filed a letter
of intent to establish an FEC and if the facility complies with
the requirements set forth in paragraphs (1) through (17) of

subsection (a).
(b) The Department shall:
(1) annually inspect facilities of initial FEC
applicants and licensed FECs, and issue annual licenses to
or annually relicense FECs that satisfy the Department's
licensure requirements as set forth in subsection (a);
(2) suspend, revoke, refuse to issue, or refuse to
renew the license of any FEC, after notice and an
opportunity for a hearing, when the Department finds that
the FEC has failed to comply with the standards and
requirements of the Act or rules adopted by the Department
under the Act;
(3) issue an Emergency Suspension Order for any FEC
when the Director or his or her designee has determined
that the continued operation of the FEC poses an immediate
and serious danger to the public health, safety, and
welfare. An opportunity for a hearing shall be promptly
initiated after an Emergency Suspension Order has been
issued; and
(4) adopt rules as needed to implement this Section.
(Source: P.A. 95-584, eff. 8-31-07; 96-23, eff. 6-30-09; 96-31,
eff. 6-30-09; 96-883, eff. 3-1-10; 96-1000, eff. 7-2-10;
revised 9-3-10.)
Section 325. The Hospital Licensing Act is amended by
setting forth and renumbering multiple versions of Section 11.6

as follows:
(210 ILCS 85/11.6)
Sec. 11.6. Policy and procedure for patient bathroom door
locks. Hospitals shall have policies and procedures for readily
gaining access to a locked bathroom in a patient's room.
(Source: P.A. 96-925, eff. 1-1-11.)
(210 ILCS 85/11.7)
Sec. 11.7 11.6. Sudden Infant Death Syndrome (SIDS)
Education.
(a) A hospital shall provide, free of charge, information
and instructional materials regarding sudden infant death
syndrome (SIDS), explaining the medical effects upon infants
and young children and emphasizing measures that may reduce the
risk.
(b) The information and materials described in subsection
(a) shall be provided to parents or legal guardians of each
newborn, upon discharge from the hospital. Prior to discharge,
a nurse or appropriate staff person shall review the proffered
materials with the infant's parents or legal guardian and shall
discuss best practices to reduce the incidence of SIDS as
recommended by the American Academy of Pediatrics.
(c) Nothing in this Section prohibits a hospital from
obtaining free and suitable information from a public or
private agency.

(Source: P.A. 96-1116, eff. 1-1-11; revised 8-16-10.)
Section 330. The Illinois Insurance Code is amended by
changing Sections 531.08 and 1575 as follows:
(215 ILCS 5/531.08) (from Ch. 73, par. 1065.80-8)
Sec. 531.08. Powers and duties of the Association.
(a) In addition to the powers and duties enumerated in
other Sections of this Article:
(1) If a member insurer is an impaired insurer, then
the Association may, in its discretion and subject to any
conditions imposed by the Association that do not impair
the contractual obligations of the impaired insurer and
that are approved by the Director:
(A) guarantee, assume, or reinsure or cause to be
guaranteed, assumed, or reinsured, any or all of the
policies or contracts of the impaired insurer; or
(B) provide such money, pledges, loans, notes,
guarantees, or other means as are proper to effectuate
paragraph (A) and assure payment of the contractual
obligations of the impaired insurer pending action
under paragraph (A).
(2) If a member insurer is an insolvent insurer, then
the Association shall, in its discretion, either:
(A) guaranty, assume, or reinsure or cause to be
guaranteed, assumed, or reinsured the policies or

contracts of the insolvent insurer or assure payment of
the contractual obligations of the insolvent insurer
and provide money, pledges, loans, notes, guarantees,
or other means reasonably necessary to discharge the
Association's duties; or
(B) provide benefits and coverages in accordance
with the following provisions:
(i) with respect to life and health insurance
policies and annuities, ensure payment of benefits
for premiums identical to the premiums and
benefits (except for terms of conversion and
renewability) that would have been payable under
the policies or contracts of the insolvent insurer
for claims incurred:
(a) with respect to group policies and
contracts, not later than the earlier of the
next renewal date under those policies or
contracts or 45 days, but in no event less than
30 days, after the date on which the
Association becomes obligated with respect to
the policies and contracts;
(b) with respect to nongroup policies,
contracts, and annuities not later than the
earlier of the next renewal date (if any) under
the policies or contracts or one year, but in
no event less than 30 days, from the date on

which the Association becomes obligated with
respect to the policies or contracts;
(ii) make diligent efforts to provide all
known insureds or annuitants (for nongroup
policies and contracts), or group policy owners
with respect to group policies and contracts, 30
days notice of the termination (pursuant to
subparagraph (i) of this paragraph (B)) of the
benefits provided;
(iii) with respect to nongroup life and health
insurance policies and annuities covered by the
Association, make available to each known insured
or annuitant, or owner if other than the insured or
annuitant, and with respect to an individual
formerly insured or formerly an annuitant under a
group policy who is not eligible for replacement
group coverage, make available substitute coverage
on an individual basis in accordance with the
provisions of paragraph (3), if the insureds or
annuitants had a right under law or the terminated
policy or annuity to convert coverage to
individual coverage or to continue an individual
policy or annuity in force until a specified age or
for a specified time, during which the insurer had
no right unilaterally to make changes in any
provision of the policy or annuity or had a right

only to make changes in premium by class.
(b) In providing the substitute coverage required under
subparagraph (iii) of paragraph (B) of item (2) of subsection
(a) of this Section, the Association may offer either to
reissue the terminated coverage or to issue an alternative
policy.
Alternative or reissued policies shall be offered without
requiring evidence of insurability, and shall not provide for
any waiting period or exclusion that would not have applied
under the terminated policy.
The Association may reinsure any alternative or reissued
policy.
Alternative policies adopted by the Association shall be
subject to the approval of the Director. The Association may
adopt alternative policies of various types for future
insurance without regard to any particular impairment or
insolvency.
Alternative policies shall contain at least the minimum
statutory provisions required in this State and provide
benefits that shall not be unreasonable in relation to the
premium charged. The Association shall set the premium in
accordance with a table of rates which it shall adopt. The
premium shall reflect the amount of insurance to be provided
and the age and class of risk of each insured, but shall not
reflect any changes in the health of the insured after the
original policy was last underwritten.

Any alternative policy issued by the Association shall
provide coverage of a type similar to that of the policy issued
by the impaired or insolvent insurer, as determined by the
Association.
(c) If the Association elects to reissue terminated
coverage at a premium rate different from that charged under
the terminated policy, the premium shall be set by the
Association in accordance with the amount of insurance provided
and the age and class of risk, subject to approval of the
Director or by a court of competent jurisdiction.
(d) The Association's obligations with respect to coverage
under any policy of the impaired or insolvent insurer or under
any reissued or alternative policy shall cease on the date such
coverage or policy is replaced by another similar policy by the
policyholder, the insured, or the Association.
(e) When proceeding under this Section with respect to any
policy or contract carrying guaranteed minimum interest rates,
the Association shall assure the payment or crediting of a rate
of interest consistent with subparagraph (2)(b)(iii)(B) of
Section 531.03.
(f) Nonpayment of premiums thirty-one days after the date
required under the terms of any guaranteed, assumed,
alternative or reissued policy or contract or substitute
coverage shall terminate the Association's obligations under
such policy or coverage under this Act with respect to such
policy or coverage, except with respect to any claims incurred

or any net cash surrender value which may be due in accordance
with the provisions of this Act.
(g) Premiums due for coverage after entry of an order of
liquidation of an insolvent insurer shall belong to and be
payable at the direction of the Association, and the
Association shall be liable for unearned premiums due to policy
or contract owners arising after the entry of such order.
(h) In carrying out its duties under paragraph (2) of
subsection (a) of this Section, the Association may:
(1) subject to approval by a court in this State,
impose permanent policy or contract liens in connection
with a guarantee, assumption, or reinsurance agreement if
the Association finds that the amounts which can be
assessed under this Article are less than the amounts
needed to assure full and prompt performance of the
Association's duties under this Article or that the
economic or financial conditions as they affect member
insurers are sufficiently adverse to render the imposition
of such permanent policy or contract liens to be in the
public interest; or
(2) subject to approval by a court in this State,
impose temporary moratoriums or liens on payments of cash
values and policy loans or any other right to withdraw
funds held in conjunction with policies or contracts in
addition to any contractual provisions for deferral of cash
or policy loan value. In addition, in the event of a

temporary moratorium or moratorium charge imposed by the
receivership court on payment of cash values or policy
loans or on any other right to withdraw funds held in
conjunction with policies or contracts, out of the assets
of the impaired or insolvent insurer, the Association may
defer the payment of cash values, policy loans, or other
rights by the Association for the period of the moratorium
or moratorium charge imposed by the receivership court,
except for claims covered by the Association to be paid in
accordance with a hardship procedure established by the
liquidator or rehabilitator and approved by the
receivership court.
(i) There shall be no liability on the part of and no cause
of action shall arise against the Association or against any
transferee from the Association in connection with the transfer
by reinsurance or otherwise of all or any part of an impaired
or insolvent insurer's business by reason of any action taken
or any failure to take any action by the impaired or insolvent
insurer at any time.
(j) If the Association fails to act within a reasonable
period of time as provided in subsection (2) of this Section
with respect to an insolvent insurer, the Director shall have
the powers and duties of the Association under this Act with
regard to such insolvent insurers.
(k) The Association or its designated representatives may
render assistance and advice to the Director, upon his request,

concerning rehabilitation, payment of claims, continuations of
coverage, or the performance of other contractual obligations
of any impaired or insolvent insurer.
(l) The Association shall have standing to appear or
intervene before a court or agency in this State with
jurisdiction over an impaired or insolvent insurer concerning
which the Association is or may become obligated under this
Article or with jurisdiction over any person or property
against which the Association may have rights through
subrogation or otherwise. Standing shall extend to all matters
germane to the powers and duties of the Association, including,
but not limited to, proposals for reinsuring, modifying, or
guaranteeing the policies or contracts of the impaired or
insolvent insurer and the determination of the policies or
contracts and contractual obligations. The Association shall
also have the right to appear or intervene before a court or
agency in another state with jurisdiction over an impaired or
insolvent insurer for which the Association is or may become
obligated or with jurisdiction over any person or property
against whom the Association may have rights through
subrogation or otherwise.
(m)(1) A person receiving benefits under this Article shall
be deemed to have assigned the rights under and any causes of
action against any person for losses arising under, resulting
from, or otherwise relating to the covered policy or contract
to the Association to the extent of the benefits received

because of this Article, whether the benefits are payments of
or on account of contractual obligations, continuation of
coverage, or provision of substitute or alternative coverages.
The Association may require an assignment to it of such rights
and cause of action by any payee, policy, or contract owner,
beneficiary, insured, or annuitant as a condition precedent to
the receipt of any right or benefits conferred by this Article
upon the person.
(2) The subrogation rights of the Association under this
subsection have the same priority against the assets of the
impaired or insolvent insurer as that possessed by the person
entitled to receive benefits under this Article.
(3) In addition to paragraphs (1) and (2), the Association
shall have all common law rights of subrogation and any other
equitable or legal remedy that would have been available to the
impaired or insolvent insurer or owner, beneficiary, or payee
of a policy or contract with respect to the policy or
contracts, including without limitation, in the case of a
structured settlement annuity, any rights of the owner,
beneficiary, or payee of the annuity to the extent of benefits
received pursuant to this Article, against a person originally
or by succession responsible for the losses arising from the
personal injury relating to the annuity or payment therefor,
excepting any such person responsible solely by reason of
serving as an assignee in respect of a qualified assignment
under Internal Revenue Code Section 130.

(4) If the preceding provisions of this subsection (l) are
invalid or ineffective with respect to any person or claim for
any reason, then the amount payable by the Association with
respect to the related covered obligations shall be reduced by
the amount realized by any other person with respect to the
person or claim that is attributable to the policies, or
portion thereof, covered by the Association.
(5) If the Association has provided benefits with respect
to a covered obligation and a person recovers amounts as to
which the Association has rights as described in the preceding
paragraphs of this subsection (10), then the person shall pay
to the Association the portion of the recovery attributable to
the policies, or portion thereof, covered by the Association.
(n) The Association may:
(1) Enter into such contracts as are necessary or
proper to carry out the provisions and purposes of this
Article. ;
(2) Sue or be sued, including taking any legal actions
necessary or proper for recovery of any unpaid assessments
under Section 531.09. The Association shall not be liable
for punitive or exemplary damages. ;
(3) Borrow money to effect the purposes of this
Article. Any notes or other evidence of indebtedness of the
Association not in default are legal investments for
domestic insurers and may be carried as admitted assets.
(4) Employ or retain such persons as are necessary to

handle the financial transactions of the Association, and
to perform such other functions as become necessary or
proper under this Article.
(5) Negotiate and contract with any liquidator,
rehabilitator, conservator, or ancillary receiver to carry
out the powers and duties of the Association.
(6) Take such legal action as may be necessary to
avoid payment of improper claims.
(7) Exercise, for the purposes of this Article and to
the extent approved by the Director, the powers of a
domestic life or health insurer, but in no case may the
Association issue insurance policies or annuity contracts
other than those issued to perform the contractual
obligations of the impaired or insolvent insurer.
(8) Exercise all the rights of the Director under
Section 193(4) of this Code with respect to covered
policies after the association becomes obligated by
statute.
(9) Request information from a person seeking coverage
from the Association in order to aid the Association in
determining its obligations under this Article with
respect to the person, and the person shall promptly comply
with the request.
(10) Take other necessary or appropriate action to
discharge its duties and obligations under this Article or
to exercise its powers under this Article.

(o) With respect to covered policies for which the
Association becomes obligated after an entry of an order of
liquidation or rehabilitation, the Association may elect to
succeed to the rights of the insolvent insurer arising after
the date of the order of liquidation or rehabilitation under
any contract of reinsurance to which the insolvent insurer was
a party, to the extent that such contract provides coverage for
losses occurring after the date of the order of liquidation or
rehabilitation. As a condition to making this election, the
Association must pay all unpaid premiums due under the contract
for coverage relating to periods before and after the date of
the order of liquidation or rehabilitation.
(p) A deposit in this State, held pursuant to law or
required by the Director for the benefit of creditors,
including policy owners, not turned over to the domiciliary
liquidator upon the entry of a final order of liquidation or
order approving a rehabilitation plan of an insurer domiciled
in this State or in a reciprocal state, pursuant to Article
XIII 1/2 of this Code, shall be promptly paid to the
Association. The Association shall be entitled to retain a
portion of any amount so paid to it equal to the percentage
determined by dividing the aggregate amount of policy owners'
claims related to that insolvency for which the Association has
provided statutory benefits by the aggregate amount of all
policy owners' claims in this State related to that insolvency
and shall remit to the domiciliary receiver the amount so paid

to the Association less the amount retained pursuant to this
subsection (13). Any amount so paid to the Association and
retained by it shall be treated as a distribution of estate
assets pursuant to applicable State receivership law dealing
with early access disbursements.
(q) The Board of Directors of the Association shall have
discretion and may exercise reasonable business judgment to
determine the means by which the Association is to provide the
benefits of this Article in an economical and efficient manner.
(r) Where the Association has arranged or offered to
provide the benefits of this Article to a covered person under
a plan or arrangement that fulfills the Association's
obligations under this Article, the person shall not be
entitled to benefits from the Association in addition to or
other than those provided under the plan or arrangement.
(s) Venue in a suit against the Association arising under
the Article shall be in Cook County. The Association shall not
be required to give any appeal bond in an appeal that relates
to a cause of action arising under this Article.
(t) The Association may join an organization of one or more
other State associations of similar purposes to further the
purposes and administer the powers and duties of the
Association.
(u) In carrying out its duties in connection with
guaranteeing, assuming, or reinsuring policies or contracts
under subsections (1) or (2), the Association may, subject to

approval of the receivership court, issue substitute coverage
for a policy or contract that provides an interest rate,
crediting rate, or similar factor determined by use of an index
or other external reference stated in the policy or contract
employed in calculating returns or changes in value by issuing
an alternative policy or contract in accordance with the
following provisions:
(1) in lieu of the index or other external reference
provided for in the original policy or contract, the
alternative policy or contract provides for (i) a fixed
interest rate, or (ii) payment of dividends with minimum
guarantees, or (iii) a different method for calculating
interest or changes in value;
(2) there is no requirement for evidence of
insurability, waiting period, or other exclusion that
would not have applied under the replaced policy or
contract; and
(3) the alternative policy or contract is
substantially similar to the replaced policy or contract in
all other material terms.
(Source: P.A. 96-1450, eff. 8-20-10; revised 9-16-10.)
(215 ILCS 5/1575)
Sec. 1575. Contract between public adjuster and insured.
(a) Public adjusters shall ensure that all contracts for
their services are in writing and contain the following terms:

(1) legible full name of the adjuster signing the
contract, as specified in Department records;
(2) permanent home state business address and phone
number;
(3) license number;
(4) title of "Public Adjuster Contract";
(5) the insured's full name, street address, insurance
company name, and policy number, if known or upon
notification;
(6) a description of the loss and its location, if
applicable;
(7) description of services to be provided to the
insured;
(8) signatures of the public adjuster and the insured;
(9) date and time the contract was signed by the public
adjuster and date and time the contract was signed by the
insured;
(10) attestation language stating that the public
adjuster is fully bonded pursuant to State law; and
(11) full salary, fee, commission, compensation, or
other considerations the public adjuster is to receive for
services.
(b) The contract may specify that the public adjuster shall
be named as a co-payee on an insurer's payment of a claim.
(1) If the compensation is based on a share of the
insurance settlement, the exact percentage shall be

specified.
(2) Initial expenses to be reimbursed to the public
adjuster from the proceeds of the claim payment shall be
specified by type, with dollar estimates set forth in the
contract and with any additional expenses first approved by
the insured.
(3) Compensation provisions in a public adjuster
adjusting contract shall not be redacted in any copy of the
contract provided to the Director.
(c) If the insurer, not later than 5 business days after
the date on which the loss is reported to the insurer, either
pays or commits in writing to pay to the insured the policy
limit of the insurance policy, the public adjuster shall:
(1) not receive a commission consisting of a percentage
of the total amount paid by an insurer to resolve a claim;
(2) inform the insured that loss recovery amount might
not be increased by insurer; and
(3) be entitled only to reasonable compensation from
the insured for services provided by the public adjuster on
behalf of the insured, based on the time spent on a claim
and expenses incurred by the public adjuster, until the
claim is paid or the insured receives a written commitment
to pay from the insurer.
(d) A public adjuster shall provide the insured a written
disclosure concerning any direct or indirect financial
interest that the public adjuster has with any other party who

is involved in any aspect of the claim, other than the salary,
fee, commission, or other consideration established in the
written contract with the insured, including, but not limited
to, any ownership of or any compensation expected to be
received from, any construction firm, salvage firm, building
appraisal firm, board-up company, or any other firm that
provides estimates for work, or that performs any work, in
conjunction with damages caused by the insured loss on which
the public adjuster is engaged. The word "firm" shall include
any corporation, partnership, association, joint-stock
company, or person.
(e) A public adjuster contract may not contain any contract
term that:
(1) allows the public adjuster's percentage fee to be
collected when money is due from an insurance company, but
not paid, or that allows a public adjuster to collect the
entire fee from the first check issued by an insurance
company, rather than as a percentage of each check issued
by an insurance company;
(2) requires the insured to authorize an insurance
company to issue a check only in the name of the public
adjuster;
(3) precludes a public adjuster or an insured from
pursuing civil remedies;
(4) includes any hold harmless agreement that provides
indemnification to the public adjuster by the insured for

liability resulting from the public adjuster's negligence;
or
(5) provides power of attorney by which the public
adjuster can act in the place and instead of the insured.
(f) The following provisions apply to a contract between a
public adjuster and an insured:
(1) Prior to the signing of the contract, the public
adjuster shall provide the insured with a separate signed
and dated disclosure document regarding the claim process
that states:
"Property insurance policies obligate the insured to
present a claim to his or her insurance company for
consideration. There are 3 types of adjusters that could be
involved in that process. The definitions of the 3 types
are as follows:
(A) "Company adjuster" means the insurance
adjusters who are employees of an insurance company.
They represent the interest of the insurance company
and are paid by the insurance company. They will not
charge you a fee.
(B) "Independent adjuster" means the insurance
adjusters who are hired on a contract basis by an
insurance company to represent the insurance company's
interest in the settlement of the claim. They are paid
by your insurance company. They will not charge you a
fee.

(C) "Public adjuster" means the insurance
adjusters who do not work for any insurance company.
They work for the insured to assist in the preparation,
presentation and settlement of the claim. The insured
hires them by signing a contract agreeing to pay them a
fee or commission based on a percentage of the
settlement, or other method of compensation.".
(2) The insured is not required to hire a public
adjuster to help the insured meet his or her obligations
under the policy, but has the right to do so.
(3) The public adjuster is not a representative or
employee of the insurer.
(4) The salary, fee, commission, or other
consideration is the obligation of the insured, not the
insurer, except when rights have been assigned to the
public adjuster by the insured.
(g) The contracts shall be executed in duplicate to provide
an original contract to the public adjuster, and an original
contract to the insured. The public adjuster's original
contract shall be available at all times for inspection without
notice by the Director.
(h) The public adjuster shall provide the insurer with an
exact copy of the contract by the insured, authorizing the
public adjuster to represent the insured's interest.
(i) The public adjuster shall give the insured written
notice of the insured's rights as a consumer under the law of

this State.
(j) A public adjuster shall not provide services until a
written contract with the insured has been executed, on a form
filed with and approved by the Director. At the option of the
insured, any such contract shall be voidable for 5 business
days after execution. The insured may void the contract by
notifying the public adjuster in writing by (i) registered or
certified mail, return receipt requested, to the address shown
on the contract or (ii) personally serving the notice on the
public adjuster.
(k) If the insured exercises the right to rescind the
contract, anything of value given by the insured under the
contract will be returned to the insured within 15 business
days following the receipt by the public adjuster of the
cancellation notice.
(Source: P.A. 96-1332, eff. 1-1-11; revised 9-16-10.)
Section 335. The Comprehensive Health Insurance Plan Act is
amended by renumbering Sections 14.05 and 15 as follows:
(215 ILCS 105/15)
Sec. 15 14.05. Alternative portable coverage for federally
eligible individuals.
(a) Notwithstanding the requirements of subsection a. of
Section 7 and except as otherwise provided in this Section, any
federally eligible individual for whom a Plan application, and

such enclosures and supporting documentation as the Board may
require, is received by the Board within 90 days after the
termination of prior creditable coverage shall qualify to
enroll in the Plan under the portability provisions of this
Section.
A federally eligible person who has been certified as
eligible pursuant to the federal Trade Act of 2002 and whose
Plan application and enclosures and supporting documentation
as the Board may require is received by the Board within 63
days after the termination of previous creditable coverage
shall qualify to enroll in the Plan under the portability
provisions of this Section.
(b) Any federally eligible individual seeking Plan
coverage under this Section must submit with his or her
application evidence, including acceptable written
certification of previous creditable coverage, that will
establish to the Board's satisfaction, that he or she meets all
of the requirements to be a federally eligible individual and
is currently and permanently residing in this State (as of the
date his or her application was received by the Board).
(c) Except as otherwise provided in this Section, a period
of creditable coverage shall not be counted, with respect to
qualifying an applicant for Plan coverage as a federally
eligible individual under this Section, if after such period
and before the application for Plan coverage was received by
the Board, there was at least a 90 day period during all of

which the individual was not covered under any creditable
coverage.
For a federally eligible person who has been certified as
eligible pursuant to the federal Trade Act of 2002, a period of
creditable coverage shall not be counted, with respect to
qualifying an applicant for Plan coverage as a federally
eligible individual under this Section, if after such period
and before the application for Plan coverage was received by
the Board, there was at least a 63 day period during all of
which the individual was not covered under any creditable
coverage.
(d) Any federally eligible individual who the Board
determines qualifies for Plan coverage under this Section shall
be offered his or her choice of enrolling in one of alternative
portability health benefit plans which the Board is authorized
under this Section to establish for these federally eligible
individuals and their dependents.
(e) The Board shall offer a choice of health care coverages
consistent with major medical coverage under the alternative
health benefit plans authorized by this Section to every
federally eligible individual. The coverages to be offered
under the plans, the schedule of benefits, deductibles,
co-payments, exclusions, and other limitations shall be
approved by the Board. One optional form of coverage shall be
comparable to comprehensive health insurance coverage offered
in the individual market in this State or a standard option of

coverage available under the group or individual health
insurance laws of the State. The standard benefit plan that is
authorized by Section 8 of this Act may be used for this
purpose. The Board may also offer a preferred provider option
and such other options as the Board determines may be
appropriate for these federally eligible individuals who
qualify for Plan coverage pursuant to this Section.
(f) Notwithstanding the requirements of subsection f. of
Section 8, any plan coverage that is issued to federally
eligible individuals who qualify for the Plan pursuant to the
portability provisions of this Section shall not be subject to
any preexisting conditions exclusion, waiting period, or other
similar limitation on coverage.
(g) Federally eligible individuals who qualify and enroll
in the Plan pursuant to this Section shall be required to pay
such premium rates as the Board shall establish and approve in
accordance with the requirements of Section 7.1 of this Act.
(h) A federally eligible individual who qualifies and
enrolls in the Plan pursuant to this Section must satisfy on an
ongoing basis all of the other eligibility requirements of this
Act to the extent not inconsistent with the federal Health
Insurance Portability and Accountability Act of 1996 in order
to maintain continued eligibility for coverage under the Plan.
(Source: P.A. 95-331, eff. 8-21-07; revised 10-5-10.)
(215 ILCS 105/99)

Sec. 99 15. This Act takes effect July 1, 1987.
(Source: P.A. 95-331, eff. 8-21-07; revised 10-5-10.)
Section 340. The Health Maintenance Organization Act is
amended by changing Section 6-8 as follows:
(215 ILCS 125/6-8) (from Ch. 111 1/2, par. 1418.8)
Sec. 6-8. Powers and duties of the Association. In addition
to the powers and duties enumerated in other Sections of this
Article, the Association shall have the powers set forth in
this Section.
(1) If a domestic organization is an impaired organization,
the Association may, subject to any conditions imposed by the
Association other than those which impair the contractual
obligations of the impaired organization, and approved by the
impaired organization and the Director:
(a) guarantee, assume, or reinsure, or cause to be
guaranteed, assumed or reinsured, any or all of the covered
health care plan certificates of covered persons of the
impaired organization;
(b) provide such monies, pledges, notes, guarantees,
or other means as are proper to effectuate paragraph (a),
and assure payment of the contractual obligations of the
impaired organization pending action under paragraph (a);
and
(c) loan money to the impaired organization.

(2) If a domestic, foreign, or alien organization is an
insolvent organization, the Association shall, subject to the
approval of the Director:
(a) guarantee, assume, indemnify or reinsure or cause
to be guaranteed, assumed, indemnified or reinsured the
covered health care plan benefits of covered persons of the
insolvent organization; however, in the event that the
Director of Healthcare and Family Services (formerly
Director of the Department of Public Aid) assigns
individuals that are recipients of public aid from an
insolvent organization to another organization, the
Director of Healthcare and Family Services shall, before
fixing the rates to be paid by the Department of Healthcare
and Family Services to the transferee organization on
account of such individuals, consult with the Director of
the Department of Insurance as to the reasonableness of
such rates in light of the health care needs of such
individuals and the costs of providing health care services
to such individuals;
(b) assure payment of the contractual obligations of
the insolvent organization to covered persons;
(c) make payments to providers of health care, or
indemnity payments to covered persons, so as to assure the
continued payment of benefits substantially similar to
those provided for under covered health care plan
certificate issued by the insolvent organization to

covered persons; and
(d) provide such monies, pledges, notes, guaranties,
or other means as are reasonably necessary to discharge
such duties.
This subsection (2) shall not apply when the Director has
determined that the foreign or alien organization's
domiciliary jurisdiction or state of entry provides, by
statute, protection substantially similar to that provided by
this Article for residents of this State and such protection
will be provided in a timely manner.
(3) There shall be no liability on the part of and no cause
of action shall arise against the Association or against any
transferee from the Association in connection with the transfer
by reinsurance or otherwise of all or any part of an impaired
or insolvent organization's business by reason of any action
taken or any failure to take any action by the impaired or
insolvent organization at any time.
(4) If the Association fails to act within a reasonable
period of time as provided in subsection (2) of this Section
with respect to an insolvent organization, the Director shall
have the powers and duties of the Association under this
Article with regard to such insolvent organization.
(5) The Association or its designated representatives may
render assistance and advice to the Director, upon his request,
concerning rehabilitation, payment of claims, continuations of
coverage, or the performance of other contractual obligations

of any impaired or insolvent organization.
(6) The Association has standing to appear before any court
concerning all matters germane to the powers and duties of the
Association, including, but not limited to, proposals for
reinsuring or guaranteeing the covered health care plan
certificates of the impaired or insolvent organization and the
determination of the covered health care plan certificates and
contractual obligations.
(7) (a) Any person receiving benefits under this Article is
deemed to have assigned the rights under the covered health
care plan certificates to the Association to the extent of the
benefits received because of this Article whether the benefits
are payments of contractual obligations or continuation of
coverage. The Association may require an assignment to it of
such rights by any payee, enrollee or beneficiary as a
condition precedent to the receipt of any rights or benefits
conferred by this Article upon such person. The Association is
subrogated to these rights against the assets of any insolvent
organization and against any other party who may be liable to
such payee, enrollee or beneficiary.
(b) The subrogation rights of the Association under this
subsection have the same priority against the assets of the
insolvent organization as that possessed by the person entitled
to receive benefits under this Article.
(8) (a) The contractual obligations of the insolvent
organization for which the Association becomes or may become

liable are as great as but no greater than the contractual
obligations of the insolvent organization would have been in
the absence of an insolvency unless such obligations are
reduced as permitted by subsection (3), but the aggregate
liability of the Association shall not exceed $300,000 with
respect to any one natural person.
(b) Furthermore, the Association shall not be required to
pay, and shall have no liability to, any provider of health
care services to an enrollee:
(i) if such provider, or his or its affiliates or
members of his immediate family, at any time within the one
year prior to the date of the issuance of the first order,
by a court of competent jurisdiction, of conservation,
rehabilitation or liquidation pertaining to the health
maintenance organization:
(A) was a securityholder of such organization (but
excluding any securityholder holding an equity
interest of 5% or less);
(B) exercised control over the organization by
means such as serving as an officer or director,
through a management agreement or as a principal member
of a not-for-profit organization;
(C) had a representative serving by virtue of or
his or her official position as a representative of
such provider on the board of any entity which
exercised control over the organization;

(D) received provider payments made by such
organization pursuant to a contract which was not a
product of arms-length bargaining; or
(E) received distributions other than for
physician services from a not-for-profit organization
on account of such provider's status as a member of
such organization.
For purposes of this subparagraph (i), the terms
"affiliate," "person," "control" and "securityholder"
shall have the meanings ascribed to such terms in Section
131.1 of the Illinois Insurance Code; or
(ii) if and to the extent such a provider has agreed by
contract not to seek payment from the enrollee for services
provided to such enrollee or if, and to the extent, as a
matter of law such provider may not seek payment from the
enrollee for services provided to such enrollee; or .
(iii) related to any policy, contract, or certificate
providing any hospital, medical, prescription drug, or
other health care benefits pursuant to Part C or Part D of
Subchapter XVIII, Chapter 7 of Title 42 of the United
States Code (commonly known as Medicare Part C & D) or any
regulations issued pursuant thereto; or
(iv) for any portion of a policy, contract, or
certificate to the extent that the assessments required by
this Article with respect to the policy or contract are
preempted or otherwise not permitted by federal or State

law; or
(v) for any obligation that does not arise under the
express written terms of the policy or contract issued by
the organization to the contract owner or policy owner,
including without limitation:
(A) claims based on marketing materials;
(B) claims based on side letters, riders, or other
documents that were issued by the insurer without
meeting applicable policy form filing or approval
requirements;
(C) misrepresentations of or regarding policy
benefits;
(D) extra-contractual claims; or
(E) claims for penalties or consequential or
incidental damages.
(c) In no event shall the Association be required to pay
any provider participating in the insolvent organization any
amount for in-plan services rendered by such provider prior to
the insolvency of the organization in excess of (1) the amount
provided by a capitation contract between a physician provider
and the insolvent organization for such services; or (2) the
amounts provided by contract between a hospital provider and
the Department of Healthcare and Family Services (formerly
Department of Public Aid) for similar services to recipients of
public aid; or (3) in the event neither (1) nor (2) above is
applicable, then the amounts paid under the Medicare area

prevailing rate for the area where the services were provided,
or if no such rate exists with respect to such services, then
80% of the usual and customary rates established by the Health
Insurance Association of America. The payments required to be
made by the Association under this Section shall constitute
full and complete payment for such provider services to the
enrollee.
(d) The Association shall not be required to pay more than
an aggregate of $300,000 for any organization which is declared
to be insolvent prior to July 1, 1987, and such funds shall be
distributed first to enrollees who are not public aid
recipients pursuant to a plan recommended by the Association
and approved by the Director and the court having jurisdiction
over the liquidation.
(9) The Association may:
(a) Enter into such contracts as are necessary or
proper to carry out the provisions and purposes of this
Article.
(b) Sue or be sued, including taking any legal actions
necessary or proper for recovery of any unpaid assessments
under Section 6-9. The Association shall not be liable for
punitive or exemplary damages.
(c) Borrow money to effect the purposes of this
Article. Any notes or other evidence of indebtedness of the
Association not in default are legal investments for
domestic organizations and may be carried as admitted

assets.
(d) Employ or retain such persons as are necessary to
handle the financial transactions of the Association, and
to perform such other functions as become necessary or
proper under this Article.
(e) Negotiate and contract with any liquidator,
rehabilitator, conservator, or ancillary receiver to carry
out the powers and duties of the Association.
(f) Take such legal action as may be necessary to avoid
payment of improper claims.
(g) Exercise, for the purposes of this Article and to
the extent approved by the Director, the powers of a
domestic organization, but in no case may the Association
issue evidence of coverage other than that issued to
perform the contractual obligations of the impaired or
insolvent organization.
(h) Exercise all the rights of the Director under
Section 193(4) of the Illinois Insurance Code with respect
to covered health care plan certificates after the
association becomes obligated by statute.
(i) Request information from a person seeking coverage
from the Association in order to aid the Association in
determining its obligations under this Article with
respect to the person and the person shall promptly comply
with the request.
(j) Take other necessary or appropriate action to

discharge its duties and obligations under this Article or
to exercise its powers under this Article.
(10) The obligations of the Association under this Article
shall not relieve any reinsurer, insurer or other person of its
obligations to the insolvent organization (or its conservator,
rehabilitator, liquidator or similar official) or its
enrollees, including without limitation any reinsurer, insurer
or other person liable to the insolvent insurer (or its
conservator, rehabilitator, liquidator or similar official) or
its enrollees under any contract of reinsurance, any contract
providing stop loss coverage or similar coverage or any health
care contract. With respect to covered health care plan
certificates for which the Association becomes obligated after
an entry of an order of liquidation or rehabilitation, the
Association may elect to succeed to the rights of the insolvent
organization arising after the date of the order of liquidation
or rehabilitation under any contract of reinsurance, any
contract providing stop loss coverage or similar coverages or
any health care service contract to which the insolvent
organization was a party, on the terms set forth under such
contract, to the extent that such contract provides coverage
for health care services provided after the date of the order
of liquidation or rehabilitation. As a condition to making this
election, the Association must pay premiums for coverage
relating to periods after the date of the order of liquidation
or rehabilitation.

(11) The Association shall be entitled to collect premiums
due under or with respect to covered health care certificates
for a period from the date on which the domestic, foreign, or
alien organization became an insolvent organization until the
Association no longer has obligations under subsection (2) of
this Section with respect to such certificates. The
Association's obligations under subsection (2) of this Section
with respect to any covered health care plan certificates shall
terminate in the event that all such premiums due under or with
respect to such covered health care plan certificates are not
paid to the Association (i) within 30 days of the Association's
demand therefor, or (ii) in the event that such certificates
provide for a longer grace period for payment of premiums after
notice of non-payment or demand therefor, within the lesser of
(A) the period provided for in such certificates or (B) 60
days.
(12) The Board of Directors of the Association shall have
discretion and may exercise reasonable business judgment to
determine the means by which the Association is to provide the
benefits of this Article in an economical and efficient manner.
(13) Where the Association has arranged or offered to
provide the benefits of this Article to a covered person under
a plan or arrangement that fulfills the Association's
obligations under this Article, the person shall not be
entitled to benefits from the Association in addition to or
other than those provided under the plan or arrangement.

(14) Venue in a suit against the Association arising under
the Article shall be in Cook County. The Association shall not
be required to give any appeal bond in an appeal that relates
to a cause of action arising under this Article.
(Source: P.A. 95-331, eff. 8-21-07; 96-1450, eff. 8-20-10;
revised 9-16-10.)
Section 345. The Health Carrier External Review Act is
amended by changing Section 40 as follows:
(215 ILCS 180/40)
Sec. 40. Expedited external review.
(a) A covered person or a covered person's authorized
representative may file a request for an expedited external
review with the health carrier either orally or in writing:
(1) immediately after the date of receipt of a notice
prior to a final adverse determination as provided by
subsection (b) of Section 20 of this Act;
(2) immediately after the date of receipt of a notice
upon a final adverse determination as provided by
subsection (c) of Section 20 of this Act; or
(3) if a health carrier fails to provide a decision on
request for an expedited internal appeal within 48 hours as
provided by item (2) of Section 30 of this Act.
(b) Immediately upon receipt of the request for an
expedited external review as provided under subsections (b) and

(c) of Section 20, the health carrier shall determine whether
the request meets the reviewability requirements set forth in
items (1), (2), and (4) of subsection (b) of Section 35. In
such cases, the following provisions shall apply:
(1) The health carrier shall immediately notify the
covered person and, if applicable, the covered person's
authorized representative of its eligibility
determination.
(2) The notice of initial determination shall include a
statement informing the covered person and, if applicable,
the covered person's authorized representative that a
health carrier's initial determination that an external
review request is ineligible for review may be appealed to
the Director.
(3) The Director may determine that a request is
eligible for expedited external review notwithstanding a
health carrier's initial determination that the request is
ineligible and require that it be referred for external
review.
(4) In making a determination under item (3) of this
subsection (b), the Director's decision shall be made in
accordance with the terms of the covered person's health
benefit plan and shall be subject to all applicable
provisions of this Act.
(c) Upon determining that a request meets the requirements
of subsections (b) and (c) of Section 20, the health carrier

shall immediately assign an independent review organization
from the list of approved independent review organizations
compiled and maintained by the Director to conduct the
expedited review. In such cases, the following provisions shall
apply:
(1) The assignment of an approved independent review
organization to conduct an external review in accordance
with this Section shall be made from those approved
independent review organizations qualified to conduct
external review as required by Sections 50 and 55 of this
Act.
(2) Immediately upon assigning an independent review
organization to perform an expedited external review, but
in no case more than 24 hours after assigning the
independent review organization, the health carrier or its
designee utilization review organization shall provide or
transmit all necessary documents and information
considered in making the final adverse determination to the
assigned independent review organization electronically or
by telephone or facsimile or any other available
expeditious method.
(3) If the health carrier or its utilization review
organization fails to provide the documents and
information within the specified timeframe, the assigned
independent review organization may terminate the external
review and make a decision to reverse the adverse

determination or final adverse determination.
(4) Within one business day after making the decision
to terminate the external review and make a decision to
reverse the adverse determination or final adverse
determination under item (3) of this subsection (c), the
independent review organization shall notify the health
carrier, the covered person and, if applicable, the covered
person's authorized representative of its decision to
reverse the adverse determination.
(d) In addition to the documents and information provided
by the health carrier or its utilization review organization
and any documents and information provided by the covered
person and the covered person's authorized representative, the
independent review organization shall consider information as
required by subsection (i) of Section 35 of this Act in
reaching a decision.
(e) As expeditiously as the covered person's medical
condition or circumstances requires, but in no event more than
2 business days after the receipt of all pertinent information,
the assigned independent review organization shall:
(1) make a decision to uphold or reverse the final
adverse determination; and
(2) notify the health carrier, the covered person, the
covered person's health care provider, and if applicable,
the covered person's authorized representative, of the
decision.

(f) In reaching a decision, the assigned independent review
organization is not bound by any decisions or conclusions
reached during the health carrier's utilization review process
or the health carrier's internal grievance process as set forth
in the Managed Care Reform and Patient Rights Act.
(g) Upon receipt of notice of a decision reversing the
final adverse determination, the health carrier shall
immediately approve the coverage that was the subject of the
final adverse determination.
(h) Within 48 hours after the date of providing the notice
required in item (2) of subsection (e), the assigned
independent review organization shall provide written
confirmation of the decision to the health carrier, the covered
person, and if applicable, the covered person's authorized
representative including the information set forth in
subsection (j) of Section 35 of this Act as applicable.
(i) An expedited external review may not be provided for
retrospective adverse or final adverse determinations.
(Source: P.A. 96-857, eff. 7-1-10; revised 9-16-10.)
Section 350. The Public Utilities Act is amended by
changing Section 8-505.1 and by setting forth and renumbering
multiple versions of Section 13-900.1 as follows:
(220 ILCS 5/8-505.1)
Sec. 8-505.1. Non-emergency vegetation management

activities.
(a) Except as provided in subsections (b), (c), and (d), in
conducting its non-emergency vegetation management activities,
an electric public utility shall:
(1) Follow the most current tree care and maintenance
standard practices set forth in ANSI A300 published by the
American National Standards Institute and the most current
applicable Occupational Safety and Health Administration
regulations regarding worker safety.
(2) Provide direct notice of vegetation management
activities no less than 21 days nor more than 90 days
before the activities begin.
(A) If the vegetation management activities will
occur in an incorporated municipality, the notice must
be given to the mayor or his or her designee.
(B) If the vegetation management activities will
occur in an unincorporated area, the notice must be
given to the chairman of the county board or his or her
designee.
(C) Affected customers shall be notified directly.
(D) Affected property owners shall be notified by a
published notice in a newspaper or newspapers in
general circulation and widely distributed within the
entire area in which the vegetation management
activities notice will occur.
(E) Circuit maps or a description by common address

of the area to be affected by vegetation management
activities must accompany any notice to a mayor or his
or her designee or to a chairman of a county board or
his or her designee.
(3) The electric public utility giving the direct and
published notices required in this subsection (a)(2) shall
provide notified customers and property owners with (i) a
statement of the vegetation management activities planned,
(ii) the address of a website and a toll-free telephone
number at which a written disclosure of all dispute
resolution opportunities and processes, rights, and
remedies provided by the electric public utility may be
obtained, (iii) a statement that the customer and the
property owner may appeal the planned vegetation
management activities through the electric public utility
and the Illinois Commerce Commission, (iv) a toll-free
telephone number through which communication may be had
with a representative of the electric public utility
regarding the vegetation management activities, and (v)
the telephone number of the Consumer Affairs Officer of the
Illinois Commerce Commission. The notice shall also
include a statement that circuit maps and common addresses
of the area to be affected by the vegetation management
activities are on file with the office of the mayor of an
affected municipality or his or her designee and the office
of the county board chairman of an affected county or his

or her designee.
The Commission shall have sole authority to investigate,
issue, and hear complaints against the utility under this
subsection (a).
(b) A public utility shall not be required to comply with
the requirements of subsection (d) or of paragraph paragraphs
(2) and (3) of subsection (a) when it is taking actions
directly related to an emergency to restore reliable service
after interruptions of service.
(c) A public utility shall not be required to comply with
the requirements of subsection (a) or (d) if there is a
franchise, contract, or written agreement between the public
utility and the municipality or county mandating specific
vegetation management practices. If the franchise, contract,
or written agreement between the public utility and the
municipality or county establishes requirements for notice to
the municipality, county, customers, and property owners,
those notice requirements shall control over the notice
requirements of paragraph paragraphs (2) and (3) of subsection
(a). If the franchise, contract, or written agreement between
the public utility and the municipality or county does not
establish notice requirements, the notice requirements
contained in paragraph paragraphs (2) and (3) of subsection (a)
shall control.
(d) If no franchise, contract, or written agreement between
a utility and a municipality mandates a specific vegetation

management practice and the municipality enacts an ordinance
establishing standards for non-emergency vegetation management
practices that are contrary to the standards established by
this Section and the vegetation management activities of the
electric public utility cost substantially more, as a direct
consequence, then the electric public utility may, before
vegetation management activities begin, apply to the
municipality for an agreement to pay the additional cost. When
an application for an agreement is made to the municipality, no
vegetation management activities shall begin until the
municipality responds to the application by agreement or
rejection or dispute resolution proceedings are completed. The
application shall be supported by a detailed specification of
the difference between the standards established by this
Section and the contrary standards established by the municipal
ordinances and by a good faith bid or proposal obtained from a
utility contractor or contractors quantifying the additional
cost for performing the specification. When the municipality
receives the specification and the utility contractor's bid or
proposal, the municipality shall agree, reject, or initiate
dispute resolution proceedings regarding the application
within 90 days after the application's receipt. If the
municipality does not act within 90 days or informs the utility
that it will not agree, the electric public utility may proceed
and need not comply with the contrary ordinance standard. When
there is a dispute regarding (i) the accuracy of the

specification, (ii) whether there is a conflict with the
standards established by this Section, or (iii) any aspect of
the bid or proposal process, the Illinois Commerce Commission
shall hear and resolve the disputed matter or matters, with the
electric public utility having the burden of proof. A
municipality may have a person trained in tree care and
maintenance generally monitor and discuss with the vegetation
management supervisory personnel of the electric public
utility the performance of the public utility's vegetation
management activities without any claim for costs hereunder by
the public utility arising therefrom.
The provisions of this Section shall not in any way
diminish or replace other civil or administrative remedies
available to a customer or class of customers or a property
owner or class of property owners under this Act. This Section
does not alter the jurisdiction of the Illinois Commerce
Commission in any manner except to obligate the Commission to
investigate, issue, and hear complaints against an electric
public utility as provided in subsection (a)(2) (a)(3) and to
hear and resolve disputed matters brought to it as provided in
this subsection. Vegetation management activities by an
electric public utility shall not alter, trespass upon, or
limit the rights of any property owner.
(Source: P.A. 91-902, eff. 7-6-00; 92-214, eff. 8-2-01; revised
9-16-10.)

(220 ILCS 5/13-900.1)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-900.1. Authority over 9-1-1 rates and terms of
service. Notwithstanding any other provision of this Article,
the Commission retains its full authority over the rates and
service quality as they apply to 9-1-1 system providers,
including the Commission's existing authority over
interconnection with 9-1-1 system providers and 9-1-1 systems.
The rates, terms, and conditions for 9-1-1 service shall be
tariffed and shall be provided in the manner prescribed by this
Act and shall be subject to the applicable laws, including
rules or regulations adopted and orders issued by the
Commission or the Federal Communications Commission. The
Commission retains this full authority regardless of the
technologies utilized or deployed by 9-1-1 system providers.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-900.3)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-900.3 13-900.1. Regulatory flexibility for 9-1-1
system providers.
(a) For purposes of this Section, "Regional Pilot Project"
to implement next generation 9-1-1 has the same meaning as that
term is defined in Section 2.22 of the Emergency Telephone
System Act.
(b) For the limited purpose of a Regional Pilot Project to

implement next generation 9-1-1, as defined in Section 13-900
of this Article, the Commission may forbear from applying any
rule or provision of Section 13-900 as it applies to
implementation of the Regional Pilot Project to implement next
generation 9-1-1 if the Commission determines, after notice and
hearing, that: (1) enforcement of the rule is not necessary to
ensure the development and improvement of emergency
communication procedures and facilities in such a manner as to
be able to quickly respond to any person requesting 9-1-1
services from police, fire, medical, rescue, and other
emergency services; (2) enforcement of the rule or provision is
not necessary for the protection of consumers; and (3)
forbearance from applying such provisions or rules is
consistent with the public interest. The Commission may
exercise such forbearance with respect to one, and only one,
Regional Pilot Project as authorized by Sections 10 and 11 of
the Emergency Telephone Systems Act to implement next
generation 9-1-1.
(Source: P.A. 96-1443, eff. 8-20-10; revised 9-7-10.)
Section 355. The Environmental Health Practitioner
Licensing Act is amended by renumbering Section 99 as follows:
(225 ILCS 37/999)
(Section scheduled to be repealed on January 1, 2019)
Sec. 999 99. This Act takes effect July 1, 1993.

(Source: P.A. 87-1223; revised 2-22-10.)
Section 360. The Funeral Directors and Embalmers Licensing
Code is amended by changing Section 15-45 as follows:
(225 ILCS 41/15-45)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15-45. Practice without license; injunction; cease
and desist order; civil penalties.
(a) The practice of funeral directing and embalming or
funeral directing by any person who has not been issued a
license by the Department, whose license has been suspended or
revoked, or whose license has not been renewed is hereby
declared to be inimical to the public welfare and to constitute
a public nuisance. The Secretary may, in the name of the People
of the State of Illinois through the Attorney General of the
State of Illinois, or the State's Attorney of any county in the
State of Illinois, apply for an injunction in the circuit court
to enjoin any person who has not been issued a license or whose
license has been suspended or revoked, or whose license has not
been renewed, from practicing funeral directing and embalming
or funeral directing. Upon the filing of a verified complaint
in court, the court, if satisfied by affidavit or otherwise
that the person is or has been practicing funeral directing and
embalming or funeral directing without having been issued a
license or after his or her license has been suspended,

revoked, or not renewed, may issue a temporary restraining
order or preliminary injunction, without notice or bond,
enjoining the defendant from further practicing funeral
directing and embalming or funeral directing. A copy of the
verified complaint shall be served upon the defendant and the
proceedings shall thereafter be conducted as in other civil
cases. If it is established that the defendant has been or is
practicing funeral directing and embalming or funeral
directing without having been issued a license or has been or
is practicing funeral directing and embalming or funeral
directing after his or her license has been suspended, revoked,
or not renewed, the court may enter a judgment perpetually
enjoining the defendant from further practicing funeral
directing and embalming or funeral directing. In case of
violation of any injunction entered under this Section, the
court may summarily try and punish the offender for contempt of
court. Any injunction proceeding shall be in addition to, and
not in lieu of, all penalties and other remedies in this Code.
(b) Whenever, in the opinion of the Department, any person
or other entity violates any provision of this Code, the
Department may issue a notice to show cause why an order to
cease and desist should not be entered against that person or
other entity. The rule shall clearly set forth the grounds
relied upon by the Department and shall provide a period of 7
days from the date of the rule to file an answer to the
satisfaction of the Department. Failure to answer to the

satisfaction of the Department shall cause an order to cease
and desist to be issued immediately.
(c) (1) (Blank).
(2) (Blank).
(Source: P.A. 96-1463, eff. 1-1-11; revised 9-16-10.)
Section 365. The Illinois Optometric Practice Act of 1987
is amended by changing Section 26.14 as follows:
(225 ILCS 80/26.14) (from Ch. 111, par. 3926.14)
(Section scheduled to be repealed on January 1, 2017)
Sec. 26.14. All final administrative decisions of the
Department are subject to judicial review pursuant to the
provisions of the "Administrative Review Law", as amended, and
all rules are adopted pursuant thereto. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure 1 of the "Administrative Review Law".
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides; but if the party is not a resident of this
State, venue shall be Sangamon County.
(Source: P.A. 85-896; revised 9-27-10.)
Section 370. The Uniform Emergency Volunteer Health
Practitioners Act is amended by changing Section 11 as follows:

(225 ILCS 140/11)
Sec. 11. Workers' compensation coverage. A volunteer
health practitioner providing health or veterinary services
pursuant to this Act may be considered a volunteer in
accordance with subsection (k) of Section 10 of the Illinois
Emergency Management Agency Act for the purposes of workers'
worker's compensation coverage.
(Source: P.A. 96-983, eff. 1-1-11; revised 9-16-10.)
Section 375. The Illinois Explosives Act is amended by
changing Section 5001 as follows:
(225 ILCS 210/5001) (from Ch. 96 1/2, par. 1-5001)
Sec. 5001. Powers, duties, and functions of Department. In
addition to the powers, duties, and functions vested in the
Department by this Act, or by other laws of this State, the
Department shall have the full powers and authority to carry
out and administer this Act, including the following powers,
duties, and functions:
(a) To adopt reasonable rules consistent with this Act
to carry out the purposes and enforce the provisions of
this Act.
(b) To prescribe and furnish application forms,
licenses, certificates, and any other forms necessary
under this Act.
(c) To prescribe examinations which reasonably test

the applicant's knowledge of the safe and proper use,
storage, possession, handling, and transfer of explosive
materials.
(d) To establish and enforce reasonable standards for
the use, storage, disposal, and transfer of explosive
materials.
(e) To issue licenses and certificates to qualified
applicants who comply with the requirements of this Act and
its rules.
(f) To suspend, revoke, or refuse to issue or renew
licenses or certificates, or take other disciplinary
action, including the imposition of fines. All fines
collected under this Act shall be deposited into the
Explosives Regulatory Fund.
(g) To establish by rule the expiration and renewal
period for licenses and certificates issued under this Act,
and to establish and collect license and certificate
application fees, fees required by the Illinois State
Police for criminal identification purposes, and such
other fees as are authorized or necessary under this Act.
(h) To conduct and prescribe rules of procedure for
hearings under this Act.
(i) To appoint qualified inspectors to periodically
visit places where explosive materials may be stored or
used, and to make such other inspections as are necessary
to determine satisfactory compliance with this Act.

(j) To receive data and assistance from federal, State,
and local governmental agencies, and to obtain copies of
identification and arrest data from all federal, State, and
local law enforcement agencies for use in carrying out the
purposes and functions of the Department and this Act.
(k) To receive and respond to inquiries from the
industry, public, and agencies or instrumentalities of the
State, and to offer advice, make recommendations, and
provide monitoring services pertinent to such inquiries
regarding the safe and proper storage, handling, and use of
explosive materials.
(l) To inform, advise, and assist the State's Attorney
of the county where any noncompliance with or violation of
this Act occurs when the State's Attorney is seeking
criminal charges against a person pursuant to Section 5010
or 5011 of this Act.
(m) To bring an action in the name of the Department,
through the Attorney General of the State of Illinois,
whenever it appears to the Department that any person is
engaged or is about to engage in any acts or practices that
constitute or may constitute a violation of the provisions
of this Act or its rules, for an order enjoining such
violation or for an order enforcing compliance with this
Act. Upon filing of a verified petition in such court, the
court may issue a temporary restraining order without
notice or bond and may preliminarily or permanently enjoin

such violation. If it is established that such person has
violated or is violating the injunction, the court may
punish the offender for contempt of court. Proceedings
under this paragraph are in addition to, and not in lieu
of, all other remedies and penalties provided for by this
Act.
(n) The powers, duties, and functions vested in the
Department under the provisions of this Act shall not be
construed to affect in any manner the powers, duties, and
functions vested in the Department under any other provision of
law.
(Source: P.A. 96-1194, eff. 1-1-11; revised 9-16-10.)
Section 380. The Fire Sprinkler Contractor Licensing Act is
amended by changing Section 32 as follows:
(225 ILCS 317/32)
Sec. 32. Application for building permit; identity theft. A
person who knowingly, in the course of applying for a building
permit with a unit of local government, provides the license
number of a fire sprinkler contractor whom he or she does not
intend to have perform the work on the fire sprinkler portion
of the project commits identity theft under paragraph (9) (8)
of subsection (a) of Section 16G-15 of the Criminal Code of
1961.
(Source: P.A. 96-1455, eff. 8-20-10; revised 9-22-10.)

Section 385. The Professional Engineering Practice Act of
1989 is amended by changing Section 10 as follows:
(225 ILCS 325/10) (from Ch. 111, par. 5210)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10. Minimum standards for licensure as professional
engineer. To qualify for licensure as a professional engineer
each applicant shall be:
(a) A graduate of an approved engineering curriculum of
at least 4 years who submits acceptable evidence to the
Board of an additional 4 years or more of experience in
engineering work of a grade and character which indicate
that the individual may be competent to practice
professional engineering, and who has passed a nominal
8-hour written examination in the fundamentals of
engineering, and a nominal 8-hour written examination in
the principles and practice of engineering. Upon
submitting an application with proof of passing both
examinations, the applicant, if otherwise qualified, shall
be granted a license to practice professional engineering
in this State; or
(b) A graduate of a non-approved engineering
curriculum or a related science curriculum of at least 4
years and which meets the requirements as set forth by rule
by submitting an application to the Department for its

review and approval, who submits acceptable evidence to the
Board of an additional 8 years or more of experience in
engineering work of a grade and character which indicate
that the individual may be competent to practice
professional engineering, and who has passed a nominal
8-hour written examination in the fundamentals of
engineering and a nominal 8-hour written examination in the
principles and practice of engineering. Upon submitting
the application with proof of passing both examinations,
the applicant, if otherwise qualified, shall be granted a
license to practice professional engineering in this
State; or
(c) An Illinois engineer intern, by application and
payment of the required fee, may then take the nominal
8-hour written examination in the principles and practice
of engineering. If the applicant passes that examination
and submits evidence to the Board that meets the experience
qualification of subsection (a) or (b) of this Section, the
applicant, if otherwise qualified, shall be granted a
license to practice professional engineering in this
State.
(d) When considering an applicant's qualifications for
licensure under this Act, the Department may take into
consideration whether an applicant has engaged in conduct or
actions that would constitute a violation of the Standards of
Professional Conduct for this Act as provided for by

administrative rules.
(Source: P.A. 96-626, eff. 8-24-09; 96-850, eff. 6-1-10;
revised 10-18-10.)
Section 390. The Illinois Professional Land Surveyor Act of
1989 is amended by changing Section 5 as follows:
(225 ILCS 330/5) (from Ch. 111, par. 3255)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5. Practice of land surveying defined. Any person who
practices in Illinois as a professional land surveyor who
renders, offers to render, or holds himself or herself out as
able to render, or perform any service, the adequate
performance of which involves the special knowledge of the art
and application of the principles of the accurate and precise
measurement of length, angle, elevation or volume,
mathematics, the related physical and applied sciences, and the
relevant requirements of law, all of which are acquired by
education, training, experience, and examination. Any one or
combination of the following practices constitutes the
practice of land surveying:
(a) Establishing or reestablishing, locating,
defining, and making or monumenting land boundaries or
title or real property lines and the platting of lands and
subdivisions;
(b) Establishing the area or volume of any portion of

the earth's surface, subsurface, or airspace with respect
to boundary lines, determining the configuration or
contours of any portion of the earth's surface, subsurface,
or airspace or the location of fixed objects thereon,
except as performed by photogrammetric methods or except
when the level of accuracy required is less than the level
of accuracy required by the National Society of
Professional Surveyors Model Standards and Practice;
(c) Preparing descriptions for the determination of
title or real property rights to any portion or volume of
the earth's surface, subsurface, or airspace involving the
lengths and direction of boundary lines, areas, parts of
platted parcels or the contours of the earth's surface,
subsurface, or airspace;
(d) Labeling, designating, naming, or otherwise
identifying legal lines or land title lines of the United
States Rectangular System or any subdivision thereof on any
plat, map, exhibit, photograph, photographic composite, or
mosaic or photogrammetric map of any portion of the earth's
surface for the purpose of recording the same in the Office
of Recorder in any county;
(e) Any act or combination of acts that would be viewed
as offering professional land surveying services
including:
(1) setting monuments which have the appearance of
or for the express purpose of marking land boundaries,

either directly or as an accessory;
(2) providing any sketch, map, plat, report,
monument record, or other document which indicates
land boundaries and monuments, or accessory monuments
thereto, except that if the sketch, map, plat, report,
monument record, or other document is a copy of an
original prepared by a Professional Land Surveyor, and
if proper reference to that fact be made on that
document;
(3) performing topographic surveys, with the
exception of a licensed professional engineer
knowledgeable in topographical surveys that performs a
topographical survey specific to his or her design
project. A licensed professional engineer may not,
however, offer topographic surveying services that are
independent of his or her specific design project; or
(4) locating, relocating, establishing,
re-establishing, retracing, laying out, or staking of
the location, alignment, or elevation of any proposed
improvements whose location is dependent dependant
upon property lines;
(f) Determining the horizontal or vertical position or
state plane coordinates for any monument or reference point
that marks a title or real property line, boundary, or
corner, or to set, reset, or replace any monument or
reference point on any title or real property;

(g) Creating, preparing, or modifying electronic or
computerized data or maps, including land information
systems and geographic information systems, relative to
the performance of activities in items (a), (b), (d), (e),
(f), and (h) of this Section, except where electronic means
or computerized data is otherwise utilized to integrate,
display, represent, or assess the created, prepared, or
modified data;
(h) Establishing or adjusting any control network or
any geodetic control network or cadastral data as it
pertains to items (a) through (g) of this Section together
with the assignment of measured values to any United States
Rectangular System corners, title or real property corner
monuments or geodetic monuments;
(i) Preparing and attesting to the accuracy of a map or
plat showing the land boundaries or lines and marks and
monuments of the boundaries or of a map or plat showing the
boundaries of surface, subsurface, or air rights;
(j) Executing and issuing certificates, endorsements,
reports, or plats that portray the horizontal or vertical
relationship between existing physical objects or
structures and one or more corners, datums, or boundaries
of any portion of the earth's surface, subsurface, or
airspace;
(k) Acting in direct supervision and control of land
surveying activities or acting as a manager in any place of

business that solicits, performs, or practices land
surveying;
(l) Offering or soliciting to perform any of the
services set forth in this Section;
In the performance of any of the foregoing functions, a
licensee shall adhere to the standards of professional conduct
enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in
this Section imposes upon a person licensed under this Act the
responsibility for the performance of any of the foregoing
functions unless such person specifically contracts to perform
such functions.
(Source: P.A. 96-626, eff. 8-24-09; 96-1000, eff. 7-2-10;
revised 9-16-10.)
Section 395. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by
changing the title of the Act and Sections 1-4, 3E-2, and 4-1
as follows:
(225 ILCS 410/Act title)
An Act in relation to professional regulation the practices
of barbering, cosmetology, esthetics, and nail technology.
(225 ILCS 410/1-4)
(Section scheduled to be repealed on January 1, 2016)
Sec. 1-4. Definitions. In this Act the following words

shall have the following meanings:
"Board" means the Barber, Cosmetology, Esthetics, and Nail
Technology Board.
"Department" means the Department of Financial and
Professional Regulation.
"Licensed barber" means an individual licensed by the
Department to practice barbering as defined in this Act and
whose license is in good standing.
"Licensed barber clinic teacher" means an individual
licensed by the Department to practice barbering, as defined in
this Act, and to provide clinical instruction in the practice
of barbering in an approved school of barbering.
"Licensed cosmetologist" means an individual licensed by
the Department to practice cosmetology, nail technology, and
esthetics as defined in this Act and whose license is in good
standing.
"Licensed esthetician" means an individual licensed by the
Department to practice esthetics as defined in this Act and
whose license is in good standing.
"Licensed nail technician" means any individual licensed
by the Department to practice nail technology as defined in
this Act and whose license is in good standing.
"Licensed barber teacher" means an individual licensed by
the Department to practice barbering as defined in this Act and
to provide instruction in the theory and practice of barbering
to students in an approved barber school.

"Licensed cosmetology teacher" means an individual
licensed by the Department to practice cosmetology, esthetics,
and nail technology as defined in this Act and to provide
instruction in the theory and practice of cosmetology,
esthetics, and nail technology to students in an approved
cosmetology, esthetics, or nail technology school.
"Licensed cosmetology clinic teacher" means an individual
licensed by the Department to practice cosmetology, esthetics,
and nail technology as defined in this Act and to provide
clinical instruction in the practice of cosmetology,
esthetics, and nail technology in an approved school of
cosmetology, esthetics, or nail technology.
"Licensed esthetics teacher" means an individual licensed
by the Department to practice esthetics as defined in this Act
and to provide instruction in the theory and practice of
esthetics to students in an approved cosmetology or esthetics
school.
"Licensed esthetics clinic teacher" means an individual
licensed by the Department to practice esthetics as defined in
this Act and to provide clinical instruction in the practice of
esthetics in an approved school of cosmetology or an approved
school of esthetics.
"Licensed hair braider" means any individual licensed by
the Department to practice hair braiding as defined in Section
3E-1 and whose license is in good standing.
"Licensed hair braiding teacher" means an individual

licensed by the Department to practice hair braiding and to
provide instruction in the theory and practice of hair braiding
to students in an approved cosmetology school.
"Licensed nail technology teacher" means an individual
licensed by the Department to practice nail technology and to
provide instruction in the theory and practice of nail
technology to students in an approved nail technology school or
cosmetology school.
"Licensed nail technology clinic teacher" means an
individual licensed by the Department to practice nail
technology as defined in this Act and to provide clinical
instruction in the practice of nail technology in an approved
school of cosmetology or an approved school of nail technology.
"Enrollment" is the date upon which the student signs an
enrollment agreement or student contract.
"Enrollment agreement" or "student contract" is any
agreement, instrument, or contract however named, which
creates or evidences an obligation binding a student to
purchase a course of instruction from a school.
"Enrollment time" means the maximum number of hours a
student could have attended class, whether or not the student
did in fact attend all those hours.
"Elapsed enrollment time" means the enrollment time
elapsed between the actual starting date and the date of the
student's last day of physical attendance in the school.
"Secretary" means the Secretary of the Department of

Financial and Professional Regulation.
"Threading" means any technique that results in the removal
of superfluous hair from the body by twisting thread around
unwanted hair and then pulling it from the skin; and may also
include the incidental trimming of eyebrow hair.
(Source: P.A. 96-1076, eff. 7-16-10; 96-1246, eff. 1-1-11;
revised 9-2-10.)
(225 ILCS 410/3E-2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3E-2. Hair braider licensure; qualifications.
(a) A person is qualified to receive a license as a hair
braider if he or she has filed an application on forms provided
by the Department, paid the required fees, and meets the
following qualifications:
(1) Is at least 16 years of age;
(2) Is beyond the age of compulsory school attendance
or has received a certificate of graduation from a school
providing secondary education, or the recognized
equivalent of that certificate; and
(3) Has completed a program consisting of a minimum of
300 clock hours or a 10 credit hour equivalency of
instruction, as defined by rule, in a licensed cosmetology
school teaching a hair braiding curriculum or in a licensed
hair braiding school as follows:
(A) Basic training consisting of 35 hours of

classroom instruction in general theory, practical
application, and technical application in the
following subject areas: history of hair braiding,
personal hygiene and public health, professional
ethics, disinfection and sanitation, bacteriology,
disorders and diseases of the hair and scalp, OSHA
standards relating to material safety data sheets
(MSDS) on chemicals, hair analysis and scalp care, and
technical procedures;
(B) Related concepts consisting of 35 hours of
classroom instruction in the following subject areas:
Braid removal and scalp care; basic styling knowledge;
tools and equipment; growth patterns, styles and
sectioning; client consultation and face shapes; and
client education, pre-care, post-care, home care and
follow-up services;
(C) Practices and procedures consisting of 200
hours of instruction, which shall be a combination of
classroom instruction and clinical practical
application, in the following subject areas: single
braids with and without extensions; cornrows with and
without extensions; twists and knots; multiple
strands; hair locking; weaving/sewn-in; other
procedures as they relate to hair-braiding; and
product knowledge as it relates to hair braiding; and
(D) Business practices consisting of 30 hours of

classroom instruction in the following subject areas:
Illinois Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 and Rules;
salon management; human relations and salesmanship;
and Workers' Compensation Act.
(b) The expiration date and renewal period for each license
issued under this Act shall be set by rule.
(c) Within 2 years after the effective date of this
amendatory Act of the 96th General Assembly, the Department may
issue a hair braider license to any applicant who does not meet
the requirements of items (2) and (3) of subsection (a) of this
Section if the applicant: (1) files an application in
accordance with subsection (a), (2) pays the required fee, (3)
has not committed an offense that would be grounds for
discipline under this Act, and (4) is able to demonstrate to
the Department through tax records or affidavits that he or she
has practiced hair braiding for at least 2 consecutive years
immediately prior to the date of his or her application.
A hair braider who obtains his or her license under this
subsection (c) may renew his or her license if he or she
applies to the Department for renewal and has completed at
least 65 hours of relevant training in health, safety, hygiene,
and business management in accordance with the requirements of
this Section or any rule adopted pursuant to this Section. A
hair braider who renews his or her license under this
subsection (c) may thereafter only renew his or her license if

he or she meets the requirements of Section 3E-5 of this Act.
(Source: P.A. 96-1246, eff. 1-1-11; revised 10-19-10.)
(225 ILCS 410/4-1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4-1. Powers and duties of Department. The Department
shall exercise, subject to the provisions of this Act, the
following functions, powers and duties:
(1) To cause to be conducted examinations to ascertain
the qualifications and fitness of applicants for licensure
as cosmetologists, estheticians, nail technicians, hair
braiders, or barbers and as cosmetology, esthetics, nail
technology, hair braiding, or barber teachers.
(2) To determine the qualifications for licensure as
(i) a cosmetologist, esthetician, nail technician, hair
braider, or barber, or (ii) a cosmetology, esthetics, nail
technology, hair braiding, or barber teacher, or (iii) a
cosmetology, esthetics, hair braiding, or nail technology
clinic teacher for persons currently holding similar
licenses outside the State of Illinois or the continental
U.S.
(3) To prescribe rules for:
(i) The method of examination of candidates for
licensure as a cosmetologist, esthetician, nail
technician, hair braider, or barber or cosmetology,
esthetics, nail technology, hair braiding, or barber

teacher.
(ii) Minimum standards as to what constitutes an
approved cosmetology, esthetics, nail technology, hair
braiding, or barber school.
(4) To conduct investigations or hearings on
proceedings to determine disciplinary action.
(5) To prescribe reasonable rules governing the
sanitary regulation and inspection of cosmetology,
esthetics, nail technology, hair braiding, or barber
schools, salons, or shops.
(6) To prescribe reasonable rules for the method of
renewal for each license as a cosmetologist, esthetician,
nail technician, hair braider, or barber or cosmetology,
esthetics, nail technology, hair braiding, or barber
teacher or cosmetology, esthetics, hair braiding, or nail
technology clinic teacher.
(7) To prescribe reasonable rules for the method of
registration, the issuance, fees, renewal and discipline
of a certificate of registration for the ownership or
operation of cosmetology, esthetics, hair braiding, and
nail technology salons and barber shops.
(8) To adopt rules concerning sanitation requirements,
requirements for education on sanitation, and any other
health concerns associated with threading.
(Source: P.A. 96-1076, eff. 7-16-10; 96-1246, eff. 1-1-11;
revised 9-2-10.)

Section 400. The Community Association Manager Licensing
and Disciplinary Act is amended by changing Sections 85 and 95
as follows:
(225 ILCS 427/85)
(Section scheduled to be repealed on January 1, 2020)
Sec. 85. Grounds for discipline; refusal, revocation, or
suspension.
(a) The Department may refuse to issue or renew, or may
revoke a license, or may suspend, place on probation, fine, or
take any disciplinary or non-disciplinary action as the
Department may deem proper, including fines not to exceed
$10,000 for each violation, with regard to any licensee for any
one or combination of the following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act or its rules.
(3) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof or a
misdemeanor of which an essential element is dishonesty or
that is directly related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this Act
or its rules.

(5) Professional incompetence.
(6) Gross negligence.
(7) Aiding or assisting another person in violating any
provision of this Act or its rules.
(8) Failing, within 30 days, to provide information in
response to a request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department.
(10) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
(11) Discipline by another state, territory, or
country if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
in this Act.
(12) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary

status, has violated the terms of probation.
(14) Willfully making or filing false records or
reports relating to a licensee's practice, including but
not limited to false records filed with any State or
federal agencies or departments.
(15) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and upon
proof by clear and convincing evidence that the licensee
has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting Act.
(16) Physical illness or mental illness or impairment,
including, but not limited to, deterioration through the
aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(17) Solicitation of professional services by using
false or misleading advertising.
(18) A finding that licensure has been applied for or
obtained by fraudulent means.
(19) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(20) Gross overcharging for professional services
including, but not limited to, (i) collection of fees or
moneys for services that are not rendered; and (ii)

charging for services that are not in accordance with the
contract between the licensee and the community
association.
(21) Improper commingling of personal and client funds
in violation of this Act or any rules promulgated thereto.
(22) Failing to account for or remit any moneys or
documents coming into the licensee's possession that
belong to another person or entity.
(23) Giving differential treatment to a person that is
to that person's detriment because of race, color, creed,
sex, religion, or national origin.
(24) Performing and charging for services without
reasonable authorization to do so from the person or entity
for whom service is being provided.
(25) Failing to make available to the Department, upon
request, any books, records, or forms required by this Act.
(26) Purporting to be a licensee-in-charge of an agency
without active participation in the agency.
(27) Failing to make available to the Department at the
time of the request any indicia of licensure or
registration issued under this Act.
(b) In accordance with subdivision (a)(5) of Section 15 of
the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois (20 ILCS 2105/2105-15), the
Department shall deny a license or renewal authorized by this
Act to a person who has defaulted on an educational loan or

scholarship provided or guaranteed by the Illinois Student
Assistance Commission or any governmental agency of this State.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
terminate only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume his or her
practice as a licensed community association manager.
(d) In accordance with subsection (g) of Section 15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois (20 ILCS 2105/2105-15), the
Department may refuse to issue or renew or may suspend the
license of any person who fails to file a return, to pay the
tax, penalty, or interest shown in a filed return, or to pay
any final assessment of tax, penalty, or interest, as required
by any tax Act administered by the Department of Revenue, until
such time as the requirements of that tax Act are satisfied.
(e) In accordance with subdivision (a)(5) of Section 15 of
the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois (20 ILCS 2105/2105-15) and in
cases where the Department of Healthcare and Family Services
(formerly Department of Public Aid) has previously determined

that a licensee or a potential licensee is more than 30 days
delinquent in the payment of child support and has subsequently
certified the delinquency to the Department may refuse to issue
or renew or may revoke or suspend that person's license or may
take other disciplinary action against that person based solely
upon the certification of delinquency made by the Department of
Healthcare and Family Services.
(f) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
or denial of his or her application or renewal until the
individual submits to the examination if the Department finds,

after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
deny, or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable

federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 96-726, eff. 7-1-10; revised 9-16-10.)
(225 ILCS 427/95)
(Section scheduled to be repealed on January 1, 2020)
Sec. 95. Investigation; notice and hearing. The Department
may investigate the actions or qualifications of a person,
entity or other business holding or claiming to hold a license.
Before suspending, revoking, placing on probationary status,
or taking any other disciplinary action as the Department may
deem proper with regard to any license, at least 30 days before
the date set for the hearing, the Department shall (i) notify
the accused in writing of any charges made and the time and
place for a hearing on the charges before the Board, (ii)
direct the individual or entity to file a written answer to the
charges with the Board under oath within 20 days after the
service on him or her of such notice, and (iii) inform the
person, entity or other business that if the person, entity, or
other business fails to file an answer, default will be taken
against such person, entity, or other business and the license

of such person, entity, or other business may be suspended,
revoked, placed on probationary status, or other disciplinary
action taken with regard to the license, including limiting the
scope, nature, or extent of his or her practice, as the
Department may deem proper. In case the person, after receiving
notice, fails to file an answer, his or her license may, in the
discretion of the Department, be suspended, revoked, placed on
probationary status, or the Department may take whatever
disciplinary action deemed proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act. Written notice may be served by personal delivery or
by registered or certified mail to the applicant or licensee at
his or her last address of record with the Department. In case
the person fails to file an answer after receiving notice, his
or her license may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action deemed
proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. The written answer
shall be served by personal delivery, certified delivery, or
certified or registered mail to the Department. At the time and
place fixed in the notice, the Department shall proceed to hear

the charges and the parties or their counsel shall be accorded
ample opportunity to present such statements, testimony,
evidence, and argument as may be pertinent to the charges or to
the defense thereto. The Department may continue such hearing
from time to time. At the discretion of the Secretary after
having first received the recommendation of the Board, the
accused person's license may be suspended or revoked, if the
evidence constitutes sufficient grounds for such action under
this Act.
(Source: P.A. 96-726, eff. 7-1-10; revised 9-16-10.)
Section 405. The Debt Settlement Consumer Protection Act is
amended by changing Sections 30 and 125 as follows:
(225 ILCS 429/30)
Sec. 30. Renewal of license. (a) Each debt settlement
provider under the provisions of this Act may make application
to the Secretary for renewal of its license, which application
for renewal shall be on the form prescribed by the Secretary
and shall be accompanied by a fee of $1,000 together with a
bond or other surety as required, in a minimum amount of
$100,000 or an amount as required by the Secretary based on the
amount of disbursements made by the licensee in the previous
year. The application must be received by the Department no
later than December 1 of the year preceding the year for which
the application applies.

(Source: P.A. 96-1420, eff. 8-3-10; revised 9-16-10.)
(225 ILCS 429/125)
Sec. 125. Fees.
(a) A debt settlement provider shall not charge fees of any
type or receive compensation from a consumer in a type, amount,
or timing other than fees or compensation permitted in this
Section.
(b) A debt settlement provider shall not charge or receive
from a consumer any enrollment fee, set up fee, up front fee of
any kind, or any maintenance fee, except for a one-time
enrollment fee of no more than $50.
(c) A debt settlement provider may charge a settlement fee,
which shall not exceed an amount greater than 15% of the
savings. If the amount paid by the debt settlement provider to
the creditor or negotiated by the debt settlement provider and
paid by the consumer to the creditor pursuant to a settlement
negotiated by the debt settlement provider on behalf of the
consumer as full and complete satisfaction of the creditor's
claim with regard to that debt is greater than the principal
amount of the debt, then the debt settlement provider shall not
be entitled to any settlement fee.
(d) A debt settlement provider shall not collect any
settlement fee from a consumer until a creditor enters into a
legally enforceable agreement to accept funds in a specific
dollar amount as full and complete satisfaction of the

creditor's claim with regard to that debt and those funds are
provided by the debt settlement provider on behalf of the
consumer or are provided directly by the consumer to the
creditor pursuant to a settlement negotiated by the debt
settlement provider.
(Source: P.A. 96-1420, eff. 8-3-10; revised 9-16-10.)
Section 410. The Real Estate License Act of 2000 is amended
by changing Sections 5-26 and 5-46 as follows:
(225 ILCS 454/5-26)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-26. Requirements for license as a salesperson.
(a) Every applicant for licensure as a salesperson must
meet the following qualifications:
(1) Be at least 21 years of age. The minimum age of 21
years shall be waived for any person seeking a license as a
real estate salesperson who has attained the age of 18 and
can provide evidence of the successful completion of at
least 4 semesters of post-secondary school study as a
full-time student or the equivalent, with major emphasis on
real estate courses, in a school approved by the
Department;
(2) Be of good moral character;
(3) Successfully complete a 4-year course of study in a
high school or secondary school approved by the Illinois

State Board of Education or an equivalent course of study
as determined by an examination conducted by the Illinois
State Board of Education, which shall be verified under
oath by the applicant;
(4) Provide satisfactory evidence of having completed
at least 45 hours of instruction in real estate courses
approved by the Advisory Council, except applicants who are
currently admitted to practice law by the Supreme Court of
Illinois and are currently in active standing;
(5) Personally Shall personally take and pass a written
examination authorized by the Department; and
(6) Present a valid application for issuance of a
license accompanied by a sponsor card and the fees
specified by rule.
(b) No applicant shall engage in any of the activities
covered by this Act until a valid sponsor card has been issued
to the applicant. The sponsor card shall be valid for a maximum
period of 45 days after the date of issuance unless extended
for good cause as provided by rule.
(c) All licenses should be readily available to the public
at their sponsoring place of business.
(d) No new salesperson licenses shall be issued after April
30, 2011 and all existing salesperson licenses shall terminate
on May 1, 2012.
(Source: P.A. 96-856, eff. 12-31-09; revised 9-16-10.)

(225 ILCS 454/5-46)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-46. Transition from salesperson's license to
broker's license.
(a) No new salesperson licenses shall be issued by the
Department after April 30, 2011 and existing salesperson
licenses shall end as of 11:59 p.m. on April 30, 2012. The
following transition rules shall apply to individuals holding a
salesperson's license as of April 30, 2011 and seeking to
obtain a broker's license. The individual must:
(1) provide evidence of having completed 30 hours of
post-license education in courses approved by the Advisory
Council and having passed a written examination approved by
the Department and administered by a licensed pre-license
school; or
(2) provide evidence of passing a Department-approved
proficiency examination administered by a licensed
pre-license school, which proficiency examination may only
be taken one time by any one individual salesperson; and
(3) present a valid application for a broker's license
no later than April 30, 2012 accompanied by a sponsor card
and the fees specified by rule.
(b) The education requirements specified in clause (1) of
subsection (a) of this Section do not apply to applicants who
are currently admitted to practice law by the Supreme Court of
Illinois and are currently in active standing.

(c) No applicant may engage in any of the activities
covered by this Act until a valid sponsor card has been issued
to such applicant. The sponsor card shall be valid for a
maximum period of 45 days after the date of issuance unless
extended for good cause as provided by rule.
(Source: P.A. 96-856, eff. 12-31-09; revised 9-16-10.)
Section 415. The Real Estate Appraiser Licensing Act of
2002 is amended by changing Section 15-20 as follows:
(225 ILCS 458/15-20)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-20. Administrative Review Law; certification fees;
Illinois Administrative Procedure Act.
(a) All final administrative decisions of the Secretary
under this Act are subject to judicial review pursuant to the
provisions of the Administrative Review Law and the rules
adopted pursuant thereto. The term "administrative decision"
has the meaning ascribed to it in Section 3-101 of the
Administrative Review Law.
(b) The Department shall not be required to certify any
record, file any answer or otherwise appear unless the party
filing the administrative review complaint pays the
certification fee to the Department as provided by rule.
Failure on the part of the plaintiff to make such a deposit
shall be grounds for dismissal of the action.

(c) The Illinois Administrative Procedure Procedures Act
is hereby expressly adopted and incorporated herein. In the
event of a conflict between this Act and the Illinois
Administrative Procedure Procedures Act, this Act shall
control.
(Source: P.A. 96-844, eff. 12-23-09; revised 9-16-10.)
Section 420. The Weights and Measures Act is amended by
changing Sections 8.1 and 56.1 as follows:
(225 ILCS 470/8.1)
Sec. 8.1. Registration of servicepersons, service agents,
and special sealers. No person, firm, or corporation shall
sell, install, service, recondition or repair a weighing or
measuring device used in trade or commerce without first
obtaining a certificate of registration. Applications by
individuals for a certificate of registration shall be made to
the Department, shall be in writing on forms prescribed by the
Department, and shall be accompanied by the required fee.
Each application shall provide such information that will
enable the Department to pass on the qualifications of the
applicant for the certificate of registration. The information
requests shall include present residence, location of the
business to be licensed under this Act, whether the applicant
has had any previous registration under this Act or any
federal, state, county, or local law, ordinance, or regulation

relating to servicepersons and service Agencies, whether the
applicant has ever had a registration suspended or revoked,
whether the applicant has been convicted of a felony, and such
other information as the Department deems necessary to
determine if the applicant is qualified to receive a
certificate of registration.
Before any certificate of registration is issued, the
Department shall require the registrant to meet the following
qualifications:
(1) Has possession of or available for use weights and
measures, standards, and testing equipment appropriate in
design and adequate in amount to provide the services for
which the person is requesting registration.
(2) Passes a qualifying examination for each type of
weighing or measuring device he intends to install,
service, recondition, or repair.
(3) Demonstrates a working knowledge of weighing and
measuring devices for which he intends to be registered.
(4) Has a working knowledge of all appropriate weights
and measures laws and their rules and regulations.
(5) Has available a current copy of National Institute
of Standards and Technology Handbook 44.
(6) Pays the prescribed registration fee for the type
of registration:
(A) The annual fee for a Serviceperson Certificate
of Registration shall be $30.

(B) The annual fee for a Special Sealer Certificate
of Registration shall be $100.
(C) The annual fee for a Service Agency Certificate
of Registration shall be $100.
"Registrant" means any individual, partnership,
corporation, agency, firm, or company registered by the
Department who installs, services, repairs, or reconditions,
for hire, award, commission, or any other payment of any kind,
any commercial weighing or measuring device.
"Commercial weighing and measuring device" means any
weight or measure or weighing or measuring device commercially
used or employed (i) in establishing size, quantity, extent,
area, or measurement of quantities, things, produce, or
articles for distribution or consumption which are purchased,
offered, or submitted for sale, hire, or award, or (ii) in
computing any basic charge or payment for services rendered,
except as otherwise excluded by Section 2 of this Act, and
shall also include any accessory attached to or used in
connection with a commercial weighing or measuring device when
the accessory is so designed or installed that its operation
affects, or may affect, the accuracy of the device.
"Serviceperson" means any individual who sells, installs,
services, repairs, or reconditions, for hire, award,
commission, or any other payment of kind, a commercial weighing
or measuring device.
"Service agency" means any individual, agency, firm,

company, or corporation that, for hire, award, commission, or
any other payment of any kind, sells, installs, services,
repairs, or reconditions a commercial weighing or measuring
device.
"Special sealer" means any serviceperson who is allowed to
service only one service agency's liquid petroleum meters or
liquid petroleum measuring devices.
Each registered service agency and serviceperson shall
have report forms, known as "Placed in Service Reports". An
original and 2 copies of these forms shall be executed and
shall include the assigned registration number (in the case
where a registered serviceperson is representing a registered
service agency both assigned registration numbers shall be
included), and shall be signed by a registered serviceperson or
by a registered serviceperson representing a registered
service agency for each rejected or repaired device restored to
service and for each newly installed device placed in service.
Whenever a registered serviceperson or special sealer places
into service a weighing or measuring device, there shall be
affixed to the device indicator a decal provided by the
Department that indicates the device accuracy.
Within 5 days after a device is restored to service or
placed in service, the original of a properly executed "Placed
in Service Report", together with any official rejection tag or
seal removed from the device, shall be mailed to the
Department. A copy of the report shall be handed to the owner

or operator of the device and a copy of the report shall be
retained by the service agency or serviceperson.
All field standards that are used for servicing and testing
weights and measures devices for which competence is registered
shall be submitted to the Director for initial and subsequent
verification and calibration at least once every 2 years or as
otherwise determined by the Director. When servicing
commercial weighing or measuring devices, a registered
serviceperson or registered service agency shall not use any
field standards or testing equipment that have not been
calibrated or verified by the Director. In lieu of submission
of physical standards, the Director may accept calibration
reports, verification reports, or both from any laboratory that
is formally accredited or recognized. The Director shall
maintain a list of organizations from which the Department will
accept calibration reports. The Department shall retain the
right to monitor periodically calibration results, to verify
field standard compliance to specifications and tolerance when
field standards are initially placed into service or at any
intermediate point between calibration, or both.
Persons working as apprentices are not subject to
registration if they work with and under the supervision of a
registered serviceperson.
The Director is authorized to promulgate, after public
hearing, rules and regulations necessary to enforce the
provisions of this Section.

For good cause and after a hearing upon reasonable notice,
the Director may deny any application for registration or any
application for renewal of registration, or may revoke or
suspend the registration of any registrant.
The Director may publish from time to time as he deems
appropriate, and may supply upon request, lists of registered
servicepersons and registered service agencies.
All final administrative decisions of the Director under
this Section shall be subject to judicial review under the
Administrative Review Law. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure 1
of the Administrative Review Law.
(Source: P.A. 96-1310, eff. 7-27-10; 96-1333, eff. 7-27-10;
revised 9-14-10.)
(225 ILCS 470/56.1) (from Ch. 147, par. 156.1)
Sec. 56.1. Administrative penalties; judicial review. When
an administrative hearing is held, the hearing officer, upon
determination of any violation of any Section of this Act shall
levy the following administrative monetary penalties:
(A) A penalty of $500 for a first violation.
(B) A penalty of $1,500 for a second violation at the
same location within 2 years of the first violation.
(C) A penalty of $2,500 for a third or subsequent
violation at the same location within 2 years of the second
violation.

The penalty so levied shall be collected by the Department.
Any penalty not paid within 60 days of notice from the
Department shall be submitted to the Attorney General's office
for collection.
All final administrative decisions of the Department are
subject to judicial review under the Administrative Review Law.
The term "administrative decision" is defined as in Section
3-101 4-101 of the Code of Civil Procedure.
(Source: P.A. 96-1333, eff. 7-27-10; revised 9-27-10.)
Section 425. The Forest Products Transportation Act is
amended by changing Section 2 as follows:
(225 ILCS 740/2) (from Ch. 96 1/2, par. 6902)
Sec. 2. As used in this Act, unless the context otherwise
requires, the terms defined in the Sections following this
Section and preceding Section 3 Sections 2.01 through 2.08 have
the meanings ascribed to them in those Sections.
(Source: P.A. 77-2801; revised 9-16-10.)
Section 430. The Illinois Horse Racing Act of 1975 is
amended by changing Section 20 as follows:
(230 ILCS 5/20) (from Ch. 8, par. 37-20)
Sec. 20. (a) Any person desiring to conduct a horse race
meeting may apply to the Board for an organization license. The

application shall be made on a form prescribed and furnished by
the Board. The application shall specify:
(1) the dates on which it intends to conduct the horse
race meeting, which dates shall be provided under Section
21;
(2) the hours of each racing day between which it
intends to hold or conduct horse racing at such meeting;
(3) the location where it proposes to conduct the
meeting; and
(4) any other information the Board may reasonably
require.
(b) A separate application for an organization license
shall be filed for each horse race meeting which such person
proposes to hold. Any such application, if made by an
individual, or by any individual as trustee, shall be signed
and verified under oath by such individual. If made by
individuals or a partnership, it shall be signed and verified
under oath by at least 2 of such individuals or members of such
partnership as the case may be. If made by an association,
corporation, corporate trustee or any other entity, it shall be
signed by the president and attested by the secretary or
assistant secretary under the seal of such association, trust
or corporation if it has a seal, and shall also be verified
under oath by one of the signing officers.
(c) The application shall specify the name of the persons,
association, trust, or corporation making such application and

the post office address of the applicant; if the applicant is a
trustee, the names and addresses of the beneficiaries; if a
corporation, the names and post office addresses of all
officers, stockholders and directors; or if such stockholders
hold stock as a nominee or fiduciary, the names and post office
addresses of these persons, partnerships, corporations, or
trusts who are the beneficial owners thereof or who are
beneficially interested therein; and if a partnership, the
names and post office addresses of all partners, general or
limited; if the applicant is a corporation, the name of the
state of its incorporation shall be specified.
(d) The applicant shall execute and file with the Board a
good faith affirmative action plan to recruit, train, and
upgrade minorities in all classifications within the
association.
(e) With such application there shall be delivered to the
Board a certified check or bank draft payable to the order of
the Board for an amount equal to $1,000. All applications for
the issuance of an organization license shall be filed with the
Board before August 1 of the year prior to the year for which
application is made and shall be acted upon by the Board at a
meeting to be held on such date as shall be fixed by the Board
during the last 15 days of September of such prior year. At
such meeting, the Board shall announce the award of the racing
meets, live racing schedule, and designation of host track to
the applicants and its approval or disapproval of each

application. No announcement shall be considered binding until
a formal order is executed by the Board, which shall be
executed no later than October 15 of that prior year. Absent
the agreement of the affected organization licensees, the Board
shall not grant overlapping race meetings to 2 or more tracks
that are within 100 miles of each other to conduct the
thoroughbred racing.
(e-5) In reviewing an application for the purpose of
granting an organization license consistent with the best
interests of the public and the sport of horse racing, the
Board shall consider:
(1) the character, reputation, experience, and
financial integrity of the applicant and of any other
separate person that either:
(i) controls the applicant, directly or
indirectly, or
(ii) is controlled, directly or indirectly, by
that applicant or by a person who controls, directly or
indirectly, that applicant;
(2) the applicant's facilities or proposed facilities
for conducting horse racing;
(3) the total revenue without regard to Section 32.1 to
be derived by the State and horsemen from the applicant's
conducting a race meeting;
(4) the applicant's good faith affirmative action plan
to recruit, train, and upgrade minorities in all employment

classifications;
(5) the applicant's financial ability to purchase and
maintain adequate liability and casualty insurance;
(6) the applicant's proposed and prior year's
promotional and marketing activities and expenditures of
the applicant associated with those activities;
(7) an agreement, if any, among organization licensees
as provided in subsection (b) of Section 21 of this Act;
and
(8) the extent to which the applicant exceeds or meets
other standards for the issuance of an organization license
that the Board shall adopt by rule.
In granting organization licenses and allocating dates for
horse race meetings, the Board shall have discretion to
determine an overall schedule, including required simulcasts
of Illinois races by host tracks that will, in its judgment, be
conducive to the best interests of the public and the sport of
horse racing.
(e-10) The Illinois Administrative Procedure Act shall
apply to administrative procedures of the Board under this Act
for the granting of an organization license, except that (1)
notwithstanding the provisions of subsection (b) of Section
10-40 of the Illinois Administrative Procedure Act regarding
cross-examination, the Board may prescribe rules limiting the
right of an applicant or participant in any proceeding to award
an organization license to conduct cross-examination of

witnesses at that proceeding where that cross-examination
would unduly obstruct the timely award of an organization
license under subsection (e) of Section 20 of this Act; (2) the
provisions of Section 10-45 of the Illinois Administrative
Procedure Act regarding proposals for decision are excluded
under this Act; (3) notwithstanding the provisions of
subsection (a) of Section 10-60 of the Illinois Administrative
Procedure Act regarding ex parte communications, the Board may
prescribe rules allowing ex parte communications with
applicants or participants in a proceeding to award an
organization license where conducting those communications
would be in the best interest of racing, provided all those
communications are made part of the record of that proceeding
pursuant to subsection (c) of Section 10-60 of the Illinois
Administrative Procedure Act; (4) the provisions of Section 14a
of this Act and the rules of the Board promulgated under that
Section shall apply instead of the provisions of Article 10 of
the Illinois Administrative Procedure Act regarding
administrative law judges; and (5) the provisions of subsection
(d) of Section 10-65 of the Illinois Administrative Procedure
Act that prevent summary suspension of a license pending
revocation or other action shall not apply.
(f) The Board may allot racing dates to an organization
licensee for more than one calendar year but for no more than 3
successive calendar years in advance, provided that the Board
shall review such allotment for more than one calendar year

prior to each year for which such allotment has been made. The
granting of an organization license to a person constitutes a
privilege to conduct a horse race meeting under the provisions
of this Act, and no person granted an organization license
shall be deemed to have a vested interest, property right, or
future expectation to receive an organization license in any
subsequent year as a result of the granting of an organization
license. Organization licenses shall be subject to revocation
if the organization licensee has violated any provision of this
Act or the rules and regulations promulgated under this Act or
has been convicted of a crime or has failed to disclose or has
stated falsely any information called for in the application
for an organization license. Any organization license
revocation proceeding shall be in accordance with Section 16
regarding suspension and revocation of occupation licenses.
(f-5) If, (i) an applicant does not file an acceptance of
the racing dates awarded by the Board as required under part
(1) of subsection (h) of this Section 20, or (ii) an
organization licensee has its license suspended or revoked
under this Act, the Board, upon conducting an emergency hearing
as provided for in this Act, may reaward on an emergency basis
pursuant to rules established by the Board, racing dates not
accepted or the racing dates associated with any suspension or
revocation period to one or more organization licensees, new
applicants, or any combination thereof, upon terms and
conditions that the Board determines are in the best interest

of racing, provided, the organization licensees or new
applicants receiving the awarded racing dates file an
acceptance of those reawarded racing dates as required under
paragraph (1) of subsection (h) of this Section 20 and comply
with the other provisions of this Act. The Illinois
Administrative Procedure Procedures Act shall not apply to the
administrative procedures of the Board in conducting the
emergency hearing and the reallocation of racing dates on an
emergency basis.
(g) (Blank).
(h) The Board shall send the applicant a copy of its
formally executed order by certified mail addressed to the
applicant at the address stated in his application, which
notice shall be mailed within 5 days of the date the formal
order is executed.
Each applicant notified shall, within 10 days after receipt
of the final executed order of the Board awarding racing dates:
(1) file with the Board an acceptance of such award in
the form prescribed by the Board;
(2) pay to the Board an additional amount equal to $110
for each racing date awarded; and
(3) file with the Board the bonds required in Sections
21 and 25 at least 20 days prior to the first day of each
race meeting.
Upon compliance with the provisions of paragraphs (1), (2), and
(3) of this subsection (h), the applicant shall be issued an

organization license.
If any applicant fails to comply with this Section or fails
to pay the organization license fees herein provided, no
organization license shall be issued to such applicant.
(Source: P.A. 91-40, eff. 6-25-99; revised 9-16-10.)
Section 435. The Bingo License and Tax Act is amended by
changing Section 1.3 as follows:
(230 ILCS 25/1.3)
Sec. 1.3. Restrictions on licensure. Licensing for the
conducting of bingo is subject to the following restrictions:
(1) The license application, when submitted to the
Department, must contain a sworn statement attesting to the
not-for-profit character of the prospective licensee
organization, signed by a person listed on the application
as an owner, officer, or other person in charge of the
necessary day-to-day operations of that organization.
(2) The license application shall be prepared in
accordance with the rules of the Department.
(3) The licensee shall prominently display the license
in the area where the licensee conducts bingo. The licensee
shall likewise display, in the form and manner as
prescribed by the Department, the provisions of Section 8
of this Act.
(4) Each license shall state the day of the week, hours

and at which location the licensee is permitted to conduct
bingo games.
(5) A license is not assignable or transferable.
(6) A license authorizes the licensee to conduct the
game commonly known as bingo, in which prizes are awarded
on the basis of designated numbers or symbols on a card
conforming to numbers or symbols selected at random.
(7) The Department may, on special application made by
any organization having a bingo license, issue a special
permit for conducting bingo at other premises and on other
days not exceeding 5 consecutive days, except that a
licensee may conduct bingo at the Illinois State Fair or
any county fair held in Illinois during each day that the
fair is held, without a fee. Bingo games conducted at the
Illinois State Fair or a county fair shall not require a
special permit. No more than 2 special permits may be
issued in one year to any one organization.
(8) Any organization qualified for a license but not
holding one may, upon application and payment of a
nonrefundable fee of $50, receive a limited license to
conduct bingo games at no more than 2 indoor or outdoor
festivals in a year for a maximum of 5 consecutive days on
each occasion. No more than 2 limited licenses under this
item (7) may be issued to any organization in any year. A
limited license must be prominently displayed at the site
where the bingo games are conducted.

(9) Senior citizens organizations and units of local
government may conduct bingo without a license or fee,
subject to the following conditions:
(A) bingo shall be conducted only (i) at a facility
that is owned by a unit of local government to which
the corporate authorities have given their approval
and that is used to provide social services or a
meeting place to senior citizens, (ii) in common areas
in multi-unit federally assisted rental housing
maintained solely for the elderly and handicapped, or
(iii) at a building owned by a church or veterans
organization;
(B) the price paid for a single card shall not
exceed 50 cents;
(C) the aggregate retail value of all prizes or
merchandise awarded in any one game of bingo shall not
exceed $10;
(D) no person or organization shall participate in
the management or operation of bingo under this item
(9) if the person or organization would be ineligible
for a license under this Section; and
(E) no license is required to provide premises for
bingo conducted under this item (9).
(10) Bingo equipment shall not be used for any purpose
other than for the play of bingo.
(Source: P.A. 95-228, eff. 8-16-07; 96-210, eff. 8-10-09;

96-1055, eff. 7-14-10; 96-1150, eff. 7-21-10; revised 9-2-10.)
Section 440. The Video Gaming Act is amended by changing
Sections 5 and 25 as follows:
(230 ILCS 40/5)
Sec. 5. Definitions. As used in this Act:
"Board" means the Illinois Gaming Board.
"Credit" means one, 5, 10, or 25 cents either won or
purchased by a player.
"Distributor" means an individual, partnership,
corporation, or limited liability company licensed under this
Act to buy, sell, lease, or distribute video gaming terminals
or major components or parts of video gaming terminals to or
from terminal operators.
"Terminal operator" means an individual, partnership,
corporation, or limited liability company that is licensed
under this Act and that owns, services, and maintains video
gaming terminals for placement in licensed establishments,
licensed truck stop establishments, licensed fraternal
establishments, or licensed veterans establishments.
"Licensed technician" means an individual who is licensed
under this Act to repair, service, and maintain video gaming
terminals.
"Licensed terminal handler" means a person, including but
not limited to an employee or independent contractor working

for a manufacturer, distributor, supplier, technician, or
terminal operator, who is licensed under this Act to possess or
control a video gaming terminal or to have access to the inner
workings of a video gaming terminal. A licensed terminal
handler does not include an individual, partnership,
corporation, or limited liability company defined as a
manufacturer, distributor, supplier, technician, or terminal
operator under this Act.
"Manufacturer" means an individual, partnership,
corporation, or limited liability company that is licensed
under this Act and that manufactures or assembles video gaming
terminals.
"Supplier" means an individual, partnership, corporation,
or limited liability company that is licensed under this Act to
supply major components or parts to video gaming terminals to
licensed terminal operators.
"Net terminal income" means money put into a video gaming
terminal minus credits paid out to players.
"Video gaming terminal" means any electronic video game
machine that, upon insertion of cash, is available to play or
simulate the play of a video game, including but not limited to
video poker, line up, and blackjack, as authorized by the Board
utilizing a video display and microprocessors in which the
player may receive free games or credits that can be redeemed
for cash. The term does not include a machine that directly
dispenses coins, cash, or tokens or is for amusement purposes

only.
"Licensed establishment" means any licensed retail
establishment where alcoholic liquor is drawn, poured, mixed,
or otherwise served for consumption on the premises and
includes any such establishment that has a contractual
relationship with an inter-track wagering location licensee
licensed under the Illinois Horse Racing Act of 1975, provided
any contractual relationship shall not include any transfer or
offer of revenue from the operation of video gaming under this
Act to any licensee licensed under the Illinois Horse Racing
Act of 1975. Provided, however, that the licensed establishment
that has such a contractual relationship with an inter-track
wagering location licensee may not, itself, be (i) an
inter-track wagering location licensee, (ii) the corporate
parent or subsidiary of any licensee licensed under the
Illinois Horse Racing Act of 1975, or (iii) the corporate
subsidiary of a corporation that is also the corporate parent
or subsidiary of any licensee licensed under the Illinois Horse
Racing Act of 1975. "Licensed establishment" does not include a
facility operated by an organization licensee, an inter-track
wagering licensee, or an inter-track wagering location
licensee licensed under the Illinois Horse Racing Act of 1975
or a riverboat licensed under the Riverboat Gambling Act,
except as provided in this paragraph.
"Licensed fraternal establishment" means the location
where a qualified fraternal organization that derives its

charter from a national fraternal organization regularly
meets.
"Licensed veterans establishment" means the location where
a qualified veterans organization that derives its charter from
a national veterans organization regularly meets.
"Licensed truck stop establishment" means a facility (i)
that is at least a 3-acre facility with a convenience store,
(ii) with separate diesel islands for fueling commercial motor
vehicles, (iii) that sells at retail more than 10,000 gallons
of diesel or biodiesel fuel per month, and (iv) with parking
spaces for commercial motor vehicles. "Commercial motor
vehicles" has the same meaning as defined in Section 18b-101 of
the Illinois Vehicle Code. The requirement of item (iii) of
this paragraph may be met by showing that estimated future
sales or past sales average at least 10,000 gallons per month.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
96-1410, eff. 7-30-10; 96-1479, eff. 8-23-10; revised
9-16-10.)
(230 ILCS 40/25)
Sec. 25. Restriction of licensees.
(a) Manufacturer. A person may not be licensed as a
manufacturer of a video gaming terminal in Illinois unless the
person has a valid manufacturer's license issued under this
Act. A manufacturer may only sell video gaming terminals for
use in Illinois to persons having a valid distributor's

license.
(b) Distributor. A person may not sell, distribute, or
lease or market a video gaming terminal in Illinois unless the
person has a valid distributor's license issued under this Act.
A distributor may only sell video gaming terminals for use in
Illinois to persons having a valid distributor's or terminal
operator's license.
(c) Terminal operator. A person may not own, maintain, or
place a video gaming terminal unless he has a valid terminal
operator's license issued under this Act. A terminal operator
may only place video gaming terminals for use in Illinois in
licensed establishments, licensed truck stop establishments,
licensed fraternal establishments, and licensed veterans
establishments. No terminal operator may give anything of
value, including but not limited to a loan or financing
arrangement, to a licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment as any incentive or inducement to locate
video terminals in that establishment. Of the after-tax profits
from a video gaming terminal, 50% shall be paid to the terminal
operator and 50% shall be paid to the licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment,
notwithstanding any agreement to the contrary. A video terminal
operator that violates one or more requirements of this
subsection is guilty of a Class 4 felony and is subject to

termination of his or her license by the Board.
(d) Licensed technician. A person may not service,
maintain, or repair a video gaming terminal in this State
unless he or she (1) has a valid technician's license issued
under this Act, (2) is a terminal operator, or (3) is employed
by a terminal operator, distributor, or manufacturer.
(d-5) Licensed terminal handler. No person, including, but
not limited to, an employee or independent contractor working
for a manufacturer, distributor, supplier, technician, or
terminal operator licensed pursuant to this Act, shall have
possession or control of a video gaming terminal, or access to
the inner workings of a video gaming terminal, unless that
person possesses a valid terminal handler's license issued
under this Act.
(e) Licensed establishment. No video gaming terminal may be
placed in any licensed establishment, licensed veterans
establishment, licensed truck stop establishment, or licensed
fraternal establishment unless the owner or agent of the owner
of the licensed establishment, licensed veterans
establishment, licensed truck stop establishment, or licensed
fraternal establishment has entered into a written use
agreement with the terminal operator for placement of the
terminals. A copy of the use agreement shall be on file in the
terminal operator's place of business and available for
inspection by individuals authorized by the Board. A licensed
establishment, licensed truck stop establishment, licensed

veterans establishment, or licensed fraternal establishment
may operate up to 5 video gaming terminals on its premises at
any time.
(f) (Blank).
(g) Financial interest restrictions. As used in this Act,
"substantial interest" in a partnership, a corporation, an
organization, an association, a business, or a limited
liability company means:
(A) When, with respect to a sole proprietorship, an
individual or his or her spouse owns, operates, manages, or
conducts, directly or indirectly, the organization,
association, or business, or any part thereof; or
(B) When, with respect to a partnership, the individual
or his or her spouse shares in any of the profits, or
potential profits, of the partnership activities; or
(C) When, with respect to a corporation, an individual
or his or her spouse is an officer or director, or the
individual or his or her spouse is a holder, directly or
beneficially, of 5% or more of any class of stock of the
corporation; or
(D) When, with respect to an organization not covered
in (A), (B) or (C) above, an individual or his or her
spouse is an officer or manages the business affairs, or
the individual or his or her spouse is the owner of or
otherwise controls 10% or more of the assets of the
organization; or

(E) When an individual or his or her spouse furnishes
5% or more of the capital, whether in cash, goods, or
services, for the operation of any business, association,
or organization during any calendar year; or
(F) When, with respect to a limited liability company,
an individual or his or her spouse is a member, or the
individual or his or her spouse is a holder, directly or
beneficially, of 5% or more of the membership interest of
the limited liability company.
For purposes of this subsection (g), "individual" includes
all individuals or their spouses whose combined interest would
qualify as a substantial interest under this subsection (g) and
whose activities with respect to an organization, association,
or business are so closely aligned or coordinated as to
constitute the activities of a single entity.
(h) Location restriction. A licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment that is (i)
located within 1,000 feet of a facility operated by an
organization licensee or an inter-track wagering licensee or
inter-track licensed under the Illinois Horse Racing Act of
1975, or the home dock of a riverboat licensed under the
Riverboat Gambling Act or (ii) located within 100 feet of a
school or a place of worship under the Religious Corporation
Act, is ineligible to operate a video gaming terminal. The
location restrictions in this subsection (h) do not apply if a

facility operated by an organization licensee, an inter-track
wagering licensee, or an inter-track wagering location
licensee, a school, or a place of worship moves to or is
established within the restricted area after a licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, or licensed veterans establishment
becomes licensed under this Act. For the purpose of this
subsection, "school" means an elementary or secondary public
school, or an elementary or secondary private school registered
with or recognized by the State Board of Education.
Notwithstanding the provisions of this subsection (h), the
Board may waive the requirement that a licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment not be
located within 1,000 feet from a facility operated by an
organization licensee, an inter-track wagering licensee, or an
inter-track wagering location licensee licensed under the
Illinois Horse Racing Act of 1975 or the home dock of a
riverboat licensed under the Riverboat Gambling Act. The Board
shall not grant such waiver if there is any common ownership or
control, shared business activity, or contractual arrangement
of any type between the establishment and the organization
licensee, inter-track wagering licensee, inter-track wagering
location licensee, or owners licensee of a riverboat. The Board
shall adopt rules to implement the provisions of this
paragraph.

(i) Undue economic concentration. In addition to
considering all other requirements under this Act, in deciding
whether to approve the operation of video gaming terminals by a
terminal operator in a location, the Board shall consider the
impact of any economic concentration of such operation of video
gaming terminals. The Board shall not allow a terminal operator
to operate video gaming terminals if the Board determines such
operation will result in undue economic concentration. For
purposes of this Section, "undue economic concentration" means
that a terminal operator would have such actual or potential
influence over video gaming terminals in Illinois as to:
(1) substantially impede or suppress competition among
terminal operators;
(2) adversely impact the economic stability of the
video gaming industry in Illinois; or
(3) negatively impact the purposes of the Video Gaming
Act.
The Board shall adopt rules concerning undue economic
concentration with respect to the operation of video gaming
terminals in Illinois. The rules shall include, but not be
limited to, (i) limitations on the number of video gaming
terminals operated by any terminal operator within a defined
geographic radius and (ii) guidelines on the discontinuation of
operation of any such video gaming terminals the Board
determines will cause undue economic concentration.
(j) The provisions of the Illinois Antitrust Act are fully

and equally applicable to the activities of any licensee under
this Act.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10;
96-1479, eff. 8-23-10; revised 9-16-10.)
Section 445. The Illinois Public Aid Code is amended by
changing Sections 5-2, 5-5.12, and 12-4.5 and by setting forth
and renumbering multiple versions of Sections 5-5.4f and
12-4.40 as follows:
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
Sec. 5-2. Classes of Persons Eligible. Medical assistance
under this Article shall be available to any of the following
classes of persons in respect to whom a plan for coverage has
been submitted to the Governor by the Illinois Department and
approved by him:
1. Recipients of basic maintenance grants under
Articles III and IV.
2. Persons otherwise eligible for basic maintenance
under Articles III and IV, excluding any eligibility
requirements that are inconsistent with any federal law or
federal regulation, as interpreted by the U.S. Department
of Health and Human Services, but who fail to qualify
thereunder on the basis of need or who qualify but are not
receiving basic maintenance under Article IV, and who have

insufficient income and resources to meet the costs of
necessary medical care, including but not limited to the
following:
(a) All persons otherwise eligible for basic
maintenance under Article III but who fail to qualify
under that Article on the basis of need and who meet
either of the following requirements:
(i) their income, as determined by the
Illinois Department in accordance with any federal
requirements, is equal to or less than 70% in
fiscal year 2001, equal to or less than 85% in
fiscal year 2002 and until a date to be determined
by the Department by rule, and equal to or less
than 100% beginning on the date determined by the
Department by rule, of the nonfarm income official
poverty line, as defined by the federal Office of
Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus
Budget Reconciliation Act of 1981, applicable to
families of the same size; or
(ii) their income, after the deduction of
costs incurred for medical care and for other types
of remedial care, is equal to or less than 70% in
fiscal year 2001, equal to or less than 85% in
fiscal year 2002 and until a date to be determined
by the Department by rule, and equal to or less

than 100% beginning on the date determined by the
Department by rule, of the nonfarm income official
poverty line, as defined in item (i) of this
subparagraph (a).
(b) All persons who, excluding any eligibility
requirements that are inconsistent with any federal
law or federal regulation, as interpreted by the U.S.
Department of Health and Human Services, would be
determined eligible for such basic maintenance under
Article IV by disregarding the maximum earned income
permitted by federal law.
3. Persons who would otherwise qualify for Aid to the
Medically Indigent under Article VII.
4. Persons not eligible under any of the preceding
paragraphs who fall sick, are injured, or die, not having
sufficient money, property or other resources to meet the
costs of necessary medical care or funeral and burial
expenses.
5.(a) Women during pregnancy, after the fact of
pregnancy has been determined by medical diagnosis, and
during the 60-day period beginning on the last day of the
pregnancy, together with their infants and children born
after September 30, 1983, whose income and resources are
insufficient to meet the costs of necessary medical care to
the maximum extent possible under Title XIX of the Federal
Social Security Act.

(b) The Illinois Department and the Governor shall
provide a plan for coverage of the persons eligible under
paragraph 5(a) by April 1, 1990. Such plan shall provide
ambulatory prenatal care to pregnant women during a
presumptive eligibility period and establish an income
eligibility standard that is equal to 133% of the nonfarm
income official poverty line, as defined by the federal
Office of Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, applicable to families of the
same size, provided that costs incurred for medical care
are not taken into account in determining such income
eligibility.
(c) The Illinois Department may conduct a
demonstration in at least one county that will provide
medical assistance to pregnant women, together with their
infants and children up to one year of age, where the
income eligibility standard is set up to 185% of the
nonfarm income official poverty line, as defined by the
federal Office of Management and Budget. The Illinois
Department shall seek and obtain necessary authorization
provided under federal law to implement such a
demonstration. Such demonstration may establish resource
standards that are not more restrictive than those
established under Article IV of this Code.
6. Persons under the age of 18 who fail to qualify as

dependent under Article IV and who have insufficient income
and resources to meet the costs of necessary medical care
to the maximum extent permitted under Title XIX of the
Federal Social Security Act.
7. Persons who are under 21 years of age and would
qualify as disabled as defined under the Federal
Supplemental Security Income Program, provided medical
service for such persons would be eligible for Federal
Financial Participation, and provided the Illinois
Department determines that:
(a) the person requires a level of care provided by
a hospital, skilled nursing facility, or intermediate
care facility, as determined by a physician licensed to
practice medicine in all its branches;
(b) it is appropriate to provide such care outside
of an institution, as determined by a physician
licensed to practice medicine in all its branches;
(c) the estimated amount which would be expended
for care outside the institution is not greater than
the estimated amount which would be expended in an
institution.
8. Persons who become ineligible for basic maintenance
assistance under Article IV of this Code in programs
administered by the Illinois Department due to employment
earnings and persons in assistance units comprised of
adults and children who become ineligible for basic

maintenance assistance under Article VI of this Code due to
employment earnings. The plan for coverage for this class
of persons shall:
(a) extend the medical assistance coverage for up
to 12 months following termination of basic
maintenance assistance; and
(b) offer persons who have initially received 6
months of the coverage provided in paragraph (a) above,
the option of receiving an additional 6 months of
coverage, subject to the following:
(i) such coverage shall be pursuant to
provisions of the federal Social Security Act;
(ii) such coverage shall include all services
covered while the person was eligible for basic
maintenance assistance;
(iii) no premium shall be charged for such
coverage; and
(iv) such coverage shall be suspended in the
event of a person's failure without good cause to
file in a timely fashion reports required for this
coverage under the Social Security Act and
coverage shall be reinstated upon the filing of
such reports if the person remains otherwise
eligible.
9. Persons with acquired immunodeficiency syndrome
(AIDS) or with AIDS-related conditions with respect to whom

there has been a determination that but for home or
community-based services such individuals would require
the level of care provided in an inpatient hospital,
skilled nursing facility or intermediate care facility the
cost of which is reimbursed under this Article. Assistance
shall be provided to such persons to the maximum extent
permitted under Title XIX of the Federal Social Security
Act.
10. Participants in the long-term care insurance
partnership program established under the Illinois
Long-Term Care Partnership Program Act who meet the
qualifications for protection of resources described in
Section 15 of that Act.
11. Persons with disabilities who are employed and
eligible for Medicaid, pursuant to Section
1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
subject to federal approval, persons with a medically
improved disability who are employed and eligible for
Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
the Social Security Act, as provided by the Illinois
Department by rule. In establishing eligibility standards
under this paragraph 11, the Department shall, subject to
federal approval:
(a) set the income eligibility standard at not
lower than 350% of the federal poverty level;
(b) exempt retirement accounts that the person

cannot access without penalty before the age of 59 1/2,
and medical savings accounts established pursuant to
26 U.S.C. 220;
(c) allow non-exempt assets up to $25,000 as to
those assets accumulated during periods of eligibility
under this paragraph 11; and
(d) continue to apply subparagraphs (b) and (c) in
determining the eligibility of the person under this
Article even if the person loses eligibility under this
paragraph 11.
12. Subject to federal approval, persons who are
eligible for medical assistance coverage under applicable
provisions of the federal Social Security Act and the
federal Breast and Cervical Cancer Prevention and
Treatment Act of 2000. Those eligible persons are defined
to include, but not be limited to, the following persons:
(1) persons who have been screened for breast or
cervical cancer under the U.S. Centers for Disease
Control and Prevention Breast and Cervical Cancer
Program established under Title XV of the federal
Public Health Services Act in accordance with the
requirements of Section 1504 of that Act as
administered by the Illinois Department of Public
Health; and
(2) persons whose screenings under the above
program were funded in whole or in part by funds

appropriated to the Illinois Department of Public
Health for breast or cervical cancer screening.
"Medical assistance" under this paragraph 12 shall be
identical to the benefits provided under the State's
approved plan under Title XIX of the Social Security Act.
The Department must request federal approval of the
coverage under this paragraph 12 within 30 days after the
effective date of this amendatory Act of the 92nd General
Assembly.
In addition to the persons who are eligible for medical
assistance pursuant to subparagraphs (1) and (2) of this
paragraph 12, and to be paid from funds appropriated to the
Department for its medical programs, any uninsured person
as defined by the Department in rules residing in Illinois
who is younger than 65 years of age, who has been screened
for breast and cervical cancer in accordance with standards
and procedures adopted by the Department of Public Health
for screening, and who is referred to the Department by the
Department of Public Health as being in need of treatment
for breast or cervical cancer is eligible for medical
assistance benefits that are consistent with the benefits
provided to those persons described in subparagraphs (1)
and (2). Medical assistance coverage for the persons who
are eligible under the preceding sentence is not dependent
on federal approval, but federal moneys may be used to pay
for services provided under that coverage upon federal

approval.
13. Subject to appropriation and to federal approval,
persons living with HIV/AIDS who are not otherwise eligible
under this Article and who qualify for services covered
under Section 5-5.04 as provided by the Illinois Department
by rule.
14. Subject to the availability of funds for this
purpose, the Department may provide coverage under this
Article to persons who reside in Illinois who are not
eligible under any of the preceding paragraphs and who meet
the income guidelines of paragraph 2(a) of this Section and
(i) have an application for asylum pending before the
federal Department of Homeland Security or on appeal before
a court of competent jurisdiction and are represented
either by counsel or by an advocate accredited by the
federal Department of Homeland Security and employed by a
not-for-profit organization in regard to that application
or appeal, or (ii) are receiving services through a
federally funded torture treatment center. Medical
coverage under this paragraph 14 may be provided for up to
24 continuous months from the initial eligibility date so
long as an individual continues to satisfy the criteria of
this paragraph 14. If an individual has an appeal pending
regarding an application for asylum before the Department
of Homeland Security, eligibility under this paragraph 14
may be extended until a final decision is rendered on the

appeal. The Department may adopt rules governing the
implementation of this paragraph 14.
15. Family Care Eligibility.
(a) A caretaker relative who is 19 years of age or
older when countable income is at or below 185% of the
Federal Poverty Level Guidelines, as published
annually in the Federal Register, for the appropriate
family size. A person may not spend down to become
eligible under this paragraph 15.
(b) Eligibility shall be reviewed annually.
(c) Caretaker relatives enrolled under this
paragraph 15 in families with countable income above
150% and at or below 185% of the Federal Poverty Level
Guidelines shall be counted as family members and pay
premiums as established under the Children's Health
Insurance Program Act.
(d) Premiums shall be billed by and payable to the
Department or its authorized agent, on a monthly basis.
(e) The premium due date is the last day of the
month preceding the month of coverage.
(f) Individuals shall have a grace period through
30 days of coverage to pay the premium.
(g) Failure to pay the full monthly premium by the
last day of the grace period shall result in
termination of coverage.
(h) Partial premium payments shall not be

refunded.
(i) Following termination of an individual's
coverage under this paragraph 15, the following action
is required before the individual can be re-enrolled:
(1) A new application must be completed and the
individual must be determined otherwise eligible.
(2) There must be full payment of premiums due
under this Code, the Children's Health Insurance
Program Act, the Covering ALL KIDS Health
Insurance Act, or any other healthcare program
administered by the Department for periods in
which a premium was owed and not paid for the
individual.
(3) The first month's premium must be paid if
there was an unpaid premium on the date the
individual's previous coverage was canceled.
The Department is authorized to implement the
provisions of this amendatory Act of the 95th General
Assembly by adopting the medical assistance rules in effect
as of October 1, 2007, at 89 Ill. Admin. Code 125, and at
89 Ill. Admin. Code 120.32 along with only those changes
necessary to conform to federal Medicaid requirements,
federal laws, and federal regulations, including but not
limited to Section 1931 of the Social Security Act (42
U.S.C. Sec. 1396u-1), as interpreted by the U.S. Department
of Health and Human Services, and the countable income

eligibility standard authorized by this paragraph 15. The
Department may not otherwise adopt any rule to implement
this increase except as authorized by law, to meet the
eligibility standards authorized by the federal government
in the Medicaid State Plan or the Title XXI Plan, or to
meet an order from the federal government or any court.
16. Subject to appropriation, uninsured persons who
are not otherwise eligible under this Section who have been
certified and referred by the Department of Public Health
as having been screened and found to need diagnostic
evaluation or treatment, or both diagnostic evaluation and
treatment, for prostate or testicular cancer. For the
purposes of this paragraph 16, uninsured persons are those
who do not have creditable coverage, as defined under the
Health Insurance Portability and Accountability Act, or
have otherwise exhausted any insurance benefits they may
have had, for prostate or testicular cancer diagnostic
evaluation or treatment, or both diagnostic evaluation and
treatment. To be eligible, a person must furnish a Social
Security number. A person's assets are exempt from
consideration in determining eligibility under this
paragraph 16. Such persons shall be eligible for medical
assistance under this paragraph 16 for so long as they need
treatment for the cancer. A person shall be considered to
need treatment if, in the opinion of the person's treating
physician, the person requires therapy directed toward

cure or palliation of prostate or testicular cancer,
including recurrent metastatic cancer that is a known or
presumed complication of prostate or testicular cancer and
complications resulting from the treatment modalities
themselves. Persons who require only routine monitoring
services are not considered to need treatment. "Medical
assistance" under this paragraph 16 shall be identical to
the benefits provided under the State's approved plan under
Title XIX of the Social Security Act. Notwithstanding any
other provision of law, the Department (i) does not have a
claim against the estate of a deceased recipient of
services under this paragraph 16 and (ii) does not have a
lien against any homestead property or other legal or
equitable real property interest owned by a recipient of
services under this paragraph 16.
In implementing the provisions of Public Act 96-20, the
Department is authorized to adopt only those rules necessary,
including emergency rules. Nothing in Public Act 96-20 permits
the Department to adopt rules or issue a decision that expands
eligibility for the FamilyCare Program to a person whose income
exceeds 185% of the Federal Poverty Level as determined from
time to time by the U.S. Department of Health and Human
Services, unless the Department is provided with express
statutory authority.
The Illinois Department and the Governor shall provide a
plan for coverage of the persons eligible under paragraph 7 as

soon as possible after July 1, 1984.
The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any grant
under the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act or any distributions
or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois
Income Tax Act. The Department shall by rule establish the
amounts of assets to be disregarded in determining eligibility
for medical assistance, which shall at a minimum equal the
amounts to be disregarded under the Federal Supplemental
Security Income Program. The amount of assets of a single
person to be disregarded shall not be less than $2,000, and the
amount of assets of a married couple to be disregarded shall
not be less than $3,000.
To the extent permitted under federal law, any person found
guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
The eligibility of any person for medical assistance under
this Article shall not be affected by the receipt by the person
of donations or benefits from fundraisers held for the person
in cases of serious illness, as long as neither the person nor
members of the person's family have actual control over the
donations or benefits or the disbursement of the donations or
benefits.

(Source: P.A. 95-546, eff. 8-29-07; 95-1055, eff. 4-10-09;
96-20, eff. 6-30-09; 96-181, eff. 8-10-09; 96-328, eff.
8-11-09; 96-567, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1123,
eff. 1-1-11; 96-1270, eff. 7-26-10; revised 9-16-10.)
(305 ILCS 5/5-5.4f)
Sec. 5-5.4f. Intermediate care facilities for the
developmentally disabled quality workforce initiative.
(a) Legislative intent. Individuals with developmental
disabilities who live in community-based settings rely on
direct support staff for a variety of supports and services
essential to the ability to reach their full potential. A
stable, well-trained direct support workforce is critical to
the well-being of these individuals. State and national studies
have documented high rates of turnover among direct support
workers and confirmed that improvements in wages can help
reduce turnover and develop a more stable and committed
workforce. This Section would increase the wages and benefits
for direct care workers supporting individuals with
developmental disabilities and provide accountability by
ensuring that additional resources go directly to these
workers.
(b) Reimbursement. Notwithstanding any provision of
Section 5-5.4, in order to attract and retain a stable,
qualified, and healthy workforce, beginning July 1, 2010, the
Department of Healthcare and Family Services may reimburse an

individual intermediate care facility for the developmentally
disabled for spending incurred to provide improved wages and
benefits to its employees serving the individuals residing in
the facility. Reimbursement shall be based upon patient days
reported in the facility's most recent cost report. Subject to
available appropriations, this reimbursement shall be made
according to the following criteria:
(1) The Department shall reimburse the facility to
compensate for spending on improved wages and benefits for
its eligible employees. Eligible employees include
employees engaged in direct care work.
(2) In order to qualify for reimbursement under this
Section, a facility must submit to the Department, before
January 1 of each year, documentation of a written, legally
binding commitment to increase spending for the purpose of
providing improved wages and benefits to its eligible
employees during the next year. The commitment must be
binding as to both existing and future staff. The
commitment must include a method of enforcing the
commitment that is available to the employees or their
representative and is expeditious, uses a neutral
decision-maker, and is economical for the employees. The
Department must also receive documentation of the
facility's provision of written notice of the commitment
and the availability of the enforcement mechanism to the
employees or their representative.

(3) Reimbursement shall be based on the amount of
increased spending to be incurred by the facility for
improving wages and benefits that exceeds the spending
reported in the cost report currently used by the
Department. Reimbursement shall be calculated as follows:
the per diem equivalent of the quarterly difference between
the cost to provide improved wages and benefits for covered
eligible employees as identified in the legally binding
commitment and the previous period cost of wages and
benefits as reported in the cost report currently used by
the Department, subject to the limitations identified in
paragraph (2) of this subsection. In no event shall the per
diem increase be in excess of $5.00 for any 12 month period
for an intermediate care facility for the developmentally
disabled with more than 16 beds, or in excess of $6.00 for
any 12 month period for an intermediate care facility for
the developmentally disabled with 16 beds or less.
(4) Any intermediate care facility for the
developmentally disabled is eligible to receive
reimbursement under this Section. A facility's eligibility
to receive reimbursement shall continue as long as the
facility maintains eligibility under paragraph (2) of this
subsection and the reimbursement program continues to
exist.
(c) Audit. Reimbursement under this Section is subject to
audit by the Department and shall be reduced or eliminated in

the case of any facility that does not honor its commitment to
increase spending to improve the wages and benefits of its
employees or that decreases such spending.
(Source: P.A. 96-1124, eff. 7-20-10.)
(305 ILCS 5/5-5.4g)
Sec. 5-5.4g 5-5.4f. Minimum Data Set (MDS) Compliance
Review; preliminary findings. The Department shall establish
by rule a procedure for sharing preliminary Minimum Data Set
(MDS) Compliance Review findings with nursing facilities prior
to completion of the on-site review. The procedure shall
include, but not be limited to, notification to a nursing
facility of specific areas of missing documentation required
under 89 Ill. Adm. Code 147.75 and the federally mandated
resident assessment instrument as specified in 42 CFR 483.20
likely to be determined deficient upon conclusion of the
Department's quality assurance review process. Prior to the
conclusion of the on-site review, the facility shall be given
the opportunity to address the specific areas of missing
documentation. A facility disputing any rate change may submit
an appeal request pursuant to provisions established at 89 Ill.
Adm. Code 140.830. An appeal hearing may be requested if the
facility believes that the basis for reducing the facility's
MDS rate was in error. The facility may not offer any
additional documentation during the appeal hearing, but may
identify documentation provided during the on-site review that

may support a specific area of documentation deemed deficient
by the Department.
(Source: P.A. 96-1317, eff. 7-27-10; revised 9-9-10.)
(305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
Sec. 5-5.12. Pharmacy payments.
(a) Every request submitted by a pharmacy for reimbursement
under this Article for prescription drugs provided to a
recipient of aid under this Article shall include the name of
the prescriber or an acceptable identification number as
established by the Department.
(b) Pharmacies providing prescription drugs under this
Article shall be reimbursed at a rate which shall include a
professional dispensing fee as determined by the Illinois
Department, plus the current acquisition cost of the
prescription drug dispensed. The Illinois Department shall
update its information on the acquisition costs of all
prescription drugs no less frequently than every 30 days.
However, the Illinois Department may set the rate of
reimbursement for the acquisition cost, by rule, at a
percentage of the current average wholesale acquisition cost.
(c) (Blank).
(d) The Department shall not impose requirements for prior
approval based on a preferred drug list for anti-retroviral,
anti-hemophilic factor concentrates, or any atypical
antipsychotics, conventional antipsychotics, or

anticonvulsants used for the treatment of serious mental
illnesses until 30 days after it has conducted a study of the
impact of such requirements on patient care and submitted a
report to the Speaker of the House of Representatives and the
President of the Senate.
(e) When making determinations as to which drugs shall be
on a prior approval list, the Department shall include as part
of the analysis for this determination, the degree to which a
drug may affect individuals in different ways based on factors
including the gender of the person taking the medication.
(f) (e) The Department shall cooperate with the Department
of Public Health and the Department of Human Services Division
of Mental Health in identifying psychotropic medications that,
when given in a particular form, manner, duration, or frequency
(including "as needed") in a dosage, or in conjunction with
other psychotropic medications to a nursing home resident, may
constitute a chemical restraint or an "unnecessary drug" as
defined by the Nursing Home Care Act or Titles XVIII and XIX of
the Social Security Act and the implementing rules and
regulations. The Department shall require prior approval for
any such medication prescribed for a nursing home resident that
appears to be a chemical restraint or an unnecessary drug. The
Department shall consult with the Department of Human Services
Division of Mental Health in developing a protocol and criteria
for deciding whether to grant such prior approval.
(Source: P.A. 96-1269, eff. 7-26-10; 96-1372, eff. 7-29-10;

revised 9-2-10.)
(305 ILCS 5/12-4.5) (from Ch. 23, par. 12-4.5)
Sec. 12-4.5. Co-operation with Federal Government.
Co-operate with the Federal Department of Health and Human
Services, or with any successor agency thereof, or with any
other agency of the Federal Government providing federal funds,
commodities, or aid, for public aid and other purposes, in any
reasonable manner not contrary to this Code, as may be
necessary to qualify for federal aid for the several public aid
and welfare service programs established under this Code,
including the costs of administration and personnel training
incurred thereunder, and for such other aid, welfare and
related programs for which federal aid may be available.
The Department of Human Services may supervise the
administration of food and shelter assistance under this
Section for which the Department of Human Services is
authorized to receive funds from federal, State and private
sources. Under such terms as the Department of Human Services
may establish, such monies may be distributed to units of local
government and non-profit agencies for the purpose of provision
of temporary shelter and food assistance. Temporary shelter
means emergency and transitional living arrangements,
including related ancillary services. Allowable costs shall
include remodeling costs but shall not include other costs not
directly related to direct service provision.

The Department of Human Services may provide low income
families and individuals appropriate supportive services on
site to enhance their ability to maintain independent living
arrangements or may contract for the provision of those
services on site with entities that develop or operate housing
developments, governmental units, community based
organizations, or not for profit organizations. Those living
arrangements may include transitional housing, single-room
occupancy (SRO) housing developments, or family housing
developments. Supportive services may include any service
authorized under this the Public Aid Code including, but not
limited to, services relating to substance abuse, mental
health, transportation, child care, or case management. When
appropriate, the Department of Human Services shall work with
other State agencies in order to coordinate services and to
maximize funding. The Department of Human Services shall give
priority for services to residents of housing developments
which have been funded by or have a commitment of funds from
the Illinois Housing Development Authority.
The Department of Human Services shall promulgate specific
rules governing the selection of Distribution Network Agencies
under the Federal Surplus Commodity Program including, but not
limited to, policies relative to the termination of contracts,
policies relative to fraud and abuse, appeals processes, and
information relative to application and selection processes.
The Department of Human Services shall also promulgate specific

rules that set forth the information required to be contained
in the cost reports to be submitted by each Distribution
Network Agency to the Department of Human Services.
The Department of Human Services shall cooperate with units
of local government and non-profit agencies in the development
and implementation of plans to assure the availability of
temporary shelter for persons without a home and/or food
assistance.
The Department of Human Services shall report annually to
the House and Senate Appropriations Committees of the General
Assembly regarding the provision of monies for such assistance
as provided in this Section, including the number of persons
served, the level and cost of food provided and the level and
cost of each type of shelter provided and any unmet need as to
food and shelter.
The Illinois Department of Human Services shall make such
reports to the Federal Department or other Federal agencies in
such form and containing such information as may be required,
and shall comply with such provisions as may be necessary to
assure the correctness and verification of such reports if
funds are contributed by the Federal Government. In cooperating
with any federal agency providing federal funds, commodities,
or aid for public aid and other purposes, the Department of
Human Services, with the consent of the Governor, may make
necessary expenditures from moneys appropriated for such
purposes for any of the subdivisions of public aid, for related

purposes, or for administration.
(Source: P.A. 88-332; 89-507, eff. 7-1-97; revised 9-16-10.)
(305 ILCS 5/12-4.40)
Sec. 12-4.40. Payment Recapture Audits. The Department of
Healthcare and Family Services is authorized to contract with
third-party entities to conduct Payment Recapture Audits to
detect and recapture payments made in error or as a result of
fraud or abuse. Payment Recapture Audits under this Section may
be performed in conjunction with similar audits performed under
federal authorization.
A Payment Recapture Audit shall include the process of
identifying improper payments paid to providers or other
entities whereby accounting specialists and fraud examination
specialists examine payment records and uncover such problems
as duplicate payments, payments for services not rendered,
overpayments, payments for unauthorized services, and
fictitious vendors. This audit may include the use of
professional and specialized auditors on a contingency basis,
with compensation tied to the identification of misspent funds.
The use of Payment Recapture Audits does not preclude the
Office of the Inspector General or any other authorized agency
employee from performing activities to identify and prevent
improper payments.
(Source: P.A. 96-942, eff. 6-25-10.)

(305 ILCS 5/12-4.41)
Sec. 12-4.41 12-4.40. Public Benefits Fraud Protection
Task Force.
(a) Purpose. The purpose of the Public Benefits Fraud
Protection Task Force is to conduct a thorough review of the
nature of public assistance fraud in the State of Illinois; to
ascertain the feasibility of implementing a mechanism to
determine the pervasiveness and frequency of public assistance
fraud; to calculate the detriment of public assistance fraud to
the financial status and socio-economic status of public aid
recipients specifically and Illinois taxpayers generally; and
to determine if more stringent penalties or compassionate
procedures are necessary.
(b) Definitions. As used in this Section:
"Task Force" means the Public Benefits Fraud Protection
Task Force.
"Public assistance" or "public aid" includes, without
limitation, Medicaid, TANF, the Illinois LINK Program, General
Assistance, Transitional Assistance, the Supplemental
Nutrition Assistance Program, and the Child Care Assistance
Program.
(c) The Public Benefits Fraud Protection Task Force. The
Public Benefits Fraud Protection Task Force is created. The
Task Force shall be composed of 17 members appointed as
follows:
(1) One member of the Illinois Senate appointed by the

President of the Senate, who shall be co-chair to the Task
Force;
(2) One member of the Illinois Senate appointed by the
Senate Minority Leader;
(3) One member of the Illinois House of Representatives
appointed by the Speaker of the House of Representatives,
who shall be co-chair to the Task Force;
(4) One member of the Illinois House of Representatives
appointed by the House Minority Leader;
(5) The following persons, or their designees: the
Director of Public Health, the Director of Healthcare and
Family Services, and the Secretary of Human Services;
(6) The Director of the Illinois Department on Aging,
or his or her designee;
(7) The Executive Inspector General appointed by the
Governor, or his or her designee;
(8) The Inspector General of the Illinois Department of
Human Services, or his or her designee;
(9) A representative from the Illinois State Police
Medicaid Fraud Control Unit;
(10) Three persons, who are not currently employed by a
State agency, appointed by the Secretary of Human Services,
one of whom shall be a person with professional experience
in child care issues, one of whom shall be a person with
knowledge and experience in legal aid services, and one of
whom shall be a person with knowledge and experience in

poverty law;
(11) The Attorney General, or his or her designee;
(12) A representative of a union representing front
line State employees who administer public benefits
programs; and
(13) A representative of a statewide business
association.
(d) Compensation and qualifications. Members shall serve
without compensation and shall be adults and residents of
Illinois.
(e) Appointments. Appointments shall be made 90 days from
the effective date of this amendatory Act of the 96th General
Assembly.
(f) Hearings. The Task Force shall solicit comments from
stakeholders and hold public hearings before filing any report
required by this Section. At the public hearings, the Task
Force shall allow interested persons to present their views and
comments. The Task Force shall submit all reports required by
this Section to the Governor and the General Assembly. In
addition to the reports required by this Section, the Task
Force may provide, at its discretion, interim reports and
recommendations. The Department of Human Services shall
provide administrative support to the Task Force.
(g) Task Force duties. The Task Force shall gather
information and make recommendations relating to at least the
following topics in relation to public assistance fraud:

(1) Reviews of provider billing of public aid claims.
(2) Reviews of recipient utilization of public aid.
(3) Protocols for investigating recipient public aid
fraud.
(4) Protocols for investigating provider public aid
fraud.
(5) Reporting of alleged fraud by private citizens
through qui tam actions.
(6) Examination of current fraud prevention measures
which may hinder legitimate aid claims.
(7) Coordination between relevant agencies in fraud
investigation.
(8) Financial audit of the current costs borne by aid
recipients and Illinois government through fraud.
(9) Examination of enhanced penalties for fraudulent
recipients and providers.
(10) Enhanced whistleblower protections.
(11) Voluntary assistance from businesses and
community groups in efforts to curb fraud.
(h) Task Force recommendations. Any of the findings,
recommendations, public postings, and other relevant
information regarding the Task Force shall be made available on
the Department of Human Services' website.
(i) Reporting requirements. The Task Force shall submit
findings and recommendations to the Governor and the General
Assembly by December 31, 2011, including any necessary

implementing legislation, and recommendations for changes to
policies, rules, or procedures that are not incorporated in the
implementing legislation.
(j) Dissolution of Task Force. The Task Force shall be
dissolved 90 days after its report has been submitted to the
Governor's Office and the General Assembly.
(Source: P.A. 96-1346, eff. 1-1-11; revised 9-9-10.)
(305 ILCS 5/12-4.42)
Sec. 12-4.42 12-4.40. Medicaid Revenue Maximization.
(a) Purpose. The General Assembly finds that there is a
need to make changes to the administration of services provided
by State and local governments in order to maximize federal
financial participation.
(b) Definitions. As used in this Section:
"Community Medicaid mental health services" means all
mental health services outlined in Section 132 of Title 59 of
the Illinois Administrative Code that are funded through DHS,
eligible for federal financial participation, and provided by a
community-based provider.
"Community-based provider" means an entity enrolled as a
provider pursuant to Sections 140.11 and 140.12 of Title 89 of
the Illinois Administrative Code and certified to provide
community Medicaid mental health services in accordance with
Section 132 of Title 59 of the Illinois Administrative Code.
"DCFS" means the Department of Children and Family

Services.
"Department" means the Illinois Department of Healthcare
and Family Services.
"Developmentally disabled care facility" means an
intermediate care facility for the mentally retarded within the
meaning of Title XIX of the Social Security Act, whether public
or private and whether organized for profit or not-for-profit,
but shall not include any facility operated by the State.
"Developmentally disabled care provider" means a person
conducting, operating, or maintaining a developmentally
disabled care facility. For purposes of this definition,
"person" means any political subdivision of the State,
municipal corporation, individual, firm, partnership,
corporation, company, limited liability company, association,
joint stock association, or trust, or a receiver, executor,
trustee, guardian, or other representative appointed by order
of any court.
"DHS" means the Illinois Department of Human Services.
"Hospital" means an institution, place, building, or
agency located in this State that is licensed as a general
acute hospital by the Illinois Department of Public Health
under the Hospital Licensing Act, whether public or private and
whether organized for profit or not-for-profit.
"Long term care facility" means (i) a skilled nursing or
intermediate long term care facility, whether public or private
and whether organized for profit or not-for-profit, that is

subject to licensure by the Illinois Department of Public
Health under the Nursing Home Care Act, including a county
nursing home directed and maintained under Section 5-1005 of
the Counties Code, and (ii) a part of a hospital in which
skilled or intermediate long term care services within the
meaning of Title XVIII or XIX of the Social Security Act are
provided; except that the term "long term care facility" does
not include a facility operated solely as an intermediate care
facility for the mentally retarded within the meaning of Title
XIX of the Social Security Act.
"Long term care provider" means (i) a person licensed by
the Department of Public Health to operate and maintain a
skilled nursing or intermediate long term care facility or (ii)
a hospital provider that provides skilled or intermediate long
term care services within the meaning of Title XVIII or XIX of
the Social Security Act. For purposes of this definition,
"person" means any political subdivision of the State,
municipal corporation, individual, firm, partnership,
corporation, company, limited liability company, association,
joint stock association, or trust, or a receiver, executor,
trustee, guardian, or other representative appointed by order
of any court.
"State-operated developmentally disabled care facility"
means an intermediate care facility for the mentally retarded
within the meaning of Title XIX of the Social Security Act
operated by the State.

(c) Administration and deposit of Revenues. The Department
shall coordinate the implementation of changes required by this
amendatory Act of the 96th General Assembly amongst the various
State and local government bodies that administer programs
referred to in this Section.
Revenues generated by program changes mandated by any
provision in this Section, less reasonable administrative
costs associated with the implementation of these program
changes, shall be deposited into the Healthcare Provider Relief
Fund.
The Department shall issue a report to the General Assembly
detailing the implementation progress of this amendatory Act of
the 96th General Assembly as a part of the Department's Medical
Programs annual report for fiscal years 2010 and 2011.
(d) Acceleration of payment vouchers. To the extent
practicable and permissible under federal law, the Department
shall create all vouchers for long term care facilities and
developmentally disabled care facilities for dates of service
in the month in which the enhanced federal medical assistance
percentage (FMAP) originally set forth in the American Recovery
and Reinvestment Act (ARRA) expires and for dates of service in
the month prior to that month and shall, no later than the 15th
of the month in which the enhanced FMAP expires, submit these
vouchers to the Comptroller for payment.
The Department of Human Services shall create the necessary
documentation for State-operated developmentally disabled care

facilities so that the necessary data for all dates of service
before the expiration of the enhanced FMAP originally set forth
in the ARRA can be adjudicated by the Department no later than
the 15th of the month in which the enhanced FMAP expires.
(e) Billing of DHS community Medicaid mental health
services. No later than July 1, 2011, community Medicaid mental
health services provided by a community-based provider must be
billed directly to the Department.
(f) DCFS Medicaid services. The Department shall work with
DCFS to identify existing programs, pending qualifying
services, that can be converted in an economically feasible
manner to Medicaid in order to secure federal financial
revenue.
(g) Third Party Liability recoveries. The Department shall
contract with a vendor to support the Department in
coordinating benefits for Medicaid enrollees. The scope of work
shall include, at a minimum, the identification of other
insurance for Medicaid enrollees and the recovery of funds paid
by the Department when another payer was liable. The vendor may
be paid a percentage of actual cash recovered when practical
and subject to federal law.
(h) Public health departments. The Department shall
identify unreimbursed costs for persons covered by Medicaid who
are served by the Chicago Department of Public Health.
The Department shall assist the Chicago Department of
Public Health in determining total unreimbursed costs

associated with the provision of healthcare services to
Medicaid enrollees.
The Department shall determine and draw the maximum
allowable federal matching dollars associated with the cost of
Chicago Department of Public Health services provided to
Medicaid enrollees.
(i) Acceleration of hospital-based payments. The
Department shall, by the 10th day of the month in which the
enhanced FMAP originally set forth in the ARRA expires, create
vouchers for all State fiscal year 2011 hospital payments
exempt from the prompt payment requirements of the ARRA. The
Department shall submit these vouchers to the Comptroller for
payment.
(Source: P.A. 96-1405, eff. 7-29-10; revised 9-9-10.)
Section 450. The Neighborhood Redevelopment Corporation
Law is amended by changing Section 3 as follows:
(315 ILCS 20/3) (from Ch. 67 1/2, par. 253)
Sec. 3. Whenever used or referred to in this Act, the terms
defined in the Sections following this Section and preceding
Section 4 Sections 3-1 to 3-11, inclusive, have the meanings
and inclusions therein ascribed, unless a different intent
clearly appears from the context.
(Source: Laws 1947, p. 685; revised 9-16-10.)

Section 455. The Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
amended by changing Sections 4 and 6 as follows:
(320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
Sec. 4. Amount of Grant.
(a) In general. Any individual 65 years or older or any
individual who will become 65 years old during the calendar
year in which a claim is filed, and any surviving spouse of
such a claimant, who at the time of death received or was
entitled to receive a grant pursuant to this Section, which
surviving spouse will become 65 years of age within the 24
months immediately following the death of such claimant and
which surviving spouse but for his or her age is otherwise
qualified to receive a grant pursuant to this Section, and any
disabled person whose annual household income is less than the
income eligibility limitation, as defined in subsection (a-5)
and whose household is liable for payment of property taxes
accrued or has paid rent constituting property taxes accrued
and is domiciled in this State at the time he or she files his
or her claim is entitled to claim a grant under this Act. With
respect to claims filed by individuals who will become 65 years
old during the calendar year in which a claim is filed, the
amount of any grant to which that household is entitled shall
be an amount equal to 1/12 of the amount to which the claimant
would otherwise be entitled as provided in this Section,

multiplied by the number of months in which the claimant was 65
in the calendar year in which the claim is filed.
(a-5) Income eligibility limitation. For purposes of this
Section, "income eligibility limitation" means an amount for
grant years 2008 and thereafter:
(1) less than $22,218 for a household containing one
person;
(2) less than $29,480 for a household containing 2
persons; or
(3) less than $36,740 for a household containing 3 or
more persons.
For 2009 claim year applications submitted during calendar
year 2010, a household must have annual household income of
less than $27,610 for a household containing one person; less
than $36,635 for a household containing 2 persons; or less than
$45,657 for a household containing 3 or more persons.
The Department on Aging may adopt rules such that on
January 1, 2011, and thereafter, the foregoing household income
eligibility limits may be changed to reflect the annual cost of
living adjustment in Social Security and Supplemental Security
Income benefits that are applicable to the year for which those
benefits are being reported as income on an application.
If a person files as a surviving spouse, then only his or
her income shall be counted in determining his or her household
income.
(b) Limitation. Except as otherwise provided in

subsections (a) and (f) of this Section, the maximum amount of
grant which a claimant is entitled to claim is the amount by
which the property taxes accrued which were paid or payable
during the last preceding tax year or rent constituting
property taxes accrued upon the claimant's residence for the
last preceding taxable year exceeds 3 1/2% of the claimant's
household income for that year but in no event is the grant to
exceed (i) $700 less 4.5% of household income for that year for
those with a household income of $14,000 or less or (ii) $70 if
household income for that year is more than $14,000.
(c) Public aid recipients. If household income in one or
more months during a year includes cash assistance in excess of
$55 per month from the Department of Healthcare and Family
Services or the Department of Human Services (acting as
successor to the Department of Public Aid under the Department
of Human Services Act) which was determined under regulations
of that Department on a measure of need that included an
allowance for actual rent or property taxes paid by the
recipient of that assistance, the amount of grant to which that
household is entitled, except as otherwise provided in
subsection (a), shall be the product of (1) the maximum amount
computed as specified in subsection (b) of this Section and (2)
the ratio of the number of months in which household income did
not include such cash assistance over $55 to the number twelve.
If household income did not include such cash assistance over
$55 for any months during the year, the amount of the grant to

which the household is entitled shall be the maximum amount
computed as specified in subsection (b) of this Section. For
purposes of this paragraph (c), "cash assistance" does not
include any amount received under the federal Supplemental
Security Income (SSI) program.
(d) Joint ownership. If title to the residence is held
jointly by the claimant with a person who is not a member of
his or her household, the amount of property taxes accrued used
in computing the amount of grant to which he or she is entitled
shall be the same percentage of property taxes accrued as is
the percentage of ownership held by the claimant in the
residence.
(e) More than one residence. If a claimant has occupied
more than one residence in the taxable year, he or she may
claim only one residence for any part of a month. In the case
of property taxes accrued, he or she shall prorate 1/12 of the
total property taxes accrued on his or her residence to each
month that he or she owned and occupied that residence; and, in
the case of rent constituting property taxes accrued, shall
prorate each month's rent payments to the residence actually
occupied during that month.
(f) (Blank).
(g) Effective January 1, 2006, there is hereby established
a program of pharmaceutical assistance to the aged and
disabled, entitled the Illinois Seniors and Disabled Drug
Coverage Program, which shall be administered by the Department

of Healthcare and Family Services and the Department on Aging
in accordance with this subsection, to consist of coverage of
specified prescription drugs on behalf of beneficiaries of the
program as set forth in this subsection.
To become a beneficiary under the program established under
this subsection, a person must:
(1) be (i) 65 years of age or older or (ii) disabled;
and
(2) be domiciled in this State; and
(3) enroll with a qualified Medicare Part D
Prescription Drug Plan if eligible and apply for all
available subsidies under Medicare Part D; and
(4) for the 2006 and 2007 claim years, have a maximum
household income of (i) less than $21,218 for a household
containing one person, (ii) less than $28,480 for a
household containing 2 persons, or (iii) less than $35,740
for a household containing 3 or more persons; and
(5) for the 2008 claim year, have a maximum household
income of (i) less than $22,218 for a household containing
one person, (ii) $29,480 for a household containing 2
persons, or (iii) $36,740 for a household containing 3 or
more persons; and
(6) for 2009 claim year applications submitted during
calendar year 2010, have annual household income of less
than (i) $27,610 for a household containing one person;
(ii) less than $36,635 for a household containing 2

persons; or (iii) less than $45,657 for a household
containing 3 or more persons.
The Department of Healthcare and Family Services may adopt
rules such that on January 1, 2011, and thereafter, the
foregoing household income eligibility limits may be changed to
reflect the annual cost of living adjustment in Social Security
and Supplemental Security Income benefits that are applicable
to the year for which those benefits are being reported as
income on an application.
All individuals enrolled as of December 31, 2005, in the
pharmaceutical assistance program operated pursuant to
subsection (f) of this Section and all individuals enrolled as
of December 31, 2005, in the SeniorCare Medicaid waiver program
operated pursuant to Section 5-5.12a of the Illinois Public Aid
Code shall be automatically enrolled in the program established
by this subsection for the first year of operation without the
need for further application, except that they must apply for
Medicare Part D and the Low Income Subsidy under Medicare Part
D. A person enrolled in the pharmaceutical assistance program
operated pursuant to subsection (f) of this Section as of
December 31, 2005, shall not lose eligibility in future years
due only to the fact that they have not reached the age of 65.
To the extent permitted by federal law, the Department may
act as an authorized representative of a beneficiary in order
to enroll the beneficiary in a Medicare Part D Prescription
Drug Plan if the beneficiary has failed to choose a plan and,

where possible, to enroll beneficiaries in the low-income
subsidy program under Medicare Part D or assist them in
enrolling in that program.
Beneficiaries under the program established under this
subsection shall be divided into the following 4 eligibility
groups:
(A) Eligibility Group 1 shall consist of beneficiaries
who are not eligible for Medicare Part D coverage and who
are:
(i) disabled and under age 65; or
(ii) age 65 or older, with incomes over 200% of the
Federal Poverty Level; or
(iii) age 65 or older, with incomes at or below
200% of the Federal Poverty Level and not eligible for
federally funded means-tested benefits due to
immigration status.
(B) Eligibility Group 2 shall consist of beneficiaries
who are eligible for Medicare Part D coverage.
(C) Eligibility Group 3 shall consist of beneficiaries
age 65 or older, with incomes at or below 200% of the
Federal Poverty Level, who are not barred from receiving
federally funded means-tested benefits due to immigration
status and are not eligible for Medicare Part D coverage.
If the State applies and receives federal approval for
a waiver under Title XIX of the Social Security Act,
persons in Eligibility Group 3 shall continue to receive

benefits through the approved waiver, and Eligibility
Group 3 may be expanded to include disabled persons under
age 65 with incomes under 200% of the Federal Poverty Level
who are not eligible for Medicare and who are not barred
from receiving federally funded means-tested benefits due
to immigration status.
(D) Eligibility Group 4 shall consist of beneficiaries
who are otherwise described in Eligibility Group 2 who have
a diagnosis of HIV or AIDS.
The program established under this subsection shall cover
the cost of covered prescription drugs in excess of the
beneficiary cost-sharing amounts set forth in this paragraph
that are not covered by Medicare. In 2006, beneficiaries shall
pay a co-payment of $2 for each prescription of a generic drug
and $5 for each prescription of a brand-name drug. In future
years, beneficiaries shall pay co-payments equal to the
co-payments required under Medicare Part D for "other
low-income subsidy eligible individuals" pursuant to 42 CFR
423.782(b). For individuals in Eligibility Groups 1, 2, and 3,
once the program established under this subsection and Medicare
combined have paid $1,750 in a year for covered prescription
drugs, the beneficiary shall pay 20% of the cost of each
prescription in addition to the co-payments set forth in this
paragraph. For individuals in Eligibility Group 4, once the
program established under this subsection and Medicare
combined have paid $1,750 in a year for covered prescription

drugs, the beneficiary shall pay 20% of the cost of each
prescription in addition to the co-payments set forth in this
paragraph unless the drug is included in the formulary of the
Illinois AIDS Drug Assistance Program operated by the Illinois
Department of Public Health and covered by the Medicare Part D
Prescription Drug Plan in which the beneficiary is enrolled. If
the drug is included in the formulary of the Illinois AIDS Drug
Assistance Program and covered by the Medicare Part D
Prescription Drug Plan in which the beneficiary is enrolled,
individuals in Eligibility Group 4 shall continue to pay the
co-payments set forth in this paragraph after the program
established under this subsection and Medicare combined have
paid $1,750 in a year for covered prescription drugs.
For beneficiaries eligible for Medicare Part D coverage,
the program established under this subsection shall pay 100% of
the premiums charged by a qualified Medicare Part D
Prescription Drug Plan for Medicare Part D basic prescription
drug coverage, not including any late enrollment penalties.
Qualified Medicare Part D Prescription Drug Plans may be
limited by the Department of Healthcare and Family Services to
those plans that sign a coordination agreement with the
Department.
For Notwithstanding Section 3.15, for purposes of the
program established under this subsection, the term "covered
prescription drug" has the following meanings:
For Eligibility Group 1, "covered prescription drug"

means: (1) any cardiovascular agent or drug; (2) any
insulin or other prescription drug used in the treatment of
diabetes, including syringe and needles used to administer
the insulin; (3) any prescription drug used in the
treatment of arthritis; (4) any prescription drug used in
the treatment of cancer; (5) any prescription drug used in
the treatment of Alzheimer's disease; (6) any prescription
drug used in the treatment of Parkinson's disease; (7) any
prescription drug used in the treatment of glaucoma; (8)
any prescription drug used in the treatment of lung disease
and smoking-related illnesses; (9) any prescription drug
used in the treatment of osteoporosis; and (10) any
prescription drug used in the treatment of multiple
sclerosis. The Department may add additional therapeutic
classes by rule. The Department may adopt a preferred drug
list within any of the classes of drugs described in items
(1) through (10) of this paragraph. The specific drugs or
therapeutic classes of covered prescription drugs shall be
indicated by rule.
For Eligibility Group 2, "covered prescription drug"
means those drugs covered by the Medicare Part D
Prescription Drug Plan in which the beneficiary is
enrolled.
For Eligibility Group 3, "covered prescription drug"
means those drugs covered by the Medical Assistance Program
under Article V of the Illinois Public Aid Code.

For Eligibility Group 4, "covered prescription drug"
means those drugs covered by the Medicare Part D
Prescription Drug Plan in which the beneficiary is
enrolled.
An individual in Eligibility Group 1, 2, 3, or 4 may opt to
receive a $25 monthly payment in lieu of the direct coverage
described in this subsection.
Any person otherwise eligible for pharmaceutical
assistance under this subsection whose covered drugs are
covered by any public program is ineligible for assistance
under this subsection to the extent that the cost of those
drugs is covered by the other program.
The Department of Healthcare and Family Services shall
establish by rule the methods by which it will provide for the
coverage called for in this subsection. Those methods may
include direct reimbursement to pharmacies or the payment of a
capitated amount to Medicare Part D Prescription Drug Plans.
For a pharmacy to be reimbursed under the program
established under this subsection, it must comply with rules
adopted by the Department of Healthcare and Family Services
regarding coordination of benefits with Medicare Part D
Prescription Drug Plans. A pharmacy may not charge a
Medicare-enrolled beneficiary of the program established under
this subsection more for a covered prescription drug than the
appropriate Medicare cost-sharing less any payment from or on
behalf of the Department of Healthcare and Family Services.

The Department of Healthcare and Family Services or the
Department on Aging, as appropriate, may adopt rules regarding
applications, counting of income, proof of Medicare status,
mandatory generic policies, and pharmacy reimbursement rates
and any other rules necessary for the cost-efficient operation
of the program established under this subsection.
(h) A qualified individual is not entitled to duplicate
benefits in a coverage period as a result of the changes made
by this amendatory Act of the 96th General Assembly.
(Source: P.A. 95-208, eff. 8-16-07; 95-644, eff. 10-12-07;
95-876, eff. 8-21-08; 96-804, eff. 1-1-10; revised 9-16-10.)
(320 ILCS 25/6) (from Ch. 67 1/2, par. 406)
Sec. 6. Administration.
(a) In general. Upon receipt of a timely filed claim, the
Department shall determine whether the claimant is a person
entitled to a grant under this Act and the amount of grant to
which he is entitled under this Act. The Department may require
the claimant to furnish reasonable proof of the statements of
domicile, household income, rent paid, property taxes accrued
and other matters on which entitlement is based, and may
withhold payment of a grant until such additional proof is
furnished.
(b) Rental determination. If the Department finds that the
gross rent used in the computation by a claimant of rent
constituting property taxes accrued exceeds the fair rental

value for the right to occupy that residence, the Department
may determine the fair rental value for that residence and
recompute rent constituting property taxes accrued
accordingly.
(c) Fraudulent claims. The Department shall deny claims
which have been fraudulently prepared or when it finds that the
claimant has acquired title to his residence or has paid rent
for his residence primarily for the purpose of receiving a
grant under this Act.
(d) Pharmaceutical Assistance. The Department shall allow
all pharmacies licensed under the Pharmacy Practice Act to
participate as authorized pharmacies unless they have been
removed from that status for cause pursuant to the terms of
this Section. The Director of the Department may enter into a
written contract with any State agency, instrumentality or
political subdivision, or a fiscal intermediary for the purpose
of making payments to authorized pharmacies for covered
prescription drugs and coordinating the program of
pharmaceutical assistance established by this Act with other
programs that provide payment for covered prescription drugs.
Such agreement shall establish procedures for properly
contracting for pharmacy services, validating reimbursement
claims, validating compliance of dispensing pharmacists with
the contracts for participation required under this Section,
validating the reasonable costs of covered prescription drugs,
and otherwise providing for the effective administration of

this Act.
The Department shall promulgate rules and regulations to
implement and administer the program of pharmaceutical
assistance required by this Act, which shall include the
following:
(1) Execution of contracts with pharmacies to dispense
covered prescription drugs. Such contracts shall stipulate
terms and conditions for authorized pharmacies
participation and the rights of the State to terminate such
participation for breach of such contract or for violation
of this Act or related rules and regulations of the
Department;
(2) Establishment of maximum limits on the size of
prescriptions, new or refilled, which shall be in amounts
sufficient for 34 days, except as otherwise specified by
rule for medical or utilization control reasons;
(3) Establishment of liens upon any and all causes of
action which accrue to a beneficiary as a result of
injuries for which covered prescription drugs are directly
or indirectly required and for which the Director made
payment or became liable for under this Act;
(4) Charge or collection of payments from third parties
or private plans of assistance, or from other programs of
public assistance for any claim that is properly chargeable
under the assignment of benefits executed by beneficiaries
as a requirement of eligibility for the pharmaceutical

assistance identification card under this Act;
(4.5) Provision for automatic enrollment of
beneficiaries into a Medicare Discount Card program
authorized under the federal Medicare Modernization Act of
2003 (P.L. 108-391) to coordinate coverage including
Medicare Transitional Assistance;
(5) Inspection of appropriate records and audit of
participating authorized pharmacies to ensure contract
compliance, and to determine any fraudulent transactions
or practices under this Act;
(6) Annual determination of the reasonable costs of
covered prescription drugs for which payments are made
under this Act, as provided in Section 3.16 (now repealed);
(7) Payment to pharmacies under this Act in accordance
with the State Prompt Payment Act.
The Department shall annually report to the Governor and
the General Assembly by March 1st of each year on the
administration of pharmaceutical assistance under this Act. By
the effective date of this Act the Department shall determine
the reasonable costs of covered prescription drugs in
accordance with Section 3.16 of this Act (now repealed).
(Source: P.A. 96-328, eff. 8-11-09; revised 9-16-10.)
Section 460. The Abandoned Newborn Infant Protection Act is
amended by changing Section 35 as follows:

(325 ILCS 2/35)
Sec. 35. Information for relinquishing person.
(a) A hospital, police station, fire station, or emergency
medical facility that receives a newborn infant relinquished in
accordance with this Act must offer an information packet to
the relinquishing person and, if possible, must clearly inform
the relinquishing person that his or her acceptance of the
information is completely voluntary. The information packet
must include all of the following:
(1) (Blank).
(2) Written notice of the following:
(A) No sooner than 60 days following the date of
the initial relinquishment of the infant to a hospital,
police station, fire station, or emergency medical
facility, the child-placing agency or the Department
will commence proceedings for the termination of
parental rights and placement of the infant for
adoption.
(B) Failure of a parent of the infant to contact
the Department and petition for the return of custody
of the infant before termination of parental rights
bars any future action asserting legal rights with
respect to the infant.
(3) A resource list of providers of counseling services
including grief counseling, pregnancy counseling, and
counseling regarding adoption and other available options

for placement of the infant.
Upon request of a parent, the Department of Public Health
shall provide the application forms for the Illinois Adoption
Registry and Medical Information Exchange.
(b) The information packet given to a relinquishing parent
in accordance with this Act shall include, in addition to other
information required under this Act, the following:
(1) A brochure (with a self-mailer attached) that
describes this Act and the rights of birth parents,
including an optional section for the parent to complete
and mail to the Department of Children and Family Services,
that shall ask for basic anonymous background information
about the relinquished child. This brochure shall be
maintained by the Department on its website.
(2) A brochure that describes the Illinois Adoption
Registry, including a toll-free number and website
information. This brochure shall be maintained on the
Office of Vital Records website.
(3) A brochure describing postpartum health
information for the mother.
The information packet shall be designed in coordination
between the Office of Vital Records and the Department of
Children and Family Services, with the exception of the
resource list of providers of counseling services and adoption
agencies, which shall be provided by the hospital, fire
station, police station, sheriff's office, or emergency

medical facility.
(Source: P.A. 96-1114, eff. 7-20-10; revised 9-16-10.)
Section 465. The Abused and Neglected Child Reporting Act
is amended by changing Sections 3, 7.7, and 7.14 as follows:
(325 ILCS 5/3) (from Ch. 23, par. 2053)
Sec. 3. As used in this Act unless the context otherwise
requires:
"Adult resident" means any person between 18 and 22 years
of age who resides in any facility licensed by the Department
under the Child Care Act of 1969. For purposes of this Act, the
criteria set forth in the definitions of "abused child" and
"neglected child" shall be used in determining whether an adult
resident is abused or neglected.
"Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
"Department" means Department of Children and Family
Services.
"Local law enforcement agency" means the police of a city,
town, village or other incorporated area or the sheriff of an
unincorporated area or any sworn officer of the Illinois
Department of State Police.
"Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's

welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon such child physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
such child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against such child, as such sex offenses are defined in the
Criminal Code of 1961, as amended, or in the Wrongs to
Children Act, and extending those definitions of sex
offenses to include children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon such child;
(e) inflicts excessive corporal punishment;
(f) commits or allows to be committed the offense of
female genital mutilation, as defined in Section 12-34 of
the Criminal Code of 1961, against the child; or
(g) causes to be sold, transferred, distributed, or
given to such child under 18 years of age, a controlled
substance as defined in Section 102 of the Illinois

Controlled Substances Act in violation of Article IV of the
Illinois Controlled Substances Act or in violation of the
Methamphetamine Control and Community Protection Act,
except for controlled substances that are prescribed in
accordance with Article III of the Illinois Controlled
Substances Act and are dispensed to such child in a manner
that substantially complies with the prescription; or .
(h) commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons for forced labor or
services as defined in Section 10-9 of the Criminal Code of
1961 against the child.
A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
"Neglected child" means any child who is not receiving the
proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is abandoned by his or her parents or other person

responsible for the child's welfare without a proper plan of
care; or who has been provided with interim crisis intervention
services under Section 3-5 of the Juvenile Court Act of 1987
and whose parent, guardian, or custodian refuses to permit the
child to return home and no other living arrangement agreeable
to the parent, guardian, or custodian can be made, and the
parent, guardian, or custodian has not made any other
appropriate living arrangement for the child; or who is a
newborn infant whose blood, urine, or meconium contains any
amount of a controlled substance as defined in subsection (f)
of Section 102 of the Illinois Controlled Substances Act or a
metabolite thereof, with the exception of a controlled
substance or metabolite thereof whose presence in the newborn
infant is the result of medical treatment administered to the
mother or the newborn infant. A child shall not be considered
neglected for the sole reason that the child's parent or other
person responsible for his or her welfare has left the child in
the care of an adult relative for any period of time. A child
shall not be considered neglected for the sole reason that the
child has been relinquished in accordance with the Abandoned
Newborn Infant Protection Act. A child shall not be considered
neglected or abused for the sole reason that such child's
parent or other person responsible for his or her welfare
depends upon spiritual means through prayer alone for the
treatment or cure of disease or remedial care as provided under
Section 4 of this Act. A child shall not be considered

neglected or abused solely because the child is not attending
school in accordance with the requirements of Article 26 of The
School Code, as amended.
"Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
"Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other
person responsible for the child's welfare at the time of the
alleged abuse or neglect, or any person who came to know the
child through an official capacity or position of trust,
including but not limited to health care professionals,
educational personnel, recreational supervisors, members of
the clergy, and volunteers or support personnel in any setting
where children may be subject to abuse or neglect.
"Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile

offenders.
"An unfounded report" means any report made under this Act
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
"An indicated report" means a report made under this Act if
an investigation determines that credible evidence of the
alleged abuse or neglect exists.
"An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
"Subject of report" means any child reported to the central
register of child abuse and neglect established under Section
7.7 of this Act as an alleged victim of child abuse or neglect
and the parent or guardian of the alleged victim or other
person responsible for the alleged victim's welfare who is
named in the report or added to the report as an alleged
perpetrator of child abuse or neglect.
"Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
"Member of the clergy" means a clergyman or practitioner of
any religious denomination accredited by the religious body to
which he or she belongs.
(Source: P.A. 95-443, eff. 1-1-08; 96-1196, eff. 1-1-11;
96-1446, eff. 8-20-10; 96-1464, eff. 8-20-10; revised

9-16-10.)
(325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
Sec. 7.7. There shall be a central register of all cases of
suspected child abuse or neglect reported and maintained by the
Department under this Act. Through the recording of initial,
preliminary, and final reports, the central register shall be
operated in such a manner as to enable the Department to: (1)
immediately identify and locate prior reports of child abuse or
neglect; (2) continuously monitor the current status of all
reports of child abuse or neglect being provided services under
this Act; and (3) regularly evaluate the effectiveness of
existing laws and programs through the development and analysis
of statistical and other information.
The Department shall maintain in the central register a
listing of unfounded reports where the subject of the unfounded
report requests that the record not be expunged because the
subject alleges an intentional false report was made. Such a
request must be made by the subject in writing to the
Department, within 10 days of the investigation.
The Department shall also maintain in the central register
a listing of unfounded reports where the report was classified
as a priority one or priority two report in accordance with the
Department's rules or the report was made by a person mandated
to report suspected abuse or neglect under this Act.
The Department shall maintain in the central register for 3

years a listing of unfounded reports involving the death of a
child, the sexual abuse of a child, or serious physical injury
to a child as defined by the Department in rules.
The Department shall maintain all other unfounded reports
for 12 months following the date of the final finding.
For purposes of this Section "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 96-1164, eff. 7-21-10; 96-1446, eff. 8-20-10;
revised 9-16-10.)
(325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
Sec. 7.14. All reports in the central register shall be
classified in one of three categories: "indicated",
"unfounded" or "undetermined", as the case may be. After the
report is classified, the person making the classification
shall determine whether the child named in the report is the
subject of an action under Article II of the Juvenile Court Act
of 1987. If the child is the subject of an action under Article
II of the Juvenile Court Act, the Department shall transmit a
copy of the report to the guardian ad litem appointed for the
child under Section 2-17 of the Juvenile Court Act. All
information identifying the subjects of an unfounded report
shall be expunged from the register forthwith, except as
provided in Section 7.7. Unfounded reports may only be made
available to the Child Protective Service Unit when

investigating a subsequent report of suspected abuse or
maltreatment involving a child named in the unfounded report;
and to the subject of the report, provided the Department has
not expunged the file in accordance with Section 7.7. The Child
Protective Service Unit shall not indicate the subsequent
report solely based upon the existence of the prior unfounded
report or reports. Notwithstanding any other provision of law
to the contrary, an unfounded report shall not be admissible in
any judicial or administrative proceeding or action.
Identifying information on all other records shall be removed
from the register no later than 5 years after the report is
indicated. However, if another report is received involving the
same child, his sibling or offspring, or a child in the care of
the persons responsible for the child's welfare, or involving
the same alleged offender, the identifying information may be
maintained in the register until 5 years after the subsequent
case or report is closed.
Notwithstanding any other provision of this Section,
identifying information in indicated reports involving serious
physical injury to a child as defined by the Department in
rules, may be retained longer than 5 years after the report is
indicated or after the subsequent case or report is closed, and
may not be removed from the register except as provided by the
Department in rules. Identifying information in indicated
reports involving sexual penetration of a child, sexual
molestation of a child, sexual exploitation of a child, torture

of a child, or the death of a child, as defined by the
Department in rules, shall be retained for a period of not less
than 50 years after the report is indicated or after the
subsequent case or report is closed.
For purposes of this Section "child" includes an adult
resident as defined in this Act.
(Source: P.A. 96-1164, eff. 7-21-10; 96-1446, eff. 8-20-10;
revised 9-16-10.)
Section 470. The Disposition of Veterans' Cremated Remains
Act is amended by changing Section 15 as follows:
(330 ILCS 112/15)
Sec. 15. Immunity. A funeral director or crematory
authority complying with this Act is immune from any criminal
or civil liability regarding the release of information
relating to (i) the determination of the deceased person's
status as a veteran, the spouse of a veteran, or the dependent
dependant child of a veteran, (ii) the availability of
interment or inurnment as a veteran, or (iii) the release of
the cremated remains to a veterans' cemetery. A funeral
director or crematory authority shall be immune from civil
liability for any act or omission under this Act, except for
willful or wanton misconduct. A veterans organization or
federally-chartered veterans service organization shall be
immune from civil liability for any act or omission related to

the disposition of cremated remains under this Act, except for
willful or wanton misconduct.
(Source: P.A. 96-81, eff. 7-27-09; revised 9-16-10.)
Section 475. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 1-122 and
1-122.1 as follows:
(405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122)
Sec. 1-122. Qualified examiner. "Qualified examiner" means
a person who is:
(a) a Clinical social worker as defined in this Act,
(b) a registered nurse with a master's degree in
psychiatric nursing who has 3 years of clinical training
and experience in the evaluation and treatment of mental
illness which has been acquired subsequent to any training
and experience which constituted a part of the degree
program,
(c) a licensed clinical professional counselor with a
master's or doctoral degree in counseling or psychology or
a similar master's or doctorate program from a regionally
accredited institution who has at least 3 years of
supervised post-master's postmaster's clinical
professional counseling experience that includes the
provision of mental health services for the evaluation,
treatment, and prevention of mental and emotional

disorders, or
(d) a licensed marriage and family therapist with a
master's or doctoral degree in marriage and family therapy
from a regionally accredited educational institution or a
similar master's program or from a program accredited by
either the Commission on Accreditation for Marriage and
Family Therapy or the Commission on Accreditation for
Counseling Related Educational Programs, who has at least 3
years of supervised post-master's experience as a marriage
and family therapist that includes the provision of mental
health services for the evaluation, treatment, and
prevention of mental and emotional disorders.
A social worker who is a qualified examiner shall be a
licensed clinical social worker under the Clinical Social Work
and Social Work Practice Act.
(Source: P.A. 96-1357, eff. 1-1-11; revised 9-16-10.)
(405 ILCS 5/1-122.1) (from Ch. 91 1/2, par. 1-122.1)
Sec. 1-122.1. "Clinical social worker" means a person who
(1) has a master's or doctoral degree in social work from an
accredited graduate school of social work and (2) has at least
3 years of supervised post-master's postmaster's clinical
social work practice which shall include the provision of
mental health services for the evaluation, treatment and
prevention of mental and emotional disorders.
(Source: P.A. 84-766; revised 9-16-10.)

Section 480. The Lead Poisoning Prevention Act is amended
by changing Section 13.1 as follows:
(410 ILCS 45/13.1) (from Ch. 111 1/2, par. 1313.1)
Sec. 13.1. Illinois Administrative Procedure Procedures
Act; application Application. The provisions of the Illinois
Administrative Procedure Act are adopted and shall apply to all
administrative rules and procedures of the Department of Public
Health under this Act, except that in cases of conflict between
the Illinois Administrative Procedure Act and this Act, the
provisions of this Act shall control. Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures
for rule-making does not apply to the adoption of any rule
required by federal law in connection with which the Department
is precluded by law from exercising any discretion.
(Source: P.A. 87-175; 88-45; revised 9-16-10.)
Section 485. The Environmental Protection Act is amended by
changing Sections 3.330, 22.15, and 58.15 as follows:
(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
Sec. 3.330. Pollution control facility.
(a) "Pollution control facility" is any waste storage site,
sanitary landfill, waste disposal site, waste transfer
station, waste treatment facility, or waste incinerator. This

includes sewers, sewage treatment plants, and any other
facilities owned or operated by sanitary districts organized
under the Metropolitan Water Reclamation District Act.
The following are not pollution control facilities:
(1) (blank);
(2) waste storage sites regulated under 40 CFR, Part
761.42;
(3) sites or facilities used by any person conducting a
waste storage, waste treatment, waste disposal, waste
transfer or waste incineration operation, or a combination
thereof, for wastes generated by such person's own
activities, when such wastes are stored, treated, disposed
of, transferred or incinerated within the site or facility
owned, controlled or operated by such person, or when such
wastes are transported within or between sites or
facilities owned, controlled or operated by such person;
(4) sites or facilities at which the State is
performing removal or remedial action pursuant to Section
22.2 or 55.3;
(5) abandoned quarries used solely for the disposal of
concrete, earth materials, gravel, or aggregate debris
resulting from road construction activities conducted by a
unit of government or construction activities due to the
construction and installation of underground pipes, lines,
conduit or wires off of the premises of a public utility
company which are conducted by a public utility;

(6) sites or facilities used by any person to
specifically conduct a landscape composting operation;
(7) regional facilities as defined in the Central
Midwest Interstate Low-Level Radioactive Waste Compact;
(8) the portion of a site or facility where coal
combustion wastes are stored or disposed of in accordance
with subdivision (r)(2) or (r)(3) of Section 21;
(9) the portion of a site or facility used for the
collection, storage or processing of waste tires as defined
in Title XIV;
(10) the portion of a site or facility used for
treatment of petroleum contaminated materials by
application onto or incorporation into the soil surface and
any portion of that site or facility used for storage of
petroleum contaminated materials before treatment. Only
those categories of petroleum listed in Section 57.9(a)(3)
are exempt under this subdivision (10);
(11) the portion of a site or facility where used oil
is collected or stored prior to shipment to a recycling or
energy recovery facility, provided that the used oil is
generated by households or commercial establishments, and
the site or facility is a recycling center or a business
where oil or gasoline is sold at retail;
(11.5) processing sites or facilities that receive
only on-specification used oil, as defined in 35 Ill.
Admin. Code 739, originating from used oil collectors for

processing that is managed under 35 Ill. Admin. Code 739 to
produce products for sale to off-site petroleum
facilities, if these processing sites or facilities are:
(i) located within a home rule unit of local government
with a population of at least 30,000 according to the 2000
federal census, that home rule unit of local government has
been designated as an Urban Round II Empowerment Zone by
the United States Department of Housing and Urban
Development, and that home rule unit of local government
has enacted an ordinance approving the location of the site
or facility and provided funding for the site or facility;
and (ii) in compliance with all applicable zoning
requirements;
(12) the portion of a site or facility utilizing coal
combustion waste for stabilization and treatment of only
waste generated on that site or facility when used in
connection with response actions pursuant to the federal
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, the federal Resource Conservation
and Recovery Act of 1976, or the Illinois Environmental
Protection Act or as authorized by the Agency;
(13) the portion of a site or facility that (i) accepts
exclusively general construction or demolition debris,
(ii) is located in a county with a population over
3,000,000 as of January 1, 2000 or in a county that is
contiguous to such a county, and (iii) is operated and

located in accordance with Section 22.38 of this Act;
(14) the portion of a site or facility, located within
a unit of local government that has enacted local zoning
requirements, used to accept, separate, and process
uncontaminated broken concrete, with or without protruding
metal bars, provided that the uncontaminated broken
concrete and metal bars are not speculatively accumulated,
are at the site or facility no longer than one year after
their acceptance, and are returned to the economic
mainstream in the form of raw materials or products;
(15) the portion of a site or facility located in a
county with a population over 3,000,000 that has obtained
local siting approval under Section 39.2 of this Act for a
municipal waste incinerator on or before July 1, 2005 and
that is used for a non-hazardous waste transfer station;
(16) a site or facility that temporarily holds in
transit for 10 days or less, non-putrescible
non-petruscible solid waste in original containers, no
larger in capacity than 500 gallons, provided that such
waste is further transferred to a recycling, disposal,
treatment, or storage facility on a non-contiguous site and
provided such site or facility complies with the applicable
10-day transfer requirements of the federal Resource
Conservation and Recovery Act of 1976 and United States
Department of Transportation hazardous material
requirements. For purposes of this Section only,

"non-putrescible non-petruscible solid waste" means waste
other than municipal garbage that does not rot or become
putrid, including, but not limited to, paints, solvent,
filters, and absorbents;
(17) the portion of a site or facility located in a
county with a population greater than 3,000,000 that has
obtained local siting approval, under Section 39.2 of this
Act, for a municipal waste incinerator on or before July 1,
2005 and that is used for wood combustion facilities for
energy recovery that accept and burn only wood material, as
included in a fuel specification approved by the Agency;
(18) a transfer station used exclusively for landscape
waste, including a transfer station where landscape waste
is ground to reduce its volume, where the landscape waste
is held no longer than 24 hours from the time it was
received;
(19) the portion of a site or facility that (i) is used
for the composting of food scrap, livestock waste, crop
residue, uncontaminated wood waste, or paper waste,
including, but not limited to, corrugated paper or
cardboard, and (ii) meets all of the following
requirements:
(A) There must not be more than a total of 30,000
cubic yards of livestock waste in raw form or in the
process of being composted at the site or facility at
any one time.

(B) All food scrap, livestock waste, crop residue,
uncontaminated wood waste, and paper waste must, by the
end of each operating day, be processed and placed into
an enclosed vessel in which air flow and temperature
are controlled, or all of the following additional
requirements must be met:
(i) The portion of the site or facility used
for the composting operation must include a
setback of at least 200 feet from the nearest
potable water supply well.
(ii) The portion of the site or facility used
for the composting operation must be located
outside the boundary of the 10-year floodplain or
floodproofed.
(iii) The portion of the site or facility used
for the composting operation must be located at
least one-eighth of a mile from the nearest
residence, other than a residence located on the
same property as the site or facility.
(iv) The portion of the site or facility used
for the composting operation must be located at
least one-eighth of a mile from the property line
of all of the following areas:
(I) Facilities that primarily serve to
house or treat people that are
immunocompromised or immunosuppressed, such as

cancer or AIDS patients; people with asthma,
cystic fibrosis, or bioaerosol allergies; or
children under the age of one year.
(II) Primary and secondary schools and
adjacent areas that the schools use for
recreation.
(III) Any facility for child care licensed
under Section 3 of the Child Care Act of 1969;
preschools; and adjacent areas that the
facilities or preschools use for recreation.
(v) By the end of each operating day, all food
scrap, livestock waste, crop residue,
uncontaminated wood waste, and paper waste must be
(i) processed into windrows or other piles and (ii)
covered in a manner that prevents scavenging by
birds and animals and that prevents other
nuisances.
(C) Food scrap, livestock waste, crop residue,
uncontaminated wood waste, paper waste, and compost
must not be placed within 5 feet of the water table.
(D) The site or facility must meet all of the
requirements of the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.).
(E) The site or facility must not (i) restrict the
flow of a 100-year flood, (ii) result in washout of
food scrap, livestock waste, crop residue,

uncontaminated wood waste, or paper waste from a
100-year flood, or (iii) reduce the temporary water
storage capacity of the 100-year floodplain, unless
measures are undertaken to provide alternative storage
capacity, such as by providing lagoons, holding tanks,
or drainage around structures at the facility.
(F) The site or facility must not be located in any
area where it may pose a threat of harm or destruction
to the features for which:
(i) an irreplaceable historic or
archaeological site has been listed under the
National Historic Preservation Act (16 U.S.C. 470
et seq.) or the Illinois Historic Preservation
Act;
(ii) a natural landmark has been designated by
the National Park Service or the Illinois State
Historic Preservation Office; or
(iii) a natural area has been designated as a
Dedicated Illinois Nature Preserve under the
Illinois Natural Areas Preservation Act.
(G) The site or facility must not be located in an
area where it may jeopardize the continued existence of
any designated endangered species, result in the
destruction or adverse modification of the critical
habitat for such species, or cause or contribute to the
taking of any endangered or threatened species of

plant, fish, or wildlife listed under the Endangered
Species Act (16 U.S.C. 1531 et seq.) or the Illinois
Endangered Species Protection Act; and
(20) the portion of a site or facility that is located
entirely within a home rule unit having a population of no
less than 120,000 and no more than 135,000, according to
the 2000 federal census, and that meets all of the
following requirements:
(i) the portion of the site or facility is used
exclusively to perform testing of a thermochemical
conversion technology using only woody biomass,
collected as landscape waste within the boundaries
of the home rule unit, as the hydrocarbon feedstock
for the production of synthetic gas in accordance
with Section 39.9 of this Act;
(ii) the portion of the site or facility is in
compliance with all applicable zoning
requirements; and
(iii) a complete application for a
demonstration permit at the portion of the site or
facility has been submitted to the Agency in
accordance with Section 39.9 of this Act within one
year after July 27, 2010 (the effective date of
Public Act 96-1314); and this amendatory Act of the
96th General Assembly
(21) (19) the portion of a site or facility used to

perform limited testing of a gasification conversion
technology in accordance with Section 39.8 of this Act and
for which a complete permit application has been submitted
to the Agency prior to one year from April 9, 2010 (the
effective date of Public Act 96-887) this amendatory Act of
the 96th General Assembly.
(b) A new pollution control facility is:
(1) a pollution control facility initially permitted
for development or construction after July 1, 1981; or
(2) the area of expansion beyond the boundary of a
currently permitted pollution control facility; or
(3) a permitted pollution control facility requesting
approval to store, dispose of, transfer or incinerate, for
the first time, any special or hazardous waste.
(Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08;
95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff.
8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; 96-887,
eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. 7-16-10;
96-1314, eff. 7-27-10; revised 9-2-10.)
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management Fund",
to be constituted from the fees collected by the State pursuant
to this Section and from repayments of loans made from the Fund

for solid waste projects. Moneys received by the Department of
Commerce and Economic Opportunity in repayment of loans made
pursuant to the Illinois Solid Waste Management Act shall be
deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency to
dispose of solid waste if the sanitary landfill is located off
the site where such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site
is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection.
(1) If more than 150,000 cubic yards of non-hazardous
solid waste is permanently disposed of at a site in a
calendar year, the owner or operator shall either pay a fee
of 95 cents per cubic yard or, alternatively, the owner or
operator may weigh the quantity of the solid waste
permanently disposed of with a device for which
certification has been obtained under the Weights and
Measures Act and pay a fee of $2.00 per ton of solid waste
permanently disposed of. In no case shall the fee collected
or paid by the owner or operator under this paragraph

exceed $1.55 per cubic yard or $3.27 per ton.
(2) If more than 100,000 cubic yards but not more than
150,000 cubic yards of non-hazardous waste is permanently
disposed of at a site in a calendar year, the owner or
operator shall pay a fee of $52,630.
(3) If more than 50,000 cubic yards but not more than
100,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $23,790.
(4) If more than 10,000 cubic yards but not more than
50,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $7,260.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay a
fee of $1050.
(c) (Blank).)
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
(1) necessary records identifying the quantities of
solid waste received or disposed;
(2) the form and submission of reports to accompany the
payment of fees to the Agency;
(3) the time and manner of payment of fees to the

Agency, which payments shall not be more often than
quarterly; and
(4) procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Economic Opportunity for the
purposes set forth in this Section and in the Illinois Solid
Waste Management Act, including for the costs of fee collection
and administration.
(f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act.
(g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys transferred
under this subsection (g) shall be used only for the purposes
set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating and enforcement activities pursuant
to Section 4(r) at nonhazardous solid waste disposal sites.
(i) The Agency is authorized to support the operations of

an industrial materials exchange service, and to conduct
household waste collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge with
regard to the permanent disposal of solid waste. All fees,
taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including
long-term monitoring and maintenance of landfills, planning,
implementation, inspection, enforcement and other activities
consistent with the Solid Waste Management Act and the Local
Solid Waste Disposal Act, or for any other environment-related
purpose, including but not limited to an environment-related
public works project, but not for the construction of a new
pollution control facility other than a household hazardous
waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection
(j) upon the solid waste disposal facility shall not exceed:
(1) 60� per cubic yard if more than 150,000 cubic yards
of non-hazardous solid waste is permanently disposed of at
the site in a calendar year, unless the owner or operator
weighs the quantity of the solid waste received with a
device for which certification has been obtained under the
Weights and Measures Act, in which case the fee shall not
exceed $1.27 per ton of solid waste permanently disposed
of.

(2) $33,350 if more than 100,000 cubic yards, but not
more than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at the site in a calendar year.
(3) $15,500 if more than 50,000 cubic yards, but not
more than 100,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(4) $4,650 if more than 10,000 cubic yards, but not
more than 50,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(5) $$650 if not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at the
site in a calendar year.
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local ordinance.
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in the
removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local
ordinance.

If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a written
delegation agreement within 60 days after the establishment of
such fees. At least annually, the Agency shall conduct an audit
of the expenditures made by units of local government from the
funds granted by the Agency to the units of local government
for purposes of local sanitary landfill inspection and
enforcement programs, to ensure that the funds have been
expended for the prescribed purposes under the grant.
The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the Agency,
in April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The report
will at a minimum include the following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected

pursuant to this subsection.
(3) An itemized accounting of all monies expended for
the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a, and
under subsection subsections (c) and (k) of this Section, shall
be applicable to any fee, tax or surcharge imposed under this
subsection (j); except that the fee, tax or surcharge
authorized to be imposed under this subsection (j) may be made
applicable by a unit of local government to the permanent
disposal of solid waste after December 31, 1986, under any
contract lawfully executed before June 1, 1986 under which more
than 150,000 cubic yards (or 50,000 tons) of solid waste is to
be permanently disposed of, even though the waste is exempt
from the fee imposed by the State under subsection (b) of this
Section pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
(1) Waste which is hazardous waste; or
(2) Waste which is pollution control waste; or
(3) Waste from recycling, reclamation or reuse

processes which have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render such wastes reusable, provided that the process
renders at least 50% of the waste reusable; or
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency; or
(5) Any landfill which is permitted by the Agency to
receive only demolition or construction debris or
landscape waste.
(Source: P.A. 93-32, eff. 7-1-03; 94-91, eff. 7-1-05; revised
9-16-10.)
(415 ILCS 5/58.15)
Sec. 58.15. Brownfields Programs.
(A) Brownfields Redevelopment Loan Program.
(a) The Agency shall establish and administer a revolving
loan program to be known as the "Brownfields Redevelopment Loan
Program" for the purpose of providing loans to be used for site
investigation, site remediation, or both, at brownfields
sites. All principal, interest, and penalty payments from loans
made under this subsection (A) shall be deposited into the
Brownfields Redevelopment Fund and reused in accordance with
this Section.
(b) General requirements for loans:
(1) Loans shall be at or below market interest rates in

accordance with a formula set forth in regulations
promulgated under subdivision (A)(c) of this subsection
(A).
(2) Loans shall be awarded subject to availability of
funding based on the order of receipt of applications
satisfying all requirements as set forth in the regulations
promulgated under subdivision (A)(c) of this subsection
(A).
(3) The maximum loan amount under this subsection (A)
for any one project is $1,000,000.
(4) In addition to any requirements or conditions
placed on loans by regulation, loan agreements under the
Brownfields Redevelopment Loan Program shall include the
following requirements:
(A) the loan recipient shall secure the loan
repayment obligation;
(B) completion of the loan repayment shall not
exceed 15 years or as otherwise prescribed by Agency
rule; and
(C) loan agreements shall provide for a confession
of judgment by the loan recipient upon default.
(5) Loans shall not be used to cover expenses incurred
prior to the approval of the loan application.
(6) If the loan recipient fails to make timely payments
or otherwise fails to meet its obligations as provided in
this subsection (A) or implementing regulations, the

Agency is authorized to pursue the collection of the
amounts past due, the outstanding loan balance, and the
costs thereby incurred, either pursuant to the Illinois
State Collection Act of 1986 or by any other means provided
by law, including the taking of title, by foreclosure or
otherwise, to any project or other property pledged,
mortgaged, encumbered, or otherwise available as security
or collateral.
(c) The Agency shall have the authority to enter into any
contracts or agreements that may be necessary to carry out its
duties or responsibilities under this subsection (A). The
Agency shall have the authority to promulgate regulations
setting forth procedures and criteria for administering the
Brownfields Redevelopment Loan Program. The regulations
promulgated by the Agency for loans under this subsection (A)
shall include, but need not be limited to, the following
elements:
(1) loan application requirements;
(2) determination of credit worthiness of the loan
applicant;
(3) types of security required for the loan;
(4) types of collateral, as necessary, that can be
pledged for the loan;
(5) special loan terms, as necessary, for securing the
repayment of the loan;
(6) maximum loan amounts;

(7) purposes for which loans are available;
(8) application periods and content of applications;
(9) procedures for Agency review of loan applications,
loan approvals or denials, and loan acceptance by the loan
recipient;
(10) procedures for establishing interest rates;
(11) requirements applicable to disbursement of loans
to loan recipients;
(12) requirements for securing loan repayment
obligations;
(13) conditions or circumstances constituting default;
(14) procedures for repayment of loans and delinquent
loans including, but not limited to, the initiation of
principal and interest payments following loan acceptance;
(15) loan recipient responsibilities for work
schedules, work plans, reports, and record keeping;
(16) evaluation of loan recipient performance,
including auditing and access to sites and records;
(17) requirements applicable to contracting and
subcontracting by the loan recipient, including
procurement requirements;
(18) penalties for noncompliance with loan
requirements and conditions, including stop-work orders,
termination, and recovery of loan funds; and
(19) indemnification of the State of Illinois and the
Agency by the loan recipient.

(d) Moneys in the Brownfields Redevelopment Fund may be
used as a source of revenue or security for the principal and
interest on revenue or general obligation bonds issued by the
State or any political subdivision or instrumentality thereof,
if the proceeds of those bonds will be deposited into the Fund.
(B) Brownfields Site Restoration Program.
(a) (1) The Agency, with the assistance of the Department
of Commerce and Economic Opportunity, must establish and
administer a program for the payment of remediation costs
to be known as the Brownfields Site Restoration Program.
The Agency, through the Program, shall provide Remediation
Applicants with financial assistance for the investigation
and remediation of abandoned or underutilized properties.
The investigation and remediation shall be performed in
accordance with this Title XVII of this Act.
(2) For each State fiscal year in which funds are made
available to the Agency for payment under this subsection
(B), the Agency must, subject to the availability of funds,
allocate 20% of the funds to be available to Remediation
Applicants within counties with populations over
2,000,000. The remaining funds must be made available to
all other Remediation Applicants in the State.
(3) The Agency must not approve payment in excess of
$750,000 to a Remediation Applicant for remediation costs
incurred at a remediation site. Eligibility must be

determined based on a minimum capital investment in the
redevelopment of the site, and payment amounts must not
exceed the net economic benefit to the State of the
remediation project. In addition to these limitations, the
total payment to be made to an applicant must not exceed an
amount equal to 20% of the capital investment at the site.
(4) Only those remediation projects for which a No
Further Remediation Letter is issued by the Agency after
December 31, 2001 are eligible to participate in the
Brownfields Site Restoration Program. The program does not
apply to any sites that have received a No Further
Remediation Letter prior to December 31, 2001 or for costs
incurred prior to the Department of Commerce and Economic
Opportunity (formerly Department of Commerce and Community
Affairs) approving a site eligible for the Brownfields Site
Restoration Program.
(5) Brownfields Site Restoration Program funds shall
be subject to availability of funding and distributed based
on the order of receipt of applications satisfying all
requirements as set forth in this Section.
(b) Prior to applying to the Agency for payment, a
Remediation Applicant shall first submit to the Agency its
proposed remediation costs. The Agency shall make a
pre-application assessment, which is not to be binding upon the
Department of Commerce and Economic Opportunity or upon future
review of the project, relating only to whether the Agency has

adequate funding to reimburse the applicant for the remediation
costs if the applicant is found to be eligible for
reimbursement of remediation costs. If the Agency determines
that it is likely to have adequate funding to reimburse the
applicant for remediation costs, the Remediation Applicant may
then submit to the Department of Commerce and Economic
Opportunity an application for review of eligibility. The
Department must review the eligibility application to
determine whether the Remediation Applicant is eligible for the
payment. The application must be on forms prescribed and
provided by the Department of Commerce and Economic
Opportunity. At a minimum, the application must include the
following:
(1) Information identifying the Remediation Applicant
and the site for which the payment is being sought and the
date of acceptance into the Site Remediation Program.
(2) Information demonstrating that the site for which
the payment is being sought is abandoned or underutilized
property. "Abandoned property" means real property
previously used for, or that has the potential to be used
for, commercial or industrial purposes that reverted to the
ownership of the State, a county or municipal government,
or an agency thereof, through donation, purchase, tax
delinquency, foreclosure, default, or settlement,
including conveyance by deed in lieu of foreclosure; or
privately owned property that has been vacant for a period

of not less than 3 years from the time an application is
made to the Department of Commerce and Economic
Opportunity. "Underutilized property" means real property
of which less than 35% of the commercially usable space of
the property and improvements thereon are used for their
most commercially profitable and economically productive
uses.
(3) Information demonstrating that remediation of the
site for which the payment is being sought will result in a
net economic benefit to the State of Illinois. The "net
economic benefit" must be determined based on factors
including, but not limited to, the capital investment, the
number of jobs created, the number of jobs retained if it
is demonstrated the jobs would otherwise be lost, capital
improvements, the number of construction-related jobs,
increased sales, material purchases, other increases in
service and operational expenditures, and other factors
established by the Department of Commerce and Economic
Opportunity. Priority must be given to sites located in
areas with high levels of poverty, where the unemployment
rate exceeds the State average, where an enterprise zone
exists, or where the area is otherwise economically
depressed as determined by the Department of Commerce and
Economic Opportunity.
(4) An application fee in the amount set forth in
subdivision (B)(c) for each site for which review of an

application is being sought.
(c) The fee for eligibility reviews conducted by the
Department of Commerce and Economic Opportunity under this
subsection (B) is $1,000 for each site reviewed. The
application fee must be made payable to the Department of
Commerce and Economic Opportunity for deposit into the
Workforce, Technology, and Economic Development Fund. These
application fees shall be used by the Department for
administrative expenses incurred under this subsection (B).
(d) Within 60 days after receipt by the Department of
Commerce and Economic Opportunity of an application meeting the
requirements of subdivision (B)(b), the Department of Commerce
and Economic Opportunity must issue a letter to the applicant
approving the application, approving the application with
modifications, or disapproving the application. If the
application is approved or approved with modifications, the
Department of Commerce and Economic Opportunity's letter must
also include its determination of the "net economic benefit" of
the remediation project and the maximum amount of the payment
to be made available to the applicant for remediation costs.
The payment by the Agency under this subsection (B) must not
exceed the "net economic benefit" of the remediation project,
as determined by the Department of Commerce and Economic
Opportunity.
(e) An application for a review of remediation costs must
not be submitted to the Agency unless the Department of

Commerce and Economic Opportunity has determined the
Remediation Applicant is eligible under subdivision (B)(d). If
the Department of Commerce and Economic Opportunity has
determined that a Remediation Applicant is eligible under
subdivision (B)(d), the Remediation Applicant may submit an
application for payment to the Agency under this subsection
(B). Except as provided in subdivision (B)(f), an application
for review of remediation costs must not be submitted until a
No Further Remediation Letter has been issued by the Agency and
recorded in the chain of title for the site in accordance with
Section 58.10. The Agency must review the application to
determine whether the costs submitted are remediation costs and
whether the costs incurred are reasonable. The application must
be on forms prescribed and provided by the Agency. At a
minimum, the application must include the following:
(1) Information identifying the Remediation Applicant
and the site for which the payment is being sought and the
date of acceptance of the site into the Site Remediation
Program.
(2) A copy of the No Further Remediation Letter with
official verification that the letter has been recorded in
the chain of title for the site and a demonstration that
the site for which the application is submitted is the same
site as the one for which the No Further Remediation Letter
is issued.
(3) A demonstration that the release of the regulated

substances of concern for which the No Further Remediation
Letter was issued was not caused or contributed to in any
material respect by the Remediation Applicant. The Agency
must make determinations as to reimbursement availability
consistent with rules adopted by the Pollution Control
Board for the administration and enforcement of Section
58.9 of this Act.
(4) A copy of the Department of Commerce and Economic
Opportunity's letter approving eligibility, including the
net economic benefit of the remediation project.
(5) An itemization and documentation, including
receipts, of the remediation costs incurred.
(6) A demonstration that the costs incurred are
remediation costs as defined in this Act and rules adopted
under this Act.
(7) A demonstration that the costs submitted for review
were incurred by the Remediation Applicant who received the
No Further Remediation Letter.
(8) An application fee in the amount set forth in
subdivision (B)(j) for each site for which review of
remediation costs is requested.
(9) Any other information deemed appropriate by the
Agency.
(f) An application for review of remediation costs may be
submitted to the Agency prior to the issuance of a No Further
Remediation Letter if the Remediation Applicant has a Remedial

Action Plan approved by the Agency under the terms of which the
Remediation Applicant will remediate groundwater for more than
one year. The Agency must review the application to determine
whether the costs submitted are remediation costs and whether
the costs incurred are reasonable. The application must be on
forms prescribed and provided by the Agency. At a minimum, the
application must include the following:
(1) Information identifying the Remediation Applicant
and the site for which the payment is being sought and the
date of acceptance of the site into the Site Remediation
Program.
(2) A copy of the Agency letter approving the Remedial
Action Plan.
(3) A demonstration that the release of the regulated
substances of concern for which the Remedial Action Plan
was approved was not caused or contributed to in any
material respect by the Remediation Applicant. The Agency
must make determinations as to reimbursement availability
consistent with rules adopted by the Pollution Control
Board for the administration and enforcement of Section
58.9 of this Act.
(4) A copy of the Department of Commerce and Economic
Opportunity's letter approving eligibility, including the
net economic benefit of the remediation project.
(5) An itemization and documentation, including
receipts, of the remediation costs incurred.

(6) A demonstration that the costs incurred are
remediation costs as defined in this Act and rules adopted
under this Act.
(7) A demonstration that the costs submitted for review
were incurred by the Remediation Applicant who received
approval of the Remediation Action Plan.
(8) An application fee in the amount set forth in
subdivision (B)(j) for each site for which review of
remediation costs is requested.
(9) Any other information deemed appropriate by the
Agency.
(g) For a Remediation Applicant seeking a payment under
subdivision (B)(f), until the Agency issues a No Further
Remediation Letter for the site, no more than 75% of the
allowed payment may be claimed by the Remediation Applicant.
The remaining 25% may be claimed following the issuance by the
Agency of a No Further Remediation Letter for the site. For a
Remediation Applicant seeking a payment under subdivision
(B)(e), until the Agency issues a No Further Remediation Letter
for the site, no payment may be claimed by the Remediation
Applicant.
(h) (1) Within 60 days after receipt by the Agency of an
application meeting the requirements of subdivision (B)(e)
or (B)(f), the Agency must issue a letter to the applicant
approving, disapproving, or modifying the remediation
costs submitted in the application. If an application is

disapproved or approved with modification of remediation
costs, then the Agency's letter must set forth the reasons
for the disapproval or modification.
(2) If a preliminary review of a budget plan has been
obtained under subdivision (B)(i), the Remediation
Applicant may submit, with the application and supporting
documentation under subdivision (B)(e) or (B)(f), a copy of
the Agency's final determination accompanied by a
certification that the actual remediation costs incurred
for the development and implementation of the Remedial
Action Plan are equal to or less than the costs approved in
the Agency's final determination on the budget plan. The
certification must be signed by the Remediation Applicant
and notarized. Based on that submission, the Agency is not
required to conduct further review of the costs incurred
for development and implementation of the Remedial Action
Plan and may approve costs as submitted.
(3) Within 35 days after receipt of an Agency letter
disapproving or modifying an application for approval of
remediation costs, the Remediation Applicant may appeal
the Agency's decision to the Board in the manner provided
for the review of permits in Section 40 of this Act.
(i) (1) A Remediation Applicant may obtain a preliminary
review of estimated remediation costs for the development
and implementation of the Remedial Action Plan by
submitting a budget plan along with the Remedial Action

Plan. The budget plan must be set forth on forms prescribed
and provided by the Agency and must include, but is not
limited to, line item estimates of the costs associated
with each line item (such as personnel, equipment, and
materials) that the Remediation Applicant anticipates will
be incurred for the development and implementation of the
Remedial Action Plan. The Agency must review the budget
plan along with the Remedial Action Plan to determine
whether the estimated costs submitted are remediation
costs and whether the costs estimated for the activities
are reasonable.
(2) If the Remedial Action Plan is amended by the
Remediation Applicant or as a result of Agency action, the
corresponding budget plan must be revised accordingly and
resubmitted for Agency review.
(3) The budget plan must be accompanied by the
applicable fee as set forth in subdivision (B)(j).
(4) Submittal of a budget plan must be deemed an
automatic 60-day waiver of the Remedial Action Plan review
deadlines set forth in this subsection (B) and rules
adopted under this subsection (B).
(5) Within the applicable period of review, the Agency
must issue a letter to the Remediation Applicant approving,
disapproving, or modifying the estimated remediation costs
submitted in the budget plan. If a budget plan is
disapproved or approved with modification of estimated

remediation costs, the Agency's letter must set forth the
reasons for the disapproval or modification.
(6) Within 35 days after receipt of an Agency letter
disapproving or modifying a budget plan, the Remediation
Applicant may appeal the Agency's decision to the Board in
the manner provided for the review of permits in Section 40
of this Act.
(j) The fees for reviews conducted by the Agency under this
subsection (B) are in addition to any other fees or payments
for Agency services rendered pursuant to the Site Remediation
Program and are as follows:
(1) The fee for an application for review of
remediation costs is $1,000 for each site reviewed.
(2) The fee for the review of the budget plan submitted
under subdivision (B)(i) is $500 for each site reviewed.
The application fee and the fee for the review of the
budget plan must be made payable to the State of Illinois, for
deposit into the Brownfields Redevelopment Fund.
(k) Moneys in the Brownfields Redevelopment Fund may be
used for the purposes of this Section, including payment for
the costs of administering this subsection (B). Any moneys
remaining in the Brownfields Site Restoration Program Fund on
the effective date of this amendatory Act of the 92nd General
Assembly shall be transferred to the Brownfields Redevelopment
Fund. Total payments made to all Remediation Applicants by the
Agency for purposes of this subsection (B) must not exceed

$1,000,000 in State fiscal year 2002.
(l) The Department and the Agency are authorized to enter
into any contracts or agreements that may be necessary to carry
out their duties and responsibilities under this subsection
(B).
(m) Within 6 months after the effective date of this
amendatory Act of 2002, the Department of Commerce and
Community Affairs (now Department of Commerce and Economic
Opportunity) and the Agency must propose rules prescribing
procedures and standards for the administration of this
subsection (B). Within 9 months after receipt of the proposed
rules, the Board shall adopt on second notice, pursuant to
Sections 27 and 28 of this Act and the Illinois Administrative
Procedure Procedures Act, rules that are consistent with this
subsection (B). Prior to the effective date of rules adopted
under this subsection (B), the Department of Commerce and
Community Affairs (now Department of Commerce and Economic
Opportunity) and the Agency may conduct reviews of applications
under this subsection (B) and the Agency is further authorized
to distribute guidance documents on costs that are eligible or
ineligible as remediation costs.
(Source: P.A. 94-793, eff. 5-19-06; revised 9-16-10.)
Section 490. The Solid Waste Planning and Recycling Act is
amended by changing Section 7 as follows:

(415 ILCS 15/7) (from Ch. 85, par. 5957)
Sec. 7. (a) Each county shall begin implementation of its
waste management plan, including the recycling program, within
one year of adoption of the plan. The county may enter into
written agreements with other persons, including a
municipality or persons transporting municipal waste on the
effective date of this Act, pursuant to which the persons
undertake to fulfill some or all of the county's
responsibilities under this Act. A person who enters into an
agreement shall be responsible with the county for the
implementation of such programs.
(b) In implementing the recycling program, consideration
for the collection, marketing and disposition of recyclable
materials shall be given to persons engaged in the business of
recycling within the county on the effective date of this Act,
whether or not the persons were operating for profit.
If a township within the county is operating a recycling
program on the effective date of the plan which substantially
conforms with or exceeds the requirements of the recycling
program included in the plan, the township may continue to
operate its recycling program, and such operation shall
constitute, within the township, implementation of the
recycling program included in the plan. A township may at any
time adopt and implement a recycling program that is more
stringent than that required by the county waste management
plan.

(c) The Department shall assist counties in implementing
recycling programs under this Act, and may, pursuant to
appropriation, make grants and loans from the Solid Waste
Management Fund to counties or other units of local government
governments for that purpose, to be used for capital assistance
or for the payment of recycling diversion credits or for other
recycling program purposes, in accordance with such guidelines
as may be adopted by the Department.
(Source: P.A. 89-443, eff. 7-1-96; revised 9-16-10.)
Section 495. The Public Water Supply Operations Act is
amended by changing Section 3 as follows:
(415 ILCS 45/3) (from Ch. 111 1/2, par. 503)
Sec. 3. As used in this Act, unless the context requires
otherwise, the terms defined in the Sections following this
Section and preceding Section 10 Sections 4 through 9,
inclusive, have the meanings ascribed therein.
(Source: P.A. 78-810; revised 9-16-10.)
Section 500. The Mercury Thermostat Collection Act is
amended by changing Section 25 as follows:
(415 ILCS 98/25)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25. Collection goals. The collection programs

established by thermostat manufacturers under this Act shall be
designed to collectively achieve the following statewide
goals:
(a) For calendar year 2011, the collection of least 5,000
mercury thermostats taken out of service in the State during
the calendar year.
(b) For calendar years 2012, 2013, and 2014, the collection
of at least 15,000 mercury thermostats taken out of service in
the State during each calendar year.
(c) For calendar years 2015 through 2020, the collection
goals shall be established by the Agency. The Agency shall
establish collection goals no later than November 1, 2014. The
collection goals established by the Agency shall maximize the
annual collection of out-of-service mercury thermostats in the
State. In developing the collection goals, the Agency shall
take into account, at a minimum, (i) the effectiveness of
collection programs for out-of-service mercury thermostats in
the State and other states, including education and outreach
efforts, (ii) collection requirements in other states, (iii)
any reports or studies on the number of out-of-service mercury
thermostats that are available for collection in this State,
other states, and nationally, and (iv) other factors. Prior to
establishing the collection goals, the Agency shall consult
with stakeholder groups that include, at a minimum,
representatives of thermostat manufacturers, environmental
groups, thermostat wholesalers, contractors, and thermostat

retailers.
(d) The collection goals established by the Agency under
subsection (c) of this Section are statements of general
applicability under Section 1-70 of the Illinois
Administrative Procedure Procedures Act and shall be adopted in
accordance with the procedures of that Act. Any person
adversely affected by a goal established by the Agency under
subsection (c) of this Section may obtain a determination of
the validity or application of the goal by filing a petition
for review within 35 days after the date the adopted goal is
published in the Illinois Register pursuant to subsection (d)
of Section 40 of the Illinois Administrative Procedure
Procedures Act. Review shall be afforded directly in the
Appellate Court for the District in which the cause of action
arose and not the Circuit Court. During the pendency of the
review, the goal under review shall remain in effect.
(Source: P.A. 96-1295, eff. 7-26-10; revised 9-16-10.)
Section 505. The Illinois Chemical Safety Act is amended by
changing Section 3 as follows:
(430 ILCS 45/3) (from Ch. 111 1/2, par. 953)
Sec. 3. Definitions. For the purposes of this Act:
"Agency" means the Illinois Environmental Protection
Agency.
"Business" means any individual, partnership, corporation,

or association in the State engaged in a business operation
that has 5 or more full-time employees, or 20 or more part-time
employees, and that is properly assigned or included within one
of the following Standard Industrial Classifications (SIC), as
designated in the Standard Industrial Classification Manual
prepared by the Federal Office of Management and Budget:
2295 Coated fabrics, not rubberized;
2491 Wood preserving;
2671. Packaging paper and plastics film, coated and
laminated;
2672 Coated and laminated paper, not elsewhere classified;
2812 Alkalies and chlorine;
2813 Industrial gases;
2819 Industrial inorganic chemicals, not elsewhere
classified;
2821 Plastic materials, synthetic resins, and
non-vulcanizable elastomers;
2834 Pharmaceutical preparations;
2842 Specialty cleaning, polishing and sanitation
preparations;
2851 Paints, varnishes, lacquers, enamels, and allied
products;
2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
dyes and organic pigments (lakes and toners);
2869 Industrial organic chemicals, not elsewhere
classified;

2873 Nitrogenous fertilizer;
2874 Phosphatic fertilizers;
2879 Pesticides and agricultural chemicals, not elsewhere
classified;
2891 Adhesives and sealants;
2892 Explosives;
2911 Petroleum refining;
2952 Asphalt felts and coatings;
2999 Products of petroleum and coal, not elsewhere
classified;
3081. Unsupported plastics, film and sheet;
3082 Unsupported plastics profile shapes;
3083 Laminated plastics plate, sheet and profile shapes;
3084 Plastic pipe;
3085 Plastic bottles;
3086 Plastic foam products;
3087 Custom compounding of purchased plastic resin;
3088 Plastic plumbing fixtures;
3089 Plastic products, not elsewhere classified;
3111 Leather tanning and finishing;
3339 Primary smelting and refining of nonferrous metals,
except copper and aluminum;
3432 Plumbing fixture fittings and trim;
3471 Electroplating, plating, polishing, anodizing and
coloring;
4953 Refuse systems;

5085 Industrial supplies;
5162 Plastic materials and basic forms and shapes;
5169 Chemicals and allied products, not elsewhere
classified;
5171 Petroleum bulk stations and terminals;
5172 Petroleum and petroleum products, wholesalers, except
bulk stations and terminals.
For the purposes of this Act, the SIC Code that a business
uses for determining its coverage under The Unemployment
Insurance Act shall be the SIC Code for determining the
applicability of this Act. On an annual basis, the Department
of Employment Security shall provide the IEMA with a list of
those regulated facilities covered by the above mentioned SIC
codes.
"Business" also means any facility not covered by the above
SIC codes that is subject to the provisions of Section 302 of
the federal Emergency Planning and Community Right-to-Know Act
of 1986 and that is found by the Agency to use, store, or
manufacture a chemical substance in a quantity that poses a
threat to the environment or public health. Such a
determination shall be based on an on-site inspection conducted
by the Agency and certified to the IEMA. The Agency shall also
conduct inspections at the request of IEMA or upon a written
request setting forth a justification to the IEMA from the
chairman of the local emergency planning committee upon
recommendation of the committee. The IEMA shall transmit a copy

of the request to the Agency. The Agency may, in the event of a
reportable release that occurs at any facility operated or
owned by a business not covered by the above SIC codes, conduct
inspections if the site hazard appears to warrant such action.
The above notwithstanding, any farm operation shall not be
considered as a facility subject to this definition.
Notwithstanding the above, for purposes of this Act,
"business" does not mean any facility for which the
requirements promulgated at Part 1910.119 of Title 29 of the
Code of Federal Regulations are applicable or which has
completed and submitted the plan required by Part 68 of Title
40 of the Code of Federal Regulations, provided that such
business conducts and documents in writing an assessment for
any instance where the Agency provides notice that a
significant release of a chemical substance has occurred at a
facility. Such assessment shall explain the nature, cause and
known effects of the release, any mitigating actions taken, and
preventive measures that can be employed to avoid a future
release. Such assessment shall be available at the facility for
review within 30 days after the Agency notifies the facility
that a significant release has occurred. The Agency may provide
written comments to the business following an on-site review of
an assessment.
"Chemical name" means the scientific designation of a
chemical in accordance with the nomenclature system developed
by the International Union of Pure and Applied Chemistry

(IUPAC) or the American Chemical Society's Chemical Abstracts
Service (CAS) rules of nomenclature, or a name that will
clearly identify the chemical for hazard evaluation purposes.
"Chemical substance" means any "extremely hazardous
substance" listed in Appendix A of 40 C.F.R. Part 355 that is
present at a facility in an amount in excess of its threshold
planning quantity, any "hazardous substance" listed in 40
C.F.R. Section 302.4 that is present at a facility in an amount
in excess of its reportable quantity or in excess of its
threshold planning quantity if it is also an "extremely
hazardous substance", and any petroleum including crude oil or
any fraction thereof that is present at a facility in an amount
exceeding 100 pounds unless it is specifically listed as a
"hazardous substance" or an "extremely hazardous substance".
"Chemical substance" does not mean any substance to the extent
it is used for personal, family, or household purposes or to
the extent it is present in the same form and concentration as
a product packaged for distribution to and use by the general
public.
"IEMA" means the Illinois Emergency Management Agency.
"Facility" means the buildings and all real property
contiguous thereto, and the equipment at a single location used
for the conduct of business.
"Local emergency planning committee" means the committee
that is appointed for an emergency planning district under the
provisions of Section 301 of the federal Emergency Planning and

Community Right-to-Know Act of 1986.
"Release" means any sudden spilling, leaking, pumping,
pouring, emitting, escaping, emptying, discharging, injecting,
leaching, dumping, or disposing into the environment beyond the
boundaries of a facility, but excludes the following:
(a) Any release that results in exposure to persons
solely within a workplace, with respect to a claim that
such persons may assert against their employer.
(b) Emissions from the engine exhaust of a motor
vehicle, rolling stock, aircraft, vessel, or pipeline
pumping station engine.
(c) Release of source, byproduct, or special nuclear
material from a nuclear incident, as those terms are
defined in the Atomic Energy Act of 1954, if the release is
subject to requirements with respect to financial
protection established by the Nuclear Regulatory
Commission under Section 170 of the Atomic Energy Act of
1954.
(d) The normal application of fertilizer.
"Significant release" means any release which is so
designated in writing by the Agency or the IEMA based upon an
inspection at the site of an emergency incident, or any release
which results in any evacuation, hospitalization, or
fatalities of the public.
(Source: P.A. 90-442, eff. 8-16-97; 90-773, eff. 8-14-98;
revised 9-16-10.)

Section 510. The Illinois Premise Alert Program (PAP) Act
is amended by changing Section 15 as follows:
(430 ILCS 132/15)
Sec. 15. Reporting of Special Needs Individuals.
(a) Public safety agencies shall make reasonable efforts to
publicize the Premise Alert Program (PAP) database. Means of
publicizing the database include, but are not limited to,
pamphlets and websites.
(b) Families, caregivers, or the individuals with
disabilities or special needs may contact their local law
enforcement agency or fire department or fire protection
district.
(c) Public safety workers are to be cognizant cognitive of
special needs individuals they may come across when they
respond to calls. If workers are able to identify individuals
who have special needs, they shall try to ascertain as
specifically as possible what that special need might be. The
public safety worker should attempt to verify the special need
as provided in item (2) of subsection (d).
(d) The disabled individual's name, date of birth, phone
number, and residential address or place of employment should
also be obtained for possible entry into the PAP database.
(1) Whenever possible, it is preferable that written
permission is obtained from a parent, guardian, family

member, or caregiver of the individual themselves prior to
being entered into the PAP database.
(2) No individual may be entered into a PAP database
unless the special need has been verified. Acceptable means
of verifying a special need for purposes of this program
shall include statements by:
(A) the individual,
(B) family members,
(C) friends,
(D) caregivers, or
(E) medical personnel familiar with the
individual.
(e) For public safety agencies that share the same CAD
database, information collected by one agency serviced by the
CAD database is to be disseminated to all agencies utilizing
that database.
(f) Information received at an incorrect public safety
agency shall be accepted and forwarded to the correct agency as
soon as possible.
(g) All information entered into the PAP database must be
updated every 2 years or when such information changes.
(Source: P.A. 96-788, eff. 8-28-09; revised 9-16-10.)
Section 515. The Soil Conservation Domestic Allotment Act
is amended by changing Section 7 as follows:

(505 ILCS 125/7) (from Ch. 5, par. 138g)
Sec. 7. The Department shall have no authority to incur any
obligation or liability against the State of Illinois under
this Act for the expenditure of funds other than the
expenditure of funds payable from the Soil Conservation Fund,
pursuant to appropriations made therefor therefore.
(Source: P.A. 96-1333, eff. 7-27-10; revised 9-27-10.)
Section 520. The Open Space Lands Acquisition and
Development Act is amended by changing Section 2 as follows:
(525 ILCS 35/2) (from Ch. 85, par. 2102)
Sec. 2. As used in this Act, unless the context otherwise
requires, the terms defined in the Sections following this
Section and preceding Section 3 Sections 2.01 through 2.06 have
the meanings ascribed to them in those Sections.
(Source: P.A. 78-938; revised 9-16-10.)
Section 525. The Illinois Vehicle Code is amended by
changing Sections 1-105, 3-110, 6-106.1, 6-109, 6-118, 6-205,
6-206, 6-306.5, 6-402, 6-514, 11-208.3, 11-501.1, 11-501.8,
11-1301.8, and 12-603.1 and by setting forth and renumbering
multiple versions of Sections 3-689 and 3-690 as follows:
(625 ILCS 5/1-105) (from Ch. 95 1/2, par. 1-105)
Sec. 1-105. Authorized emergency vehicle. Emergency

vehicles of municipal departments or public service
corporations as are designated or authorized by proper local
authorities; police vehicles; vehicles of the fire department;
vehicles of a HazMat or technical rescue team authorized by a
county board under Section 5-1127 of the Counties Code;
ambulances; vehicles of the Illinois Emergency Management
Agency; mine rescue and explosives emergency response vehicles
of the Department of Natural Resources; vehicles of the
Illinois Department of Public Health; and vehicles of a
municipal or county emergency services and disaster agency, as
defined by the Illinois Emergency Management Agency Act.
(Source: P.A. 96-214, eff. 8-10-09; 96-986, eff. 1-1-11;
96-1190, eff. 7-22-10; revised 9-2-10.)
(625 ILCS 5/3-110) (from Ch. 95 1/2, par. 3-110)
Sec. 3-110. Refusing certificate of title.
The Secretary of State shall refuse issuance of a
certificate of title if any required fee is not paid or if he
has reasonable grounds to believe that:
(a) the applicant is not the owner of the vehicle;
(b) the application contains a false or fraudulent
statement; or
(c) the applicant fails to furnish required information or
documents or any additional information the Secretary of State
reasonably requires; or
(d) the applicant has not paid to the Secretary of State

any fees or taxes due under this Act and have not been paid
upon reasonable notice and demand.
(Source: P.A. 77-641; revised 9-16-10.)
(625 ILCS 5/3-689)
Sec. 3-689. Share the Road license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary of State, may
issue Share the Road license plates. The special Share the Road
plate issued under this Section shall be affixed only to
passenger vehicles of the first division and motor vehicles of
the second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the
staggered multi-year procedure established by Section 3-414.1
of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State.
Appropriate documentation, as determined by the Secretary,
must accompany each application. The Secretary, in his or her
discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
(c) An applicant for the special plate shall be charged a
$22 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $17 shall be deposited into the
Share the Road Fund and $5 shall be deposited into the

Secretary of State Special License Plate Fund, to be used by
the Secretary to help defray the administrative processing
costs. For each registration renewal period, a $22 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $20 shall be deposited into the Share the Road
Fund and $2 shall be deposited into the Secretary of State
Special License Plate Fund.
(d) The Share the Road Fund is created as a special fund in
the State treasury. All money in the Share the Road Fund shall
be paid, subject to appropriation by the General Assembly and
approval by the Secretary, as grants to the League of Illinois
Bicyclists, a not for profit corporation, for educational
programs instructing bicyclists and motorists how to legally
and more safely share the roadways.
(Source: P.A. 96-1006, eff. 1-1-11.)
(625 ILCS 5/3-690)
Sec. 3-690. St. Jude Children's Research Hospital Plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary of State, may
issue St. Jude Children's Research Hospital license plates. The
special St. Jude Children's Research Hospital plate issued
under this Section shall be affixed only to passenger vehicles
of the first division and motor vehicles of the second division
weighing not more than 8,000 pounds. Plates issued under this

Section shall expire according to the staggered multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State.
Appropriate documentation, as determined by the Secretary,
must accompany each application. The Secretary, in his or her
discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
(c) An applicant for the special plate shall be charged a
$40 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $25 shall be deposited into the
St. Jude Children's Research Fund and $15 shall be deposited
into the Secretary of State Special License Plate Fund, to be
used by the Secretary to help defray the administrative
processing costs. For each registration renewal period, a $27
fee, in addition to the appropriate registration fee, shall be
charged. Of this fee, $25 shall be deposited into the St. Jude
Children's Research Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The St. Jude Children's Research Fund is created as a
special fund in the State treasury. All money in the St. Jude
Children's Research Fund shall be paid, subject to
appropriation by the General Assembly and approval by the
Secretary, as grants to St. Jude Children's Research Hospital
for pediatric treatment and research. All interest earned on
moneys in the Fund shall be deposited into the Fund. The Fund

shall not be subject to administrative charges or chargebacks,
such as but not limited to those authorized under Section 8h of
the State Finance Act.
(Source: P.A. 96-1377, eff. 1-1-11.)
(625 ILCS 5/3-691)
Sec. 3-691 3-689. Illinois Fraternal Order of Police
license plates.
(a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary, may issue special
registration plates designated as Illinois Fraternal Order of
Police license plates to residents of Illinois who are members
in good standing of the Fraternal Order of Police-Illinois
State Lodge and meet other eligibility requirements prescribed
by the Secretary of State. The special plates issued under this
Section shall be affixed only to passenger vehicles of the
first division and motor vehicles of the second division
weighing not more than 8,000 pounds, and recreational vehicles,
as defined by Section 1-169 of this Code. Plates issued under
this Section shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within the
discretion of the Secretary, except that the Illinois Fraternal
Order of Police emblem shall appear on the plates. The
Secretary may allow the plates to be issued as vanity plates or
personalized under Section 3-405.1 of the Code. The Secretary

shall prescribe stickers or decals as provided under Section
3-412 of this Code. The plates are not required to designate
"Land of Lincoln" as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary may, in his or her
discretion, allow the plates to be issued as vanity or
personalized plates in accordance with Section 3-405.1 of this
Code.
(c) An applicant for the special plate shall be charged a
$25 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $10 shall be deposited into the
Fraternal Order of Police Fund and $15 shall be deposited into
the Secretary of State Special License Plate Fund, to be used
by the Secretary to help defray the administrative processing
costs.
For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $23 shall be deposited into the Fraternal Order of
Police Fund and $2 shall be deposited into the Secretary of
State Special License Plate Fund.
(d) The Fraternal Order of Police Fund is created as a
special fund in the State treasury. All money in the Fraternal
Order of Police Fund shall be paid, subject to appropriation,
as grants to the Illinois Fraternal Order of Police to increase
the efficiency and professionalism of law enforcement officers
in Illinois, to educate the public about law enforcement
issues, to more firmly establish the public confidence in law

enforcement, to create partnerships with the public, and to
honor the service of law enforcement officers dedicated to the
protection of life and property.
(Source: P.A. 96-1240, eff. 7-23-10; revised 9-28-10.)
(625 ILCS 5/3-692)
Sec. 3-692 3-689. Soil and Water Conservation District
Plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary of State, may
issue Soil and Water Conservation District license plates. The
special Soil and Water Conservation District plate issued under
this Section shall be affixed only to passenger vehicles of the
first division and motor vehicles of the second division
weighing not more than 8,000 pounds. Plates issued under this
Section shall expire according to the staggered multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State.
Appropriate documentation, as determined by the Secretary,
must accompany each application. The Secretary, in his or her
discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
(c) An applicant for the special plate shall be charged a
$40 fee for original issuance in addition to the appropriate

registration fee. Of this fee, $25 shall be deposited into the
Soil and Water Conservation District Fund and $15 shall be
deposited into the Secretary of State Special License Plate
Fund, to be used by the Secretary to help defray the
administrative processing costs. For each registration renewal
period, a $27 fee, in addition to the appropriate registration
fee, shall be charged. Of this fee, $25 shall be deposited into
the Soil and Water Conservation District Fund and $2 shall be
deposited into the Secretary of State Special License Plate
Fund.
(d) The Soil and Water Conservation District Fund is
created as a special fund in the State treasury. All money in
the Soil and Water Conservation District Fund shall be paid,
subject to appropriation by the General Assembly and approval
by the Secretary, as grants to Illinois soil and water
conservation districts for projects that conserve and restore
soil and water in Illinois. All interest earned on moneys in
the Fund shall be deposited into the Fund. The Fund shall not
be subject to administrative charges or chargebacks, such as
but not limited to those authorized under Section 8h of the
State Finance Act.
(Source: P.A. 96-1377, eff. 1-1-11; revised 9-28-10.)
(625 ILCS 5/3-693)
Sec. 3-693 3-689. Women Veteran license plates.
(a) In addition to any other special license plate, the

Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary of State, may
issue Women Veteran license plates to residents of Illinois who
meet eligibility requirements prescribed by the Secretary of
State. The special Women Veteran plate issued under this
Section shall be affixed only to passenger vehicles of the
first division, motorcycles, and motor vehicles of the second
division weighing not more than 8,000 pounds. Plates issued
under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this
Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity or personalized plates in accordance with
Section 3-405.1 of this Code. The Secretary shall prescribe the
eligibility requirements and, in his or her discretion, shall
approve and prescribe stickers or decals as provided under
Section 3-412.
(c) An applicant shall be charged a $15 fee for original
issuance in addition to the applicable registration fee. This
additional fee shall be deposited into the Secretary of State
Special License Plate Fund.
(Source: P.A. 96-1408, eff. 7-30-10; revised 9-28-10.)
(625 ILCS 5/3-694)

Sec. 3-694 3-689. 4-H license plates.
(a) The Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue special registration plates designated as 4-H license
plates. The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division and
motor vehicles of the second division weighing not more than
8,000 pounds. Plates issued under this Section shall expire
according to the multi-year procedure established by Section
3-414.1 of this Code.
(b) The design and color of the plates is wholly within the
discretion of the Secretary of State. Appropriate
documentation, as determined by the Secretary, shall accompany
the application. The Secretary, in his or her discretion, may
allow the plates to be issued as vanity or personalized plates
under Section 3-405.1 of this Code. The Secretary shall
prescribe stickers or decals as provided under Section 3-412 of
this Code.
(c) An applicant for the special plate shall be charged a
$40 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $25 shall be deposited into the
4-H Fund and $15 shall be deposited into the Secretary of State
Special License Plate Fund, to be used by the Secretary to help
defray the administrative processing costs.
For each registration renewal period, a $12 fee, in
addition to the appropriate registration fee, shall be charged.

Of this fee, $10 shall be deposited into the 4-H Fund and $2
shall be deposited into the Secretary of State Special License
Plate Fund.
(d) The 4-H Fund is created as a special fund in the State
treasury. All money in the 4-H Fund shall be paid, subject to
appropriation by the General Assembly and approval by the
Secretary of State, as grants to the Illinois 4-H Foundation, a
tax exempt entity under Section 501(c)(3) of the Internal
Revenue Code, for the funding of 4-H programs in Illinois.
(Source: P.A. 96-1449, eff. 1-1-11; revised 9-28-10.)
(625 ILCS 5/3-695)
Sec. 3-695 3-690. Ducks Unlimited license plates.
(a) The Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue special registration plates designated as Ducks
Unlimited license plates. The special plates issued under this
Section shall be affixed only to passenger vehicles of the
first division or motor vehicles of the second division
weighing not more than 8,000 pounds. Plates issued under this
Section shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be
wholly within the discretion of the Secretary. Appropriate
documentation, as determined by the Secretary, shall accompany
each application. The Secretary may allow the plates to be

issued as vanity plates or personalized plates under Section
3-405.1 of this Code. The Secretary shall prescribe stickers or
decals as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a
$40 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $25 shall be deposited into the
Ducks Unlimited Fund and $15 shall be deposited into the
Secretary of State Special License Plate Fund, to be used by
the Secretary to help defray the administrative processing
costs.
For each registration renewal period, a $27 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $25 shall be deposited into the Ducks Unlimited
Fund and $2 shall be deposited into the Secretary of State
Special License Plate Fund.
(d) The Ducks Unlimited Fund is created as a special fund
in the State treasury. All moneys in the Ducks Unlimited Fund
shall be paid, subject to appropriation by the General Assembly
and approval by the Secretary, as grants to fund wetland
protection, enhancement, and restoration projects in the State
of Illinois, to fund education and outreach for media,
volunteers, members, and the general public regarding
waterfowl and wetlands conservation in the State of Illinois,
and to cover the reasonable cost for Ducks Unlimited special
plate advertising and administration of the wetland
conservation projects and education program.

(Source: P.A. 96-1449, eff. 1-1-11; revised 9-28-10.)
(625 ILCS 5/6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of
the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Department of State Police to conduct
fingerprint based criminal background checks on current and
future information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on the effective date of this
Act possess a valid school bus driver permit that has been
previously issued by the appropriate Regional School
Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid

and does not lapse. The applicant shall be required to pay all
related application and fingerprinting fees as established by
rule including, but not limited to, the amounts established by
the Department of State Police and the Federal Bureau of
Investigation to process fingerprint based criminal background
investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State
Police Services Fund for the cost incurred in processing the
fingerprint based criminal background investigations. All
other fees paid under this Section shall be deposited into the
Road Fund for the purpose of defraying the costs of the
Secretary of State in administering this Section. All
applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;
3. possess a valid driver's license, which has not been
revoked, suspended, or canceled for 3 years immediately
prior to the date of application, or have not had his or
her commercial motor vehicle driving privileges
disqualified within the 3 years immediately prior to the
date of application;
4. successfully pass a written test, administered by
the Secretary of State, on school bus operation, school bus
safety, and special traffic laws relating to school buses
and submit to a review of the applicant's driving habits by

the Secretary of State at the time the written test is
given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,
including tests for drug use for each applicant not subject
to such testing pursuant to federal law, conducted by a
licensed physician, an advanced practice nurse who has a
written collaborative agreement with a collaborating
physician which authorizes him or her to perform medical
examinations, or a physician assistant who has been
delegated the performance of medical examinations by his or
her supervising physician within 90 days of the date of
application according to standards promulgated by the
Secretary of State;
7. affirm under penalties of perjury that he or she has
not made a false statement or knowingly concealed a
material fact in any application for permit;
8. have completed an initial classroom course,
including first aid procedures, in school bus driver safety
as promulgated by the Secretary of State; and after
satisfactory completion of said initial course an annual
refresher course; such courses and the agency or
organization conducting such courses shall be approved by

the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been convicted of 2 or more serious traffic
offenses, as defined by rule, within one year prior to the
date of application that may endanger the life or safety of
any of the driver's passengers within the duration of the
permit period;
10. not have been convicted of reckless driving,
aggravated reckless driving, driving while under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof, or
reckless homicide resulting from the operation of a motor
vehicle within 3 years of the date of application;
11. not have been convicted of committing or attempting
to commit any one or more of the following offenses: (i)
those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9,
11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1,
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2, 11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23,
11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,

12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
Section 8-1, and in subsection (a) and subsection (b),
clause (1), of Section 12-4, and in subsection (A), clauses
(a) and (b), of Section 24-3, and those offenses contained
in Article 29D of the Criminal Code of 1961; (ii) those
offenses defined in the Cannabis Control Act except those
offenses defined in subsections (a) and (b) of Section 4,
and subsection (a) of Section 5 of the Cannabis Control
Act; (iii) those offenses defined in the Illinois
Controlled Substances Act; (iv) those offenses defined in
the Methamphetamine Control and Community Protection Act;
(v) any offense committed or attempted in any other state
or against the laws of the United States, which if
committed or attempted in this State would be punishable as
one or more of the foregoing offenses; (vi) the offenses
defined in Section 4.1 and 5.1 of the Wrongs to Children
Act; (vii) those offenses defined in Section 6-16 of the
Liquor Control Act of 1934; and (viii) those offenses
defined in the Methamphetamine Precursor Control Act; .
12. not have been repeatedly involved as a driver in
motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of

ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a motor
vehicle, caused an accident resulting in the death of any
person; and
14. not have, within the last 5 years, been adjudged to
be afflicted with or suffering from any mental disability
or disease.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, social security number and date of birth, a brief
description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the
holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Department of State
Police that are required for the criminal background

investigations. The employer shall certify in writing to the
Secretary of State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Department of State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present the
certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal Bureau
of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau
of Investigation by the Department of State Police. The Federal
Bureau of Investigation shall report the findings directly to
the Secretary of State. The Secretary of State shall remove the
bus driver permit from provisional status upon the applicant's
successful completion of the Federal Bureau of Investigation's
criminal background investigation.

(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is convicted
in another state of an offense that would make him or her
ineligible for a permit under subsection (a) of this Section.
The written notification shall be made within 5 days of the
entry of the conviction. Failure of the permit holder to
provide the notification is punishable as a petty offense for a
first violation and a Class B misdemeanor for a second or
subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
driver permit of an applicant whose criminal background
investigation discloses that he or she is not in compliance
with the provisions of subsection (a) of this Section.
(2) The Secretary of State shall cancel a school bus
driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this
Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or
otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who
fails to obtain a negative result on a drug test as

required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving notice
from the employer that the holder failed to perform the
inspection procedure set forth in subsection (a) or (b) of
Section 12-816 of this Code.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the

Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor who
violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder has
been called to active duty. Upon notification pursuant to this
subsection, (i) the Secretary of State shall characterize the
permit as inactive until a permit holder renews the permit as
provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew a
permit characterized as inactive pursuant to subsection (h) of
this Section by complying with the renewal requirements of

subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
7-22-10; revised 9-2-10.)
(625 ILCS 5/6-109)
Sec. 6-109. Examination of Applicants.
(a) The Secretary of State shall examine every applicant
for a driver's license or permit who has not been previously
licensed as a driver under the laws of this State or any other
state or country, or any applicant for renewal of such driver's
license or permit when such license or permit has been expired
for more than one year. The Secretary of State shall, subject
to the provisions of paragraph (c), examine every licensed
driver at least every 8 years, and may examine or re-examine
any other applicant or licensed driver, provided that during
the years 1984 through 1991 those drivers issued a license for
3 years may be re-examined not less than every 7 years or more

than every 10 years.
The Secretary of State shall require the testing of the
eyesight of any driver's license or permit applicant who has
not been previously licensed as a driver under the laws of this
State and shall promulgate rules and regulations to provide for
the orderly administration of all the provisions of this
Section.
The Secretary of State shall include at least one test
question that concerns the provisions of the Pedestrians with
Disabilities Safety Act in the question pool used for the
written portion of the drivers license examination within one
year after July 22, 2010 (the effective date of Public Act
96-1167) this amendatory Act of the 96th General Assembly.
(b) Except as provided for those applicants in paragraph
(c), such examination shall include a test of the applicant's
eyesight, his ability to read and understand official traffic
control devices, his knowledge of safe driving practices and
the traffic laws of this State, and may include an actual
demonstration of the applicant's ability to exercise ordinary
and reasonable control of the operation of a motor vehicle, and
such further physical and mental examination as the Secretary
of State finds necessary to determine the applicant's fitness
to operate a motor vehicle safely on the highways, except the
examination of an applicant 75 years of age or older shall
include an actual demonstration of the applicant's ability to
exercise ordinary and reasonable control of the operation of a

motor vehicle. All portions of written and verbal examinations
under this Section, excepting where the English language
appears on facsimiles of road signs, may be given in the
Spanish language and, at the discretion of the Secretary of
State, in any other language as well as in English upon request
of the examinee. Deaf persons who are otherwise qualified are
not prohibited from being issued a license, other than a
commercial driver's license, under this Code.
(c) Re-examination for those applicants who at the time of
renewing their driver's license possess a driving record devoid
of any convictions of traffic violations or evidence of
committing an offense for which mandatory revocation would be
required upon conviction pursuant to Section 6-205 at the time
of renewal shall be in a manner prescribed by the Secretary in
order to determine an applicant's ability to safely operate a
motor vehicle, except that every applicant for the renewal of a
driver's license who is 75 years of age or older must prove, by
an actual demonstration, the applicant's ability to exercise
reasonable care in the safe operation of a motor vehicle.
(d) In the event the applicant is not ineligible under the
provisions of Section 6-103 to receive a driver's license, the
Secretary of State shall make provision for giving an
examination, either in the county where the applicant resides
or at a place adjacent thereto reasonably convenient to the
applicant, within not more than 30 days from the date said
application is received.

(e) The Secretary of State may adopt rules regarding the
use of foreign language interpreters during the application and
examination process.
(Source: P.A. 96-1167, eff. 7-22-10; 96-1231, eff. 7-23-10;
revised 9-2-10.)
(625 ILCS 5/6-118)
(Text of Section before amendment by P.A. 96-1344)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is
as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously

held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or

the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial driver instruction permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet Trust Fund;
$20 for the Motor Carrier

Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial driver instruction permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under

Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707..................... $100
Summary suspension under Section 11-501.1...........$250
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501 or
11-501.1 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section 9-3 of
the Criminal Code of 1961 and each suspension or revocation was
for a violation of Section 11-501 or 11-501.1 of this Code or a
similar provision of a local ordinance or a similar
out-of-state offense or Section 9-3 of the Criminal Code of
1961 shall pay, in addition to any other fees required by this
Code, a reinstatement fee as follows:
Summary suspension under Section 11-501.1............$500
Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
1. The following amounts shall be paid into the Driver
Education Fund:

(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving
permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license
summarily suspended under Section 11-501.1 shall be
deposited into the Drunk and Drugged Driving Prevention
Fund. However, for a person whose license or privilege to
operate a motor vehicle in this State has been suspended or
revoked for a second or subsequent time for a violation of
Section 11-501 or 11-501.1 of this Code or Section 9-3 of
the Criminal Code of 1961, $190 of the $500 fee for
reinstatement of a license summarily suspended under
Section 11-501.1, and $190 of the $500 fee for
reinstatement of a revoked license shall be deposited into
the Drunk and Drugged Driving Prevention Fund.
3. $6 of such original or renewal fee for a commercial
driver's license and $6 of the commercial driver
instruction permit fee when such permit is issued to any
person holding a valid Illinois driver's license, shall be

paid into the CDLIS/AAMVAnet Trust Fund.
4. $30 of the $70 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety
Training Fund.
6. $20 of any original or renewal fee for a commercial
driver's license or commercial driver instruction permit
shall be paid into the Motor Carrier Safety Inspection
Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and
(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after

becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 95-855, eff. 1-1-09; 96-34, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-1231, eff. 7-23-10; revised 9-16-10.)
(Text of Section after amendment by P.A. 96-1344)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is
as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or

age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5

Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or
the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial driver instruction permit
issued to any person holding a valid
Illinois driver's license for the

purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial driver instruction permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder

of an instruction permit for the same classification or type of
license who becomes eligible for such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707..................... $100
Summary suspension under Section 11-501.1...........$250
Summary revocation under Section 11-501.1............$500
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501 or
11-501.1 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section 9-3 of
the Criminal Code of 1961 and each suspension or revocation was
for a violation of Section 11-501 or 11-501.1 of this Code or a
similar provision of a local ordinance or a similar
out-of-state offense or Section 9-3 of the Criminal Code of
1961 shall pay, in addition to any other fees required by this
Code, a reinstatement fee as follows:
Summary suspension under Section 11-501.1............$500
Summary revocation under Section 11-501.1............$500

Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
1. The following amounts shall be paid into the Driver
Education Fund:
(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving
permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license
summarily suspended under Section 11-501.1 shall be
deposited into the Drunk and Drugged Driving Prevention
Fund. However, for a person whose license or privilege to
operate a motor vehicle in this State has been suspended or
revoked for a second or subsequent time for a violation of
Section 11-501 or 11-501.1 of this Code or Section 9-3 of
the Criminal Code of 1961, $190 of the $500 fee for
reinstatement of a license summarily suspended under
Section 11-501.1, and $190 of the $500 fee for

reinstatement of a revoked license shall be deposited into
the Drunk and Drugged Driving Prevention Fund. $190 of the
$500 fee for reinstatement of a license summarily revoked
pursuant to Section 11-501.1 shall be deposited into the
Drunk and Drugged Driving Prevention Fund.
3. $6 of such original or renewal fee for a commercial
driver's license and $6 of the commercial driver
instruction permit fee when such permit is issued to any
person holding a valid Illinois driver's license, shall be
paid into the CDLIS/AAMVAnet Trust Fund.
4. $30 of the $70 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety
Training Fund.
6. $20 of any original or renewal fee for a commercial
driver's license or commercial driver instruction permit
shall be paid into the Motor Carrier Safety Inspection
Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;

and
(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 95-855, eff. 1-1-09; 96-34, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-1231, eff. 7-23-10; 96-1344, eff. 7-1-11;
revised 9-16-10.)
(625 ILCS 5/6-205)
(Text of Section before amendment by P.A. 96-1344)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of

State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code relating to
the offense of leaving the scene of a traffic accident
involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;
7. Conviction of any offense defined in Section 4-102
of this Code;

8. Violation of Section 11-504 of this Code relating to
the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
1961 arising from the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code relating
to aggravated fleeing or attempting to elude a peace
officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation of
that Section or a similar provision of a local ordinance
and the driver was less than 21 years of age at the time of
the offense;
14. Violation of paragraph (a) of Section 11-506 of
this Code or a similar provision of a local ordinance
relating to the offense of street racing;
15. A second or subsequent conviction of driving while
the person's driver's license, permit or privileges was
revoked for reckless homicide or a similar out-of-state
offense;
16. Any offense against any provision in this the

Illinois Vehicle Code, or any local ordinance, regulating
the movement of traffic, when that offense was the
proximate cause of the death of any person. Any person
whose driving privileges have been revoked pursuant to this
paragraph may seek to have the revocation terminated or to
have the length of revocation reduced, by requesting an
administrative hearing with the Secretary of State prior to
the projected driver's license application eligibility
date.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided for
in Section 5-901 of the Juvenile Court Act of 1987 that the
minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles prescribed
in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit;
3. Of any person adjudicated under the Juvenile Court
Act of 1987 based on an offense determined to have been
committed in furtherance of the criminal activities of an
organized gang as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle
or the use of a driver's license or permit. The revocation

shall remain in effect for the period determined by the
court. Upon the direction of the court, the Secretary shall
issue the person a judicial driving permit, also known as a
JDP. The JDP shall be subject to the same terms as a JDP
issued under Section 6-206.1, except that the court may
direct that a JDP issued under this subdivision (b)(3) be
effective immediately.
(c)(1) Whenever Except as provided in subsection (c-5),
whenever a person is convicted of any of the offenses
enumerated in this Section, the court may recommend and the
Secretary of State in his discretion, without regard to whether
the recommendation is made by the court may, upon application,
issue to the person a restricted driving permit granting the
privilege of driving a motor vehicle between the petitioner's
residence and petitioner's place of employment or within the
scope of the petitioner's employment related duties, or to
allow the petitioner to transport himself or herself or a
family member of the petitioner's household to a medical
facility for the receipt of necessary medical care or to allow
the petitioner to transport himself or herself to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or disabled persons who

do not hold driving privileges and are living in the
petitioner's household to and from daycare; if the petitioner
is able to demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare; provided that
the Secretary's discretion shall be limited to cases where
undue hardship, as defined by the rules of the Secretary of
State, would result from a failure to issue the restricted
driving permit. Those multiple offenders identified in
subdivision (b)4 of Section 6-208 of this Code, however, shall
not be eligible for the issuance of a restricted driving
permit.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961, where the use of alcohol or
other drugs is recited as an element of the offense, or a
similar out-of-state offense, or a combination of these
offenses, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due

to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense,
or Section 9-3 of the Criminal Code of 1961, where
the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state
offense; or
(ii) a statutory summary suspension under
Section 11-501.1; or
(iii) a suspension pursuant to Section
6-203.1;
arising out of separate occurrences; or
(B) a person has been convicted of one violation of
Section 6-303 of this Code committed while his or her
driver's license, permit, or privilege was revoked
because of a violation of Section 9-3 of the Criminal
Code of 1961, relating to the offense of reckless
homicide where the use of alcohol or other drugs was
recited as an element of the offense, or a similar
provision of a law of another state;
that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned on the use
of an ignition interlock device must pay to the Secretary

of State DUI Administration Fund an amount not to exceed
$30 per month. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions relating
to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer when used solely for employment purposes.
(6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems
appropriate, except that the permit shall expire within one
year from the date of issuance. The Secretary may not,
however, issue a restricted driving permit to any person
whose current revocation is the result of a second or
subsequent conviction for a violation of Section 11-501 of
this Code or a similar provision of a local ordinance or
any similar out-of-state offense, or Section 9-3 of the
Criminal Code of 1961, where the use of alcohol or other
drugs is recited as an element of the offense, or any
similar out-of-state offense, or any combination of these
offenses, until the expiration of at least one year from
the date of the revocation. A restricted driving permit
issued under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in

like manner and for like cause as a driver's license issued
under this Code may be cancelled, revoked, or suspended;
except that a conviction upon one or more offenses against
laws or ordinances regulating the movement of traffic shall
be deemed sufficient cause for the revocation, suspension,
or cancellation of a restricted driving permit. The
Secretary of State may, as a condition to the issuance of a
restricted driving permit, require the petitioner to
participate in a designated driver remedial or
rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a)
of this Section, no restricted driving permit shall be
issued until the individual has served 6 months of the
revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 relating
to the offense of reckless homicide or a similar out-of-state
offense, the person's driving privileges shall be revoked
pursuant to subdivision (a)(15) of this Section. The person may
not make application for a license or permit until the

expiration of five years from the effective date of the
revocation or the expiration of five years from the date of
release from a term of imprisonment, whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 relating to the offense of reckless homicide or a
similar out-of-state offense, the person may never apply for a
license or permit.
(d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one year period, and upon reapplication
for a license as provided in Section 6-106, upon payment of the
appropriate reinstatement fee provided under paragraph (b) of
Section 6-118, the Secretary of State, in his discretion, may
reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many

times as the Secretary of State deems appropriate, by
additional periods of not more than 12 months each.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961, where the use of alcohol or
other drugs is recited as an element of the offense, or a
similar out-of-state offense, or a combination of these
offenses, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(3) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due to
any combination of:
(A) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use
of alcohol or other drugs is recited as an element of
the offense, or a similar out-of-state offense; or
(B) a statutory summary suspension under Section
11-501.1; or
(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued

a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(4) The person issued a permit conditioned upon the use
of an interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per
month. The Secretary shall establish by rule the amount and
the procedures, terms, and conditions relating to these
fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against driving
a vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes.
(6) A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent

violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961,
relating to the offense of reckless homicide, or a similar
provision of a law of another state, is permanent. The
Secretary may not, at any time, issue a license or permit to
that person.
(e) This Section is subject to the provisions of the Driver
License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by a person
who has been convicted of a second or subsequent offense under
Section 11-501 of this Code or a similar provision of a local
ordinance. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $30 for each month
that he or she uses the device. The Secretary shall establish
by rule and regulation the procedures for certification and use
of the interlock system, the amount of the fee, and the

procedures, terms, and conditions relating to these fees.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377,
eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848,
eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09;
96-607, eff. 8-24-09; 96-1180, eff. 1-1-11; 96-1305, eff.
1-1-11; revised 9-2-10.)
(Text of Section after amendment by P.A. 96-1344)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug or

drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code relating to
the offense of leaving the scene of a traffic accident
involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;
7. Conviction of any offense defined in Section 4-102
of this Code;
8. Violation of Section 11-504 of this Code relating to
the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
1961 arising from the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code relating
to aggravated fleeing or attempting to elude a peace
officer;
12. Violation of paragraph (1) of subsection (b) of

Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation of
that Section or a similar provision of a local ordinance
and the driver was less than 21 years of age at the time of
the offense;
14. Violation of paragraph (a) of Section 11-506 of
this Code or a similar provision of a local ordinance
relating to the offense of street racing;
15. A second or subsequent conviction of driving while
the person's driver's license, permit or privileges was
revoked for reckless homicide or a similar out-of-state
offense;
16. Any offense against any provision in this the
Illinois Vehicle Code, or any local ordinance, regulating
the movement of traffic, when that offense was the
proximate cause of the death of any person. Any person
whose driving privileges have been revoked pursuant to this
paragraph may seek to have the revocation terminated or to
have the length of revocation reduced, by requesting an
administrative hearing with the Secretary of State prior to
the projected driver's license application eligibility
date.

(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided for
in Section 5-901 of the Juvenile Court Act of 1987 that the
minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles prescribed
in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit;
3. Of any person adjudicated under the Juvenile Court
Act of 1987 based on an offense determined to have been
committed in furtherance of the criminal activities of an
organized gang as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle
or the use of a driver's license or permit. The revocation
shall remain in effect for the period determined by the
court. Upon the direction of the court, the Secretary shall
issue the person a judicial driving permit, also known as a
JDP. The JDP shall be subject to the same terms as a JDP
issued under Section 6-206.1, except that the court may
direct that a JDP issued under this subdivision (b)(3) be
effective immediately.
(c)(1) Whenever Except as provided in subsection (c-5),
whenever a person is convicted of any of the offenses

enumerated in this Section, the court may recommend and the
Secretary of State in his discretion, without regard to whether
the recommendation is made by the court may, upon application,
issue to the person a restricted driving permit granting the
privilege of driving a motor vehicle between the petitioner's
residence and petitioner's place of employment or within the
scope of the petitioner's employment related duties, or to
allow the petitioner to transport himself or herself or a
family member of the petitioner's household to a medical
facility for the receipt of necessary medical care or to allow
the petitioner to transport himself or herself to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or disabled persons who
do not hold driving privileges and are living in the
petitioner's household to and from daycare; if the petitioner
is able to demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare; provided that
the Secretary's discretion shall be limited to cases where
undue hardship, as defined by the rules of the Secretary of
State, would result from a failure to issue the restricted
driving permit. Those multiple offenders identified in

subdivision (b)4 of Section 6-208 of this Code, however, shall
not be eligible for the issuance of a restricted driving
permit.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961, where the use of alcohol or
other drugs is recited as an element of the offense, or a
similar out-of-state offense, or a combination of these
offenses, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due
to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense,
or Section 9-3 of the Criminal Code of 1961, where
the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state
offense; or
(ii) a statutory summary suspension or

revocation under Section 11-501.1; or
(iii) a suspension pursuant to Section
6-203.1;
arising out of separate occurrences; or
(B) a person has been convicted of one violation of
Section 6-303 of this Code committed while his or her
driver's license, permit, or privilege was revoked
because of a violation of Section 9-3 of the Criminal
Code of 1961, relating to the offense of reckless
homicide where the use of alcohol or other drugs was
recited as an element of the offense, or a similar
provision of a law of another state;
that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned on the use
of an ignition interlock device must pay to the Secretary
of State DUI Administration Fund an amount not to exceed
$30 per month. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions relating
to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that person's

employer when used solely for employment purposes.
(6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems
appropriate, except that the permit shall expire within one
year from the date of issuance. The Secretary may not,
however, issue a restricted driving permit to any person
whose current revocation is the result of a second or
subsequent conviction for a violation of Section 11-501 of
this Code or a similar provision of a local ordinance or
any similar out-of-state offense, or Section 9-3 of the
Criminal Code of 1961, where the use of alcohol or other
drugs is recited as an element of the offense, or any
similar out-of-state offense, or any combination of these
offenses, until the expiration of at least one year from
the date of the revocation. A restricted driving permit
issued under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license issued
under this Code may be cancelled, revoked, or suspended;
except that a conviction upon one or more offenses against
laws or ordinances regulating the movement of traffic shall
be deemed sufficient cause for the revocation, suspension,
or cancellation of a restricted driving permit. The
Secretary of State may, as a condition to the issuance of a
restricted driving permit, require the petitioner to
participate in a designated driver remedial or

rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a)
of this Section, no restricted driving permit shall be
issued until the individual has served 6 months of the
revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 relating
to the offense of reckless homicide or a similar out-of-state
offense, the person's driving privileges shall be revoked
pursuant to subdivision (a)(15) of this Section. The person may
not make application for a license or permit until the
expiration of five years from the effective date of the
revocation or the expiration of five years from the date of
release from a term of imprisonment, whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 relating to the offense of reckless homicide or a
similar out-of-state offense, the person may never apply for a

license or permit.
(d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one year period, and upon reapplication
for a license as provided in Section 6-106, upon payment of the
appropriate reinstatement fee provided under paragraph (b) of
Section 6-118, the Secretary of State, in his discretion, may
reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many
times as the Secretary of State deems appropriate, by
additional periods of not more than 12 months each.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961, where the use of alcohol or
other drugs is recited as an element of the offense, or a
similar out-of-state offense, or a combination of these

offenses, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(3) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due to
any combination of:
(A) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use
of alcohol or other drugs is recited as an element of
the offense, or a similar out-of-state offense; or
(B) a statutory summary suspension or revocation
under Section 11-501.1; or
(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued
a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(4) The person issued a permit conditioned upon the use
of an interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per
month. The Secretary shall establish by rule the amount and
the procedures, terms, and conditions relating to these
fees.

(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against driving
a vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes.
(6) A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961,
relating to the offense of reckless homicide, or a similar
provision of a law of another state, is permanent. The
Secretary may not, at any time, issue a license or permit to
that person.
(e) This Section is subject to the provisions of the Driver
License Compact.

(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by a person
who has been convicted of a second or subsequent offense under
Section 11-501 of this Code or a similar provision of a local
ordinance. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $30 for each month
that he or she uses the device. The Secretary shall establish
by rule and regulation the procedures for certification and use
of the interlock system, the amount of the fee, and the
procedures, terms, and conditions relating to these fees.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377,
eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848,

eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09;
96-607, eff. 8-24-09; 96-1180, eff. 1-1-11; 96-1305, eff.
1-1-11; 96-1344, eff. 7-1-11; revised 9-2-10.)
(625 ILCS 5/6-206)
(Text of Section before amendment by P.A. 96-1344)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the

traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit under
the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or

identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this
State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or
suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was
invalid under the provisions of Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 relating to criminal trespass to

vehicles in which case, the suspension shall be for one
year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person
has not sought a hearing as provided for in Section
11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing a

violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois of or
for a traffic related offense that is the same as or
similar to an offense specified under Section 6-205 or
6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control Act
of 1934;
28. Has been convicted of the illegal possession, while
operating or in actual physical control, as a driver, of a
motor vehicle, of any controlled substance prohibited
under the Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act, in which case the
person's driving privileges shall be suspended for one

year, and any driver who is convicted of a second or
subsequent offense, within 5 years of a previous
conviction, for the illegal possession, while operating or
in actual physical control, as a driver, of a motor
vehicle, of any controlled substance prohibited under the
Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act shall be suspended for
5 years. Any defendant found guilty of this offense while
operating a motor vehicle, shall have an entry made in the
court record by the presiding judge that this offense did
occur while the defendant was operating a motor vehicle and
order the clerk of the court to report the violation to the
Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute and the manufacture,
sale or delivery of controlled substances or instruments
used for illegal drug use or abuse in which case the
driver's driving privileges shall be suspended for one
year;

30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 or has submitted to a test resulting in an
alcohol concentration of 0.08 or more or any amount of a
drug, substance, or compound resulting from the unlawful
use or consumption of cannabis as listed in the Cannabis
Control Act, a controlled substance as listed in the
Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated discharge
of a firearm if the offender was located in a motor vehicle
at the time the firearm was discharged, in which case the
suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code;

35. Has committed a violation of Section 11-1301.6 of
this Code;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24 month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code within 2 years of the date of
the previous violation, in which case the suspension shall
be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code;
43. Has received a disposition of court supervision for
a violation of subsection (a), (d), or (e) of Section 6-20

of the Liquor Control Act of 1934 or a similar provision of
a local ordinance, in which case the suspension shall be
for a period of 3 months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section; or
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the

order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a) of
this Section, a person's privilege to operate a vehicle as
an occupation shall not be suspended, provided an affidavit
is properly completed, the appropriate fee received, and a
permit issued prior to the effective date of the
suspension, unless 5 offenses were committed, at least 2 of
which occurred while operating a commercial vehicle in
connection with the driver's regular occupation. All other
driving privileges shall be suspended by the Secretary of
State. Any driver prior to operating a vehicle for
occupational purposes only must submit the affidavit on
forms to be provided by the Secretary of State setting
forth the facts of the person's occupation. The affidavit

shall also state the number of offenses committed while
operating a vehicle in connection with the driver's regular
occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as
set forth in the notice that was mailed under this Section.
If an affidavit is received subsequent to the effective
date of this suspension, a permit may be issued for the
remainder of the suspension period.
The provisions of this subparagraph shall not apply to
any driver required to possess a CDL for the purpose of
operating a commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section
6-302 and upon conviction thereof shall have all driving
privileges revoked without further rights.
3. At the conclusion of a hearing under Section 2-118
of this Code, the Secretary of State shall either rescind
or continue an order of revocation or shall substitute an
order of suspension; or, good cause appearing therefor,
rescind, continue, change, or extend the order of
suspension. If the Secretary of State does not rescind the

order, the Secretary may upon application, to relieve undue
hardship (as defined by the rules of the Secretary of
State), issue a restricted driving permit granting the
privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of
employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to
transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a
licensed service provider, or to allow the petitioner to
transport himself or herself or a family member of the
petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the
petitioner to transport children, elderly persons, or
disabled persons who do not hold driving privileges and are
living in the petitioner's household to and from daycare.
The petitioner must demonstrate that no alternative means
of transportation is reasonably available and that the
petitioner will not endanger the public safety or welfare.
Those multiple offenders identified in subdivision (b)4 of
Section 6-208 of this Code, however, shall not be eligible
for the issuance of a restricted driving permit.
(A) If a person's license or permit is revoked or

suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use
of alcohol or other drugs is recited as an element of
the offense, or a similar out-of-state offense, or a
combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has
been equipped with an ignition interlock device as
defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due
to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense
or Section 9-3 of the Criminal Code of 1961, where
the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state
offense; or
(ii) a statutory summary suspension under
Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a

vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the
operation of an occupational vehicle owned or leased by
that person's employer when used solely for employment
purposes.
(E) In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire
within one year from the date of issuance. The
Secretary may not, however, issue a restricted driving
permit to any person whose current revocation is the
result of a second or subsequent conviction for a
violation of Section 11-501 of this Code or a similar
provision of a local ordinance or any similar
out-of-state offense, or Section 9-3 of the Criminal
Code of 1961, where the use of alcohol or other drugs

is recited as an element of the offense, or any similar
out-of-state offense, or any combination of those
offenses, until the expiration of at least one year
from the date of the revocation. A restricted driving
permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the
Secretary of State in like manner and for like cause as
a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation,
suspension, or cancellation of a restricted driving
permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require
the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of
State is authorized to cancel a restricted driving
permit if the permit holder does not successfully
complete the program.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the

Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of

State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11;
96-1305, eff. 1-1-11; revised 9-2-10.)
(Text of Section after amendment by P.A. 96-1344)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor

vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the

examination;
8. Is ineligible for a driver's license or permit under
the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this
State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or
suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was
invalid under the provisions of Sections 6-107.1 and 6-110;

14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 relating to criminal trespass to
vehicles in which case, the suspension shall be for one
year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person
has not sought a hearing as provided for in Section
11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph

(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois of or
for a traffic related offense that is the same as or
similar to an offense specified under Section 6-205 or
6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control Act
of 1934;
28. Has been convicted of the illegal possession, while
operating or in actual physical control, as a driver, of a
motor vehicle, of any controlled substance prohibited

under the Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act, in which case the
person's driving privileges shall be suspended for one
year, and any driver who is convicted of a second or
subsequent offense, within 5 years of a previous
conviction, for the illegal possession, while operating or
in actual physical control, as a driver, of a motor
vehicle, of any controlled substance prohibited under the
Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act shall be suspended for
5 years. Any defendant found guilty of this offense while
operating a motor vehicle, shall have an entry made in the
court record by the presiding judge that this offense did
occur while the defendant was operating a motor vehicle and
order the clerk of the court to report the violation to the
Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, aggravated criminal sexual abuse, juvenile pimping,

soliciting for a juvenile prostitute and the manufacture,
sale or delivery of controlled substances or instruments
used for illegal drug use or abuse in which case the
driver's driving privileges shall be suspended for one
year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 or has submitted to a test resulting in an
alcohol concentration of 0.08 or more or any amount of a
drug, substance, or compound resulting from the unlawful
use or consumption of cannabis as listed in the Cannabis
Control Act, a controlled substance as listed in the
Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated discharge
of a firearm if the offender was located in a motor vehicle
at the time the firearm was discharged, in which case the
suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of age

on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code;
35. Has committed a violation of Section 11-1301.6 of
this Code;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24 month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code within 2 years of the date of
the previous violation, in which case the suspension shall

be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code;
43. Has received a disposition of court supervision for
a violation of subsection (a), (d), or (e) of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance, in which case the suspension shall be
for a period of 3 months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section; or
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,

a probationary driver's license or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a) of
this Section, a person's privilege to operate a vehicle as
an occupation shall not be suspended, provided an affidavit
is properly completed, the appropriate fee received, and a
permit issued prior to the effective date of the
suspension, unless 5 offenses were committed, at least 2 of
which occurred while operating a commercial vehicle in
connection with the driver's regular occupation. All other

driving privileges shall be suspended by the Secretary of
State. Any driver prior to operating a vehicle for
occupational purposes only must submit the affidavit on
forms to be provided by the Secretary of State setting
forth the facts of the person's occupation. The affidavit
shall also state the number of offenses committed while
operating a vehicle in connection with the driver's regular
occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as
set forth in the notice that was mailed under this Section.
If an affidavit is received subsequent to the effective
date of this suspension, a permit may be issued for the
remainder of the suspension period.
The provisions of this subparagraph shall not apply to
any driver required to possess a CDL for the purpose of
operating a commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section
6-302 and upon conviction thereof shall have all driving
privileges revoked without further rights.
3. At the conclusion of a hearing under Section 2-118

of this Code, the Secretary of State shall either rescind
or continue an order of revocation or shall substitute an
order of suspension; or, good cause appearing therefor,
rescind, continue, change, or extend the order of
suspension. If the Secretary of State does not rescind the
order, the Secretary may upon application, to relieve undue
hardship (as defined by the rules of the Secretary of
State), issue a restricted driving permit granting the
privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of
employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to
transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a
licensed service provider, or to allow the petitioner to
transport himself or herself or a family member of the
petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the
petitioner to transport children, elderly persons, or
disabled persons who do not hold driving privileges and are
living in the petitioner's household to and from daycare.
The petitioner must demonstrate that no alternative means
of transportation is reasonably available and that the

petitioner will not endanger the public safety or welfare.
Those multiple offenders identified in subdivision (b)4 of
Section 6-208 of this Code, however, shall not be eligible
for the issuance of a restricted driving permit.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use
of alcohol or other drugs is recited as an element of
the offense, or a similar out-of-state offense, or a
combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has
been equipped with an ignition interlock device as
defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due
to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense
or Section 9-3 of the Criminal Code of 1961, where
the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state
offense; or

(ii) a statutory summary suspension or
revocation under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the
operation of an occupational vehicle owned or leased by
that person's employer when used solely for employment
purposes.
(E) In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire
within one year from the date of issuance. The
Secretary may not, however, issue a restricted driving
permit to any person whose current revocation is the

result of a second or subsequent conviction for a
violation of Section 11-501 of this Code or a similar
provision of a local ordinance or any similar
out-of-state offense, or Section 9-3 of the Criminal
Code of 1961, where the use of alcohol or other drugs
is recited as an element of the offense, or any similar
out-of-state offense, or any combination of those
offenses, until the expiration of at least one year
from the date of the revocation. A restricted driving
permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the
Secretary of State in like manner and for like cause as
a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation,
suspension, or cancellation of a restricted driving
permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require
the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of
State is authorized to cancel a restricted driving
permit if the permit holder does not successfully
complete the program.
(c-3) In the case of a suspension under paragraph 43 of

subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.

(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11;
96-1305, eff. 1-1-11; 96-1344, eff. 7-1-11; revised 9-2-10.)
(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
Sec. 6-306.5. Failure to pay fine or penalty for standing,
parking, compliance, or automated traffic law violations;
suspension of driving privileges.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality or county
stating that the owner of a registered vehicle has: (1) has
failed to pay any fine or penalty due and owing as a result of
10 or more violations of a municipality's or county's vehicular
standing, parking, or compliance regulations established by
ordinance pursuant to Section 11-208.3 of this Code, (2) has

failed to pay any fine or penalty due and owing as a result of 5
offenses for automated traffic violations as defined in Section
11-208.6 or 11-1201.1, or (3) is more than 14 days in default
of a payment plan pursuant to which a suspension had been
terminated under subsection (c) of this Section, the Secretary
of State shall suspend the driving privileges of such person in
accordance with the procedures set forth in this Section. The
Secretary shall also suspend the driving privileges of an owner
of a registered vehicle upon receipt of a certified report, as
prescribed by subsection (f) of this Section, from any
municipality or county stating that such person has failed to
satisfy any fines or penalties imposed by final judgments for 5
or more automated traffic law violations or 10 or more
violations of local standing, parking, or compliance
regulations after exhaustion of judicial review procedures.
(b) Following receipt of the certified report of the
municipality or county as specified in this Section, the
Secretary of State shall notify the person whose name appears
on the certified report that the person's drivers license will
be suspended at the end of a specified period of time unless
the Secretary of State is presented with a notice from the
municipality or county certifying that the fine or penalty due
and owing the municipality or county has been paid or that
inclusion of that person's name on the certified report was in
error. The Secretary's notice shall state in substance the
information contained in the municipality's or county's

certified report to the Secretary, and shall be effective as
specified by subsection (c) of Section 6-211 of this Code.
(c) The report of the appropriate municipal or county
official notifying the Secretary of State of unpaid fines or
penalties pursuant to this Section shall be certified and shall
contain the following:
(1) The name, last known address as recorded with the
Secretary of State, as provided by the lessor of the cited
vehicle at the time of lease, or as recorded in a United
States Post Office approved database if any notice sent
under Section 11-208.3 of this Code is returned as
undeliverable, and drivers license number of the person who
failed to pay the fine or penalty or who has defaulted in a
payment plan and the registration number of any vehicle
known to be registered to such person in this State.
(2) The name of the municipality or county making the
report pursuant to this Section.
(3) A statement that the municipality or county sent a
notice of impending drivers license suspension as
prescribed by ordinance enacted pursuant to Section
11-208.3 of this Code or a notice of default in a payment
plan, to the person named in the report at the address
recorded with the Secretary of State or at the last address
known to the lessor of the cited vehicle at the time of
lease or, if any notice sent under Section 11-208.3 of this
Code is returned as undeliverable, at the last known

address recorded in a United States Post Office approved
database; the date on which such notice was sent; and the
address to which such notice was sent. In a municipality or
county with a population of 1,000,000 or more, the report
shall also include a statement that the alleged violator's
State vehicle registration number and vehicle make, if
specified on the automated traffic law violation notice,
are correct as they appear on the citations.
(4) A unique identifying reference number for each
request of suspension sent whenever a person has failed to
pay the fine or penalty or has defaulted on a payment plan.
(d) Any municipality or county making a certified report to
the Secretary of State pursuant to this Section shall notify
the Secretary of State, in a form prescribed by the Secretary,
whenever a person named in the certified report has paid the
previously reported fine or penalty, whenever a person named in
the certified report has entered into a payment plan pursuant
to which the municipality or county has agreed to terminate the
suspension, or whenever the municipality or county determines
that the original report was in error. A certified copy of such
notification shall also be given upon request and at no
additional charge to the person named therein. Upon receipt of
the municipality's or county's notification or presentation of
a certified copy of such notification, the Secretary of State
shall terminate the suspension.
(e) Any municipality or county making a certified report to

the Secretary of State pursuant to this Section shall also by
ordinance establish procedures for persons to challenge the
accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited to
(1) the person not having been the owner or lessee of the
vehicle or vehicles receiving 10 or more standing, parking, or
compliance violation notices or 5 or more automated traffic law
violations on the date or dates such notices were issued; and
(2) the person having already paid the fine or penalty for the
10 or more standing, parking, or compliance violations or 5 or
more automated traffic law violations indicated on the
certified report.
(f) Any municipality or county, other than a municipality
or county establishing vehicular standing, parking, and
compliance regulations pursuant to Section 11-208.3 or
automated traffic law regulations under Section 11-208.6 or
11-1201.1, may also cause a suspension of a person's drivers
license pursuant to this Section. Such municipality or county
may invoke this sanction by making a certified report to the
Secretary of State upon a person's failure to satisfy any fine
or penalty imposed by final judgment for 10 or more violations
of local standing, parking, or compliance regulations or 5 or
more automated traffic law violations after exhaustion of
judicial review procedures, but only if:
(1) the municipality or county complies with the
provisions of this Section in all respects except in regard

to enacting an ordinance pursuant to Section 11-208.3;
(2) the municipality or county has sent a notice of
impending drivers license suspension as prescribed by an
ordinance enacted pursuant to subsection (g) of this
Section; and
(3) in municipalities or counties with a population of
1,000,000 or more, the municipality or county has verified
that the alleged violator's State vehicle registration
number and vehicle make are correct as they appear on the
citations.
(g) Any municipality or county, other than a municipality
or county establishing standing, parking, and compliance
regulations pursuant to Section 11-208.3 or automated traffic
law regulations under Section 11-208.6 or 11-1201.1, may
provide by ordinance for the sending of a notice of impending
drivers license suspension to the person who has failed to
satisfy any fine or penalty imposed by final judgment for 10 or
more violations of local standing, parking, or compliance
regulations or 5 or more automated traffic law violations after
exhaustion of judicial review procedures. An ordinance so
providing shall specify that the notice sent to the person
liable for any fine or penalty shall state that failure to pay
the fine or penalty owing within 45 days of the notice's date
will result in the municipality or county notifying the
Secretary of State that the person's drivers license is
eligible for suspension pursuant to this Section. The notice of

impending drivers license suspension shall be sent by first
class United States mail, postage prepaid, to the address
recorded with the Secretary of State or at the last address
known to the lessor of the cited vehicle at the time of lease
or, if any notice sent under Section 11-208.3 of this Code is
returned as undeliverable, to the last known address recorded
in a United States Post Office approved database.
(h) An administrative hearing to contest an impending
suspension or a suspension made pursuant to this Section may be
had upon filing a written request with the Secretary of State.
The filing fee for this hearing shall be $20, to be paid at the
time the request is made. A municipality or county which files
a certified report with the Secretary of State pursuant to this
Section shall reimburse the Secretary for all reasonable costs
incurred by the Secretary as a result of the filing of the
report, including but not limited to the costs of providing the
notice required pursuant to subsection (b) and the costs
incurred by the Secretary in any hearing conducted with respect
to the report pursuant to this subsection and any appeal from
such a hearing.
(i) The provisions of this Section shall apply on and after
January 1, 1988.
(j) For purposes of this Section, the term "compliance
violation" is defined as in Section 11-208.3.
(Source: P.A. 96-478, eff. 1-1-10; 96-1184, eff. 7-22-10;
96-1386, eff. 7-29-10; revised 9-16-10.)

(625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
Sec. 6-402. Qualifications of driver training schools. In
order to qualify for a license to operate a driver training
school, each applicant must:
(a) be of good moral character;
(b) be at least 21 years of age;
(c) maintain an established place of business open to
the public which meets the requirements of Section 6-403
through 6-407;
(d) maintain bodily injury and property damage
liability insurance on motor vehicles while used in driving
instruction, insuring the liability of the driving school,
the driving instructors and any person taking instruction
in at least the following amounts: $50,000 for bodily
injury to or death of one person in any one accident and,
subject to said limit for one person, $100,000 for bodily
injury to or death of 2 or more persons in any one accident
and the amount of $10,000 for damage to property of others
in any one accident. Evidence of such insurance coverage in
the form of a certificate from the insurance carrier shall
be filed with the Secretary of State, and such certificate
shall stipulate that the insurance shall not be cancelled
except upon 10 days prior written notice to the Secretary
of State. The decal showing evidence of insurance shall be
affixed to the windshield of the vehicle;

(e) provide a continuous surety company bond in the
principal sum of $10,000 for a non-accredited school,
$40,000 for a CDL or teenage accredited school, $60,000 for
a CDL accredited and teenage accredited school, $50,000 for
a CDL or teenage accredited school with 3 three or more
licensed branches, $70,000 for a CDL accredited and teenage
accredited school with 3 three or more licensed branches
for the protection of the contractual rights of students in
such form as will meet with the approval of the Secretary
of State and written by a company authorized to do business
in this State. However, the aggregate liability of the
surety for all breaches of the condition of the bond in no
event shall exceed the principal sum of $10,000 for a
non-accredited school, $40,000 for a CDL or teenage
accredited school, $60,000 for a CDL accredited and teenage
accredited school, $50,000 for a CDL or teenage accredited
school with 3 three or more licensed branches, $70,000 for
a CDL accredited and teenage accredited school with 3 three
or more licensed branches. The surety on any such bond may
cancel such bond on giving 30 days notice thereof in
writing to the Secretary of State and shall be relieved of
liability for any breach of any conditions of the bond
which occurs after the effective date of cancellation;
(f) have the equipment necessary to the giving of
proper instruction in the operation of motor vehicles;
(g) have and use a business telephone listing for all

business purposes;
(h) pay to the Secretary of State an application fee of
$500 and $50 for each branch application; and
(i) authorize an investigation to include a
fingerprint based background check to determine if the
applicant has ever been convicted of a crime and if so, the
disposition of those convictions. The authorization shall
indicate the scope of the inquiry and the agencies that may
be contacted. Upon this authorization, the Secretary of
State may request and receive information and assistance
from any federal, State, or local governmental agency as
part of the authorized investigation. Each applicant shall
have his or her fingerprints submitted to the Department of
State Police in the form and manner prescribed by the
Department of State Police. The fingerprints shall be
checked against the Department of State Police and Federal
Bureau of Investigation criminal history record
information databases. The Department of State Police
shall charge a fee for conducting the criminal history
records check, which shall be deposited in the State Police
Services Fund and shall not exceed the actual cost of the
records check. The applicant shall be required to pay all
related fingerprint fees including, but not limited to, the
amounts established by the Department of State Police and
the Federal Bureau of Investigation to process fingerprint
based criminal background investigations. The Department

of State Police shall provide information concerning any
criminal convictions and disposition of criminal
convictions brought against the applicant upon request of
the Secretary of State provided that the request is made in
the form and manner required by the Department of the State
Police. Unless otherwise prohibited by law, the
information derived from the investigation including the
source of the information and any conclusions or
recommendations derived from the information by the
Secretary of State shall be provided to the applicant, or
his designee, upon request to the Secretary of State, prior
to any final action by the Secretary of State on the
application. Any criminal convictions and disposition
information obtained by the Secretary of State shall be
confidential and may not be transmitted outside the Office
of the Secretary of State, except as required herein, and
may not be transmitted to anyone within the Office of the
Secretary of State except as needed for the purpose of
evaluating the applicant. The information obtained from
the investigation may be maintained by the Secretary of
State or any agency to which the information was
transmitted. Only information and standards, which bear a
reasonable and rational relation to the performance of a
driver training school owner, shall be used by the
Secretary of State. Any employee of the Secretary of State
who gives or causes to be given away any confidential

information concerning any criminal charges or disposition
of criminal charges of an applicant shall be guilty of a
Class A misdemeanor, unless release of the information is
authorized by this Section.
No license shall be issued under this Section to a person
who is a spouse, offspring, sibling, parent, grandparent,
grandchild, uncle or aunt, nephew or niece, cousin, or in-law
of the person whose license to do business at that location has
been revoked or denied or to a person who was an officer or
employee of a business firm that has had its license revoked or
denied, unless the Secretary of State is satisfied the
application was submitted in good faith and not for the purpose
or effect of defeating the intent of this Code.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10;
96-1062, eff. 7-14-10; revised 7-22-10.)
(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
Sec. 6-514. Commercial Driver's License (CDL) -
Disqualifications.
(a) A person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 12
months for the first violation of:
(1) Refusing to submit to or failure to complete a test
or tests to determine the driver's blood concentration of
alcohol, other drug, or both, while driving a commercial
motor vehicle or, if the driver is a CDL holder, while

driving a non-CMV; or
(2) Operating a commercial motor vehicle while the
alcohol concentration of the person's blood, breath or
urine is at least 0.04, or any amount of a drug, substance,
or compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act as indicated by a police officer's sworn
report or other verified evidence; or operating a
non-commercial motor vehicle while the alcohol
concentration of the person's blood, breath, or urine was
above the legal limit defined in Section 11-501.1 or
11-501.8 or any amount of a drug, substance, or compound in
the person's blood or urine resulting from the unlawful use
or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois
Controlled Substances Act, or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act
as indicated by a police officer's sworn report or other
verified evidence while holding a commercial driver's
license; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
driver is a CDL holder, driving a non-CMV while under

the influence of alcohol, or any other drug, or
combination of drugs to a degree which renders such
person incapable of safely driving; or
(ii) Knowingly leaving the scene of an accident
while operating a commercial motor vehicle or, if the
driver is a CDL holder, while driving a non-CMV; or
(iii) Driving a commercial motor vehicle or, if the
driver is a CDL holder, driving a non-CMV while
committing any felony; or
(iv) Driving a commercial motor vehicle while the
person's driving privileges or driver's license or
permit is revoked, suspended, or cancelled or the
driver is disqualified from operating a commercial
motor vehicle; or
(v) Causing a fatality through the negligent
operation of a commercial motor vehicle, including but
not limited to the crimes of motor vehicle
manslaughter, homicide by a motor vehicle, and
negligent homicide.
As used in this subdivision (a)(3)(v), "motor
vehicle manslaughter" means the offense of involuntary
manslaughter if committed by means of a vehicle;
"homicide by a motor vehicle" means the offense of
first degree murder or second degree murder, if either
offense is committed by means of a vehicle; and
"negligent homicide" means reckless homicide under

Section 9-3 of the Criminal Code of 1961 and aggravated
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof under subdivision (d)(1)(F) of
Section 11-501 of this Code.
If any of the above violations or refusals occurred
while transporting hazardous material(s) required to be
placarded, the person shall be disqualified for a period of
not less than 3 years.
(b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
(c) A person is disqualified from driving a commercial
motor vehicle for life if the person either (i) uses a
commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a
controlled substance, or possession with intent to
manufacture, distribute or dispense a controlled substance or
(ii) if the person is a CDL holder, uses a non-CMV in the
commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may be
reduced to a period of not less than 10 years. If a reinstated
driver is subsequently convicted of another disqualifying

offense, as specified in subsection (a) of this Section, he or
she shall be permanently disqualified for life and shall be
ineligible to again apply for a reduction of the lifetime
disqualification.
(e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CDL, or any
combination thereof, arising from separate incidents,
occurring within a 3 year period, provided the serious traffic
violation committed in a non-CMV would result in the suspension
or revocation of the CDL holder's non-CMV privileges. However,
a person will be disqualified from driving a commercial motor
vehicle for a period of not less than 4 months if convicted of
3 serious traffic violations, committed in a commercial motor
vehicle, non-CMV while holding a CDL, or any combination
thereof, arising from separate incidents, occurring within a 3
year period, provided the serious traffic violation committed
in a non-CMV would result in the suspension or revocation of
the CDL holder's non-CMV privileges. If all the convictions
occurred in a non-CMV, the disqualification shall be entered
only if the convictions would result in the suspension or
revocation of the CDL holder's non-CMV privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any
driver disqualified from operating a commercial motor vehicle,

pursuant to this UCDLA, shall not be eligible for restoration
of commercial driving privileges during any such period of
disqualification.
(g) After suspending, revoking, or cancelling a commercial
driver's license, the Secretary of State must update the
driver's records to reflect such action within 10 days. After
suspending or revoking the driving privilege of any person who
has been issued a CDL or commercial driver instruction permit
from another jurisdiction, the Secretary shall originate
notification to such issuing jurisdiction within 10 days.
(h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle driver,
by the Secretary of State, unless the prohibited action(s)
occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of paragraph
(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years upon a second conviction of paragraph
(2) of subsection (b) or subsection (b-3) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (2) of subsection (b) or subsection
(b-3).

(3) For 3 years upon a third or subsequent conviction
of paragraph (2) of subsection (b) or subsection (b-3) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the third or subsequent
conviction is a violation of paragraph (2) of subsection
(b) or subsection (b-3).
(4) For one year upon a first conviction of paragraph
(3) of subsection (b) or subsection (b-5) of Section 6-507
of this Code.
(5) For 3 years upon a second conviction of paragraph
(3) of subsection (b) or subsection (b-5) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (3) of subsection (b) or (b-5).
(6) For 5 years upon a third or subsequent conviction
of paragraph (3) of subsection (b) or subsection (b-5) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the third or subsequent
conviction is a violation of paragraph (3) of subsection
(b) or (b-5).
(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a

violation of a federal, State, or local law or regulation
pertaining to one of the following 6 offenses at a
railroad-highway grade crossing must be disqualified from
operating a commercial motor vehicle for the period of time
specified in paragraph (2) of this subsection (j) if the
offense was committed while operating a commercial motor
vehicle:
(i) For drivers who are not required to always
stop, failing to slow down and check that the tracks
are clear of an approaching train or railroad track
equipment, as described in subsection (a-5) of Section
11-1201 of this Code;
(ii) For drivers who are not required to always
stop, failing to stop before reaching the crossing, if
the tracks are not clear, as described in subsection
(a) of Section 11-1201 of this Code;
(iii) For drivers who are always required to stop,
failing to stop before driving onto the crossing, as
described in Section 11-1202 of this Code;
(iv) For all drivers, failing to have sufficient
space to drive completely through the crossing without
stopping, as described in subsection (b) of Section
11-1425 of this Code;
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing, as described in subdivision

(a)2 of Section 11-1201 of this Code;
(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage
clearance, as described in subsection (d-1) of Section
11-1201 of this Code.
(2) Duration of disqualification for railroad-highway
grade crossing violation.
(i) First violation. A driver must be disqualified
from operating a commercial motor vehicle for not less
than 60 days if the driver is convicted of a violation
described in paragraph (1) of this subsection (j) and,
in the three-year period preceding the conviction, the
driver had no convictions for a violation described in
paragraph (1) of this subsection (j).
(ii) Second violation. A driver must be
disqualified from operating a commercial motor vehicle
for not less than 120 days if the driver is convicted
of a violation described in paragraph (1) of this
subsection (j) and, in the three-year period preceding
the conviction, the driver had one other conviction for
a violation described in paragraph (1) of this
subsection (j) that was committed in a separate
incident.
(iii) Third or subsequent violation. A driver must
be disqualified from operating a commercial motor
vehicle for not less than one year if the driver is

convicted of a violation described in paragraph (1) of
this subsection (j) and, in the three-year period
preceding the conviction, the driver had 2 or more
other convictions for violations described in
paragraph (1) of this subsection (j) that were
committed in separate incidents.
(k) Upon notification of a disqualification of a driver's
commercial motor vehicle privileges imposed by the U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, in accordance with 49 C.F.R. 383.52, the
Secretary of State shall immediately record to the driving
record the notice of disqualification and confirm to the driver
the action that has been taken.
(Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10;
96-1080, eff. 7-16-10; 96-1244, eff. 1-1-11; revised 9-2-10.)
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles and automated traffic law violations.
(a) Any municipality or county may provide by ordinance for
a system of administrative adjudication of vehicular standing
and parking violations and vehicle compliance violations as
defined in this subsection and automated traffic law violations
as defined in Section 11-208.6 or 11-1201.1. The administrative
system shall have as its purpose the fair and efficient

enforcement of municipal or county regulations through the
administrative adjudication of automated traffic law
violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition
and use of vehicle equipment, and the display of municipal or
county wheel tax licenses within the municipality's or county's
borders. The administrative system shall only have authority to
adjudicate civil offenses carrying fines not in excess of $500
or requiring the completion of a traffic education program, or
both, that occur after the effective date of the ordinance
adopting such a system under this Section. For purposes of this
Section, "compliance violation" means a violation of a
municipal or county regulation governing the condition or use
of equipment on a vehicle or governing the display of a
municipal or county wheel tax license.
(b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
(1) A traffic compliance administrator authorized to
adopt, distribute and process parking, compliance, and
automated traffic law violation notices and other notices
required by this Section, collect money paid as fines and
penalties for violation of parking and compliance
ordinances and automated traffic law violations, and
operate an administrative adjudication system. The traffic
compliance administrator also may make a certified report
to the Secretary of State under Section 6-306.5.

(2) A parking, standing, compliance, or automated
traffic law violation notice that shall specify the date,
time, and place of violation of a parking, standing,
compliance, or automated traffic law regulation; the
particular regulation violated; any requirement to
complete a traffic education program; the fine and any
penalty that may be assessed for late payment or failure to
complete a required traffic education program, or both,
when so provided by ordinance; the vehicle make and state
registration number; and the identification number of the
person issuing the notice. With regard to automated traffic
law violations, vehicle make shall be specified on the
automated traffic law violation notice if the make is
available and readily discernible. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking
violation if the state registration number or vehicle make
specified is incorrect. The violation notice shall state
that the completion of any required traffic education
program, the payment of any indicated fine, and the payment
of any applicable penalty for late payment or failure to
complete a required traffic education program, or both,
shall operate as a final disposition of the violation. The
notice also shall contain information as to the
availability of a hearing in which the violation may be
contested on its merits. The violation notice shall specify

the time and manner in which a hearing may be had.
(3) Service of the parking, standing, or compliance
violation notice by affixing the original or a facsimile of
the notice to an unlawfully parked vehicle or by handing
the notice to the operator of a vehicle if he or she is
present and service of an automated traffic law violation
notice by mail to the address of the registered owner of
the cited vehicle as recorded with the Secretary of State
within 30 days after the Secretary of State notifies the
municipality or county of the identity of the owner of the
vehicle, but in no event later than 90 days after the
violation. A person authorized by ordinance to issue and
serve parking, standing, and compliance violation notices
shall certify as to the correctness of the facts entered on
the violation notice by signing his or her name to the
notice at the time of service or in the case of a notice
produced by a computerized device, by signing a single
certificate to be kept by the traffic compliance
administrator attesting to the correctness of all notices
produced by the device while it was under his or her
control. In the case of an automated traffic law violation,
the ordinance shall require a determination by a technician
employed or contracted by the municipality or county that,
based on inspection of recorded images, the motor vehicle
was being operated in violation of Section 11-208.6 or
11-1201.1 or a local ordinance. If the technician

determines that the vehicle entered the intersection as
part of a funeral procession or in order to yield the
right-of-way to an emergency vehicle, a citation shall not
be issued. In municipalities with a population of less than
1,000,000 inhabitants and counties with a population of
less than 3,000,000 inhabitants, the automated traffic law
ordinance shall require that all determinations by a
technician that a motor vehicle was being operated in
violation of Section 11-208.6 or 11-1201.1 or a local
ordinance must be reviewed and approved by a law
enforcement officer or retired law enforcement officer of
the municipality or county issuing the violation. In
municipalities with a population of 1,000,000 or more
inhabitants and counties with a population of 3,000,000 or
more inhabitants, the automated traffic law ordinance
shall require that all determinations by a technician that
a motor vehicle was being operated in violation of Section
11-208.6 or 11-1201.1 or a local ordinance must be reviewed
and approved by a law enforcement officer or retired law
enforcement officer of the municipality or county issuing
the violation or by an additional fully-trained reviewing
technician who is not employed by the contractor who
employs the technician who made the initial determination.
As used in this paragraph, "fully-trained reviewing
technician" means a person who has received at least 40
hours of supervised training in subjects which shall

include image inspection and interpretation, the elements
necessary to prove a violation, license plate
identification, and traffic safety and management. In all
municipalities and counties, the automated traffic law
ordinance shall require that no additional fee shall be
charged to the alleged violator for exercising his or her
right to an administrative hearing, and persons shall be
given at least 25 days following an administrative hearing
to pay any civil penalty imposed by a finding that Section
11-208.6 or 11-1201.1 or a similar local ordinance has been
violated. The original or a facsimile of the violation
notice or, in the case of a notice produced by a
computerized device, a printed record generated by the
device showing the facts entered on the notice, shall be
retained by the traffic compliance administrator, and
shall be a record kept in the ordinary course of business.
A parking, standing, compliance, or automated traffic law
violation notice issued, signed and served in accordance
with this Section, a copy of the notice, or the computer
generated record shall be prima facie correct and shall be
prima facie evidence of the correctness of the facts shown
on the notice. The notice, copy, or computer generated
record shall be admissible in any subsequent
administrative or legal proceedings.
(4) An opportunity for a hearing for the registered
owner of the vehicle cited in the parking, standing,

compliance, or automated traffic law violation notice in
which the owner may contest the merits of the alleged
violation, and during which formal or technical rules of
evidence shall not apply; provided, however, that under
Section 11-1306 of this Code the lessee of a vehicle cited
in the violation notice likewise shall be provided an
opportunity for a hearing of the same kind afforded the
registered owner. The hearings shall be recorded, and the
person conducting the hearing on behalf of the traffic
compliance administrator shall be empowered to administer
oaths and to secure by subpoena both the attendance and
testimony of witnesses and the production of relevant books
and papers. Persons appearing at a hearing under this
Section may be represented by counsel at their expense. The
ordinance may also provide for internal administrative
review following the decision of the hearing officer.
(5) Service of additional notices, sent by first class
United States mail, postage prepaid, to the address of the
registered owner of the cited vehicle as recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database,
or, under Section 11-1306 of this Code, to the lessee of
the cited vehicle at the last address known to the lessor
of the cited vehicle at the time of lease or, if any notice
to that address is returned as undeliverable, to the last

known address recorded in a United States Post Office
approved database. The service shall be deemed complete as
of the date of deposit in the United States mail. The
notices shall be in the following sequence and shall
include but not be limited to the information specified
herein:
(i) A second notice of parking, standing, or
compliance violation. This notice shall specify the
date and location of the violation cited in the
parking, standing, or compliance violation notice, the
particular regulation violated, the vehicle make and
state registration number, any requirement to complete
a traffic education program, the fine and any penalty
that may be assessed for late payment or failure to
complete a traffic education program, or both, when so
provided by ordinance, the availability of a hearing in
which the violation may be contested on its merits, and
the time and manner in which the hearing may be had.
The notice of violation shall also state that failure
to complete a required traffic education program, to
pay the indicated fine and any applicable penalty, or
to appear at a hearing on the merits in the time and
manner specified, will result in a final determination
of violation liability for the cited violation in the
amount of the fine or penalty indicated, and that, upon
the occurrence of a final determination of violation

liability for the failure, and the exhaustion of, or
failure to exhaust, available administrative or
judicial procedures for review, any incomplete traffic
education program or any unpaid fine or penalty, or
both, will constitute a debt due and owing the
municipality or county.
(ii) A notice of final determination of parking,
standing, compliance, or automated traffic law
violation liability. This notice shall be sent
following a final determination of parking, standing,
compliance, or automated traffic law violation
liability and the conclusion of judicial review
procedures taken under this Section. The notice shall
state that the incomplete traffic education program or
the unpaid fine or penalty, or both, is a debt due and
owing the municipality or county. The notice shall
contain warnings that failure to complete any required
traffic education program or to pay any fine or penalty
due and owing the municipality or county, or both,
within the time specified may result in the
municipality's or county's filing of a petition in the
Circuit Court to have the incomplete traffic education
program or unpaid fine or penalty, or both, rendered a
judgment as provided by this Section, or may result in
suspension of the person's drivers license for failure
to complete a traffic education program or to pay fines

or penalties, or both, for 10 or more parking
violations under Section 6-306.5 or 5 or more automated
traffic law violations under Section 11-208.6.
(6) A notice of impending drivers license suspension.
This notice shall be sent to the person liable for failure
to complete a required traffic education program or to pay
any fine or penalty that remains due and owing, or both, on
10 or more parking violations or 5 or more unpaid automated
traffic law violations. The notice shall state that failure
to complete a required traffic education program or to pay
the fine or penalty owing, or both, within 45 days of the
notice's date will result in the municipality or county
notifying the Secretary of State that the person is
eligible for initiation of suspension proceedings under
Section 6-306.5 of this Code. The notice shall also state
that the person may obtain a photostatic copy of an
original ticket imposing a fine or penalty by sending a
self addressed, stamped envelope to the municipality or
county along with a request for the photostatic copy. The
notice of impending drivers license suspension shall be
sent by first class United States mail, postage prepaid, to
the address recorded with the Secretary of State or, if any
notice to that address is returned as undeliverable, to the
last known address recorded in a United States Post Office
approved database.
(7) Final determinations of violation liability. A

final determination of violation liability shall occur
following failure to complete the required traffic
education program or to pay the fine or penalty, or both,
after a hearing officer's determination of violation
liability and the exhaustion of or failure to exhaust any
administrative review procedures provided by ordinance.
Where a person fails to appear at a hearing to contest the
alleged violation in the time and manner specified in a
prior mailed notice, the hearing officer's determination
of violation liability shall become final: (A) upon denial
of a timely petition to set aside that determination, or
(B) upon expiration of the period for filing the petition
without a filing having been made.
(8) A petition to set aside a determination of parking,
standing, compliance, or automated traffic law violation
liability that may be filed by a person owing an unpaid
fine or penalty. A petition to set aside a determination of
liability may also be filed by a person required to
complete a traffic education program. The petition shall be
filed with and ruled upon by the traffic compliance
administrator in the manner and within the time specified
by ordinance. The grounds for the petition may be limited
to: (A) the person not having been the owner or lessee of
the cited vehicle on the date the violation notice was
issued, (B) the person having already completed the
required traffic education program or paid the fine or

penalty, or both, for the violation in question, and (C)
excusable failure to appear at or request a new date for a
hearing. With regard to municipalities or counties with a
population of 1 million or more, it shall be grounds for
dismissal of a parking violation if the state registration
number, or vehicle make if specified, is incorrect. After
the determination of parking, standing, compliance, or
automated traffic law violation liability has been set
aside upon a showing of just cause, the registered owner
shall be provided with a hearing on the merits for that
violation.
(9) Procedures for non-residents. Procedures by which
persons who are not residents of the municipality or county
may contest the merits of the alleged violation without
attending a hearing.
(10) A schedule of civil fines for violations of
vehicular standing, parking, compliance, or automated
traffic law regulations enacted by ordinance pursuant to
this Section, and a schedule of penalties for late payment
of the fines or failure to complete required traffic
education programs, provided, however, that the total
amount of the fine and penalty for any one violation shall
not exceed $250, except as provided in subsection (c) of
Section 11-1301.3 of this Code.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated in

this Section.
(c) Any municipality or county establishing vehicular
standing, parking, compliance, or automated traffic law
regulations under this Section may also provide by ordinance
for a program of vehicle immobilization for the purpose of
facilitating enforcement of those regulations. The program of
vehicle immobilization shall provide for immobilizing any
eligible vehicle upon the public way by presence of a restraint
in a manner to prevent operation of the vehicle. Any ordinance
establishing a program of vehicle immobilization under this
Section shall provide:
(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle has
accumulated the number of incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, or automated traffic law violation
liability, or both, as determined by ordinance.
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic
education programs or unpaid final determinations of
parking, standing, compliance, or automated traffic law
violation liability, or both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the

completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, or automated traffic law violations,
or both, for which final determinations have been issued.
An order issued after the hearing is a final administrative
decision within the meaning of Section 3-101 of the Code of
Civil Procedure.
(4) A post immobilization and post-towing notice
advising the registered owner of the vehicle of the right
to a hearing to challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,
standing, compliance, or automated traffic law violations and
final administrative decisions issued after hearings regarding
vehicle immobilization and impoundment made under this Section
shall be subject to the provisions of the Administrative Review
Law.
(e) Any fine, penalty, incomplete traffic education
program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Section and the
conclusion of any judicial review procedures shall be a debt
due and owing the municipality or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking, compliance,
or automated traffic law violation shall constitute a final

disposition of that violation.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, or automated traffic law
violation, the municipality or county may commence a proceeding
in the Circuit Court for purposes of obtaining a judgment on
the final determination of violation. Nothing in this Section
shall prevent a municipality or county from consolidating
multiple final determinations of parking, standing,
compliance, or automated traffic law violations against a
person in a proceeding. Upon commencement of the action, the
municipality or county shall file a certified copy or record of
the final determination of parking, standing, compliance, or
automated traffic law violation, which shall be accompanied by
a certification that recites facts sufficient to show that the
final determination of violation was issued in accordance with
this Section and the applicable municipal or county ordinance.
Service of the summons and a copy of the petition may be by any
method provided by Section 2-203 of the Code of Civil Procedure
or by certified mail, return receipt requested, provided that
the total amount of fines and penalties for final
determinations of parking, standing, compliance, or automated
traffic law violations does not exceed $2500. If the court is
satisfied that the final determination of parking, standing,
compliance, or automated traffic law violation was entered in
accordance with the requirements of this Section and the

applicable municipal or county ordinance, and that the
registered owner or the lessee, as the case may be, had an
opportunity for an administrative hearing and for judicial
review as provided in this Section, the court shall render
judgment in favor of the municipality or county and against the
registered owner or the lessee for the amount indicated in the
final determination of parking, standing, compliance, or
automated traffic law violation, plus costs. The judgment shall
have the same effect and may be enforced in the same manner as
other judgments for the recovery of money.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 95-331, eff. 8-21-07; 96-288, eff. 8-11-09;
96-478, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1016, eff.
1-1-11; 96-1386, eff. 7-29-10; revised 9-16-10.)
(625 ILCS 5/11-501.1)
(Text of Section before amendment by P.A. 96-1344)
Sec. 11-501.1. Suspension of drivers license; statutory

summary alcohol, other drug or drugs, or intoxicating compound
or compounds related suspension; implied consent.
(a) Any person who drives or is in actual physical control
of a motor vehicle upon the public highways of this State shall
be deemed to have given consent, subject to the provisions of
Section 11-501.2, to a chemical test or tests of blood, breath,
or urine for the purpose of determining the content of alcohol,
other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood if arrested, as
evidenced by the issuance of a Uniform Traffic Ticket, for any
offense as defined in Section 11-501 or a similar provision of
a local ordinance, or if arrested for violating Section 11-401.
The test or tests shall be administered at the direction of the
arresting officer. The law enforcement agency employing the
officer shall designate which of the aforesaid tests shall be
administered. A urine test may be administered even after a
blood or breath test or both has been administered. For
purposes of this Section, an Illinois law enforcement officer
of this State who is investigating the person for any offense
defined in Section 11-501 may travel into an adjoining state,
where the person has been transported for medical care, to
complete an investigation and to request that the person submit
to the test or tests set forth in this Section. The
requirements of this Section that the person be arrested are
inapplicable, but the officer shall issue the person a Uniform
Traffic Ticket for an offense as defined in Section 11-501 or a

similar provision of a local ordinance prior to requesting that
the person submit to the test or tests. The issuance of the
Uniform Traffic Ticket shall not constitute an arrest, but
shall be for the purpose of notifying the person that he or she
is subject to the provisions of this Section and of the
officer's belief of the existence of probable cause to arrest.
Upon returning to this State, the officer shall file the
Uniform Traffic Ticket with the Circuit Clerk of the county
where the offense was committed, and shall seek the issuance of
an arrest warrant or a summons for the person.
(b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or tests
may be administered, subject to the provisions of Section
11-501.2.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test will result in
the statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Section 6-208.1 of this
Code, and will also result in the disqualification of the
person's privilege to operate a commercial motor vehicle, as
provided in Section 6-514 of this Code, if the person is a CDL
holder. The person shall also be warned by the law enforcement
officer that if the person submits to the test or tests

provided in paragraph (a) of this Section and the alcohol
concentration in the person's blood or breath is 0.08 or
greater, or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of cannabis as
covered by the Cannabis Control Act, a controlled substance
listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act is
detected in the person's blood or urine, a statutory summary
suspension of the person's privilege to operate a motor
vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
Code, and a disqualification of the person's privilege to
operate a commercial motor vehicle, as provided in Section
6-514 of this Code, if the person is a CDL holder, will be
imposed.
A person who is under the age of 21 at the time the person
is requested to submit to a test as provided above shall, in
addition to the warnings provided for in this Section, be
further warned by the law enforcement officer requesting the
test that if the person submits to the test or tests provided
in paragraph (a) of this Section and the alcohol concentration
in the person's blood or breath is greater than 0.00 and less
than 0.08, a suspension of the person's privilege to operate a
motor vehicle, as provided under Sections 6-208.2 and 11-501.8
of this Code, will be imposed. The results of this test shall

be admissible in a civil or criminal action or proceeding
arising from an arrest for an offense as defined in Section
11-501 of this Code or a similar provision of a local ordinance
or pursuant to Section 11-501.4 in prosecutions for reckless
homicide brought under the Criminal Code of 1961. These test
results, however, shall be admissible only in actions or
proceedings directly related to the incident upon which the
test request was made.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of 0.08 or more, or any
amount of a drug, substance, or intoxicating compound in the
person's breath, blood, or urine resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the circuit court of venue and the Secretary of State,
certifying that the test or tests was or were requested under
paragraph (a) and the person refused to submit to a test, or
tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more.
(e) Upon receipt of the sworn report of a law enforcement
officer submitted under paragraph (d), the Secretary of State
shall enter the statutory summary suspension and

disqualification for the periods specified in Sections 6-208.1
and 6-514, respectively, and effective as provided in paragraph
(g).
If the person is a first offender as defined in Section
11-500 of this Code, and is not convicted of a violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, then reports received by the Secretary of State
under this Section shall, except during the actual time the
Statutory Summary Suspension is in effect, be privileged
information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State, unless the
person is a CDL holder, is operating a commercial motor vehicle
or vehicle required to be placarded for hazardous materials, in
which case the suspension shall not be privileged. Reports
received by the Secretary of State under this Section shall
also be made available to the parent or guardian of a person
under the age of 18 years that holds an instruction permit or a
graduated driver's license, regardless of whether the
statutory summary suspension is in effect.
(f) The law enforcement officer submitting the sworn report
under paragraph (d) shall serve immediate notice of the
statutory summary suspension on the person and the suspension
and disqualification shall be effective as provided in
paragraph (g). In cases where the blood alcohol concentration
of 0.08 or greater or any amount of a drug, substance, or
compound resulting from the unlawful use or consumption of

cannabis as covered by the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act is
established by a subsequent analysis of blood or urine
collected at the time of arrest, the arresting officer or
arresting agency shall give notice as provided in this Section
or by deposit in the United States mail of the notice in an
envelope with postage prepaid and addressed to the person at
his address as shown on the Uniform Traffic Ticket and the
statutory summary suspension and disqualification shall begin
as provided in paragraph (g). The officer shall confiscate any
Illinois driver's license or permit on the person at the time
of arrest. If the person has a valid driver's license or
permit, the officer shall issue the person a receipt, in a form
prescribed by the Secretary of State, that will allow that
person to drive during the periods provided for in paragraph
(g). The officer shall immediately forward the driver's license
or permit to the circuit court of venue along with the sworn
report provided for in paragraph (d).
(g) The statutory summary suspension and disqualification
referred to in this Section shall take effect on the 46th day
following the date the notice of the statutory summary
suspension was given to the person.
(h) The following procedure shall apply whenever a person

is arrested for any offense as defined in Section 11-501 or a
similar provision of a local ordinance:
Upon receipt of the sworn report from the law enforcement
officer, the Secretary of State shall confirm the statutory
summary suspension by mailing a notice of the effective date of
the suspension to the person and the court of venue. The
Secretary of State shall also mail notice of the effective date
of the disqualification to the person. However, should the
sworn report be defective by not containing sufficient
information or be completed in error, the confirmation of the
statutory summary suspension shall not be mailed to the person
or entered to the record; instead, the sworn report shall be
forwarded to the court of venue with a copy returned to the
issuing agency identifying any defect.
(Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07;
95-876, eff. 8-21-08; 96-1080, eff. 7-16-10.)
(Text of Section after amendment by P.A. 96-1344)
Sec. 11-501.1. Suspension of drivers license; statutory
summary alcohol, other drug or drugs, or intoxicating compound
or compounds related suspension or revocation; implied
consent.
(a) Any person who drives or is in actual physical control
of a motor vehicle upon the public highways of this State shall
be deemed to have given consent, subject to the provisions of
Section 11-501.2, to a chemical test or tests of blood, breath,

or urine for the purpose of determining the content of alcohol,
other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood if arrested, as
evidenced by the issuance of a Uniform Traffic Ticket, for any
offense as defined in Section 11-501 or a similar provision of
a local ordinance, or if arrested for violating Section 11-401.
The test or tests shall be administered at the direction of the
arresting officer. The law enforcement agency employing the
officer shall designate which of the aforesaid tests shall be
administered. A urine test may be administered even after a
blood or breath test or both has been administered. For
purposes of this Section, an Illinois law enforcement officer
of this State who is investigating the person for any offense
defined in Section 11-501 may travel into an adjoining state,
where the person has been transported for medical care, to
complete an investigation and to request that the person submit
to the test or tests set forth in this Section. The
requirements of this Section that the person be arrested are
inapplicable, but the officer shall issue the person a Uniform
Traffic Ticket for an offense as defined in Section 11-501 or a
similar provision of a local ordinance prior to requesting that
the person submit to the test or tests. The issuance of the
Uniform Traffic Ticket shall not constitute an arrest, but
shall be for the purpose of notifying the person that he or she
is subject to the provisions of this Section and of the
officer's belief of the existence of probable cause to arrest.

Upon returning to this State, the officer shall file the
Uniform Traffic Ticket with the Circuit Clerk of the county
where the offense was committed, and shall seek the issuance of
an arrest warrant or a summons for the person.
(b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or tests
may be administered, subject to the provisions of Section
11-501.2.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test will result in
the statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Section 6-208.1 of this
Code, and will also result in the disqualification of the
person's privilege to operate a commercial motor vehicle, as
provided in Section 6-514 of this Code, if the person is a CDL
holder. The person shall also be warned that a refusal to
submit to the test, when the person was involved in a motor
vehicle accident that caused personal injury or death to
another, will result in the statutory summary revocation of the
person's privilege to operate a motor vehicle, as provided in
Section 6-208.1, and will also result in the disqualification
of the person's privilege to operate a commercial motor
vehicle, as provided in Section 6-514 of this Code, if the

person is a CDL holder. The person shall also be warned by the
law enforcement officer that if the person submits to the test
or tests provided in paragraph (a) of this Section and the
alcohol concentration in the person's blood or breath is 0.08
or greater, or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of cannabis as
covered by the Cannabis Control Act, a controlled substance
listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act is
detected in the person's blood or urine, a statutory summary
suspension of the person's privilege to operate a motor
vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
Code, and a disqualification of the person's privilege to
operate a commercial motor vehicle, as provided in Section
6-514 of this Code, if the person is a CDL holder, will be
imposed.
A person who is under the age of 21 at the time the person
is requested to submit to a test as provided above shall, in
addition to the warnings provided for in this Section, be
further warned by the law enforcement officer requesting the
test that if the person submits to the test or tests provided
in paragraph (a) of this Section and the alcohol concentration
in the person's blood or breath is greater than 0.00 and less
than 0.08, a suspension of the person's privilege to operate a

motor vehicle, as provided under Sections 6-208.2 and 11-501.8
of this Code, will be imposed. The results of this test shall
be admissible in a civil or criminal action or proceeding
arising from an arrest for an offense as defined in Section
11-501 of this Code or a similar provision of a local ordinance
or pursuant to Section 11-501.4 in prosecutions for reckless
homicide brought under the Criminal Code of 1961. These test
results, however, shall be admissible only in actions or
proceedings directly related to the incident upon which the
test request was made.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of 0.08 or more, or any
amount of a drug, substance, or intoxicating compound in the
person's breath, blood, or urine resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the circuit court of venue and the Secretary of State,
certifying that the test or tests was or were requested under
paragraph (a) and the person refused to submit to a test, or
tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more.
(e) Upon receipt of the sworn report of a law enforcement

officer submitted under paragraph (d), the Secretary of State
shall enter the statutory summary suspension or revocation and
disqualification for the periods specified in Sections 6-208.1
and 6-514, respectively, and effective as provided in paragraph
(g).
If the person is a first offender as defined in Section
11-500 of this Code, and is not convicted of a violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, then reports received by the Secretary of State
under this Section shall, except during the actual time the
Statutory Summary Suspension is in effect, be privileged
information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State, unless the
person is a CDL holder, is operating a commercial motor vehicle
or vehicle required to be placarded for hazardous materials, in
which case the suspension shall not be privileged. Reports
received by the Secretary of State under this Section shall
also be made available to the parent or guardian of a person
under the age of 18 years that holds an instruction permit or a
graduated driver's license, regardless of whether the
statutory summary suspension is in effect. A statutory summary
revocation shall not be privileged information.
(f) The law enforcement officer submitting the sworn report
under paragraph (d) shall serve immediate notice of the
statutory summary suspension or revocation on the person and
the suspension or revocation and disqualification shall be

effective as provided in paragraph (g). In cases where the
blood alcohol concentration of 0.08 or greater or any amount of
a drug, substance, or compound resulting from the unlawful use
or consumption of cannabis as covered by the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act is
established by a subsequent analysis of blood or urine
collected at the time of arrest, the arresting officer or
arresting agency shall give notice as provided in this Section
or by deposit in the United States mail of the notice in an
envelope with postage prepaid and addressed to the person at
his address as shown on the Uniform Traffic Ticket and the
statutory summary suspension and disqualification shall begin
as provided in paragraph (g). The officer shall confiscate any
Illinois driver's license or permit on the person at the time
of arrest. If the person has a valid driver's license or
permit, the officer shall issue the person a receipt, in a form
prescribed by the Secretary of State, that will allow that
person to drive during the periods provided for in paragraph
(g). The officer shall immediately forward the driver's license
or permit to the circuit court of venue along with the sworn
report provided for in paragraph (d).
(g) The statutory summary suspension or revocation and
disqualification referred to in this Section shall take effect

on the 46th day following the date the notice of the statutory
summary suspension or revocation was given to the person.
(h) The following procedure shall apply whenever a person
is arrested for any offense as defined in Section 11-501 or a
similar provision of a local ordinance:
Upon receipt of the sworn report from the law enforcement
officer, the Secretary of State shall confirm the statutory
summary suspension or revocation by mailing a notice of the
effective date of the suspension or revocation to the person
and the court of venue. The Secretary of State shall also mail
notice of the effective date of the disqualification to the
person. However, should the sworn report be defective by not
containing sufficient information or be completed in error, the
confirmation of the statutory summary suspension or revocation
shall not be mailed to the person or entered to the record;
instead, the sworn report shall be forwarded to the court of
venue with a copy returned to the issuing agency identifying
any defect.
(i) As used in this Section, "personal injury" includes any
Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or a medical
facility. A Type A injury includes severely bleeding wounds,
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07;

95-876, eff. 8-21-08; 96-1080, eff. 7-16-10; 96-1344, eff.
7-1-11; revised 9-2-10.)
(625 ILCS 5/11-501.8)
(Text of Section before amendment by P.A. 96-1344)
Sec. 11-501.8. Suspension of driver's license; persons
under age 21.
(a) A person who is less than 21 years of age and who
drives or is in actual physical control of a motor vehicle upon
the public highways of this State shall be deemed to have given
consent to a chemical test or tests of blood, breath, or urine
for the purpose of determining the alcohol content of the
person's blood if arrested, as evidenced by the issuance of a
Uniform Traffic Ticket for any violation of the Illinois
Vehicle Code or a similar provision of a local ordinance, if a
police officer has probable cause to believe that the driver
has consumed any amount of an alcoholic beverage based upon
evidence of the driver's physical condition or other first hand
knowledge of the police officer. The test or tests shall be
administered at the direction of the arresting officer. The law
enforcement agency employing the officer shall designate which
of the aforesaid tests shall be administered. A urine test may
be administered even after a blood or breath test or both has
been administered.
(b) A person who is dead, unconscious, or who is otherwise
in a condition rendering that person incapable of refusal,

shall be deemed not to have withdrawn the consent provided by
paragraph (a) of this Section and the test or tests may be
administered subject to the following provisions:
(i) Chemical analysis of the person's blood, urine,
breath, or other bodily substance, to be considered valid
under the provisions of this Section, shall have been
performed according to standards promulgated by the
Department of State Police by an individual possessing a
valid permit issued by that Department for this purpose.
The Director of State Police is authorized to approve
satisfactory techniques or methods, to ascertain the
qualifications and competence of individuals to conduct
analyses, to issue permits that shall be subject to
termination or revocation at the direction of that
Department, and to certify the accuracy of breath testing
equipment. The Department of State Police shall prescribe
regulations as necessary.
(ii) When a person submits to a blood test at the
request of a law enforcement officer under the provisions
of this Section, only a physician authorized to practice
medicine, a registered nurse, or other qualified person
trained in venipuncture and acting under the direction of a
licensed physician may withdraw blood for the purpose of
determining the alcohol content therein. This limitation
does not apply to the taking of breath or urine specimens.
(iii) The person tested may have a physician, qualified

technician, chemist, registered nurse, or other qualified
person of his or her own choosing administer a chemical
test or tests in addition to any test or tests administered
at the direction of a law enforcement officer. The failure
or inability to obtain an additional test by a person shall
not preclude the consideration of the previously performed
chemical test.
(iv) Upon a request of the person who submits to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or that person's
attorney.
(v) Alcohol concentration means either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(vi) If a driver is receiving medical treatment as a
result of a motor vehicle accident, a physician licensed to
practice medicine, registered nurse, or other qualified
person trained in venipuncture and acting under the
direction of a licensed physician shall withdraw blood for
testing purposes to ascertain the presence of alcohol upon
the specific request of a law enforcement officer. However,
that testing shall not be performed until, in the opinion
of the medical personnel on scene, the withdrawal can be
made without interfering with or endangering the
well-being of the patient.

(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test, or submission to
the test resulting in an alcohol concentration of more than
0.00, may result in the loss of that person's privilege to
operate a motor vehicle and may result in the disqualification
of the person's privilege to operate a commercial motor
vehicle, as provided in Section 6-514 of this Code, if the
person is a CDL holder. The loss of driving privileges shall be
imposed in accordance with Section 6-208.2 of this Code.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of more than 0.00, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary of
State, certifying that the test or tests were requested under
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of more than 0.00. The law enforcement officer
shall submit the same sworn report when a person under the age
of 21 submits to testing under Section 11-501.1 of this Code
and the testing discloses an alcohol concentration of more than
0.00 and less than 0.08.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the suspension and
disqualification on the individual's driving record and the
suspension and disqualification shall be effective on the 46th

day following the date notice of the suspension was given to
the person. If this suspension is the individual's first
driver's license suspension under this Section, reports
received by the Secretary of State under this Section shall,
except during the time the suspension is in effect, be
privileged information and for use only by the courts, police
officers, prosecuting authorities, the Secretary of State, or
the individual personally, unless the person is a CDL holder,
is operating a commercial motor vehicle or vehicle required to
be placarded for hazardous materials, in which case the
suspension shall not be privileged. Reports received by the
Secretary of State under this Section shall also be made
available to the parent or guardian of a person under the age
of 18 years that holds an instruction permit or a graduated
driver's license, regardless of whether the suspension is in
effect.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and the suspension and disqualification shall be effective on
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than
0.00 is established by a subsequent analysis of blood or urine,
the police officer or arresting agency shall give notice as
provided in this Section or by deposit in the United States
mail of that notice in an envelope with postage prepaid and
addressed to that person at his last known address and the loss

of driving privileges shall be effective on the 46th day
following the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
suspension and disqualification to the driver by mailing a
notice of the effective date of the suspension and
disqualification to the individual. However, should the sworn
report be defective by not containing sufficient information or
be completed in error, the notice of the suspension and
disqualification shall not be mailed to the person or entered
to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency.
(e) A driver may contest this suspension and
disqualification by requesting an administrative hearing with
the Secretary of State in accordance with Section 2-118 of this
Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or she
consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is
shown to be more than 0.00 shall not be subject to this Section
if the individual's blood alcohol concentration resulted only
from ingestion of the prescribed or recommended dosage of
medicine that contained alcohol. The petition for that hearing
shall not stay or delay the effective date of the impending
suspension. The scope of this hearing shall be limited to the
issues of:

(1) whether the police officer had probable cause to
believe that the person was driving or in actual physical
control of a motor vehicle upon the public highways of the
State and the police officer had reason to believe that the
person was in violation of any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance;
and
(2) whether the person was issued a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or a
similar provision of a local ordinance; and
(3) whether the police officer had probable cause to
believe that the driver had consumed any amount of an
alcoholic beverage based upon the driver's physical
actions or other first-hand knowledge of the police
officer; and
(4) whether the person, after being advised by the
officer that the privilege to operate a motor vehicle would
be suspended if the person refused to submit to and
complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's
alcohol concentration; and
(5) whether the person, after being advised by the
officer that the privileges to operate a motor vehicle
would be suspended if the person submits to a chemical test
or tests and the test or tests disclose an alcohol
concentration of more than 0.00, did submit to and complete

the test or tests that determined an alcohol concentration
of more than 0.00; and
(6) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol in the performance of a religious service or
ceremony; and
(7) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol through ingestion of the prescribed or
recommended dosage of medicine.
At the conclusion of the hearing held under Section 2-118
of this Code, the Secretary of State may rescind, continue, or
modify the suspension and disqualification. If the Secretary of
State does not rescind the suspension and disqualification, a
restricted driving permit may be granted by the Secretary of
State upon application being made and good cause shown. A
restricted driving permit may be granted to relieve undue
hardship by allowing driving for employment, educational, and
medical purposes as outlined in item (3) of part (c) of Section
6-206 of this Code. The provisions of item (3) of part (c) of
Section 6-206 of this Code and of subsection (f) of that
Section shall apply. The Secretary of State shall promulgate
rules providing for participation in an alcohol education and
awareness program or activity, a drug education and awareness
program or activity, or both as a condition to the issuance of
a restricted driving permit for suspensions imposed under this

Section.
(f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that the
results of the testing may be considered at a hearing held
under Section 2-118 of this Code. However, the results of the
testing may not be used to impose driver's license sanctions
under Section 11-501.1 of this Code. A law enforcement officer
may, however, pursue a statutory summary suspension of driving
privileges under Section 11-501.1 of this Code if other
physical evidence or first hand knowledge forms the basis of
that suspension.
(g) This Section applies only to drivers who are under age
21 at the time of the issuance of a Uniform Traffic Ticket for
a violation of the Illinois Vehicle Code or a similar provision
of a local ordinance, and a chemical test request is made under
this Section.
(h) The action of the Secretary of State in suspending,
revoking, cancelling, or disqualifying any license or permit
shall be subject to judicial review in the Circuit Court of
Sangamon County or in the Circuit Court of Cook County, and the
provisions of the Administrative Review Law and its rules are
hereby adopted and shall apply to and govern every action for
the judicial review of final acts or decisions of the Secretary
of State under this Section.
(Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07;

95-627, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1080, eff.
7-16-10.)
(Text of Section after amendment by P.A. 96-1344)
Sec. 11-501.8. Suspension of driver's license; persons
under age 21.
(a) A person who is less than 21 years of age and who
drives or is in actual physical control of a motor vehicle upon
the public highways of this State shall be deemed to have given
consent to a chemical test or tests of blood, breath, or urine
for the purpose of determining the alcohol content of the
person's blood if arrested, as evidenced by the issuance of a
Uniform Traffic Ticket for any violation of the Illinois
Vehicle Code or a similar provision of a local ordinance, if a
police officer has probable cause to believe that the driver
has consumed any amount of an alcoholic beverage based upon
evidence of the driver's physical condition or other first hand
knowledge of the police officer. The test or tests shall be
administered at the direction of the arresting officer. The law
enforcement agency employing the officer shall designate which
of the aforesaid tests shall be administered. A urine test may
be administered even after a blood or breath test or both has
been administered.
(b) A person who is dead, unconscious, or who is otherwise
in a condition rendering that person incapable of refusal,
shall be deemed not to have withdrawn the consent provided by

paragraph (a) of this Section and the test or tests may be
administered subject to the following provisions:
(i) Chemical analysis of the person's blood, urine,
breath, or other bodily substance, to be considered valid
under the provisions of this Section, shall have been
performed according to standards promulgated by the
Department of State Police by an individual possessing a
valid permit issued by that Department for this purpose.
The Director of State Police is authorized to approve
satisfactory techniques or methods, to ascertain the
qualifications and competence of individuals to conduct
analyses, to issue permits that shall be subject to
termination or revocation at the direction of that
Department, and to certify the accuracy of breath testing
equipment. The Department of State Police shall prescribe
regulations as necessary.
(ii) When a person submits to a blood test at the
request of a law enforcement officer under the provisions
of this Section, only a physician authorized to practice
medicine, a registered nurse, or other qualified person
trained in venipuncture and acting under the direction of a
licensed physician may withdraw blood for the purpose of
determining the alcohol content therein. This limitation
does not apply to the taking of breath or urine specimens.
(iii) The person tested may have a physician, qualified
technician, chemist, registered nurse, or other qualified

person of his or her own choosing administer a chemical
test or tests in addition to any test or tests administered
at the direction of a law enforcement officer. The failure
or inability to obtain an additional test by a person shall
not preclude the consideration of the previously performed
chemical test.
(iv) Upon a request of the person who submits to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or that person's
attorney.
(v) Alcohol concentration means either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(vi) If a driver is receiving medical treatment as a
result of a motor vehicle accident, a physician licensed to
practice medicine, registered nurse, or other qualified
person trained in venipuncture and acting under the
direction of a licensed physician shall withdraw blood for
testing purposes to ascertain the presence of alcohol upon
the specific request of a law enforcement officer. However,
that testing shall not be performed until, in the opinion
of the medical personnel on scene, the withdrawal can be
made without interfering with or endangering the
well-being of the patient.
(c) A person requested to submit to a test as provided

above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test, or submission to
the test resulting in an alcohol concentration of more than
0.00, may result in the loss of that person's privilege to
operate a motor vehicle and may result in the disqualification
of the person's privilege to operate a commercial motor
vehicle, as provided in Section 6-514 of this Code, if the
person is a CDL holder. The loss of driving privileges shall be
imposed in accordance with Section 6-208.2 of this Code.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of more than 0.00, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary of
State, certifying that the test or tests were requested under
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of more than 0.00. The law enforcement officer
shall submit the same sworn report when a person under the age
of 21 submits to testing under Section 11-501.1 of this Code
and the testing discloses an alcohol concentration of more than
0.00 and less than 0.08.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the suspension and
disqualification on the individual's driving record and the
suspension and disqualification shall be effective on the 46th
day following the date notice of the suspension was given to

the person. If this suspension is the individual's first
driver's license suspension under this Section, reports
received by the Secretary of State under this Section shall,
except during the time the suspension is in effect, be
privileged information and for use only by the courts, police
officers, prosecuting authorities, the Secretary of State, or
the individual personally, unless the person is a CDL holder,
is operating a commercial motor vehicle or vehicle required to
be placarded for hazardous materials, in which case the
suspension shall not be privileged. Reports received by the
Secretary of State under this Section shall also be made
available to the parent or guardian of a person under the age
of 18 years that holds an instruction permit or a graduated
driver's license, regardless of whether the suspension is in
effect.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and the suspension and disqualification shall be effective on
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than
0.00 is established by a subsequent analysis of blood or urine,
the police officer or arresting agency shall give notice as
provided in this Section or by deposit in the United States
mail of that notice in an envelope with postage prepaid and
addressed to that person at his last known address and the loss
of driving privileges shall be effective on the 46th day

following the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
suspension and disqualification to the driver by mailing a
notice of the effective date of the suspension and
disqualification to the individual. However, should the sworn
report be defective by not containing sufficient information or
be completed in error, the notice of the suspension and
disqualification shall not be mailed to the person or entered
to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency.
(e) A driver may contest this suspension and
disqualification by requesting an administrative hearing with
the Secretary of State in accordance with Section 2-118 of this
Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or she
consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is
shown to be more than 0.00 shall not be subject to this Section
if the individual's blood alcohol concentration resulted only
from ingestion of the prescribed or recommended dosage of
medicine that contained alcohol. The petition for that hearing
shall not stay or delay the effective date of the impending
suspension. The scope of this hearing shall be limited to the
issues of:
(1) whether the police officer had probable cause to

believe that the person was driving or in actual physical
control of a motor vehicle upon the public highways of the
State and the police officer had reason to believe that the
person was in violation of any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance;
and
(2) whether the person was issued a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or a
similar provision of a local ordinance; and
(3) whether the police officer had probable cause to
believe that the driver had consumed any amount of an
alcoholic beverage based upon the driver's physical
actions or other first-hand knowledge of the police
officer; and
(4) whether the person, after being advised by the
officer that the privilege to operate a motor vehicle would
be suspended if the person refused to submit to and
complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's
alcohol concentration; and
(5) whether the person, after being advised by the
officer that the privileges to operate a motor vehicle
would be suspended if the person submits to a chemical test
or tests and the test or tests disclose an alcohol
concentration of more than 0.00, did submit to and complete
the test or tests that determined an alcohol concentration

of more than 0.00; and
(6) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol in the performance of a religious service or
ceremony; and
(7) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol through ingestion of the prescribed or
recommended dosage of medicine.
At the conclusion of the hearing held under Section 2-118
of this Code, the Secretary of State may rescind, continue, or
modify the suspension and disqualification. If the Secretary of
State does not rescind the suspension and disqualification, a
restricted driving permit may be granted by the Secretary of
State upon application being made and good cause shown. A
restricted driving permit may be granted to relieve undue
hardship by allowing driving for employment, educational, and
medical purposes as outlined in item (3) of part (c) of Section
6-206 of this Code. The provisions of item (3) of part (c) of
Section 6-206 of this Code and of subsection (f) of that
Section shall apply. The Secretary of State shall promulgate
rules providing for participation in an alcohol education and
awareness program or activity, a drug education and awareness
program or activity, or both as a condition to the issuance of
a restricted driving permit for suspensions imposed under this
Section.

(f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that the
results of the testing may be considered at a hearing held
under Section 2-118 of this Code. However, the results of the
testing may not be used to impose driver's license sanctions
under Section 11-501.1 of this Code. A law enforcement officer
may, however, pursue a statutory summary suspension or
revocation of driving privileges under Section 11-501.1 of this
Code if other physical evidence or first hand knowledge forms
the basis of that suspension or revocation.
(g) This Section applies only to drivers who are under age
21 at the time of the issuance of a Uniform Traffic Ticket for
a violation of the Illinois Vehicle Code or a similar provision
of a local ordinance, and a chemical test request is made under
this Section.
(h) The action of the Secretary of State in suspending,
revoking, cancelling, or disqualifying any license or permit
shall be subject to judicial review in the Circuit Court of
Sangamon County or in the Circuit Court of Cook County, and the
provisions of the Administrative Review Law and its rules are
hereby adopted and shall apply to and govern every action for
the judicial review of final acts or decisions of the Secretary
of State under this Section.
(Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07;
95-627, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1080, eff.

7-16-10; 96-1344, eff. 7-1-11; revised 9-2-10.)
(625 ILCS 5/11-1301.8)
Sec. 11-1301.8. Obstruction of parking places for persons
with disabilities.
(a) No property owner shall allow any unreasonable
obstruction of a designated aisle or parking place specifically
reserved for persons with disabilities after 24 hours following
the conclusion of an adverse weather event.
(b) No property owner shall allow the accumulation of
debris or large objects, such as trash containers, to
unreasonably obstruct any designated aisle or parking place
specifically reserved for persons with disabilities without
providing suitable and equivalent alternative parking spaces
on-site.
(c) This Section shall apply to both public and private
property where any designated aisle or parking place is
specifically reserved for persons with disabilities, by the
posting of an official sign as designated under Section 11-301
of this Code.
(d) A person who violates this Section shall be guilty of a
petty offense and pay a fine of not more than $250.
(Source: P.A. 96-1125, eff. 1-1-11; revised 9-16-10.)
(625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
Sec. 12-603.1. Driver and passenger required to use safety

belts, exceptions and penalty.
(a) Each driver and front seat passenger of a motor vehicle
operated on a street or highway in this State shall wear a
properly adjusted and fastened seat safety belt; except that, a
child less than 8 years of age shall be protected as required
pursuant to the Child Passenger Protection Act. Each driver
under the age of 18 years and each of the driver's passengers
under the age of 19 years of a motor vehicle operated on a
street or highway in this State shall wear a properly adjusted
and fastened seat safety belt. Every passenger under the age of
19 in a vehicle being driven by a person over the age of 18 who
committed an offense against traffic regulations governing the
movement of vehicles or any violation of this Section or
Section 6-107 of this Code within 6 months prior to the
driver's 18th birthday and was subsequently convicted of the
violation, shall wear a properly adjusted and fastened seat
safety belt, until such time as a period of 6 consecutive
months has elapsed without the driver receiving an additional
violation and subsequent conviction of an offense against
traffic regulations governing the movement of vehicles or any
violation of this Section or Section 6-107 of this Code. Each
driver of a motor vehicle transporting a child 8 years of age
or more, but less than 16 years of age, shall secure the child
in a properly adjusted and fastened seat safety belt as
required under the Child Passenger Protection Act. Each driver
of a motor vehicle transporting a passenger who is unable, due

to infirmity, illness, or age, to properly adjust and fasten a
seat safety belt and is not exempted from wearing a seat safety
belt under subsection (b) shall secure the passenger in a
properly adjusted and fastened seat safety belt as required
under this Section.
(b) Paragraph (a) shall not apply to any of the following:
1. A driver or passenger frequently stopping and
leaving the vehicle or delivering property from the
vehicle, if the speed of the vehicle between stops does not
exceed 15 miles per hour.
2. A driver or passenger possessing a written statement
from a physician that such person is unable, for medical or
physical reasons, to wear a seat safety belt.
3. A driver or passenger possessing an official
certificate or license endorsement issued by the
appropriate agency in another state or country indicating
that the driver is unable for medical, physical, or other
valid reasons to wear a seat safety belt.
4. A driver operating a motor vehicle in reverse.
5. A motor vehicle with a model year prior to 1965.
6. A motorcycle or motor driven cycle.
7. A moped.
8. A motor vehicle which is not required to be equipped
with seat safety belts under federal law.
9. A motor vehicle operated by a rural letter carrier
of the United States postal service while performing duties

as a rural letter carrier.
(c) Failure to wear a seat safety belt in violation of this
Section shall not be considered evidence of negligence, shall
not limit the liability of an insurer, and shall not diminish
any recovery for damages arising out of the ownership,
maintenance, or operation of a motor vehicle.
(d) A violation of this Section shall be a petty offense
and subject to a fine not to exceed $25.
(e) (Blank).
(f) A law enforcement officer may not search or inspect a
motor vehicle, its contents, the driver, or a passenger solely
because of a violation of this Section.
(Source: P.A. 95-310, eff. 1-1-08; 95-331, eff. 8-21-07;
96-554, eff. 1-1-10; 96-991, eff. 1-1-11; revised 7-22-10.)
Section 530. The Child Passenger Protection Act is amended
by changing Section 4b as follows:
(625 ILCS 25/4b)
Sec. 4b. Children 8 years of age or older but under the age
of 19; seat belts. Every person under the age of 18 years, when
transporting a child 8 years of age or older but under the age
of 19 years, as provided in Section 4 of this Act, shall be
responsible for securing that child in a properly adjusted and
fastened seat safety belt or an appropriate child restraint
system. This Section shall also apply to each driver over the

age of 18 years who committed an offense against traffic
regulations governing the movement of vehicles or any violation
of Section 6-107 or Section 12-603.1 of the Illinois Vehicle
this Code in the 6 months prior to the driver's 18th birthday
and was subsequently convicted of the violation, until such
time as a period of 6 consecutive months has elapsed without an
additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or any violation of Section 6-107 or Section 12-603.1 of the
Illinois Vehicle this Code.
(Source: P.A. 95-310, eff. 1-1-08; 96-607, eff. 8-24-09;
revised 9-16-10.)
Section 535. The Snowmobile Registration and Safety Act is
amended by changing Section 3-1 as follows:
(625 ILCS 40/3-1) (from Ch. 95 1/2, par. 603-1)
(Text of Section before amendment by P.A. 96-1291)
Sec. 3-1. Operation of Unnumbered Snowmobiles. Except as
hereinafter provided, no person shall, after the effective date
of this Act, operate any snowmobile within this State unless
such snowmobile has been registered and numbered in accordance
with the provisions of this Article, and unless (1) the
certificate of number awarded to such snowmobile is in full
force and effect.
(Source: P.A. 81-702; revised 9-16-10.)

(Text of Section after amendment by P.A. 96-1291)
Sec. 3-1. Operation of Unnumbered Snowmobiles.
(a) Except as hereinafter provided, no person who is a
resident of this State shall, after the effective date of this
Act, operate any snowmobile within this State unless such
snowmobile has been registered and numbered in accordance with
the provisions of this Article, and unless (1) the certificate
of number awarded to such snowmobile is in full force and
effect. A person who is not a resident of this State and who
operates a snowmobile within this State may register that
snowmobile in this State, but in the event that he or she does
not, and he or she is not otherwise exempt under subsection (c)
of Section 3-12 of this Article, he or she must obtain and
display a trail use sticker in accordance with Section 3-12 of
this Article.
(b) A person convicted of violating this Section is guilty
of a petty offense.
(Source: P.A. 96-1291, eff. 4-1-11; revised 9-16-10.)
Section 540. The Clerks of Courts Act is amended by
changing Section 27.5 as follows:
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
Sec. 27.5. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other

amount paid by a person to the circuit clerk that equals an
amount less than $55, except restitution under Section 5-5-6 of
the Unified Code of Corrections, reimbursement for the costs of
an emergency response as provided under Section 11-501 of the
Illinois Vehicle Code, any fees collected for attending a
traffic safety program under paragraph (c) of Supreme Court
Rule 529, any fee collected on behalf of a State's Attorney
under Section 4-2002 of the Counties Code or a sheriff under
Section 4-5001 of the Counties Code, or any cost imposed under
Section 124A-5 of the Code of Criminal Procedure of 1963, for
convictions, orders of supervision, or any other disposition
for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, and except as otherwise
provided in this Section, shall be disbursed within 60 days
after receipt by the circuit clerk as follows: 47% shall be
disbursed to the entity authorized by law to receive the fine
imposed in the case; 12% shall be disbursed to the State
Treasurer; and 41% shall be disbursed to the county's general
corporate fund. Of the 12% disbursed to the State Treasurer,
1/6 shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 1/2 shall be deposited into the
Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
be deposited into the Drivers Education Fund. For fiscal years
1992 and 1993, amounts deposited into the Violent Crime Victims

Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, Section 16-104c of the Illinois Vehicle
Code, and subsection (a) of Section 5-1101 of the Counties
Code, unless those amounts are specifically waived by the
judge. With respect to money collected by the circuit clerk as
a result of forfeiture of bail, ex parte judgment or guilty
plea pursuant to Supreme Court Rule 529, the circuit clerk
shall first deduct and pay amounts required by Sections 27.3a
and 27.3c of this Act. Unless a court ordered payment schedule
is implemented or fee requirements are waived pursuant to a

court order, the circuit clerk may add to any unpaid fees and
costs a delinquency amount equal to 5% of the unpaid fees that
remain unpaid after 30 days, 10% of the unpaid fees that remain
unpaid after 60 days, and 15% of the unpaid fees that remain
unpaid after 90 days. Notice to those parties may be made by
signage posting or publication. The additional delinquency
amounts collected under this Section shall be deposited in the
Circuit Court Clerk Operation and Administrative Fund to be
used to defray administrative costs incurred by the circuit
clerk in performing the duties required to collect and disburse
funds. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 of the Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care

for Animals Act and Section 26-5 of the Criminal Code of
1961.
(c) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(d) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $35, to be disbursed as provided in Section
16-104d of that Code.
This subsection (d) becomes inoperative 7 years after the
effective date of Public Act 95-154.
(e) In all counties having a population of 3,000,000 or
more inhabitants:
(1) A person who is found guilty of or pleads guilty to

violating subsection (a) of Section 11-501 of the Illinois
Vehicle Code, including any person placed on court
supervision for violating subsection (a), shall be fined
$750 as provided for by subsection (f) of Section 11-501.01
of the Illinois Vehicle Code, payable to the circuit clerk,
who shall distribute the money pursuant to subsection (f)
of Section 11-501.01 of the Illinois Vehicle Code.
(2) When a crime laboratory DUI analysis fee of $150,
provided for by Section 5-9-1.9 of the Unified Code of
Corrections is assessed, it shall be disbursed by the
circuit clerk as provided by subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections.
(3) When a fine for a violation of subsection (a) of
Section 11-605 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (f) of Section 11-605 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (f) of Section 11-605.
(4) When a fine for a violation of subsection (a) of
Section 11-1002.5 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (c) of Section 11-1002.5 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (c) of Section 11-1002.5 of the

Illinois Vehicle Code.
(5) When a mandatory drug court fee of up to $5 is
assessed as provided in subsection (f) of Section 5-1101 of
the Counties Code, it shall be disbursed by the circuit
clerk as provided in subsection (f) of Section 5-1101 of
the Counties Code.
(6) When a mandatory teen court, peer jury, youth
court, or other youth diversion program fee is assessed as
provided in subsection (e) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (e) of Section 5-1101 of the
Counties Code.
(7) When a Children's Advocacy Center fee is assessed
pursuant to subsection (f-5) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (f-5) of Section 5-1101 of the
Counties Code.
(8) When a victim impact panel fee is assessed pursuant
to subsection (b) of Section 11-501.01 of the Illinois
Vehicle Code, it shall be disbursed by the circuit clerk to
the victim impact panel to be attended by the defendant.
(9) When a new fee collected in traffic cases is
enacted after January 1, 2010 (the effective date of Public
Act 96-735), it shall be excluded from the percentage
disbursement provisions of this Section unless otherwise
indicated by law.

(f) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code shall, in addition to any other fines, fees, and
court costs, pay an additional fee of $50, which shall be
collected by the circuit clerk and then remitted to the State
Treasurer for deposit into the Roadside Memorial Fund, a
special fund in the State treasury. However, the court may
waive the fee if full restitution is complied with. Subject to
appropriation, all moneys in the Roadside Memorial Fund shall
be used by the Department of Transportation to pay fees imposed
under subsection (f) of Section 20 of the Roadside Memorial
Act. The fee shall be remitted by the circuit clerk within one
month after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(g) For any conviction or disposition of court supervision
for a violation of Section 11-1429 of the Illinois Vehicle
Code, the circuit clerk shall distribute the fines paid by the
person as specified by subsection (h) of Section 11-1429 of the
Illinois Vehicle Code.
(Source: P.A. 95-154, eff. 10-13-07; 95-428, eff. 8-24-07;
95-876, eff. 8-21-08; 96-286, eff. 8-11-09; 96-576, eff.
8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735,
eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1175, eff. 9-20-10;
96-1342, eff. 1-1-11; revised 9-16-10.)
Section 545. The Juvenile Court Act of 1987 is amended by

changing Section 3-7 and by renumbering Sections 7A-120 and
7A-125 as follows:
(705 ILCS 405/3-7) (from Ch. 37, par. 803-7)
Sec. 3-7. Taking into temporary custody.
(1) A law enforcement officer may, without a warrant, take
into temporary custody a minor (a) whom the officer with
reasonable cause believes to be a minor requiring authoritative
intervention; (b) who has been adjudged a ward of the court and
has escaped from any commitment ordered by the court under this
Act; or (c) who is found in any street or public place
suffering from any sickness or injury which requires care,
medical treatment or hospitalization; or (d) whom the officer
with reasonable cause believes to be a minor in need of
supervision under Section 3-40.
(2) Whenever a petition has been filed under Section 3-15
and the court finds that the conduct and behavior of the minor
may endanger the health, person, welfare, or property of
himself or others or that the circumstances of his home
environment may endanger his health, person, welfare or
property, a warrant may be issued immediately to take the minor
into custody.
(3) The taking of a minor into temporary custody under this
Section is not an arrest nor does it constitute a police
record.
(4) No minor taken into temporary custody shall be placed

in a jail, municipal lockup, detention center, or secure
correctional facility.
(Source: P.A. 96-1087, eff. 1-1-11; revised 9-16-10.)
(705 ILCS 405/5-7A-120)
Sec. 5-7A-120 7A-120. Escape; failure to comply with a
condition of the juvenile electronic home monitoring detention
program. A minor charged with or adjudicated delinquent for an
act that, if committed by an adult, would constitute a felony
or misdemeanor, conditionally released from the supervising
authority through a juvenile electronic home monitoring
detention program, who knowingly violates a condition of the
juvenile electronic home monitoring detention program shall be
adjudicated a delinquent minor for such act and shall be
subject to an additional sentencing order under Section 5-710.
(Source: P.A. 96-293, eff. 1-1-10; revised 2-22-10.)
(705 ILCS 405/5-7A-125)
Sec. 5-7A-125 7A-125. Consent of the participant. Before
entering an order for commitment for juvenile electronic home
detention, the supervising authority shall inform the
participant and other persons residing in the home of the
nature and extent of the approved electronic monitoring devices
by doing the following:
(A) Securing the written consent of the participant in
the program to comply with the rules and regulations of the

program as stipulated in paragraphs (A) through (I) of
Section 5-7A-115.
(B) Where possible, securing the written consent of
other persons residing in the home of the participant,
including the parent or legal guardian of the minor and of
the person in whose name the telephone is registered, at
the time of the order or commitment for electronic home
detention is entered and acknowledge the nature and extent
of approved electronic monitoring devices.
(C) Ensure that the approved electronic devices are
minimally intrusive upon the privacy of the participant and
other persons residing in the home while remaining in
compliance with paragraphs (B) through (D) of Section
5-7A-115.
(Source: P.A. 96-293, eff. 1-1-10; revised 2-22-10.)
Section 550. The Criminal Code of 1961 is amended by
renumbering Section 9-3-1.5 and by changing Sections 11-9.1,
11-19.3, 12-2, 14-3, 16G-15, 31A-1.2, and 36-1 as follows:
(720 ILCS 5/9-3.5)
Sec. 9-3.5 9-3-1.5. Concealment of death.
(a) For purposes of this Section, "conceal" means the
performing of some act or acts for the purpose of preventing or
delaying the discovery of a death. "Conceal" means something
more than simply withholding knowledge or failing to disclose

information.
(b) A person commits the offense of concealment of death
when he or she knowingly conceals the death of any other person
who died by other than homicidal means.
(c) A person commits the offense of concealment of death
when he or she knowingly moves the body of a dead person from
its place of death, with the intent of concealing information
regarding the place or manner of death of that person, or the
identity of any person with information regarding the death of
that person. This subsection shall not apply to any movement of
the body of a dead person by medical personnel, fire fighters,
law enforcement officers, coroners, medical examiners, or
licensed funeral directors, or by any person acting at the
direction of medical personnel, fire fighters, law enforcement
officers, coroners, medical examiners, or licensed funeral
directors.
(d) Sentence. Concealment of death is a Class 4 felony.
(Source: P.A. 96-1361, eff. 1-1-11; revised 8-30-10.)
(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
Sec. 11-9.1. Sexual exploitation of a child.
(a) Any person commits sexual exploitation of a child if in
the presence or virtual presence, or both, of a child and with
intent or knowledge that a child or one whom he or she believes
to be a child would view his or her acts, that person:
(1) engages in a sexual act; or

(2) exposes his or her sex organs, anus or breast for
the purpose of sexual arousal or gratification of such
person or the child or one whom he or she believes to be a
child.
(a-5) A person commits sexual exploitation of a child who
knowingly entices, coerces, or persuades a child to remove the
child's clothing for the purpose of sexual arousal or
gratification of the person or the child, or both.
(b) Definitions. As used in this Section:
"Sexual act" means masturbation, sexual conduct or sexual
penetration as defined in Section 12-12 of this Code.
"Sex offense" means any violation of Article 11 of this
Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
12-16, or 12-16.2 of this Code.
"Child" means a person under 17 years of age.
"Virtual presence" means an environment that is created
with software and presented to the user and or receiver via the
Internet, in such a way that the user appears in front of the
receiver on the computer monitor or screen or hand held
portable electronic device, usually through a web camming
program. "Virtual presence" includes primarily experiencing
through sight or sound, or both, a video image that can be
explored interactively at a personal computer or hand held
communication device, or both.
"Webcam" means a video capturing device connected to a
computer or computer network that is designed to take digital

photographs or live or recorded video which allows for the live
transmission to an end user over the Internet.
(c) Sentence.
(1) Sexual exploitation of a child is a Class A
misdemeanor. A second or subsequent violation of this
Section or a substantially similar law of another state is
a Class 4 felony.
(2) Sexual exploitation of a child is a Class 4 felony
if the person has been previously convicted of a sex
offense.
(3) Sexual exploitation of a child is a Class 4 felony
if the victim was under 13 years of age at the time of the
commission of the offense.
(4) Sexual exploitation of a child is a Class 4 felony
if committed by a person 18 years of age or older who is on
or within 500 feet of elementary or secondary school
grounds when children are present on the grounds.
(Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11;
revised 9-16-10.)
(720 ILCS 5/11-19.3)
Sec. 11-19.3. Vehicle impoundment.
(a) In addition to any other penalty provided by law, a
peace officer who arrests a person for a violation of Section
10-9, 11-14 10-14, 11-14.1, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, or 11-19.2 of this

Code, may tow and impound any vehicle used by the person in the
commission of the offense. The person arrested for one or more
such violations shall be charged a $1,000 fee, to be paid to
the unit of government that made the arrest. The person may
recover the vehicle from the impound after a minimum of 2 hours
after arrest upon payment of the fee.
(b) $500 of the fee shall be distributed to the unit of
government whose peace officers made the arrest, for the costs
incurred by the unit of government to tow and impound the
vehicle. Upon the defendant's conviction of one or more of the
offenses in connection with which the vehicle was impounded and
the fee imposed under this Section, the remaining $500 of the
fee shall be deposited into the Violent Crime Victims
Assistance Fund and shall be used by the Department of Human
Services to make grants to non-governmental organizations to
provide services for persons encountered during the course of
an investigation into any violation of Section 10-9, 11-14,
11-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11-18.1, 11-19, 11-19.1, or 11-19.2 of this Code, provided such
persons constitute prostituted persons or other victims of
human trafficking.
(c) Upon the presentation by the defendant of a signed
court order showing that the defendant has been acquitted of
all of the offenses in connection with which a vehicle was
impounded and a fee imposed under this Section, or that the
charges against the defendant for those offenses have been

dismissed, the unit of government shall refund the $1,000 fee
to the defendant.
(Source: P.A. 96-1464, eff. 8-20-10; revised 11-4-10.)
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) A person commits an aggravated assault, when, in
committing an assault, he:
(1) Uses a deadly weapon, an air rifle as defined in
the Air Rifle Act, or any device manufactured and designed
to be substantially similar in appearance to a firearm,
other than by discharging a firearm in the direction of
another person, a peace officer, a person summoned or
directed by a peace officer, a correctional officer, a
private security officer, or a fireman or in the direction
of a vehicle occupied by another person, a peace officer, a
person summoned or directed by a peace officer, a
correctional officer, a private security officer, or a
fireman while the officer or fireman is engaged in the
execution of any of his official duties, or to prevent the
officer or fireman from performing his official duties, or
in retaliation for the officer or fireman performing his
official duties;
(2) Is hooded, robed or masked in such manner as to
conceal his identity or any device manufactured and
designed to be substantially similar in appearance to a

firearm;
(3) Knows the individual assaulted to be a teacher or
other person employed in any school and such teacher or
other employee is upon the grounds of a school or grounds
adjacent thereto, or is in any part of a building used for
school purposes;
(4) Knows the individual assaulted to be a supervisor,
director, instructor or other person employed in any park
district and such supervisor, director, instructor or
other employee is upon the grounds of the park or grounds
adjacent thereto, or is in any part of a building used for
park purposes;
(5) Knows the individual assaulted to be a caseworker,
investigator, or other person employed by the Department of
Healthcare and Family Services (formerly State Department
of Public Aid), a County Department of Public Aid, or the
Department of Human Services (acting as successor to the
Illinois Department of Public Aid under the Department of
Human Services Act) and such caseworker, investigator, or
other person is upon the grounds of a public aid office or
grounds adjacent thereto, or is in any part of a building
used for public aid purposes, or upon the grounds of a home
of a public aid applicant, recipient or any other person
being interviewed or investigated in the employee's
discharge of his duties, or on grounds adjacent thereto, or
is in any part of a building in which the applicant,

recipient, or other such person resides or is located;
(6) Knows the individual assaulted to be a peace
officer, a community policing volunteer, a private
security officer, or a fireman while the officer or fireman
is engaged in the execution of any of his official duties,
or to prevent the officer, community policing volunteer, or
fireman from performing his official duties, or in
retaliation for the officer, community policing volunteer,
or fireman performing his official duties, and the assault
is committed other than by the discharge of a firearm in
the direction of the officer or fireman or in the direction
of a vehicle occupied by the officer or fireman;
(7) Knows the individual assaulted to be an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver or other medical assistance or
first aid personnel engaged in the execution of any of his
official duties, or to prevent the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel from performing his official duties, or in
retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid personnel

performing his official duties;
(8) Knows the individual assaulted to be the driver,
operator, employee or passenger of any transportation
facility or system engaged in the business of
transportation of the public for hire and the individual
assaulted is then performing in such capacity or then using
such public transportation as a passenger or using any area
of any description designated by the transportation
facility or system as a vehicle boarding, departure, or
transfer location;
(9) Or the individual assaulted is on or about a public
way, public property, or public place of accommodation or
amusement;
(9.5) Is, or the individual assaulted is, in or about a
publicly or privately owned sports or entertainment arena,
stadium, community or convention hall, special event
center, amusement facility, or a special event center in a
public park during any 24-hour period when a professional
sporting event, National Collegiate Athletic Association
(NCAA)-sanctioned sporting event, United States Olympic
Committee-sanctioned sporting event, or International
Olympic Committee-sanctioned sporting event is taking
place in this venue;
(10) Knows the individual assaulted to be an employee
of the State of Illinois, a municipal corporation therein
or a political subdivision thereof, engaged in the

performance of his authorized duties as such employee;
(11) Knowingly and without legal justification,
commits an assault on a physically handicapped person;
(12) Knowingly and without legal justification,
commits an assault on a person 60 years of age or older;
(13) Discharges a firearm, other than from a motor
vehicle;
(13.5) Discharges a firearm from a motor vehicle;
(14) Knows the individual assaulted to be a
correctional officer, while the officer is engaged in the
execution of any of his or her official duties, or to
prevent the officer from performing his or her official
duties, or in retaliation for the officer performing his or
her official duties;
(14.5) Knows the individual assaulted to be a probation
officer, as defined in the Probation and Probation Officers
Act, while the officer is engaged in the execution of any
of his or her official duties, or to prevent the officer
from performing his or her official duties, or in
retaliation for the officer performing his or her official
duties;
(15) Knows the individual assaulted to be a
correctional employee or an employee or officer of the
Department of Human Services supervising or controlling
sexually dangerous persons or sexually violent persons, or
an employee of a subcontractor of the Department of Human

Services supervising or controlling sexually dangerous
persons or sexually violent persons, while the employee or
officer is engaged in the execution of any of his or her
official duties, or to prevent the employee or officer from
performing his or her official duties, or in retaliation
for the employee or officer performing his or her official
duties, and the assault is committed other than by the
discharge of a firearm in the direction of the employee or
officer or in the direction of a vehicle occupied by the
employee or officer;
(16) Knows the individual assaulted to be an employee
of a police or sheriff's department, or a person who is
employed by a municipality and whose duties include traffic
control, engaged in the performance of his or her official
duties as such employee;
(17) Knows the individual assaulted to be a sports
official or coach at any level of competition and the act
causing the assault to the sports official or coach
occurred within an athletic facility or an indoor or
outdoor playing field or within the immediate vicinity of
the athletic facility or an indoor or outdoor playing field
at which the sports official or coach was an active
participant in the athletic contest held at the athletic
facility. For the purposes of this paragraph (17), "sports
official" means a person at an athletic contest who
enforces the rules of the contest, such as an umpire or

referee; and "coach" means a person recognized as a coach
by the sanctioning authority that conducted the athletic
contest;
(18) Knows the individual assaulted to be an emergency
management worker, while the emergency management worker
is engaged in the execution of any of his or her official
duties, or to prevent the emergency management worker from
performing his or her official duties, or in retaliation
for the emergency management worker performing his or her
official duties, and the assault is committed other than by
the discharge of a firearm in the direction of the
emergency management worker or in the direction of a
vehicle occupied by the emergency management worker; or
(19) Knows the individual assaulted to be a utility
worker, while the utility worker is engaged in the
execution of his or her duties, or to prevent the utility
worker from performing his or her duties, or in retaliation
for the utility worker performing his or her duties. In
this paragraph (19), "utility worker" means a person
employed by a public utility as defined in Section 3-105 of
the Public Utilities Act and also includes an employee of a
municipally owned utility, an employee of a cable
television company, an employee of an electric cooperative
as defined in Section 3-119 of the Public Utilities Act, an
independent contractor or an employee of an independent
contractor working on behalf of a cable television company,

public utility, municipally owned utility, or an electric
cooperative, or an employee of a telecommunications
carrier as defined in Section 13-202 of the Public
Utilities Act, an independent contractor or an employee of
an independent contractor working on behalf of a
telecommunications carrier, or an employee of a telephone
or telecommunications cooperative as defined in Section
13-212 of the Public Utilities Act, or an independent
contractor or an employee of an independent contractor
working on behalf of a telephone or telecommunications
cooperative.
(a-5) A person commits an aggravated assault when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes near or in the immediate vicinity
of any person.
(a-10) A person commits an aggravated assault when he or
she knowingly and without justification operates a motor
vehicle in a manner which places a person in reasonable
apprehension of being struck by a moving vehicle.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through (5)
and (8) through (12) and (17) and (19) of subsection (a) of
this Section is a Class A misdemeanor. Aggravated assault as
defined in paragraphs (13), (14), (14.5), and (15) of

subsection (a) of this Section and as defined in subsection
(a-5) or (a-10) of this Section is a Class 4 felony. Aggravated
assault as defined in paragraphs (6) and (16) of subsection (a)
of this Section is a Class A misdemeanor if a Category I,
Category II, or Category III weapon is not used in the
commission of the assault. Aggravated assault as defined in
paragraphs (6) and (16) of subsection (a) of this Section is a
Class 4 felony if a Category I, Category II, or Category III
weapon is used in the commission of the assault. Aggravated
assault as defined in paragraphs (7) and (18) of subsection (a)
of this Section is a Class A misdemeanor if a firearm is not
used in the commission of the assault. Aggravated assault as
defined in paragraphs (7) and (18) of subsection (a) of this
Section is a Class 4 felony if a firearm is used in the
commission of the assault. Aggravated assault as defined in
subsection (a-10) where the victim was a person defined in
paragraph (6) or paragraph (13.5) of subsection (a) is a Class
3 felony. For the purposes of this subsection (b), "Category I
weapon", "Category II weapon", and "Category III weapon" have
the meanings ascribed to those terms in subsection (c) of
Section 33A-1 of this Code.
(c) For the purposes of paragraphs (1) and (6) of
subsection (a), "private security officer" means a registered
employee of a private security contractor agency under the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.

(Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07;
95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff.
9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; 96-1000,
eff. 7-2-10; 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10;
revised 9-16-10.)
(720 ILCS 5/14-3)
Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article:
(a) Listening to radio, wireless and television
communications of any sort where the same are publicly made;
(b) Hearing conversation when heard by employees of any
common carrier by wire incidental to the normal course of their
employment in the operation, maintenance or repair of the
equipment of such common carrier by wire so long as no
information obtained thereby is used or divulged by the hearer;
(c) Any broadcast by radio, television or otherwise whether
it be a broadcast or recorded for the purpose of later
broadcasts of any function where the public is in attendance
and the conversations are overheard incidental to the main
purpose for which such broadcasts are then being made;
(d) Recording or listening with the aid of any device to
any emergency communication made in the normal course of
operations by any federal, state or local law enforcement
agency or institutions dealing in emergency services,
including, but not limited to, hospitals, clinics, ambulance

services, fire fighting agencies, any public utility,
emergency repair facility, civilian defense establishment or
military installation;
(e) Recording the proceedings of any meeting required to be
open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must be
destroyed, erased or turned over to local law enforcement
authorities within 24 hours from the time of such recording and
shall not be otherwise disseminated. Failure on the part of the
individual or business operating any such recording or
listening device to comply with the requirements of this
subsection shall eliminate any civil or criminal immunity
conferred upon that individual or business by the operation of
this Section;
(g) With prior notification to the State's Attorney of the
county in which it is to occur, recording or listening with the
aid of any device to any conversation where a law enforcement
officer, or any person acting at the direction of law
enforcement, is a party to the conversation and has consented
to it being intercepted or recorded under circumstances where
the use of the device is necessary for the protection of the
law enforcement officer or any person acting at the direction
of law enforcement, in the course of an investigation of a

forcible felony, a felony offense of involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons for forced labor or services under Section 10-9 of this
Code, an offense involving prostitution, solicitation of a
sexual act, or pandering, a felony violation of the Illinois
Controlled Substances Act, a felony violation of the Cannabis
Control Act, a felony violation of the Methamphetamine Control
and Community Protection Act, any "streetgang related" or
"gang-related" felony as those terms are defined in the
Illinois Streetgang Terrorism Omnibus Prevention Act, or any
felony offense involving any weapon listed in paragraphs (1)
through (11) of subsection (a) of Section 24-1 of this Code.
Any recording or evidence derived as the result of this
exemption shall be inadmissible in any proceeding, criminal,
civil or administrative, except (i) where a party to the
conversation suffers great bodily injury or is killed during
such conversation, or (ii) when used as direct impeachment of a
witness concerning matters contained in the interception or
recording. The Director of the Department of State Police shall
issue regulations as are necessary concerning the use of
devices, retention of tape recordings, and reports regarding
their use;
(g-5) With approval of the State's Attorney of the county
in which it is to occur, recording or listening with the aid of
any device to any conversation where a law enforcement officer,
or any person acting at the direction of law enforcement, is a

party to the conversation and has consented to it being
intercepted or recorded in the course of an investigation of
any offense defined in Article 29D of this Code. In all such
cases, an application for an order approving the previous or
continuing use of an eavesdropping device must be made within
48 hours of the commencement of such use. In the absence of
such an order, or upon its denial, any continuing use shall
immediately terminate. The Director of State Police shall issue
rules as are necessary concerning the use of devices, retention
of tape recordings, and reports regarding their use.
Any recording or evidence obtained or derived in the course
of an investigation of any offense defined in Article 29D of
this Code shall, upon motion of the State's Attorney or
Attorney General prosecuting any violation of Article 29D, be
reviewed in camera with notice to all parties present by the
court presiding over the criminal case, and, if ruled by the
court to be relevant and otherwise admissible, it shall be
admissible at the trial of the criminal case.
This subsection (g-5) is inoperative on and after January
1, 2005. No conversations recorded or monitored pursuant to
this subsection (g-5) shall be inadmissible in a court of law
by virtue of the repeal of this subsection (g-5) on January 1,
2005;
(g-6) With approval of the State's Attorney of the county
in which it is to occur, recording or listening with the aid of
any device to any conversation where a law enforcement officer,

or any person acting at the direction of law enforcement, is a
party to the conversation and has consented to it being
intercepted or recorded in the course of an investigation of
involuntary servitude, involuntary sexual servitude of a
minor, trafficking in persons for forced labor or services,
child pornography, aggravated child pornography, indecent
solicitation of a child, child abduction, luring of a minor,
sexual exploitation of a child, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse in which
the victim of the offense was at the time of the commission of
the offense under 18 years of age, criminal sexual abuse by
force or threat of force in which the victim of the offense was
at the time of the commission of the offense under 18 years of
age, or aggravated criminal sexual assault in which the victim
of the offense was at the time of the commission of the offense
under 18 years of age. In all such cases, an application for an
order approving the previous or continuing use of an
eavesdropping device must be made within 48 hours of the
commencement of such use. In the absence of such an order, or
upon its denial, any continuing use shall immediately
terminate. The Director of State Police shall issue rules as
are necessary concerning the use of devices, retention of
recordings, and reports regarding their use. Any recording or
evidence obtained or derived in the course of an investigation
of involuntary servitude, involuntary sexual servitude of a
minor, trafficking in persons for forced labor or services,

child pornography, aggravated child pornography, indecent
solicitation of a child, child abduction, luring of a minor,
sexual exploitation of a child, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse in which
the victim of the offense was at the time of the commission of
the offense under 18 years of age, criminal sexual abuse by
force or threat of force in which the victim of the offense was
at the time of the commission of the offense under 18 years of
age, or aggravated criminal sexual assault in which the victim
of the offense was at the time of the commission of the offense
under 18 years of age shall, upon motion of the State's
Attorney or Attorney General prosecuting any case involving
involuntary servitude, involuntary sexual servitude of a
minor, trafficking in persons for forced labor or services,
child pornography, aggravated child pornography, indecent
solicitation of a child, child abduction, luring of a minor,
sexual exploitation of a child, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse in which
the victim of the offense was at the time of the commission of
the offense under 18 years of age, criminal sexual abuse by
force or threat of force in which the victim of the offense was
at the time of the commission of the offense under 18 years of
age, or aggravated criminal sexual assault in which the victim
of the offense was at the time of the commission of the offense
under 18 years of age, be reviewed in camera with notice to all
parties present by the court presiding over the criminal case,

and, if ruled by the court to be relevant and otherwise
admissible, it shall be admissible at the trial of the criminal
case. Absent such a ruling, any such recording or evidence
shall not be admissible at the trial of the criminal case;
(h) Recordings made simultaneously with the use of an
in-car video camera recording of an oral conversation between a
uniformed peace officer, who has identified his or her office,
and a person in the presence of the peace officer whenever (i)
an officer assigned a patrol vehicle is conducting an
enforcement stop; or (ii) patrol vehicle emergency lights are
activated or would otherwise be activated if not for the need
to conceal the presence of law enforcement.
For the purposes of this subsection (h), "enforcement stop"
means an action by a law enforcement officer in relation to
enforcement and investigation duties, including but not
limited to, traffic stops, pedestrian stops, abandoned vehicle
contacts, motorist assists, commercial motor vehicle stops,
roadside safety checks, requests for identification, or
responses to requests for emergency assistance;
(h-5) Recordings of utterances made by a person while in
the presence of a uniformed peace officer and while an occupant
of a police vehicle including, but not limited to, (i)
recordings made simultaneously with the use of an in-car video
camera and (ii) recordings made in the presence of the peace
officer utilizing video or audio systems, or both, authorized
by the law enforcement agency;

(h-10) Recordings made simultaneously with a video camera
recording during the use of a taser or similar weapon or device
by a peace officer if the weapon or device is equipped with
such camera;
(h-15) Recordings made under subsection (h), (h-5), or
(h-10) shall be retained by the law enforcement agency that
employs the peace officer who made the recordings for a storage
period of 90 days, unless the recordings are made as a part of
an arrest or the recordings are deemed evidence in any
criminal, civil, or administrative proceeding and then the
recordings must only be destroyed upon a final disposition and
an order from the court. Under no circumstances shall any
recording be altered or erased prior to the expiration of the
designated storage period. Upon completion of the storage
period, the recording medium may be erased and reissued for
operational use;
(i) Recording of a conversation made by or at the request
of a person, not a law enforcement officer or agent of a law
enforcement officer, who is a party to the conversation, under
reasonable suspicion that another party to the conversation is
committing, is about to commit, or has committed a criminal
offense against the person or a member of his or her immediate
household, and there is reason to believe that evidence of the
criminal offense may be obtained by the recording;
(j) The use of a telephone monitoring device by either (1)
a corporation or other business entity engaged in marketing or

opinion research or (2) a corporation or other business entity
engaged in telephone solicitation, as defined in this
subsection, to record or listen to oral telephone solicitation
conversations or marketing or opinion research conversations
by an employee of the corporation or other business entity
when:
(i) the monitoring is used for the purpose of service
quality control of marketing or opinion research or
telephone solicitation, the education or training of
employees or contractors engaged in marketing or opinion
research or telephone solicitation, or internal research
related to marketing or opinion research or telephone
solicitation; and
(ii) the monitoring is used with the consent of at
least one person who is an active party to the marketing or
opinion research conversation or telephone solicitation
conversation being monitored.
No communication or conversation or any part, portion, or
aspect of the communication or conversation made, acquired, or
obtained, directly or indirectly, under this exemption (j), may
be, directly or indirectly, furnished to any law enforcement
officer, agency, or official for any purpose or used in any
inquiry or investigation, or used, directly or indirectly, in
any administrative, judicial, or other proceeding, or divulged
to any third party.
When recording or listening authorized by this subsection

(j) on telephone lines used for marketing or opinion research
or telephone solicitation purposes results in recording or
listening to a conversation that does not relate to marketing
or opinion research or telephone solicitation; the person
recording or listening shall, immediately upon determining
that the conversation does not relate to marketing or opinion
research or telephone solicitation, terminate the recording or
listening and destroy any such recording as soon as is
practicable.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j) shall
provide current and prospective employees with notice that the
monitoring or recordings may occur during the course of their
employment. The notice shall include prominent signage
notification within the workplace.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j) shall
provide their employees or agents with access to personal-only
telephone lines which may be pay telephones, that are not
subject to telephone monitoring or telephone recording.
For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;

(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration, or
collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer engaged by
a corporation or other business entity whose principal business
is the design, conduct, and analysis of polls and surveys
measuring the opinions, attitudes, and responses of
respondents toward products and services, or social or
political issues, or both;
(k) Electronic recordings, including but not limited to, a
motion picture, videotape, digital, or other visual or audio
recording, made of a custodial interrogation of an individual
at a police station or other place of detention by a law
enforcement officer under Section 5-401.5 of the Juvenile Court
Act of 1987 or Section 103-2.1 of the Code of Criminal
Procedure of 1963;
(l) Recording the interview or statement of any person when
the person knows that the interview is being conducted by a law
enforcement officer or prosecutor and the interview takes place
at a police station that is currently participating in the
Custodial Interview Pilot Program established under the
Illinois Criminal Justice Information Act;
(m) An electronic recording, including but not limited to,
a motion picture, videotape, digital, or other visual or audio

recording, made of the interior of a school bus while the
school bus is being used in the transportation of students to
and from school and school-sponsored activities, when the
school board has adopted a policy authorizing such recording,
notice of such recording policy is included in student
handbooks and other documents including the policies of the
school, notice of the policy regarding recording is provided to
parents of students, and notice of such recording is clearly
posted on the door of and inside the school bus.
Recordings made pursuant to this subsection (m) shall be
confidential records and may only be used by school officials
(or their designees) and law enforcement personnel for
investigations, school disciplinary actions and hearings,
proceedings under the Juvenile Court Act of 1987, and criminal
prosecutions, related to incidents occurring in or around the
school bus;
(n) Recording or listening to an audio transmission from a
microphone placed by a person under the authority of a law
enforcement agency inside a bait car surveillance vehicle while
simultaneously capturing a photographic or video image;
(o) The use of an eavesdropping camera or audio device
during an ongoing hostage or barricade situation by a law
enforcement officer or individual acting on behalf of a law
enforcement officer when the use of such device is necessary to
protect the safety of the general public, hostages, or law
enforcement officers or anyone acting on their behalf; and

(p) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as the "CPS Violence Prevention Hotline,", but only
where the notice of recording is given at the beginning of each
call as required by Section 34-21.8 of the School Code. The
recordings may be retained only by the Chicago Police
Department or other law enforcement authorities, and shall not
be otherwise retained or disseminated.
(Source: P.A. 95-258, eff. 1-1-08; 95-352, eff. 8-23-07;
95-463, eff. 6-1-08; 95-876, eff. 8-21-08; 96-425, eff.
8-13-09; 96-547, eff. 1-1-10; 96-643, eff. 1-1-10; 96-670, eff.
8-25-09; 96-1000, eff. 7-2-10; 96-1425, eff. 1-1-11; 96-1464,
eff. 8-20-10; revised 9-16-10.)
(720 ILCS 5/16G-15)
Sec. 16G-15. Identity theft.
(a) A person commits the offense of identity theft when he
or she knowingly:
(1) uses any personal identifying information or
personal identification document of another person to
fraudulently obtain credit, money, goods, services, or
other property; , or
(2) uses any personal identification information or
personal identification document of another with intent to
commit any felony theft or other felony violation of State
law not set forth in paragraph (1) of this subsection (a); ,

or
(3) obtains, records, possesses, sells, transfers,
purchases, or manufactures any personal identification
information or personal identification document of another
with intent to commit or to aid or abet another in
committing any felony theft or other felony violation of
State law; , or
(4) uses, obtains, records, possesses, sells,
transfers, purchases, or manufactures any personal
identification information or personal identification
document of another knowing that such personal
identification information or personal identification
documents were stolen or produced without lawful
authority; , or
(5) uses, transfers, or possesses document-making
implements to produce false identification or false
documents with knowledge that they will be used by the
person or another to commit any felony theft or other
felony violation of State law; , or
(6) uses any personal identification information or
personal identification document of another to portray
himself or herself as that person, or otherwise, for the
purpose of gaining access to any personal identification
information or personal identification document of that
person, without the prior express permission of that
person; , or

(7) uses any personal identification information or
personal identification document of another for the
purpose of gaining access to any record of the actions
taken, communications made or received, or other
activities or transactions of that person, without the
prior express permission of that person; , or
(8) in the course of applying for a building permit
with a unit of a local government, provides the license
number of a roofing contractor whom he or she does not
intend to have perform the work on the roofing portion of
the project; it . It is an affirmative defense to
prosecution under this paragraph (8) that the building
permit applicant promptly informed the unit of local
government that issued the building permit of any change in
the roofing contractor; or .
(9) (8) in the course of applying for a building permit
with a unit of local government, provides the license
number of a fire sprinkler contractor whom he or she does
not intend to have perform the work on the fire sprinkler
portion of the project; it . It is an affirmative defense to
prosecution under this paragraph (9) (8) that the building
permit applicant promptly informed the unit of local
government that issued the building permit of any change in
the fire sprinkler contractor.
(b) Knowledge shall be determined by an evaluation of all
circumstances surrounding the use of the other person's

identifying information or document.
(c) When a charge of identity theft of credit, money,
goods, services, or other property exceeding a specified value
is brought the value of the credit, money, goods, services, or
other property is an element of the offense to be resolved by
the trier of fact as either exceeding or not exceeding the
specified value.
(d) Sentence.
(1) A person convicted of identity theft in violation
of paragraph (1) of subsection (a) shall be sentenced as
follows:
(A) Identity theft of credit, money, goods,
services, or other property not exceeding $300 in value
is a Class 4 felony. A person who has been previously
convicted of identity theft of less than $300 who is
convicted of a second or subsequent offense of identity
theft of less than $300 is guilty of a Class 3 felony.
A person who has been convicted of identity theft of
less than $300 who has been previously convicted of any
type of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary tools,
home invasion, home repair fraud, aggravated home
repair fraud, or financial exploitation of an elderly
or disabled person is guilty of a Class 3 felony.
Identity theft of credit, money, goods, services, or
other property not exceeding $300 in value when the

victim of the identity theft is an active duty member
of the Armed Services or Reserve Forces of the United
States or of the Illinois National Guard serving in a
foreign country is a Class 3 felony. A person who has
been previously convicted of identity theft of less
than $300 who is convicted of a second or subsequent
offense of identity theft of less than $300 when the
victim of the identity theft is an active duty member
of the Armed Services or Reserve Forces of the United
States or of the Illinois National Guard serving in a
foreign country is guilty of a Class 2 felony. A person
who has been convicted of identity theft of less than
$300 when the victim of the identity theft is an active
duty member of the Armed Services or Reserve Forces of
the United States or of the Illinois National Guard
serving in a foreign country who has been previously
convicted of any type of theft, robbery, armed robbery,
burglary, residential burglary, possession of burglary
tools, home invasion, home repair fraud, aggravated
home repair fraud, or financial exploitation of an
elderly or disabled person is guilty of a Class 2
felony. When a person has any such prior conviction,
the information or indictment charging that person
shall state the prior conviction so as to give notice
of the State's intention to treat the charge as a Class
3 felony. The fact of the prior conviction is not an

element of the offense and may not be disclosed to the
jury during trial unless otherwise permitted by issues
properly raised during the trial.
(B) Identity theft of credit, money, goods,
services, or other property exceeding $300 and not
exceeding $2,000 in value is a Class 3 felony. Identity
theft of credit, money, goods, services, or other
property exceeding $300 and not exceeding $2,000 in
value when the victim of the identity theft is an
active duty member of the Armed Services or Reserve
Forces of the United States or of the Illinois National
Guard serving in a foreign country is a Class 2 felony.
(C) Identity theft of credit, money, goods,
services, or other property exceeding $2,000 and not
exceeding $10,000 in value is a Class 2 felony.
Identity theft of credit, money, goods, services, or
other property exceeding $2,000 and not exceeding
$10,000 in value when the victim of the identity theft
is an active duty member of the Armed Services or
Reserve Forces of the United States or of the Illinois
National Guard serving in a foreign country is a Class
1 felony.
(D) Identity theft of credit, money, goods,
services, or other property exceeding $10,000 and not
exceeding $100,000 in value is a Class 1 felony.
Identity theft of credit, money, goods, services, or

other property exceeding $10,000 and not exceeding
$100,000 in value when the victim of the identity theft
is an active duty member of the Armed Services or
Reserve Forces of the United States or of the Illinois
National Guard serving in a foreign country is a Class
X felony.
(E) Identity theft of credit, money, goods,
services, or other property exceeding $100,000 in
value is a Class X felony.
(2) A person convicted of any offense enumerated in
paragraphs (2) through (7) of subsection (a) is guilty of a
Class 3 felony. A person convicted of any offense
enumerated in paragraphs (2) through (7) of subsection (a)
when the victim of the identity theft is an active duty
member of the Armed Services or Reserve Forces of the
United States or of the Illinois National Guard serving in
a foreign country is guilty of a Class 2 felony.
(3) A person convicted of any offense enumerated in
paragraphs (2) through (5) of subsection (a) a second or
subsequent time is guilty of a Class 2 felony. A person
convicted of any offense enumerated in paragraphs (2)
through (5) of subsection (a) a second or subsequent time
when the victim of the identity theft is an active duty
member of the Armed Services or Reserve Forces of the
United States or of the Illinois National Guard serving in
a foreign country is guilty of a Class 1 felony.

(4) A person who, within a 12 month period, is found in
violation of any offense enumerated in paragraphs (2)
through (7) of subsection (a) with respect to the
identifiers of, or other information relating to, 3 or more
separate individuals, at the same time or consecutively, is
guilty of a Class 2 felony. A person who, within a 12 month
period, is found in violation of any offense enumerated in
paragraphs (2) through (7) of subsection (a) with respect
to the identifiers of, or other information relating to, 3
or more separate individuals, at the same time or
consecutively, when the victim of the identity theft is an
active duty member of the Armed Services or Reserve Forces
of the United States or of the Illinois National Guard
serving in a foreign country is guilty of a Class 1 felony.
(5) A person convicted of identity theft in violation
of paragraph (2) of subsection (a) who uses any personal
identification information or personal identification
document of another to purchase methamphetamine
manufacturing material as defined in Section 10 of the
Methamphetamine Control and Community Protection Act with
the intent to unlawfully manufacture methamphetamine is
guilty of a Class 2 felony for a first offense and a Class
1 felony for a second or subsequent offense. A person
convicted of identity theft in violation of paragraph (2)
of subsection (a) who uses any personal identification
information or personal identification document of another

to purchase methamphetamine manufacturing material as
defined in Section 10 of the Methamphetamine Control and
Community Protection Act with the intent to unlawfully
manufacture methamphetamine when the victim of the
identity theft is an active duty member of the Armed
Services or Reserve Forces of the United States or of the
Illinois National Guard serving in a foreign country is
guilty of a Class 1 felony for a first offense and a Class
X felony for a second or subsequent offense.
(6) A person convicted of identity theft in violation
of paragraph (8) or (9) of subsection (a) of this Section
is shall be guilty of a Class 4 felony.
(Source: P.A. 95-60, eff. 1-1-08; 95-331, eff. 8-21-07;
96-1324, eff. 7-27-10; 96-1455, eff. 8-20-10; revised
9-16-10.)
(720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
Sec. 31A-1.2. Unauthorized bringing of contraband into a
penal institution by an employee; unauthorized possessing of
contraband in a penal institution by an employee; unauthorized
delivery of contraband in a penal institution by an employee.
(a) A person commits the offense of unauthorized bringing
of contraband into a penal institution by an employee when a
person who is an employee knowingly and without authority of
any person designated or authorized to grant such authority:
(1) brings or attempts to bring an item of contraband

listed in subsection (d)(4) into a penal institution, or
(2) causes or permits another to bring an item of
contraband listed in subsection (d)(4) into a penal
institution.
(b) A person commits the offense of unauthorized possession
of contraband in a penal institution by an employee when a
person who is an employee knowingly and without authority of
any person designated or authorized to grant such authority
possesses contraband listed in subsection (d)(4) in a penal
institution, regardless of the intent with which he possesses
it.
(c) A person commits the offense of unauthorized delivery
of contraband in a penal institution by an employee when a
person who is an employee knowingly and without authority of
any person designated or authorized to grant such authority:
(1) delivers or possesses with intent to deliver an
item of contraband to any inmate of a penal institution, or
(2) conspires to deliver or solicits the delivery of an
item of contraband to any inmate of a penal institution, or
(3) causes or permits the delivery of an item of
contraband to any inmate of a penal institution, or
(4) permits another person to attempt to deliver an
item of contraband to any inmate of a penal institution.
(d) For purpose of this Section, the words and phrases
listed below shall be defined as follows:
(1) "Penal Institution" shall have the meaning

ascribed to it in subsection (c)(1) of Section 31A-1.1 of
this Code;
(2) "Employee" means any elected or appointed officer,
trustee or employee of a penal institution or of the
governing authority of the penal institution, or any person
who performs services for the penal institution pursuant to
contract with the penal institution or its governing
authority.
(3) "Deliver" or "delivery" means the actual,
constructive or attempted transfer of possession of an item
of contraband, with or without consideration, whether or
not there is an agency relationship;
(4) "Item of contraband" means any of the following:
(i) "Alcoholic liquor" as such term is defined in
Section 1-3.05 of the Liquor Control Act of 1934.
(ii) "Cannabis" as such term is defined in
subsection (a) of Section 3 of the Cannabis Control
Act.
(iii) "Controlled substance" as such term is
defined in the Illinois Controlled Substances Act.
(iii-a) "Methamphetamine" as such term is defined
in the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act.
(iv) "Hypodermic syringe" or hypodermic needle, or
any instrument adapted for use of controlled
substances or cannabis by subcutaneous injection.

(v) "Weapon" means any knife, dagger, dirk, billy,
razor, stiletto, broken bottle, or other piece of glass
which could be used as a dangerous weapon. Such term
includes any of the devices or implements designated in
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
of this Act, or any other dangerous weapon or
instrument of like character.
(vi) "Firearm" means any device, by whatever name
known, which is designed to expel a projectile or
projectiles by the action of an explosion, expansion of
gas or escape of gas, including but not limited to:
(A) any pneumatic gun, spring gun, or B-B gun
which expels a single globular projectile not
exceeding .18 inch in diameter; or
(B) any device used exclusively for signaling
or safety and required or recommended by the United
States Coast Guard or the Interstate Commerce
Commission; or
(C) any device used exclusively for the firing
of stud cartridges, explosive rivets or industrial
ammunition; or
(D) any device which is powered by electrical
charging units, such as batteries, and which fires
one or several barbs attached to a length of wire
and which, upon hitting a human, can send out
current capable of disrupting the person's nervous

system in such a manner as to render him incapable
of normal functioning, commonly referred to as a
stun gun or taser.
(vii) "Firearm ammunition" means any
self-contained cartridge or shotgun shell, by whatever
name known, which is designed to be used or adaptable
to use in a firearm, including but not limited to:
(A) any ammunition exclusively designed for
use with a device used exclusively for signaling or
safety and required or recommended by the United
States Coast Guard or the Interstate Commerce
Commission; or
(B) any ammunition designed exclusively for
use with a stud or rivet driver or other similar
industrial ammunition.
(viii) "Explosive" means, but is not limited to,
bomb, bombshell, grenade, bottle or other container
containing an explosive substance of over one-quarter
ounce for like purposes such as black powder bombs and
Molotov cocktails or artillery projectiles.
(ix) "Tool to defeat security mechanisms" means,
but is not limited to, handcuff or security restraint
key, tool designed to pick locks, popper, or any device
or instrument used to or capable of unlocking or
preventing from locking any handcuff or security
restraints, doors to cells, rooms, gates or other areas

of the penal institution.
(x) "Cutting tool" means, but is not limited to,
hacksaw blade, wirecutter, or device, instrument or
file capable of cutting through metal.
(xi) "Electronic contraband" means, but is not
limited to, any electronic, video recording device,
computer, or cellular communications equipment,
including, but not limited to, cellular telephones,
cellular telephone batteries, videotape recorders,
pagers, computers, and computer peripheral equipment.
For a violation of subsection (a) or (b) involving a
cellular telephone or cellular telephone battery, the
defendant must intend to provide the cellular telephone or
cellular telephone battery to any inmate in a penal
institution, or to use the cellular telephone or cellular
telephone battery at the direction of an inmate or for the
benefit of any inmate of a penal institution.
(e) A violation of paragraphs (a) or (b) of this Section
involving alcohol is a Class 4 felony. A violation of paragraph
(a) or (b) of this Section involving cannabis is a Class 2
felony. A violation of paragraph (a) or (b) involving any
amount of a controlled substance classified in Schedules III,
IV or V of Article II of the Illinois Controlled Substances Act
is a Class 1 felony. A violation of paragraph (a) or (b) of
this Section involving any amount of a controlled substance
classified in Schedules I or II of Article II of the Illinois

Controlled Substances Act is a Class X felony. A violation of
paragraph (a) or (b) involving an item of contraband listed in
paragraph (iv) of subsection (d)(4) is a Class X felony. A
violation of paragraph (a) or (b) involving an item of
contraband listed in paragraph (v), (ix), (x), or (xi) of
subsection (d)(4) is a Class 1 felony. A violation of paragraph
(a) or (b) involving an item of contraband listed in paragraphs
(vi), (vii) or (viii) of subsection (d)(4) is a Class X felony.
(f) A violation of paragraph (c) of this Section involving
alcoholic liquor is a Class 3 felony. A violation of paragraph
(c) involving cannabis is a Class 1 felony. A violation of
paragraph (c) involving any amount of a controlled substance
classified in Schedules III, IV or V of Article II of the
Illinois Controlled Substances Act is a Class X felony. A
violation of paragraph (c) involving any amount of a controlled
substance classified in Schedules I or II of Article II of the
Illinois Controlled Substances Act is a Class X felony for
which the minimum term of imprisonment shall be 8 years. A
violation of paragraph (c) involving an item of contraband
listed in paragraph (iv) of subsection (d)(4) is a Class X
felony for which the minimum term of imprisonment shall be 8
years. A violation of paragraph (c) involving an item of
contraband listed in paragraph (v), (ix), (x), or (xi) of
subsection (d)(4) is a Class X felony for which the minimum
term of imprisonment shall be 10 years. A violation of
paragraph (c) involving an item of contraband listed in

paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
Class X felony for which the minimum term of imprisonment shall
be 12 years.
(g) Items confiscated may be retained for use by the
Department of Corrections or disposed of as deemed appropriate
by the Chief Administrative Officer in accordance with
Department rules or disposed of as required by law.
(h) For a violation of subsection (a) or (b) involving
items described in clause (i), (v), (vi), (vii), (ix), (x), or
(xi) of paragraph (4) of subsection (d), such items shall not
be considered to be in a penal institution when they are
secured in an employee's locked, private motor vehicle parked
on the grounds of a penal institution.
(Source: P.A. 95-962, eff. 1-1-09; 96-328, eff. 8-11-09;
96-1112, eff. 1-1-11; 96-1325, eff. 7-27-10; revised 9-2-10.)
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
with the knowledge and consent of the owner in the commission
of, or in the attempt to commit as defined in Section 8-4 of
this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if
the theft is of precious metal or of scrap metal, 18-2, 19-1,
19-2, 19-3, 20-1, 20-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or
29D-15.2 of this Code, paragraph (a) of Section 12-4 of this

Code, paragraph (a) of Section 12-15 or paragraphs (a), (c) or
(d) of Section 12-16 of this Code, or paragraph (a)(6) or
(a)(7) of Section 24-1 of this Code; (b) Section 21, 22, 23, 24
or 26 of the Cigarette Tax Act if the vessel, vehicle or
aircraft contains more than 10 cartons of such cigarettes; (c)
Section 28, 29 or 30 of the Cigarette Use Tax Act if the
vessel, vehicle or aircraft contains more than 10 cartons of
such cigarettes; (d) Section 44 of the Environmental Protection
Act; (e) 11-204.1 of the Illinois Vehicle Code; (f) (1) driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof
under Section 11-501 of the Illinois Vehicle Code during a
period in which his or her driving privileges are revoked or
suspended where the revocation or suspension was for driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof,
Section 11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the Criminal
Code of 1961; (2) driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof and has been previously convicted of
reckless homicide or a similar provision of a law of another
state relating to reckless homicide in which the person was
determined to have been under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds as an
element of the offense or the person has previously been

convicted of committing a violation of driving under the
influence of alcohol or other drug or drugs, intoxicating
compound or compounds or any combination thereof and was
involved in a motor vehicle accident that resulted in death,
great bodily harm, or permanent disability or disfigurement to
another, when the violation was a proximate cause of the death
or injuries; (3) the person committed a violation of driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof
under Section 11-501 of the Illinois Vehicle Code or a similar
provision for the third or subsequent time; (4) the person
committed the violation while he or she did not possess a
driver's license or permit or a restricted driving permit or a
judicial driving permit or a monitoring device driving permit;
or (5) the person committed the violation while he or she knew
or should have known that the vehicle he or she was driving was
not covered by a liability insurance policy, or (d)(1)(I); (g)
an offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code; or (h) an offense described in
subsection (e) of Section 6-101 of the Illinois Vehicle Code;
may be seized and delivered forthwith to the sheriff of the
county of seizure.
Within 15 days after such delivery the sheriff shall give
notice of seizure to each person according to the following
method: Upon each such person whose right, title or interest is
of record in the office of the Secretary of State, the

Secretary of Transportation, the Administrator of the Federal
Aviation Agency, or any other Department of this State, or any
other state of the United States if such vessel, vehicle or
aircraft is required to be so registered, as the case may be,
by mailing a copy of the notice by certified mail to the
address as given upon the records of the Secretary of State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United
States if such vessel, vehicle or aircraft is required to be so
registered. Within that 15 day period the sheriff shall also
notify the State's Attorney of the county of seizure about the
seizure.
In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section 7g of the
Metropolitan Water Reclamation District Act shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vessels,
vehicles and aircraft, and any such equipment shall be deemed a
vessel, vehicle or aircraft for purposes of this Article.
When a person discharges a firearm at another individual
from a vehicle with the knowledge and consent of the owner of
the vehicle and with the intent to cause death or great bodily
harm to that individual and as a result causes death or great
bodily harm to that individual, the vehicle shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vehicles used in

violations of clauses (a), (b), (c), or (d) of this Section.
If the spouse of the owner of a vehicle seized for an
offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
11-501 of the Illinois Vehicle Code, or Section 9-3 of this
Code makes a showing that the seized vehicle is the only source
of transportation and it is determined that the financial
hardship to the family as a result of the seizure outweighs the
benefit to the State from the seizure, the vehicle may be
forfeited to the spouse or family member and the title to the
vehicle shall be transferred to the spouse or family member who
is properly licensed and who requires the use of the vehicle
for employment or family transportation purposes. A written
declaration of forfeiture of a vehicle under this Section shall
be sufficient cause for the title to be transferred to the
spouse or family member. The provisions of this paragraph shall
apply only to one forfeiture per vehicle. If the vehicle is the
subject of a subsequent forfeiture proceeding by virtue of a
subsequent conviction of either spouse or the family member,
the spouse or family member to whom the vehicle was forfeited
under the first forfeiture proceeding may not utilize the
provisions of this paragraph in another forfeiture proceeding.
If the owner of the vehicle seized owns more than one vehicle,
the procedure set out in this paragraph may be used for only
one vehicle.

Property declared contraband under Section 40 of the
Illinois Streetgang Terrorism Omnibus Prevention Act may be
seized and forfeited under this Article.
(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff.
1-1-11; revised 9-16-10.)
Section 555. The Code of Criminal Procedure of 1963 is
amended by changing Sections 107-2, 111-4, and 112A-17 as
follows:
(725 ILCS 5/107-2) (from Ch. 38, par. 107-2)
Sec. 107-2. (1) Arrest by Peace Officer.
(1) A peace officer may arrest a person when:
(a) He has a warrant commanding that such person be
arrested; or
(b) He has reasonable grounds to believe that a warrant
for the person's arrest has been issued in this State or in
another jurisdiction; or
(c) He has reasonable grounds to believe that the
person is committing or has committed an offense.
(2) Whenever a peace officer arrests a person, the officer
shall question the arrestee as to whether he or she has any
children under the age of 18 living with him or her who may be
neglected as a result of the arrest or otherwise. The peace
officer shall assist the arrestee in the placement of the

children with a relative or other responsible person designated
by the arrestee. If the peace officer has reasonable cause to
believe that a child may be a neglected child as defined in the
Abused and Neglected Child Reporting Act, he shall report it
immediately to the Department of Children and Family Services
as provided in that Act.
(3) A peace officer who executes a warrant of arrest in
good faith beyond the geographical limitation of the warrant
shall not be liable for false arrest.
(Source: P.A. 86-298; revised 9-16-10.)
(725 ILCS 5/111-4)
Sec. 111-4. Joinder of offenses and defendants.
(a) Two or more offenses may be charged in the same
indictment, information or complaint in a separate count for
each offense if the offenses charged, whether felonies or
misdemeanors or both, are based on the same act or on 2 or more
acts which are part of the same comprehensive transaction.
(b) Two or more defendants may be charged in the same
indictment, information or complaint if they are alleged to
have participated in the same act or in the same comprehensive
transaction out of which the offense or offenses arose. Such
defendants may be charged in one or more counts together or
separately and all of the defendants need not be charged in
each count.
(c) Two or more acts or transactions in violation of any

provision or provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and
8A-5 of the Illinois Public Aid Code, Section 14 of the
Illinois Wage Payment and Collection Act, Sections 16-1,
16-1.3, 16-2, 16-3, 16-5, 16-7, 16-8, 16-10, 16A-3, 16B-2,
16C-2, 16G-15, 16G-20, 16H-15, 16H-20, 16H-25, 16H-30, 16H-45,
16H-50, 16H-55, 17-1, 17-3, 17-6, 17-7, 17-8, 17-9 or 17-10 of
the Criminal Code of 1961 and Section 118 of Division I of the
Criminal Jurisprudence Act, may be charged as a single offense
in a single count of the same indictment, information or
complaint, if such acts or transactions by one or more
defendants are in furtherance of a single intention and design
or if the property, labor or services obtained are of the same
person or are of several persons having a common interest in
such property, labor or services. In such a charge, the period
between the dates of the first and the final such acts or
transactions may be alleged as the date of the offense and, if
any such act or transaction by any defendant was committed in
the county where the prosecution was commenced, such county may
be alleged as the county of the offense.
(Source: P.A. 95-384, eff. 1-1-08; 96-354, eff. 8-13-09;
96-1207, eff. 7-22-10; 96-1407, eff. 1-1-11; revised 9-2-10.)
(725 ILCS 5/112A-17) (from Ch. 38, par. 112A-17)
Sec. 112A-17. Emergency order of protection.
(a) Prerequisites. An emergency order of protection shall
issue if petitioner satisfies the requirements of this

subsection for one or more of the requested remedies. For each
remedy requested, petitioner shall establish that:
(1) The court has jurisdiction under Section 112A-9;
(2) The requirements of Section 112A-14 are satisfied;
and
(3) There is good cause to grant the remedy, regardless
of prior service of process or of notice upon the
respondent, because:
(i) For the remedies of "prohibition of abuse"
described in Section 112A-14(b)(1), "stay away order
and additional prohibitions" described in Section
112A-14(b)(3), "removal or concealment of minor child"
described in Section 112A-14(b)(8), "order to appear"
described in Section 112A-14(b)(9), "physical care and
possession of the minor child" described in Section
112A-14(b)(5), "protection of property" described in
Section 112A-14(b)(11), "prohibition of entry"
described in Section 112A-14(b)(14), "prohibition of
firearm possession" described in Section
112A-14(b)(14.5), "prohibition of access to records"
described in Section 112A-14(b)(15), and "injunctive
relief" described in Section 112A-14(b)(16), the harm
which that remedy is intended to prevent would be
likely to occur if the respondent were given any prior
notice, or greater notice than was actually given, of
the petitioner's efforts to obtain judicial relief;

(ii) For the remedy of "grant of exclusive
possession of residence" described in Section
112A-14(b)(2), the immediate danger of further abuse
of petitioner by respondent, if petitioner chooses or
had chosen to remain in the residence or household
while respondent was given any prior notice or greater
notice than was actually given of petitioner's efforts
to obtain judicial relief, outweighs the hardships to
respondent of an emergency order granting petitioner
exclusive possession of the residence or household.
This remedy shall not be denied because petitioner has
or could obtain temporary shelter elsewhere while
prior notice is given to respondent, unless the
hardships to respondent from exclusion from the home
substantially outweigh those to petitioner.
(iii) For the remedy of "possession of personal
property" described in Section 112A-14(b)(10),
improper disposition of the personal property would be
likely to occur if respondent were given any prior
notice, or greater notice than was actually given, of
petitioner's efforts to obtain judicial relief, or
petitioner has an immediate and pressing need for
possession of that property.
An emergency order may not include the counseling, legal
custody, payment of support or monetary compensation remedies.
(b) Appearance by respondent. If respondent appears in

court for this hearing for an emergency order, he or she may
elect to file a general appearance and testify. Any resulting
order may be an emergency order, governed by this Section.
Notwithstanding the requirements of this Section, if all
requirements of Section 112A-18 have been met, the Court may
issue a 30-day interim order.
(c) Emergency orders: court holidays and evenings.
(1) Prerequisites. When the court is unavailable at the
close of business, the petitioner may file a petition for a
21-day emergency order before any available circuit judge
or associate judge who may grant relief under this Article.
If the judge finds that there is an immediate and present
danger of abuse to petitioner and that petitioner has
satisfied the prerequisites set forth in subsection (a) of
Section 112A-17, that judge may issue an emergency order of
protection.
(1.5) Issuance of order. The chief judge of the circuit
court may designate for each county in the circuit at least
one judge to be reasonably available to issue orally, by
telephone, by facsimile, or otherwise, an emergency order
of protection at all times, whether or not the court is in
session.
(2) Certification and transfer. The judge who issued
the order under this Section shall promptly communicate or
convey the order to the sheriff to facilitate the entry of
the order into the Law Enforcement Agencies Data System by

the Department of State Police pursuant to Section 112A-28.
Any order issued under this Section and any documentation
in support thereof shall be certified on the next court day
to the appropriate court. The clerk of that court shall
immediately assign a case number, file the petition, order
and other documents with the court and enter the order of
record and file it with the sheriff for service, in
accordance with Section 112A-22. Filing the petition shall
commence proceedings for further relief, under Section
112A-2. Failure to comply with the requirements of this
subsection shall not affect the validity of the order.
(Source: P.A. 96-1239, eff. 1-1-11; 96-1241, eff. 1-1-11;
revised 9-2-10.)
Section 560. The Unified Code of Corrections is amended by
changing Sections 3-6-3, 3-12-3a, 3-14-1.5, 5-4-1, 5-5-3.2,
5-6-1, and 5-8-1 as follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Early Release.
(a) (1) The Department of Corrections shall prescribe
rules and regulations for the early release on account of
good conduct of persons committed to the Department which
shall be subject to review by the Prisoner Review Board.
(2) The rules and regulations on early release shall
provide, with respect to offenses listed in clause (i),

(ii), or (iii) of this paragraph (2) committed on or after
June 19, 1998 or with respect to the offense listed in
clause (iv) of this paragraph (2) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
with respect to offense listed in clause (vi) committed on
or after June 1, 2008 (the effective date of Public Act
95-625) or with respect to the offense of being an armed
habitual criminal committed on or after August 2, 2005 (the
effective date of Public Act 94-398) or with respect to the
offenses listed in clause (v) of this paragraph (2)
committed on or after August 13, 2007 (the effective date
of Public Act 95-134) or with respect to the offense of
aggravated domestic battery committed on or after July 23,
2010 (the effective date of Public Act 96-1224) this
amendatory Act of the 96th General Assembly, the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense
of terrorism shall receive no good conduct credit and
shall serve the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt
to commit first degree murder, solicitation of murder,
solicitation of murder for hire, intentional homicide
of an unborn child, predatory criminal sexual assault
of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated kidnapping,
aggravated battery with a firearm, heinous battery,

being an armed habitual criminal, aggravated battery
of a senior citizen, or aggravated battery of a child
shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of
imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular
hijacking, aggravated discharge of a firearm, or armed
violence with a category I weapon or category II
weapon, when the court has made and entered a finding,
pursuant to subsection (c-1) of Section 5-4-1 of this
Code, that the conduct leading to conviction for the
enumerated offense resulted in great bodily harm to a
victim, shall receive no more than 4.5 days of good
conduct credit for each month of his or her sentence of
imprisonment;
(iv) that a prisoner serving a sentence for
aggravated discharge of a firearm, whether or not the
conduct leading to conviction for the offense resulted
in great bodily harm to the victim, shall receive no
more than 4.5 days of good conduct credit for each
month of his or her sentence of imprisonment;
(v) that a person serving a sentence for
gunrunning, narcotics racketeering, controlled
substance trafficking, methamphetamine trafficking,
drug-induced homicide, aggravated

methamphetamine-related child endangerment, money
laundering pursuant to clause (c) (4) or (5) of Section
29B-1 of the Criminal Code of 1961, or a Class X felony
conviction for delivery of a controlled substance,
possession of a controlled substance with intent to
manufacture or deliver, calculated criminal drug
conspiracy, criminal drug conspiracy, street gang
criminal drug conspiracy, participation in
methamphetamine manufacturing, aggravated
participation in methamphetamine manufacturing,
delivery of methamphetamine, possession with intent to
deliver methamphetamine, aggravated delivery of
methamphetamine, aggravated possession with intent to
deliver methamphetamine, methamphetamine conspiracy
when the substance containing the controlled substance
or methamphetamine is 100 grams or more shall receive
no more than 7.5 days good conduct credit for each
month of his or her sentence of imprisonment;
(vi) that a prisoner serving a sentence for a
second or subsequent offense of luring a minor shall
receive no more than 4.5 days of good conduct credit
for each month of his or her sentence of imprisonment;
and
(vii) that a prisoner serving a sentence for
aggravated domestic battery shall receive no more than
4.5 days of good conduct credit for each month of his

or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or
after June 23, 2005 (the effective date of Public Act
94-71) or subdivision (a)(2)(v) committed on or after
August 13, 2007 (the effective date of Public Act 95-134)
or subdivision (a)(2)(vi) committed on or after June 1,
2008 (the effective date of Public Act 95-625) or
subdivision (a)(2)(vii) committed on or after July 23, 2010
(the effective date of Public Act 96-1224) this amendatory
Act of the 96th General Assembly, and other than the
offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, and other than
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230) this amendatory Act of the 96th General Assembly,
the rules and regulations shall provide that a prisoner who
is serving a term of imprisonment shall receive one day of

good conduct credit for each day of his or her sentence of
imprisonment or recommitment under Section 3-3-9. Each day
of good conduct credit shall reduce by one day the
prisoner's period of imprisonment or recommitment under
Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to death
shall receive no good conduct credit.
(2.3) The rules and regulations on early release shall
provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, shall receive no more than 4.5 days
of good conduct credit for each month of his or her
sentence of imprisonment.
(2.4) The rules and regulations on early release shall
provide with respect to the offenses of aggravated battery
with a machine gun or a firearm equipped with any device or
attachment designed or used for silencing the report of a
firearm or aggravated discharge of a machine gun or a
firearm equipped with any device or attachment designed or
used for silencing the report of a firearm, committed on or
after July 15, 1999 (the effective date of Public Act
91-121), that a prisoner serving a sentence for any of

these offenses shall receive no more than 4.5 days of good
conduct credit for each month of his or her sentence of
imprisonment.
(2.5) The rules and regulations on early release shall
provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more
than 4.5 days of good conduct credit for each month of his
or her sentence of imprisonment.
(2.6) The rules and regulations on early release shall
provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (C) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code committed on or after January 1, 2011
(the effective date of Public Act 96-1230) this amendatory
Act of the 96th General Assembly, shall receive no more
than 4.5 days of good conduct credit for each month of his
or her sentence of imprisonment.
(3) The rules and regulations shall also provide that
the Director may award up to 180 days additional good
conduct credit for meritorious service in specific
instances as the Director deems proper; except that no more
than 90 days of good conduct credit for meritorious service
shall be awarded to any prisoner who is serving a sentence

for conviction of first degree murder, reckless homicide
while under the influence of alcohol or any other drug, or
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, kidnapping,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, deviate
sexual assault, aggravated criminal sexual abuse,
aggravated indecent liberties with a child, indecent
liberties with a child, child pornography, heinous
battery, aggravated battery of a spouse, aggravated
battery of a spouse with a firearm, stalking, aggravated
stalking, aggravated battery of a child, endangering the
life or health of a child, or cruelty to a child.
Notwithstanding the foregoing, good conduct credit for
meritorious service shall not be awarded on a sentence of
imprisonment imposed for conviction of: (i) one of the
offenses enumerated in subdivision (a)(2)(i), (ii), or
(iii) when the offense is committed on or after June 19,
1998 or subdivision (a)(2)(iv) when the offense is
committed on or after June 23, 2005 (the effective date of
Public Act 94-71) or subdivision (a)(2)(v) when the offense
is committed on or after August 13, 2007 (the effective
date of Public Act 95-134) or subdivision (a)(2)(vi) when

the offense is committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or subdivision
(a)(2)(vii) when the offense is committed on or after July
23, 2010 (the effective date of Public Act 96-1224) this
amendatory Act of the 96th General Assembly, (ii)
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) one of the offenses enumerated
in subdivision (a)(2.4) when the offense is committed on or
after July 15, 1999 (the effective date of Public Act
91-121), (iv) aggravated arson when the offense is
committed on or after July 27, 2001 (the effective date of
Public Act 92-176), or (v) offenses that may subject the
offender to commitment under the Sexually Violent Persons
Commitment Act, or (vi) (v) aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as
defined in subparagraph (C) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code
committed on or after January 1, 2011 (the effective date
of Public Act 96-1230) this amendatory Act of the 96th
General Assembly.
The Director shall not award good conduct credit for
meritorious service under this paragraph (3) to an inmate

unless the inmate has served a minimum of 60 days of the
sentence; except nothing in this paragraph shall be
construed to permit the Director to extend an inmate's
sentence beyond that which was imposed by the court. Prior
to awarding credit under this paragraph (3), the Director
shall make a written determination that the inmate:
(A) is eligible for good conduct credit for
meritorious service;
(B) has served a minimum of 60 days, or as close to
60 days as the sentence will allow; and
(C) has met the eligibility criteria established
by rule.
The Director shall determine the form and content of
the written determination required in this subsection.
(4) The rules and regulations shall also provide that
the good conduct credit accumulated and retained under
paragraph (2.1) of subsection (a) of this Section by any
inmate during specific periods of time in which such inmate
is engaged full-time in substance abuse programs,
correctional industry assignments, or educational programs
provided by the Department under this paragraph (4) and
satisfactorily completes the assigned program as
determined by the standards of the Department, shall be
multiplied by a factor of 1.25 for program participation
before August 11, 1993 and 1.50 for program participation
on or after that date. However, no inmate shall be eligible

for the additional good conduct credit under this paragraph
(4) or (4.1) of this subsection (a) while assigned to a
boot camp or electronic detention, or if convicted of an
offense enumerated in subdivision (a)(2)(i), (ii), or
(iii) of this Section that is committed on or after June
19, 1998 or subdivision (a)(2)(iv) of this Section that is
committed on or after June 23, 2005 (the effective date of
Public Act 94-71) or subdivision (a)(2)(v) of this Section
that is committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or subdivision
(a)(2)(vi) when the offense is committed on or after June
1, 2008 (the effective date of Public Act 95-625) or
subdivision (a)(2)(vii) when the offense is committed on or
after July 23, 2010 (the effective date of Public Act
96-1224) this amendatory Act of the 96th General Assembly,
or if convicted of aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound
or compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code, or if
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act

96-1230) this amendatory Act of the 96th General Assembly,
or if convicted of an offense enumerated in paragraph
(a)(2.4) of this Section that is committed on or after July
15, 1999 (the effective date of Public Act 91-121), or
first degree murder, a Class X felony, criminal sexual
assault, felony criminal sexual abuse, aggravated criminal
sexual abuse, aggravated battery with a firearm, or any
predecessor or successor offenses with the same or
substantially the same elements, or any inchoate offenses
relating to the foregoing offenses. No inmate shall be
eligible for the additional good conduct credit under this
paragraph (4) who (i) has previously received increased
good conduct credit under this paragraph (4) and has
subsequently been convicted of a felony, or (ii) has
previously served more than one prior sentence of
imprisonment for a felony in an adult correctional
facility.
Educational, vocational, substance abuse and
correctional industry programs under which good conduct
credit may be increased under this paragraph (4) and
paragraph (4.1) of this subsection (a) shall be evaluated
by the Department on the basis of documented standards. The
Department shall report the results of these evaluations to
the Governor and the General Assembly by September 30th of
each year. The reports shall include data relating to the
recidivism rate among program participants.

Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General
Assembly for these purposes. Eligible inmates who are
denied immediate admission shall be placed on a waiting
list under criteria established by the Department. The
inability of any inmate to become engaged in any such
programs by reason of insufficient program resources or for
any other reason established under the rules and
regulations of the Department shall not be deemed a cause
of action under which the Department or any employee or
agent of the Department shall be liable for damages to the
inmate.
(4.1) The rules and regulations shall also provide that
an additional 60 days of good conduct credit shall be
awarded to any prisoner who passes the high school level
Test of General Educational Development (GED) while the
prisoner is incarcerated. The good conduct credit awarded
under this paragraph (4.1) shall be in addition to, and
shall not affect, the award of good conduct under any other
paragraph of this Section, but shall also be pursuant to
the guidelines and restrictions set forth in paragraph (4)
of subsection (a) of this Section. The good conduct credit
provided for in this paragraph shall be available only to
those prisoners who have not previously earned a high
school diploma or a GED. If, after an award of the GED good
conduct credit has been made and the Department determines

that the prisoner was not eligible, then the award shall be
revoked.
(4.5) The rules and regulations on early release shall
also provide that when the court's sentencing order
recommends a prisoner for substance abuse treatment and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the prisoner shall
receive no good conduct credit awarded under clause (3) of
this subsection (a) unless he or she participates in and
completes a substance abuse treatment program. The
Director may waive the requirement to participate in or
complete a substance abuse treatment program and award the
good conduct credit in specific instances if the prisoner
is not a good candidate for a substance abuse treatment
program for medical, programming, or operational reasons.
Availability of substance abuse treatment shall be subject
to the limits of fiscal resources appropriated by the
General Assembly for these purposes. If treatment is not
available and the requirement to participate and complete
the treatment has not been waived by the Director, the
prisoner shall be placed on a waiting list under criteria
established by the Department. The Director may allow a
prisoner placed on a waiting list to participate in and
complete a substance abuse education class or attend
substance abuse self-help meetings in lieu of a substance
abuse treatment program. A prisoner on a waiting list who

is not placed in a substance abuse program prior to release
may be eligible for a waiver and receive good conduct
credit under clause (3) of this subsection (a) at the
discretion of the Director.
(4.6) The rules and regulations on early release shall
also provide that a prisoner who has been convicted of a
sex offense as defined in Section 2 of the Sex Offender
Registration Act shall receive no good conduct credit
unless he or she either has successfully completed or is
participating in sex offender treatment as defined by the
Sex Offender Management Board. However, prisoners who are
waiting to receive such treatment, but who are unable to do
so due solely to the lack of resources on the part of the
Department, may, at the Director's sole discretion, be
awarded good conduct credit at such rate as the Director
shall determine.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of good
conduct credit for meritorious service given at any time
during the term, the Department shall give reasonable
notice of the impending release not less than 14 days prior
to the date of the release to the State's Attorney of the
county where the prosecution of the inmate took place, and
if applicable, the State's Attorney of the county into
which the inmate will be released. The Department must also
make identification information and a recent photo of the

inmate being released accessible on the Internet by means
of a hyperlink labeled "Community Notification of Inmate
Early Release" on the Department's World Wide Web homepage.
The identification information shall include the inmate's:
name, any known alias, date of birth, physical
characteristics, residence address, commitment offense and
county where conviction was imposed. The identification
information shall be placed on the website within 3 days of
the inmate's release and the information may not be removed
until either: completion of the first year of mandatory
supervised release or return of the inmate to custody of
the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing the
rate of accumulation of good conduct credit for specific rule
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of good conduct credit for any one infraction.
When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any good conduct credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of good conduct

credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of good
conduct credit. The Board may subsequently approve the
revocation of additional good conduct credit, if the Department
seeks to revoke good conduct credit in excess of 30 days.
However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of
good conduct credit within any calendar year for any prisoner
or to increase any penalty beyond the length requested by the
Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days shall
be subject to review by the Prisoner Review Board. However, the
Board may not restore good conduct credit in excess of the
amount requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the

accumulation of good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of good conduct credit by
bringing charges against the prisoner sought to be deprived of
the good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of good conduct
credit at the time of the finding, then the Prisoner Review
Board may revoke all good conduct credit accumulated by the
prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(C) the claims, defenses, and other legal

contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.

(f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-30 of the Criminal Code of 1961, earlier than
it otherwise would because of a grant of good conduct credit,
the Department, as a condition of such early release, shall
require that the person, upon release, be placed under
electronic surveillance as provided in Section 5-8A-7 of this
Code.
(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
95-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff.
7-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224,
eff. 7-23-10; 96-1230, eff. 1-1-11; revised 9-16-10.)
(730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
Sec. 3-12-3a. (a) Contracts, leases, and business
agreements.
(a) The Department shall promulgate such rules and policies
as it deems necessary to establish, manage, and operate its
Illinois Correctional Industries division for the purpose of
utilizing committed persons in the manufacture of food stuffs,
finished goods or wares. To the extent not inconsistent with
the function and role of the ICI, the Department may enter into
a contract, lease, or other type of business agreement, not to
exceed 20 years, with any private corporation, partnership,
person, or other business entity for the purpose of utilizing

committed persons in the provision of services or for any other
business or commercial enterprise deemed by the Department to
be consistent with proper training and rehabilitation of
committed persons.
Illinois Correctional Industries' spending authority shall
be separate and apart from the Department's budget and
appropriations. Control of Illinois Correctional Industries
accounting processes and budget requests to the General
Assembly, other budgetary processes, audits by the Office of
the Auditor General, and computer processes shall be returned
to Illinois Correctional Industries.
(b) The Department shall be permitted to construct
buildings on State property for the purposes identified in
subsection (a) and to lease for a period not to exceed 20 years
any building or portion thereof on State property for the
purposes identified in subsection (a).
(c) Any contract or other business agreement referenced in
subsection (a) shall include a provision requiring that all
committed persons assigned receive in connection with their
assignment such vocational training and/or apprenticeship
programs as the Department deems appropriate.
(d) Committed persons assigned in accordance with this
Section shall be compensated in accordance with the provisions
of Section 3-12-5.
(Source: P.A. 96-877, eff. 7-1-10; 96-943, eff. 7-1-10; revised
9-16-10.)

(730 ILCS 5/3-14-1.5)
Sec. 3-14-1.5. Parole agents and parole supervisors;
off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and
Section 24-1.6 of the Criminal Code of 1961 do not apply to
parole agents and parole supervisors who meet the following
conditions:
(1) The parole agent or parole supervisor must receive
training in the use of firearms while off-duty conducted by the
Illinois Law Enforcement Training Standards Board and be
certified as having successfully completing such training by
the Board. The Board shall determine the amount of such
training and the course content for such training. The parole
agent or parole supervisor shall requalify for the firearms
training annually at a State range certified by the Illinois
Law Enforcement Training Standards Board. The expenses of such
retraining shall be paid by the parole agent or parole
supervisor and moneys for such requalification shall be
expended at the request of the Illinois Law Enforcement
Training Standards Board.
(2) The parole agent or parole supervisor shall purchase
such firearm at his or her own expense and shall register the
firearm with the Illinois Department of State Police and with
any other local law enforcement agencies that require such
registration.
(3) The parole agent or parole supervisor may not carry any

Illinois Department of Corrections State issued firearm while
off-duty. A person who violates this paragraph (3) is subject
to disciplinary action by the Illinois Department of
Corrections.
(4) Parole agents and supervisors who are discharged from
employment of the Illinois Department of Corrections shall no
longer be considered law enforcement officials and all their
rights as law enforcement officials shall be revoked
permanently.
(Source: P.A. 96-230, eff. 1-1-10; revised 9-16-10.)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing Hearing.
(a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence. However,
prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the individual must undergo a
professional evaluation to determine if an alcohol or other
drug abuse problem exists and the extent of such a problem.
Programs conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is not
a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such

individual's residence. The court may in its sentencing order
approve an eligible defendant for placement in a Department of
Corrections impact incarceration program as provided in
Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a violation
of Section 11-501 of the Illinois Vehicle Code, or a

similar provision of a local ordinance, or a qualified
individual affected by: (i) a violation of Section 405,
405.1, 405.2, or 407 of the Illinois Controlled Substances
Act or a violation of Section 55 or Section 65 of the
Methamphetamine Control and Community Protection Act, or
(ii) a Class 4 felony violation of Section 11-14, 11-15,
11-17, 11-18, 11-18.1, or 11-19 of the Criminal Code of
1961, committed by the defendant the opportunity to make a
statement concerning the impact on the victim and to offer
evidence in aggravation or mitigation; provided that the
statement and evidence offered in aggravation or
mitigation must first be prepared in writing in conjunction
with the State's Attorney before it may be presented orally
at the hearing. Any sworn testimony offered by the victim
is subject to the defendant's right to cross-examine. All
statements and evidence offered under this paragraph (7)
shall become part of the record of the court. For the
purpose of this paragraph (7), "qualified individual"
means any person who (i) lived or worked within the
territorial jurisdiction where the offense took place when
the offense took place; and (ii) is familiar with various
public places within the territorial jurisdiction where
the offense took place when the offense took place. For the
purposes of this paragraph (7), "qualified individual"
includes any peace officer, or any member of any duly
organized State, county, or municipal peace unit assigned

to the territorial jurisdiction where the offense took
place when the offense took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was used
in the commission of the offense for which the defendant is
being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer sitting
as a judge in that court. Where the judge does not impose
sentence at the same time on all defendants who are convicted
as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing
court of the disposition of any other defendants who have been
sentenced.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any

combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury to
someone other than the defendant, the trial judge shall specify
on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his
sentencing determination. The full verbatim record of the
sentencing hearing shall be filed with the clerk of the court
and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or category
II weapon, the trial judge shall make a finding as to whether
the conduct leading to conviction for the offense resulted in
great bodily harm to a victim, and shall enter that finding and
the basis for that finding in the record.
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for early release
found in Section 3-6-3 and other related provisions of this
Code. This statement is intended solely to inform the public,
has no legal effect on the defendant's actual release, and may
not be relied on by the defendant on appeal.

The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional good
conduct credit for meritorious service. If the defendant,
because of his or her own misconduct or failure to comply with
the institutional regulations, does not receive those credits,
the actual time served in prison will be longer. The defendant
may also receive an additional one-half day good conduct credit
for each day of participation in vocational, industry,
substance abuse, and educational programs as provided for by
Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(3) of Section 3-6-3, other than
when the sentence is imposed for one of the offenses enumerated
in paragraph (a)(2) of Section 3-6-3 committed on or after June
19, 1998, and other than when the sentence is imposed for

reckless homicide as defined in subsection (e) of Section 9-3
of the Criminal Code of 1961 if the offense was committed on or
after January 1, 1999, and other than when the sentence is
imposed for aggravated arson if the offense was committed on or
after July 27, 2001 (the effective date of Public Act 92-176),
and other than when the sentence is imposed for aggravated
driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
as defined in subparagraph (C) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code committed on
or after January 1, 2011 (the effective date of Public Act
96-1230) this amendatory Act of the 96th General Assembly, the
judge's statement, to be given after pronouncing the sentence,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 90 days additional good
conduct credit for meritorious service. If the defendant,
because of his or her own misconduct or failure to comply with
the institutional regulations, does not receive those credits,

the actual time served in prison will be longer. The defendant
may also receive an additional one-half day good conduct credit
for each day of participation in vocational, industry,
substance abuse, and educational programs as provided for by
Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 if the offense was committed on or after
January 1, 1999, and when the sentence is imposed for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code, and when the sentence is imposed for aggravated arson if
the offense was committed on or after July 27, 2001 (the
effective date of Public Act 92-176), and when the sentence is
imposed for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (C) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code committed on or after January 1, 2011
(the effective date of Public Act 96-1230) this amendatory Act
of the 96th General Assembly, the judge's statement, to be

given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
good conduct credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least 85%
of his or her sentence. Assuming the defendant receives 4 1/2
days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the
defendant, because of his or her own misconduct or failure to
comply with the institutional regulations receives lesser
credit, the actual time served in prison will be longer."
When a sentence of imprisonment is imposed for first degree
murder and the offense was committed on or after June 19, 1998,
the judge's statement, to be given after pronouncing the
sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to good conduct credit.
Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement, in
addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no good conduct credit under
clause (3) of subsection (a) of Section 3-6-3 until he or she
participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently

serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist or
physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor

vehicle was used in the commission of the offense.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;

(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant has
been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction

to the Secretary of State.
(Source: P.A. 95-331, eff. 8-21-07; 96-86, eff. 1-1-10;
96-1180, eff. 1-1-11; 96-1230, eff. 1-1-11; revised 9-16-10.)
(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
(a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency or
criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular offense
committed or to bring the offenders committing it to
justice;
(5) the defendant held public office at the time of the
offense, and the offense related to the conduct of that
office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to

afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual; (ii)
the person or property of a person who has an association
with, is married to, or has a friendship with the other
individual; or (iii) the person or property of a relative
(by blood or marriage) of a person described in clause (i)
or (ii). For the purposes of this Section, "sexual
orientation" means heterosexuality, homosexuality, or
bisexuality;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;

(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 12-12 of the Criminal Code of 1961,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;

(16) the defendant committed an offense in violation of
one of the following Sections while in a school, regardless
of the time of day or time of year; on any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity; on
the real property of a school; or on a public way within
1,000 feet of the real property comprising any school:
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
33A-2 of the Criminal Code of 1961;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
33A-2 of the Criminal Code of 1961;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this

Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
1961;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home. For
the purposes of this paragraph (18), "nursing home" means a
skilled nursing or intermediate long term care facility
that is subject to license by the Illinois Department of
Public Health under the Nursing Home Care Act or the MR/DD
Community Care Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code of
1961 or the offense of driving under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof under Section 11-501
of the Illinois Vehicle Code or a similar provision of a
local ordinance and (ii) was operating a motor vehicle in
excess of 20 miles per hour over the posted speed limit as
provided in Article VI of Chapter 11 of the Illinois
Vehicle Code;

(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed Forces
of the United States, including a member of any reserve
component thereof or National Guard unit called to active
duty;
(23) the defendant committed the offense against a
person who was elderly, disabled, or infirm by taking
advantage of a family or fiduciary relationship with the
elderly, disabled, or infirm person;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 and possessed 100 or
more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation; or
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically

including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 where a child engaged in, solicited for, depicted in,
or posed in any act of sexual penetration or bound,
fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in a sexual context and specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.3 of the Criminal Code of
1961 where a child engaged in, solicited for, depicted in,
or posed in any act of sexual penetration or bound,
fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in a sexual context; or
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary

purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
"Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater
class felony, when such conviction has occurred within 10
years after the previous conviction, excluding time spent
in custody, and such charges are separately brought and
tried and arise out of different series of acts; or
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of

wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person physically handicapped at the time
of the offense or such person's property; or
(4) When a defendant is convicted of any felony and the
offense involved any of the following types of specific
misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or social
group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons

to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight attached
to it. For purposes of this paragraph, "laser sight" has
the meaning ascribed to it in Section 24.6-5 of the
Criminal Code of 1961; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged.

(c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and the charges are separately
brought and tried and arise out of different series of
acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault

or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge of
the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 12-14.1 of the Criminal Code
of 1961 (720 ILCS 5/12-14.1).
(5) When a defendant is convicted of a felony violation
of Section 24-1 of the Criminal Code of 1961 (720 ILCS
5/24-1) and there is a finding that the defendant is a
member of an organized gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961
(720 ILCS 5/24-1) for possessing a weapon that is not
readily distinguishable as one of the weapons enumerated in
Section 24-1 of the Criminal Code of 1961 (720 ILCS
5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled

Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties is
killed or injured at the scene of the offense while
responding to the emergency caused by the commission of the
offense. In this paragraph, "emergency" means a situation
in which a person's life, health, or safety is in jeopardy;
and "emergency response officer" means a peace officer,
community policing volunteer, fireman, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the
victim of the offense is under 18 years of age at the time of
the commission of the offense and, during the commission of the
offense, the victim was under the influence of alcohol,

regardless of whether or not the alcohol was supplied by the
offender; and the offender, at the time of the commission of
the offense, knew or should have known that the victim had
consumed alcohol.
(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
96-328, eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff.
7-2-10; 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390,
eff. 1-1-11; revised 9-16-10.)
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
Sec. 5-6-1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision. The General Assembly
finds that in order to protect the public, the criminal justice
system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair
punishments and intermediate sanctions. The Chief Judge of each
circuit shall adopt a system of structured, intermediate
sanctions for violations of the terms and conditions of a
sentence of probation, conditional discharge or disposition of
supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence of
probation or conditional discharge upon an offender unless,
having regard to the nature and circumstance of the offense,

and to the history, character and condition of the offender,
the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is
necessary for the protection of the public; or
(2) probation or conditional discharge would deprecate
the seriousness of the offender's conduct and would be
inconsistent with the ends of justice; or
(3) a combination of imprisonment with concurrent or
consecutive probation when an offender has been admitted
into a drug court program under Section 20 of the Drug
Court Treatment Act is necessary for the protection of the
public and for the rehabilitation of the offender.
The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of the
sentence of probation, conditional discharge, or supervision,
subject to the provisions of Section 5-6-4 of this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic imprisonment
nor of probation supervision is appropriate.
(b-1) Subsections (a) and (b) of this Section do not apply
to a defendant charged with a misdemeanor or felony under the
Illinois Vehicle Code or reckless homicide under Section 9-3 of

the Criminal Code of 1961 if the defendant within the past 12
months has been convicted of or pleaded guilty to a misdemeanor
or felony under the Illinois Vehicle Code or reckless homicide
under Section 9-3 of the Criminal Code of 1961.
(c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the imposition
of a sentence, and enter an order for supervision of the
defendant, if the defendant is not charged with: (i) a Class A
misdemeanor, as defined by the following provisions of the
Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5;
31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1;
paragraph (1) through (5), (8), (10), and (11) of subsection
(a) of Section 24-1; (ii) a Class A misdemeanor violation of
Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
Act; or (iii) a felony. If the defendant is not barred from
receiving an order for supervision as provided in this
subsection, the court may enter an order for supervision after
considering the circumstances of the offense, and the history,
character and condition of the offender, if the court is of the
opinion that:
(1) the offender is not likely to commit further
crimes;
(2) the defendant and the public would be best served
if the defendant were not to receive a criminal record; and
(3) in the best interests of justice an order of

supervision is more appropriate than a sentence otherwise
permitted under this Code.
(c-5) Subsections (a), (b), and (c) of this Section do not
apply to a defendant charged with a second or subsequent
violation of Section 6-303 of the Illinois Vehicle Code
committed while his or her driver's license, permit or
privileges were revoked because of a violation of Section 9-3
of the Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar provision of a law of another
state.
(d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the defendant has previously been:
(1) convicted for a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance or any similar law or ordinance of another state;
or
(2) assigned supervision for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision
of a local ordinance or any similar law or ordinance of
another state; or
(3) pleaded guilty to or stipulated to the facts
supporting a charge or a finding of guilty to a violation
of Section 11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance or any similar law or

ordinance of another state, and the plea or stipulation was
the result of a plea agreement.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16A-3 of the Criminal
Code of 1961 if said defendant has within the last 5 years
been:
(1) convicted for a violation of Section 16A-3 of the
Criminal Code of 1961; or
(2) assigned supervision for a violation of Section
16A-3 of the Criminal Code of 1961.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(f) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605, Section
11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(g) Except as otherwise provided in paragraph (i) of this
Section, the provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle Code or a similar provision
of a local ordinance if the defendant has within the last 5

years been:
(1) convicted for a violation of Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
provision of a local ordinance; or
(2) assigned supervision for a violation of Section
3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
Code or a similar provision of a local ordinance.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of the
Illinois Vehicle Code:
(1) unless the defendant, upon payment of the fines,
penalties, and costs provided by law, agrees to attend and
successfully complete a traffic safety program approved by
the court under standards set by the Conference of Chief
Circuit Judges. The accused shall be responsible for
payment of any traffic safety program fees. If the accused
fails to file a certificate of successful completion on or
before the termination date of the supervision order, the
supervision shall be summarily revoked and conviction
entered. The provisions of Supreme Court Rule 402 relating
to pleas of guilty do not apply in cases when a defendant
enters a guilty plea under this provision; or

(2) if the defendant has previously been sentenced
under the provisions of paragraph (c) on or after January
1, 1998 for any serious traffic offense as defined in
Section 1-187.001 of the Illinois Vehicle Code.
(h-1) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with an offense
against traffic regulations governing the movement of vehicles
or any violation of Section 6-107 or Section 12-603.1 of the
Illinois Vehicle Code, unless the defendant, upon payment of
the fines, penalties, and costs provided by law, agrees to
attend and successfully complete a traffic safety program
approved by the court under standards set by the Conference of
Chief Circuit Judges. The accused shall be responsible for
payment of any traffic safety program fees. If the accused
fails to file a certificate of successful completion on or
before the termination date of the supervision order, the
supervision shall be summarily revoked and conviction entered.
The provisions of Supreme Court Rule 402 relating to pleas of
guilty do not apply in cases when a defendant enters a guilty
plea under this provision.
(i) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance if the
defendant has been assigned supervision for a violation of
Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.

(j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the revocation or suspension was for a violation of Section
11-501 or a similar provision of a local ordinance or a
violation of Section 11-501.1 or paragraph (b) of Section
11-401 of the Illinois Vehicle Code if the defendant has within
the last 10 years been:
(1) convicted for a violation of Section 6-303 of the
Illinois Vehicle Code or a similar provision of a local
ordinance; or
(2) assigned supervision for a violation of Section
6-303 of the Illinois Vehicle Code or a similar provision
of a local ordinance.
(k) The provisions of paragraph (c) shall not apply to a
defendant charged with violating any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance that
governs the movement of vehicles if, within the 12 months
preceding the date of the defendant's arrest, the defendant has
been assigned court supervision on 2 occasions for a violation
that governs the movement of vehicles under the Illinois
Vehicle Code or a similar provision of a local ordinance. The
provisions of this paragraph (k) do not apply to a defendant
charged with violating Section 11-501 of the Illinois Vehicle
Code or a similar provision of a local ordinance.
(l) A defendant charged with violating any provision of the

Illinois Vehicle Code or a similar provision of a local
ordinance who receives a disposition of supervision under
subsection (c) shall pay an additional fee of $29, to be
collected as provided in Sections 27.5 and 27.6 of the Clerks
of Courts Act. In addition to the $29 fee, the person shall
also pay a fee of $6, which, if not waived by the court, shall
be collected as provided in Sections 27.5 and 27.6 of the
Clerks of Courts Act. The $29 fee shall be disbursed as
provided in Section 16-104c of the Illinois Vehicle Code. If
the $6 fee is collected, $5.50 of the fee shall be deposited
into the Circuit Court Clerk Operation and Administrative Fund
created by the Clerk of the Circuit Court and 50 cents of the
fee shall be deposited into the Prisoner Review Board Vehicle
and Equipment Fund in the State treasury.
(m) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $35, to be disbursed as provided in Section
16-104d of that Code.
This subsection (m) becomes inoperative 7 years after
October 13, 2007 (the effective date of Public Act 95-154).
(n) The provisions of paragraph (c) shall not apply to any
person under the age of 18 who commits an offense against
traffic regulations governing the movement of vehicles or any

violation of Section 6-107 or Section 12-603.1 of the Illinois
Vehicle Code, except upon personal appearance of the defendant
in court and upon the written consent of the defendant's parent
or legal guardian, executed before the presiding judge. The
presiding judge shall have the authority to waive this
requirement upon the showing of good cause by the defendant.
(o) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the suspension was for a violation of Section 11-501.1 of the
Illinois Vehicle Code and when:
(1) at the time of the violation of Section 11-501.1 of
the Illinois Vehicle Code, the defendant was a first
offender pursuant to Section 11-500 of the Illinois Vehicle
Code and the defendant failed to obtain a monitoring device
driving permit; or
(2) at the time of the violation of Section 11-501.1 of
the Illinois Vehicle Code, the defendant was a first
offender pursuant to Section 11-500 of the Illinois Vehicle
Code, had subsequently obtained a monitoring device
driving permit, but was driving a vehicle not equipped with
a breath alcohol ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code.
(p) The provisions of paragraph (c) shall not apply to a
defendant charged with violating subsection (b) of Section
11-601.5 of the Illinois Vehicle Code or a similar provision of

a local ordinance.
(Source: P.A. 95-154, eff. 10-13-07; 95-302, eff. 1-1-08;
95-310, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, eff. 1-1-09;
95-428, eff. 8-24-07; 95-876, eff. 8-21-08; 96-253, eff.
8-11-09; 96-286, eff. 8-11-09; 96-328, eff. 8-11-09; 96-625,
eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1002, eff. 1-1-11;
96-1175, eff. 9-20-10; revised 9-16-10.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, according to the following
limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection (a)(1)(c)
of this Section, that any of the aggravating factors
listed in subsection (b) or (b-5) of Section 9-1 of the
Criminal Code of 1961 are present, the court may
sentence the defendant to a term of natural life

imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment when the death
penalty is not imposed if the defendant,
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age of
17 or more and is found guilty of murdering an
individual under 12 years of age; or, irrespective
of the defendant's age at the time of the
commission of the offense, is found guilty of
murdering more than one victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee

of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) is a person who, at the time of the
commission of the murder, had not attained the age
of 17, and is found guilty of murdering a person

under 12 years of age and the murder is committed
during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated
kidnaping, or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 1961.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20
years shall be added to the term of imprisonment
imposed by the court;
(iii) if, during the commission of the
offense, the person personally discharged a

firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term
of natural life shall be added to the term of
imprisonment imposed by the court.
(2) (blank);
(2.5) for a person convicted under the circumstances
described in paragraph (3) of subsection (b) of Section
12-13, paragraph (2) of subsection (d) of Section 12-14,
paragraph (1.2) of subsection (b) of Section 12-14.1, or
paragraph (2) of subsection (b) of Section 12-14.1 of the
Criminal Code of 1961, the sentence shall be a term of
natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be as
follows:
(1) for first degree murder or a Class X felony except
for the offenses of predatory criminal sexual assault of a
child, aggravated criminal sexual assault, and criminal
sexual assault if committed on or after the effective date
of this amendatory Act of the 94th General Assembly and
except for the offense of aggravated child pornography
under Section 11-20.3 of the Criminal Code of 1961, if
committed on or after January 1, 2009, 3 years;

(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after the effective date of this amendatory Act of the 94th
General Assembly and except for the offenses of manufacture
and dissemination of child pornography under clauses
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
of 1961, if committed on or after January 1, 2009, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography, manufacture of child pornography, or
dissemination of child pornography after January 1, 2009,
the term of mandatory supervised release shall range from a
minimum of 3 years to a maximum of the natural life of the
defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic home detention program under Article 8A of
Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony

violation of an order of protection, 4 years.
(e) (Blank).
(f) (Blank).
(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1200, eff.
7-22-10; 96-1475, eff. 1-1-11; revised 9-16-10.)
Section 565. The Sex Offender Registration Act is amended
by changing Sections 3 and 6 as follows:
(730 ILCS 150/3)
Sec. 3. Duty to register.
(a) A sex offender, as defined in Section 2 of this Act, or
sexual predator shall, within the time period prescribed in
subsections (b) and (c), register in person and provide
accurate information as required by the Department of State
Police. Such information shall include a current photograph,
current address, current place of employment, the sex
offender's or sexual predator's telephone number, including
cellular telephone number, the employer's telephone number,
school attended, all e-mail addresses, instant messaging
identities, chat room identities, and other Internet
communications identities that the sex offender uses or plans
to use, all Uniform Resource Locators (URLs) registered or used
by the sex offender, all blogs and other Internet sites
maintained by the sex offender or to which the sex offender has

uploaded any content or posted any messages or information,
extensions of the time period for registering as provided in
this Article and, if an extension was granted, the reason why
the extension was granted and the date the sex offender was
notified of the extension. The information shall also include a
copy of the terms and conditions of parole or release signed by
the sex offender and given to the sex offender by his or her
supervising officer, the county of conviction, license plate
numbers for every vehicle registered in the name of the sex
offender, the age of the sex offender at the time of the
commission of the offense, the age of the victim at the time of
the commission of the offense, and any distinguishing marks
located on the body of the sex offender. A sex offender
convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
Criminal Code of 1961 shall provide all Internet protocol (IP)
addresses in his or her residence, registered in his or her
name, accessible at his or her place of employment, or
otherwise under his or her control or custody. If the sex
offender is a child sex offender as defined in Section 11-9.3
or 11-9.4 of the Criminal Code of 1961, the sex offender shall
report to the registering agency whether he or she is living in
a household with a child under 18 years of age who is not his or
her own child, provided that his or her own child is not the
victim of the sex offense. The sex offender or sexual predator
shall register:
(1) with the chief of police in the municipality in

which he or she resides or is temporarily domiciled for a
period of time of 3 or more days, unless the municipality
is the City of Chicago, in which case he or she shall
register at the Chicago Police Department Headquarters; or
(2) with the sheriff in the county in which he or she
resides or is temporarily domiciled for a period of time of
3 or more days in an unincorporated area or, if
incorporated, no police chief exists.
If the sex offender or sexual predator is employed at or
attends an institution of higher education, he or she shall
register:
(i) with the chief of police in the municipality in
which he or she is employed at or attends an institution of
higher education, unless the municipality is the City of
Chicago, in which case he or she shall register at the
Chicago Police Department Headquarters; or
(ii) with the sheriff in the county in which he or she
is employed or attends an institution of higher education
located in an unincorporated area, or if incorporated, no
police chief exists.
For purposes of this Article, the place of residence or
temporary domicile is defined as any and all places where the
sex offender resides for an aggregate period of time of 3 or
more days during any calendar year. Any person required to
register under this Article who lacks a fixed address or
temporary domicile must notify, in person, the agency of

jurisdiction of his or her last known address within 3 days
after ceasing to have a fixed residence.
A sex offender or sexual predator who is temporarily absent
from his or her current address of registration for 3 or more
days shall notify the law enforcement agency having
jurisdiction of his or her current registration, including the
itinerary for travel, in the manner provided in Section 6 of
this Act for notification to the law enforcement agency having
jurisdiction of change of address.
Any person who lacks a fixed residence must report weekly,
in person, with the sheriff's office of the county in which he
or she is located in an unincorporated area, or with the chief
of police in the municipality in which he or she is located.
The agency of jurisdiction will document each weekly
registration to include all the locations where the person has
stayed during the past 7 days.
The sex offender or sexual predator shall provide accurate
information as required by the Department of State Police. That
information shall include the sex offender's or sexual
predator's current place of employment.
(a-5) An out-of-state student or out-of-state employee
shall, within 3 days after beginning school or employment in
this State, register in person and provide accurate information
as required by the Department of State Police. Such information
will include current place of employment, school attended, and
address in state of residence. A sex offender convicted under

Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
of 1961 shall provide all Internet protocol (IP) addresses in
his or her residence, registered in his or her name, accessible
at his or her place of employment, or otherwise under his or
her control or custody. The out-of-state student or
out-of-state employee shall register:
(1) with the chief of police in the municipality in
which he or she attends school or is employed for a period
of time of 5 or more days or for an aggregate period of
time of more than 30 days during any calendar year, unless
the municipality is the City of Chicago, in which case he
or she shall register at the Chicago Police Department
Headquarters; or
(2) with the sheriff in the county in which he or she
attends school or is employed for a period of time of 5 or
more days or for an aggregate period of time of more than
30 days during any calendar year in an unincorporated area
or, if incorporated, no police chief exists.
The out-of-state student or out-of-state employee shall
provide accurate information as required by the Department of
State Police. That information shall include the out-of-state
student's current place of school attendance or the
out-of-state employee's current place of employment.
(a-10) Any law enforcement agency registering sex
offenders or sexual predators in accordance with subsections
(a) or (a-5) of this Section shall forward to the Attorney

General a copy of sex offender registration forms from persons
convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
Criminal Code of 1961, including periodic and annual
registrations under Section 6 of this Act.
(b) Any sex offender, as defined in Section 2 of this Act,
or sexual predator, regardless of any initial, prior, or other
registration, shall, within 3 days of beginning school, or
establishing a residence, place of employment, or temporary
domicile in any county, register in person as set forth in
subsection (a) or (a-5).
(c) The registration for any person required to register
under this Article shall be as follows:
(1) Any person registered under the Habitual Child Sex
Offender Registration Act or the Child Sex Offender
Registration Act prior to January 1, 1996, shall be deemed
initially registered as of January 1, 1996; however, this
shall not be construed to extend the duration of
registration set forth in Section 7.
(2) Except as provided in subsection (c)(4), any person
convicted or adjudicated prior to January 1, 1996, whose
liability for registration under Section 7 has not expired,
shall register in person prior to January 31, 1996.
(2.5) Except as provided in subsection (c)(4), any
person who has not been notified of his or her
responsibility to register shall be notified by a criminal
justice entity of his or her responsibility to register.

Upon notification the person must then register within 3
days of notification of his or her requirement to register.
If notification is not made within the offender's 10 year
registration requirement, and the Department of State
Police determines no evidence exists or indicates the
offender attempted to avoid registration, the offender
will no longer be required to register under this Act.
(3) Except as provided in subsection (c)(4), any person
convicted on or after January 1, 1996, shall register in
person within 3 days after the entry of the sentencing
order based upon his or her conviction.
(4) Any person unable to comply with the registration
requirements of this Article because he or she is confined,
institutionalized, or imprisoned in Illinois on or after
January 1, 1996, shall register in person within 3 days of
discharge, parole or release.
(5) The person shall provide positive identification
and documentation that substantiates proof of residence at
the registering address.
(6) The person shall pay a $100 initial registration
fee and a $100 annual renewal fee. The fees shall be used
by the registering agency for official purposes. The agency
shall establish procedures to document receipt and use of
the funds. The law enforcement agency having jurisdiction
may waive the registration fee if it determines that the
person is indigent and unable to pay the registration fee.

Thirty dollars for the initial registration fee and $30 of
the annual renewal fee shall be used by the registering
agency for official purposes. Ten dollars of the initial
registration fee and $10 of the annual fee shall be
deposited into the Sex Offender Management Board Fund under
Section 19 of the Sex Offender Management Board Act. Money
deposited into the Sex Offender Management Board Fund shall
be administered by the Sex Offender Management Board and
shall be used to fund practices endorsed or required by the
Sex Offender Management Board Act including but not limited
to sex offenders evaluation, treatment, or monitoring
programs that are or may be developed, as well as for
administrative costs, including staff, incurred by the
Board. Thirty dollars of the initial registration fee and
$30 of the annual renewal fee shall be deposited into the
Sex Offender Registration Fund and shall be used by the
Department of State Police to maintain and update the
Illinois State Police Sex Offender Registry. Thirty
dollars of the initial registration fee and $30 of the
annual renewal fee shall be deposited into the Attorney
General Sex Offender Awareness, Training, and Education
Fund. Moneys deposited into the Fund shall be used by the
Attorney General to administer the I-SORT program and to
alert and educate the public, victims, and witnesses of
their rights under various victim notification laws and for
training law enforcement agencies, State's Attorneys, and

medical providers of their legal duties concerning the
prosecution and investigation of sex offenses.
(d) Within 3 days after obtaining or changing employment
and, if employed on January 1, 2000, within 5 days after that
date, a person required to register under this Section must
report, in person to the law enforcement agency having
jurisdiction, the business name and address where he or she is
employed. If the person has multiple businesses or work
locations, every business and work location must be reported to
the law enforcement agency having jurisdiction.
(Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08;
95-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
8-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097,
eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11;
revised 9-2-10.)
(730 ILCS 150/6)
Sec. 6. Duty to report; change of address, school, or
employment; duty to inform. A person who has been adjudicated
to be sexually dangerous or is a sexually violent person and is
later released, or found to be no longer sexually dangerous or
no longer a sexually violent person and discharged, or
convicted of a violation of this Act after July 1, 2005, shall
report in person to the law enforcement agency with whom he or
she last registered no later than 90 days after the date of his
or her last registration and every 90 days thereafter and at

such other times at the request of the law enforcement agency
not to exceed 4 times a year. Such sexually dangerous or
sexually violent person must report all new or changed e-mail
addresses, all new or changed instant messaging identities, all
new or changed chat room identities, and all other new or
changed Internet communications identities that the sexually
dangerous or sexually violent person uses or plans to use, all
new or changed Uniform Resource Locators (URLs) registered or
used by the sexually dangerous or sexually violent person, and
all new or changed blogs and other Internet sites maintained by
the sexually dangerous or sexually violent person or to which
the sexually dangerous or sexually violent person has uploaded
any content or posted any messages or information. Any person
who lacks a fixed residence must report weekly, in person, to
the appropriate law enforcement agency where the sex offender
is located. Any other person who is required to register under
this Article shall report in person to the appropriate law
enforcement agency with whom he or she last registered within
one year from the date of last registration and every year
thereafter and at such other times at the request of the law
enforcement agency not to exceed 4 times a year. If any person
required to register under this Article lacks a fixed residence
or temporary domicile, he or she must notify, in person, the
agency of jurisdiction of his or her last known address within
3 days after ceasing to have a fixed residence and if the
offender leaves the last jurisdiction of residence, he or she,

must within 3 days after leaving register in person with the
new agency of jurisdiction. If any other person required to
register under this Article changes his or her residence
address, place of employment, telephone number, cellular
telephone number, or school, he or she shall report in person,
to the law enforcement agency with whom he or she last
registered, his or her new address, change in employment,
telephone number, cellular telephone number, or school, all new
or changed e-mail addresses, all new or changed instant
messaging identities, all new or changed chat room identities,
and all other new or changed Internet communications identities
that the sex offender uses or plans to use, all new or changed
Uniform Resource Locators (URLs) registered or used by the sex
offender, and all new or changed blogs and other Internet sites
maintained by the sex offender or to which the sex offender has
uploaded any content or posted any messages or information, and
register, in person, with the appropriate law enforcement
agency within the time period specified in Section 3. If the
sex offender is a child sex offender as defined in Section
11-9.3 or 11-9.4 of the Criminal Code of 1961, the sex offender
shall within 3 days after beginning to reside in a household
with a child under 18 years of age who is not his or her own
child, provided that his or her own child is not the victim of
the sex offense, report that information to the registering law
enforcement agency. The law enforcement agency shall, within 3
days of the reporting in person by the person required to

register under this Article, notify the Department of State
Police of the new place of residence, change in employment,
telephone number, cellular telephone number, or school.
If any person required to register under this Article
intends to establish a residence or employment outside of the
State of Illinois, at least 10 days before establishing that
residence or employment, he or she shall report in person to
the law enforcement agency with which he or she last registered
of his or her out-of-state intended residence or employment.
The law enforcement agency with which such person last
registered shall, within 3 days after the reporting in person
of the person required to register under this Article of an
address or employment change, notify the Department of State
Police. The Department of State Police shall forward such
information to the out-of-state law enforcement agency having
jurisdiction in the form and manner prescribed by the
Department of State Police.
(Source: P.A. 95-229, eff. 8-16-07; 95-331, eff. 8-21-07;
95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1094, eff.
1-1-11; 96-1104, eff. 1-1-11; revised 9-2-10.)
Section 570. The Child Murderer and Violent Offender
Against Youth Registration Act is amended by changing Section 5
as follows:
(730 ILCS 154/5)

Sec. 5. Definitions.
(a) As used in this Act, "violent offender against youth"
means any person who is:
(1) charged pursuant to Illinois law, or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law, with a
violent offense against youth set forth in subsection (b)
of this Section or the attempt to commit an included
violent offense against youth, and:
(A) is convicted of such offense or an attempt to
commit such offense; or
(B) is found not guilty by reason of insanity of
such offense or an attempt to commit such offense; or
(C) is found not guilty by reason of insanity
pursuant to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense or
an attempt to commit such offense; or
(D) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged commission
or attempted commission of such offense; or
(E) is found not guilty by reason of insanity
following a hearing conducted pursuant to a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to

subsection (c) of Section 104-25 of the Code of
Criminal Procedure of 1963 of such offense or of the
attempted commission of such offense; or
(F) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to
subsection (c) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged violation or
attempted commission of such offense; or
(2) adjudicated a juvenile delinquent as the result of
committing or attempting to commit an act which, if
committed by an adult, would constitute any of the offenses
specified in subsection (b) or (c-5) of this Section or a
violation of any substantially similar federal, Uniform
Code of Military Justice, sister state, or foreign country
law, or found guilty under Article V of the Juvenile Court
Act of 1987 of committing or attempting to commit an act
which, if committed by an adult, would constitute any of
the offenses specified in subsection (b) or (c-5) of this
Section or a violation of any substantially similar
federal, Uniform Code of Military Justice, sister state, or
foreign country law.
Convictions that result from or are connected with the same
act, or result from offenses committed at the same time, shall
be counted for the purpose of this Act as one conviction. Any

conviction set aside pursuant to law is not a conviction for
purposes of this Act.
For purposes of this Section, "convicted" shall have the
same meaning as "adjudicated". For the purposes of this Act, a
person who is defined as a violent offender against youth as a
result of being adjudicated a juvenile delinquent under
paragraph (2) of this subsection (a) upon attaining 17 years of
age shall be considered as having committed the violent offense
against youth on or after the 17th birthday of the violent
offender against youth. Registration of juveniles upon
attaining 17 years of age shall not extend the original
registration of 10 years from the date of conviction.
(b) As used in this Act, "violent offense against youth"
means:
(1) A violation of any of the following Sections of the
Criminal Code of 1961, when the victim is a person under 18
years of age and the offense was committed on or after
January 1, 1996:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
12-3.2 (domestic battery),
12-3.3 (aggravated domestic battery),
12-4 (aggravated battery),
12-4.1 (heinous battery),

12-4.3 (aggravated battery of a child),
12-4.4 (aggravated battery of an unborn child),
12-33 (ritualized abuse of a child).
An attempt to commit any of these offenses.
(2) First degree murder under Section 9-1 of the
Criminal Code of 1961, when the victim was a person under
18 years of age and the defendant was at least 17 years of
age at the time of the commission of the offense.
(3) Child abduction under paragraph (10) of subsection
(b) of Section 10-5 of the Criminal Code of 1961 committed
by luring or attempting to lure a child under the age of 16
into a motor vehicle, building, house trailer, or dwelling
place without the consent of the parent or lawful custodian
of the child for other than a lawful purpose and the
offense was committed on or after January 1, 1998.
(4) A violation or attempted violation of any of the
following Section Sections of the Criminal Code of 1961
when the offense was committed on or after July 1, 1999:
10-4 (forcible detention, if the victim is under 18
years of age).
(4.1) Involuntary manslaughter under Section 9-3 of
the Criminal Code of 1961 where baby shaking was the
proximate cause of death of the victim of the offense.
(4.2) Endangering the life or health of a child under
Section 12-21.6 of the Criminal Code of 1961 that results
in the death of the child where baby shaking was the

proximate cause of the death of the child.
(5) A violation of any former law of this State
substantially equivalent to any offense listed in this
subsection (b).
(c) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any offense
listed in subsections (b) and (c-5) of this Section shall
constitute a conviction for the purpose of this Act.
(c-5) A person at least 17 years of age at the time of the
commission of the offense who is convicted of first degree
murder under Section 9-1 of the Criminal Code of 1961, against
a person under 18 years of age, shall be required to register
for natural life. A conviction for an offense of federal,
Uniform Code of Military Justice, sister state, or foreign
country law that is substantially equivalent to any offense
listed in this subsection (c-5) shall constitute a conviction
for the purpose of this Act. This subsection (c-5) applies to a
person who committed the offense before June 1, 1996 only if
the person is incarcerated in an Illinois Department of
Corrections facility on August 20, 2004.
(d) As used in this Act, "law enforcement agency having
jurisdiction" means the Chief of Police in each of the
municipalities in which the violent offender against youth
expects to reside, work, or attend school (1) upon his or her
discharge, parole or release or (2) during the service of his

or her sentence of probation or conditional discharge, or the
Sheriff of the county, in the event no Police Chief exists or
if the offender intends to reside, work, or attend school in an
unincorporated area. "Law enforcement agency having
jurisdiction" includes the location where out-of-state
students attend school and where out-of-state employees are
employed or are otherwise required to register.
(e) As used in this Act, "supervising officer" means the
assigned Illinois Department of Corrections parole agent or
county probation officer.
(f) As used in this Act, "out-of-state student" means any
violent offender against youth who is enrolled in Illinois, on
a full-time or part-time basis, in any public or private
educational institution, including, but not limited to, any
secondary school, trade or professional institution, or
institution of higher learning.
(g) As used in this Act, "out-of-state employee" means any
violent offender against youth who works in Illinois,
regardless of whether the individual receives payment for
services performed, for a period of time of 10 or more days or
for an aggregate period of time of 30 or more days during any
calendar year. Persons who operate motor vehicles in the State
accrue one day of employment time for any portion of a day
spent in Illinois.
(h) As used in this Act, "school" means any public or
private educational institution, including, but not limited

to, any elementary or secondary school, trade or professional
institution, or institution of higher education.
(i) As used in this Act, "fixed residence" means any and
all places that a violent offender against youth resides for an
aggregate period of time of 5 or more days in a calendar year.
(j) As used in this Act, "baby shaking" means the vigorous
shaking of an infant or a young child that may result in
bleeding inside the head and cause one or more of the following
conditions: irreversible brain damage; blindness, retinal
hemorrhage, or eye damage; cerebral palsy; hearing loss; spinal
cord injury, including paralysis; seizures; learning
disability; central nervous system injury; closed head injury;
rib fracture; subdural hematoma; or death.
(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
revised 9-2-10.)
Section 575. The Code of Civil Procedure is amended by
changing Sections 15-1501.5, 15-1504.1, and 15-1508 as
follows:
(735 ILCS 5/15-1501.5)
Sec. 15-1501.5. Return from combat stay. In addition to any
rights and obligations provided under the federal
Servicemembers Service members Civil Relief Act, whenever it is
determined in a foreclosure proceeding that the mortgagor
defendant is a person who was deployed to a combat or combat

support posting while on active military duty and serving
overseas within the previous 12 months, the court must stay the
proceedings for a period of 90 days upon application to the
court by the mortgagor defendant. "Active military duty" means,
for purposes of this Section, service on active duty as a
member of the Armed Forces of the United States, the Illinois
National Guard, or any reserve component of the Armed Forces of
the United States.
(Source: P.A. 96-901, eff. 1-1-11; revised 9-16-10.)
(735 ILCS 5/15-1504.1)
Sec. 15-1504.1. Filing fee for Foreclosure Prevention
Program Fund.
(a) With respect to residential real estate, at the time of
the filing of a foreclosure complaint, the plaintiff shall pay
to the clerk of the court in which the foreclosure complaint is
filed a fee of $50 for deposit into the Foreclosure Prevention
Program Fund, a special fund created in the State treasury. The
clerk shall remit the fee to the State Treasurer as provided in
this Section to be expended for the purposes set forth in
Section 7.30 of the Illinois Housing Development Act. All fees
paid by plaintiffs to the clerk of the court as provided in
this Section shall be disbursed within 60 days after receipt by
the clerk of the court as follows: (i) 98% to the State
Treasurer for deposit into the Foreclosure Prevention
Counseling Program Fund, and (ii) 2% to the clerk of the court

for administrative expenses related to implementation of this
Section.
(b) Not later than March 1 of each year, the clerk of the
court shall submit to the Illinois Housing Development
Authority a report of the funds collected and remitted pursuant
to this Section during the preceding year.
(Source: P.A. 96-1419, eff. 10-1-10; revised 9-16-10.)
(735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508)
Sec. 15-1508. Report of Sale and Confirmation of Sale.
(a) Report. The person conducting the sale shall promptly
make a report to the court, which report shall include a copy
of all receipts and, if any, certificate of sale.
(b) Hearing. Upon motion and notice in accordance with
court rules applicable to motions generally, which motion shall
not be made prior to sale, the court shall conduct a hearing to
confirm the sale. Unless the court finds that (i) a notice
required in accordance with subsection (c) of Section 15-1507
was not given, (ii) the terms of sale were unconscionable,
(iii) the sale was conducted fraudulently, or (iv) that justice
was otherwise not done, the court shall then enter an order
confirming the sale. The confirmation order shall include a
name, address, and telephone number of the holder of the
certificate of sale or deed issued pursuant to that certificate
or, if no certificate or deed was issued, the purchaser, whom a
municipality or county may contact with concerns about the real

estate. The confirmation order may also:
(1) approve the mortgagee's fees and costs arising
between the entry of the judgment of foreclosure and the
confirmation hearing, those costs and fees to be allowable
to the same extent as provided in the note and mortgage and
in Section 15-1504;
(2) provide for a personal judgment against any party
for a deficiency; and
(3) determine the priority of the judgments of parties
who deferred proving the priority pursuant to subsection
(h) of Section 15-1506, but the court shall not defer
confirming the sale pending the determination of such
priority.
(b-5) Notice with respect to residential real estate. With
respect to residential real estate, the notice required under
subsection (b) of this Section shall be sent to the mortgagor
even if the mortgagor has previously been held in default. In
the event the mortgagor has filed an appearance, the notice
shall be sent to the address indicated on the appearance. In
all other cases, the notice shall be sent to the mortgagor at
the common address of the foreclosed property. The notice shall
be sent by first class mail. Unless the right to possession has
been previously terminated by the court, the notice shall
include the following language in 12-point boldface
capitalized type:
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO

REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
ILLINOIS MORTGAGE FORECLOSURE LAW.
(b-10) Notice of confirmation order sent to municipality or
county. A copy of the confirmation order required under
subsection (b) shall be sent to the municipality in which the
foreclosed property is located, or to the county within the
boundary of which the foreclosed property is located if the
foreclosed property is located in an unincorporated territory.
A municipality or county must clearly publish on its website a
single address to which such notice shall be sent. If a
municipality or county does not maintain a website, then the
municipality or county must publicly post in its main office a
single address to which such notice shall be sent. In the event
that a municipality or county has not complied with the
publication requirement in this subsection (b-10), then such
notice to the municipality or county shall be provided pursuant
to Section 2-211 of the Code of Civil Procedure.
(c) Failure to Give Notice. If any sale is held without
compliance with subsection (c) of Section 15-1507 of this
Article, any party entitled to the notice provided for in
paragraph (3) of that subsection (c) who was not so notified
may, by motion supported by affidavit made prior to
confirmation of such sale, ask the court which entered the
judgment to set aside the sale. Any such party shall guarantee
or secure by bond a bid equal to the successful bid at the

prior sale, unless the party seeking to set aside the sale is
the mortgagor, the real estate sold at the sale is residential
real estate, and the mortgagor occupies the residential real
estate at the time the motion is filed. In that event, no
guarantee or bond shall be required of the mortgagor. Any
subsequent sale is subject to the same notice requirement as
the original sale.
(d) Validity of Sale. Except as provided in subsection (c)
of Section 15-1508, no sale under this Article shall be held
invalid or be set aside because of any defect in the notice
thereof or in the publication of the same, or in the
proceedings of the officer conducting the sale, except upon
good cause shown in a hearing pursuant to subsection (b) of
Section 15-1508. At any time after a sale has occurred, any
party entitled to notice under paragraph (3) of subsection (c)
of Section 15-1507 may recover from the mortgagee any damages
caused by the mortgagee's failure to comply with such paragraph
(3). Any party who recovers damages in a judicial proceeding
brought under this subsection may also recover from the
mortgagee the reasonable expenses of litigation, including
reasonable attorney's fees.
(d-5) Making Home Affordable Program. The court that
entered the judgment shall set aside a sale held pursuant to
Section 15-1507, upon motion of the mortgagor at any time prior
to the confirmation of the sale, if the mortgagor proves by a
preponderance of the evidence that (i) the mortgagor has

applied for assistance under the Making Home Affordable Program
established by the United States Department of the Treasury
pursuant to the Emergency Economic Stabilization Act of 2008,
as amended by the American Recovery and Reinvestment Act of
2009, and (ii) the mortgaged real estate was sold in material
violation of the program's requirements for proceeding to a
judicial sale. The provisions of this subsection (d-5), except
for this sentence, shall become inoperative on January 1, 2013
for all actions filed under this Article after December 31,
2012, in which the mortgagor did not apply for assistance under
the Making Home Affordable Program on or before December 31,
2012.
(e) Deficiency Judgment. In any order confirming a sale
pursuant to the judgment of foreclosure, the court shall also
enter a personal judgment for deficiency against any party (i)
if otherwise authorized and (ii) to the extent requested in the
complaint and proven upon presentation of the report of sale in
accordance with Section 15-1508. Except as otherwise provided
in this Article, a judgment may be entered for any balance of
money that may be found due to the plaintiff, over and above
the proceeds of the sale or sales, and enforcement may be had
for the collection of such balance, the same as when the
judgment is solely for the payment of money. Such judgment may
be entered, or enforcement had, only in cases where personal
service has been had upon the persons personally liable for the
mortgage indebtedness, unless they have entered their

appearance in the foreclosure action.
(f) Satisfaction. Upon confirmation of the sale, the
judgment stands satisfied to the extent of the sale price less
expenses and costs. If the order confirming the sale includes a
deficiency judgment, the judgment shall become a lien in the
manner of any other judgment for the payment of money.
(g) The order confirming the sale shall include,
notwithstanding any previous orders awarding possession during
the pendency of the foreclosure, an award to the purchaser of
possession of the mortgaged real estate, as of the date 30 days
after the entry of the order, against the parties to the
foreclosure whose interests have been terminated.
An order of possession authorizing the removal of a person
from possession of the mortgaged real estate shall be entered
and enforced only against those persons personally named as
individuals in the complaint or the petition under subsection
(h) of Section 15-1701 and in the order of possession and shall
not be entered and enforced against any person who is only
generically described as an unknown owner or nonrecord claimant
or by another generic designation in the complaint.
Notwithstanding the preceding paragraph, the failure to
personally name, include, or seek an award of possession of the
mortgaged real estate against a person in the confirmation
order shall not abrogate any right that the purchaser may have
to possession of the mortgaged real estate and to maintain a
proceeding against that person for possession under Article 9

of this Code or subsection (h) of Section 15-1701; and
possession against a person who (1) has not been personally
named as a party to the foreclosure and (2) has not been
provided an opportunity to be heard in the foreclosure
proceeding may be sought only by maintaining a proceeding under
Article 9 of this Code or subsection (h) of Section 15-1701.
(Source: P.A. 95-826, eff. 8-14-08; 96-265, eff. 8-11-09;
96-856, eff. 3-1-10; 96-1245, eff. 7-23-10; revised 9-16-10.)
Section 580. The Eminent Domain Act is amended by changing
Section 15-5-15 as follows:
(735 ILCS 30/15-5-15)
Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
through 75. The following provisions of law may include express
grants of the power to acquire property by condemnation or
eminent domain:
(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
authorities; for public airport facilities.
(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
authorities; for removal of airport hazards.
(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
authorities; for reduction of the height of objects or
structures.
(70 ILCS 10/4); Interstate Airport Authorities Act; interstate

airport authorities; for general purposes.
(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
Act; Kankakee River Valley Area Airport Authority; for
acquisition of land for airports.
(70 ILCS 200/2-20); Civic Center Code; civic center
authorities; for grounds, centers, buildings, and parking.
(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
District Civic Center Authority; for grounds, centers,
buildings, and parking.
(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/60-30); Civic Center Code; Collinsville
Metropolitan Exposition, Auditorium and Office Building

Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/80-15); Civic Center Code; DuPage County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/120-25); Civic Center Code; Jefferson County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County

Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/165-35); Civic Center Code; Melrose Park
Metropolitan Exposition Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
Exposition, Auditorium and Office Building Authorities;
for general purposes.
(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center

Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/230-35); Civic Center Code; River Forest
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/255-20); Civic Center Code; Springfield
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.

(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/265-20); Civic Center Code; Vermilion County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/280-20); Civic Center Code; Will County
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
Act; Metropolitan Pier and Exposition Authority; for
general purposes, including quick-take power.
(70 ILCS 405/22.04); Soil and Water Conservation Districts Act;
soil and water conservation districts; for general
purposes.
(70 ILCS 410/10 and 410/12); Conservation District Act;
conservation districts; for open space, wildland, scenic
roadway, pathway, outdoor recreation, or other
conservation benefits.
(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
Redevelopment Commission Act; Chanute-Rantoul National

Aviation Center Redevelopment Commission; for general
purposes.
(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
Fort Sheridan Redevelopment Commission; for general
purposes or to carry out comprehensive or redevelopment
plans.
(70 ILCS 520/8); Southwestern Illinois Development Authority
Act; Southwestern Illinois Development Authority; for
general purposes, including quick-take power.
(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
drainage districts; for general purposes.
(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
corporate authorities; for construction and maintenance of
works.
(70 ILCS 705/10); Fire Protection District Act; fire protection
districts; for general purposes.
(70 ILCS 750/20); Flood Prevention District Act; flood
prevention districts; for general purposes.
(70 ILCS 805/6); Downstate Forest Preserve District Act;
certain forest preserve districts; for general purposes.
(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
certain forest preserve districts; for recreational and
cultural facilities.
(70 ILCS 810/8); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for general
purposes.

(70 ILCS 810/38); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for recreational
facilities.
(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
districts; for hospitals or hospital facilities.
(70 ILCS 915/3); Illinois Medical District Act; Illinois
Medical District Commission; for general purposes.
(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
Medical District Commission; quick-take power for the
Illinois State Police Forensic Science Laboratory
(obsolete).
(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
tuberculosis sanitarium districts; for tuberculosis
sanitariums.
(70 ILCS 925/20); Mid-Illinois Medical District Act;
Mid-Illinois Medical District; for general purposes.
(70 ILCS 930/20); Mid-America Medical District Act;
Mid-America Medical District Commission; for general
purposes.
(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
abatement districts; for general purposes.
(70 ILCS 1105/8); Museum District Act; museum districts; for
general purposes.
(70 ILCS 1205/7-1); Park District Code; park districts; for
streets and other purposes.
(70 ILCS 1205/8-1); Park District Code; park districts; for

parks.
(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
districts; for airports and landing fields.
(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
districts; for State land abutting public water and certain
access rights.
(70 ILCS 1205/11.1-3); Park District Code; park districts; for
harbors.
(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
park districts; for street widening.
(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control
Act; park districts; for parks, boulevards, driveways,
parkways, viaducts, bridges, or tunnels.
(70 ILCS 1250/2); Park Commissioners Street Control (1889) Act;
park districts; for boulevards or driveways.
(70 ILCS 1290/1); Park District Aquarium and Museum Act;
municipalities or park districts; for aquariums or
museums.
(70 ILCS 1305/2); Park District Airport Zoning Act; park
districts; for restriction of the height of structures.
(70 ILCS 1310/5); Park District Elevated Highway Act; park
districts; for elevated highways.
(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
District; for parks and other purposes.
(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
District; for parking lots or garages.

(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
District; for harbors.
(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
Act; Lincoln Park Commissioners; for land and interests in
land, including riparian rights.
(70 ILCS 1801/30); Alexander-Cairo Port District Act;
Alexander-Cairo Port District; for general purposes.
(70 ILCS 1805/8); Havana Regional Port District Act; Havana
Regional Port District; for general purposes.
(70 ILCS 1810/7); Illinois International Port District Act;
Illinois International Port District; for general
purposes.
(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
Illinois Valley Regional Port District; for general
purposes.
(70 ILCS 1820/4); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for removal of airport hazards or reduction of
the height of objects or structures.
(70 ILCS 1820/5); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for general purposes.
(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of airport hazards.
(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
Regional Port District; for reduction of the height of

objects or structures.
(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of hazards from ports
and terminals.
(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
Regional Port District; for general purposes.
(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for removal of hazards
from ports and terminals.
(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for general purposes.
(70 ILCS 1831/30); Massac-Metropolis Port District Act;
Massac-Metropolis Port District; for general purposes.
(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for removal of airport
hazards.
(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for reduction of the height
of objects or structures.
(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for general purposes.
(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
Regional Port District; for removal of airport hazards.
(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
Regional Port District; for reduction of the height of
objects or structures.

(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
Regional Port District; for general purposes.
(70 ILCS 1850/4); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for removal of airport
hazards or reduction of the height of objects or
structures.
(70 ILCS 1850/5); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for general purposes.
(70 ILCS 1855/4); Southwest Regional Port District Act;
Southwest Regional Port District; for removal of airport
hazards or reduction of the height of objects or
structures.
(70 ILCS 1855/5); Southwest Regional Port District Act;
Southwest Regional Port District; for general purposes.
(70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City
Regional Port District; for removal of airport hazards.
(70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City
Regional Port District; for the development of facilities.
(70 ILCS 1863/11); Upper Mississippi River International Port
District Act; Upper Mississippi River International Port
District; for general purposes.
(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
District; for removal of airport hazards.
(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
District; for restricting the height of objects or
structures.

(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
District; for the development of facilities.
(70 ILCS 1870/8); White County Port District Act; White County
Port District; for the development of facilities.
(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
Terminal Authority (Chicago); for general purposes.
(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
Act; Grand Avenue Railroad Relocation Authority; for
general purposes, including quick-take power (now
obsolete).
(70 ILCS 2105/9b); River Conservancy Districts Act; river
conservancy districts; for general purposes.
(70 ILCS 2105/10a); River Conservancy Districts Act; river
conservancy districts; for corporate purposes.
(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
districts; for corporate purposes.
(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
districts; for improvements and works.
(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
districts; for access to property.
(70 ILCS 2305/8); North Shore Sanitary District Act; North
Shore Sanitary District; for corporate purposes.
(70 ILCS 2305/15); North Shore Sanitary District Act; North
Shore Sanitary District; for improvements.
(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
District of Decatur; for carrying out agreements to sell,

convey, or disburse treated wastewater to a private entity.
(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
districts; for corporate purposes.
(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
districts; for improvements.
(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
1917; sanitary districts; for waterworks.
(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
districts; for public sewer and water utility treatment
works.
(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
Metropolitan Water Reclamation District; for corporate
purposes.
(70 ILCS 2605/16); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; quick-take
power for improvements.
(70 ILCS 2605/17); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for bridges.
(70 ILCS 2605/35); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for widening
and deepening a navigable stream.
(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
districts; for corporate purposes.

(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
districts; for improvements.
(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936;
sanitary districts; for drainage systems.
(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
districts; for water supply.
(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
districts; for waterworks.
(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
Metro-East Sanitary District; for corporate purposes.
(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
Metro-East Sanitary District; for access to property.
(70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary
districts; for sewerage systems.
(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
Illinois Sports Facilities Authority; quick-take power for
its corporate purposes (obsolete).
(70 ILCS 3405/16); Surface Water Protection District Act;
surface water protection districts; for corporate
purposes.
(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
Transit Authority; for transportation systems.
(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago

Transit Authority; for general purposes.
(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
Transit Authority; for general purposes, including
railroad property.
(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
local mass transit districts; for general purposes.
(70 ILCS 3615/2.13); Regional Transportation Authority Act;
Regional Transportation Authority; for general purposes.
(70 ILCS 3705/8 and 3705/12); Public Water District Act; public
water districts; for waterworks.
(70 ILCS 3705/23a); Public Water District Act; public water
districts; for sewerage properties.
(70 ILCS 3705/23e); Public Water District Act; public water
districts; for combined waterworks and sewerage systems.
(70 ILCS 3715/6); Water Authorities Act; water authorities; for
facilities to ensure adequate water supply.
(70 ILCS 3715/27); Water Authorities Act; water authorities;
for access to property.
(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
trustees; for library buildings.
(75 ILCS 16/30-55.80); Public Library District Act of 1991;
public library districts; for general purposes.
(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
authorities of city or park district, or board of park
commissioners; for free public library buildings.
(Source: P.A. 95-693, eff. 11-5-07; incorporates 96-838, eff.

12-16-09; 96-1000, eff. 7-2-10; incorporates 96-1015, eff.
7-8-10; revised 9-7-10.)
Section 585. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 11 as follows:
(740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
Sec. 11. Disclosure of records and communications. Records
and communications may be disclosed:
(i) in accordance with the provisions of the Abused and
Neglected Child Reporting Act, subsection (u) of Section 5
of the Children and Family Services Act, or Section 7.4 of
the Child Care Act of 1969;
(ii) when, and to the extent, a therapist, in his or
her sole discretion, determines that disclosure is
necessary to initiate or continue civil commitment or
involuntary treatment proceedings under the laws of this
State or to otherwise protect the recipient or other person
against a clear, imminent risk of serious physical or
mental injury or disease or death being inflicted upon the
recipient or by the recipient on himself or another;
(iii) when, and to the extent disclosure is, in the
sole discretion of the therapist, necessary to the
provision of emergency medical care to a recipient who is
unable to assert or waive his or her rights hereunder;

(iv) when disclosure is necessary to collect sums or
receive third party payment representing charges for
mental health or developmental disabilities services
provided by a therapist or agency to a recipient under
Chapter V of the Mental Health and Developmental
Disabilities Code or to transfer debts under the
Uncollected State Claims Act; however, disclosure shall be
limited to information needed to pursue collection, and the
information so disclosed shall not be used for any other
purposes nor shall it be redisclosed except in connection
with collection activities;
(v) when requested by a family member, the Department
of Human Services may assist in the location of the
interment site of a deceased recipient who is interred in a
cemetery established under Section 26 100-26 of the Mental
Health and Developmental Disabilities Administrative Act;
(vi) in judicial proceedings under Article VIII of
Chapter III and Article V of Chapter IV of the Mental
Health and Developmental Disabilities Code and proceedings
and investigations preliminary thereto, to the State's
Attorney for the county or residence of a person who is the
subject of such proceedings, or in which the person is
found, or in which the facility is located, to the attorney
representing the recipient in the judicial proceedings, to
any person or agency providing mental health services that
are the subject of the proceedings and to that person's or

agency's attorney, to any court personnel, including but
not limited to judges and circuit court clerks, and to a
guardian ad litem if one has been appointed by the court,
provided that the information so disclosed shall not be
utilized for any other purpose nor be redisclosed except in
connection with the proceedings or investigations;
(vii) when, and to the extent disclosure is necessary
to comply with the requirements of the Census Bureau in
taking the federal Decennial Census;
(viii) when, and to the extent, in the therapist's sole
discretion, disclosure is necessary to warn or protect a
specific individual against whom a recipient has made a
specific threat of violence where there exists a
therapist-recipient relationship or a special
recipient-individual relationship;
(ix) in accordance with the Sex Offender Registration
Act;
(x) in accordance with the Rights of Crime Victims and
Witnesses Act;
(xi) in accordance with Section 6 of the Abused and
Neglected Long Term Care Facility Residents Reporting Act;
and
(xii) in accordance with Section 55 of the Abuse of
Adults with Disabilities Intervention Act.
Any person, institution, or agency, under this Act,
participating in good faith in the making of a report under the

Abused and Neglected Child Reporting Act or in the disclosure
of records and communications under this Section, shall have
immunity from any liability, civil, criminal or otherwise, that
might result by reason of such action. For the purpose of any
proceeding, civil or criminal, arising out of a report or
disclosure under this Section, the good faith of any person,
institution, or agency so reporting or disclosing shall be
presumed.
(Source: P.A. 95-331, eff. 8-21-07; 96-466, eff. 8-14-09;
revised 9-16-10.)
Section 590. The Adoption Act is amended by changing
Section 18.1b as follows:
(750 ILCS 50/18.1b)
Sec. 18.1b. The Illinois Adoption Registry Application.
The Illinois Adoption Registry Application shall substantially
include the following:
(a) General Information. The Illinois Adoption Registry
Application shall include the space to provide Information
about the registrant including his or her surname, given name
or names, social security number (optional), mailing address,
home telephone number, gender, date and place of birth, and the
date of registration. If applicable and known to the
registrant, he or she may include the maiden surname of the
birth mother, any subsequent surnames of the birth mother, the

surname of the birth father, the given name or names of the
birth parents, the dates and places of birth of the birth
parents, the surname and given name or names of the adopted
person prior to adoption, the gender and date and place of
birth of the adopted or surrendered person, the name of the
adopted person following his or her adoption and the state and
county where the judgment of adoption was finalized.
(b) Medical Information Exchange Questionnaire. In
recognition of the importance of medical information and of
recent discoveries regarding the genetic origin of many medical
conditions and diseases all registrants shall be asked to
voluntarily complete a Medical Information Exchange
Questionnaire.
(1) For birth relatives, the Medical Information
Exchange Questionnaire shall include a comprehensive
check-list of medical conditions and diseases including
those of genetic origin. Birth relatives shall be asked to
indicate all genetically-inherited diseases and conditions
on this list which are known to exist in the adopted or
surrendered person's birth family at the time of
registration. In addition, all birth relatives shall be
apprised of the Registry's provisions for voluntarily
submitting information about their and their family's
medical histories on a confidential, ongoing basis.
(2) Adopted and surrendered persons and their adoptive
parents, legal guardians, adult children, and surviving

spouses shall be asked to indicate all
genetically-inherited diseases and medical conditions with
which the adopted or surrendered person or, if applicable,
his or her children have been diagnosed since birth.
(3) The Medical Information Exchange Questionnaire
shall include a space where the registrant may authorize
the release of the Medical Information Exchange
Questionnaire to specified registered parties and a
disclaimer informing registrants that the Department of
Public Health cannot guarantee the accuracy of medical
information exchanged through the Registry.
(c) Written statement. All registrants shall be given the
opportunity to voluntarily file a written statement with the
Registry. This statement shall be submitted in the space
provided. No written statement submitted to the Registry shall
include identifying information pertaining to any person other
than the registrant who submitted it. Any such identifying
information shall be redacted by the Department or returned for
removal of identifying information.
(d) Exchange of information. All registrants may indicate
their wishes regarding contact and the exchange of identifying
and/or medical information with any other registrant by
completing an Information Exchange Authorization or a Denial of
Information Exchange.
(1) Information Exchange Authorization. Adopted or
surrendered persons 21 years of age or over who are

interested in exchanging identifying and/or medical
information or would welcome contact with one or more of
their birth relatives; birth parents who are interested in
exchanging identifying and/or medical information or would
welcome contact with an adopted or surrendered person 21
years of age or over, or one or more of his or her adoptive
parents, legal guardians, adult children, or a surviving
spouse; birth siblings 21 years of age or over who were
adopted or surrendered and who are interested in exchanging
identifying and/or medical information or would welcome
contact with an adopted or surrendered person, or one or
more of his or her adoptive parents, legal guardians, adult
children, or a surviving spouse; birth siblings 21 years of
age or over who were not surrendered and who have submitted
proof of death for any common birth parent who did not file
a Denial of Information Exchange prior to his or her death,
and who are interested in exchanging identifying and/or
medical information or would welcome contact with an
adopted or surrendered person, or one or more of his or her
adoptive parents, legal guardians, adult children, or a
surviving spouse; birth aunts and birth uncles 21 years of
age or over who have submitted birth certificates for
themselves and a deceased birth parent naming at least one
common biological parent as well as proof of death for a
deceased birth parent and who are interested in exchanging
identifying and/or medical information or would welcome

contact with an adopted or surrendered person 21 years of
age or over, or one or more of his or her adoptive parents,
legal guardians, adult children or a surviving spouse;
adoptive parents or legal guardians of adopted or
surrendered persons under the age of 21 who are interested
in exchanging identifying and/or medical information or
would welcome contact with one or more of the adopted or
surrendered person's birth relatives; adoptive parents and
legal guardians of deceased adopted or surrendered persons
21 years of age or over who have submitted proof of death
for a deceased adopted or surrendered person who did not
file a Denial of Information Exchange prior to his or her
death and who are interested in exchanging identifying
and/or medical information or would welcome contact with
one or more of the adopted or surrendered person's birth
relatives; adult children of deceased adopted or
surrendered persons who have submitted a birth certificate
naming the adopted or surrendered person as their
biological parent and proof of death for an adopted or
surrendered person who did not file a Denial of Information
Exchange prior to his or her death; and surviving spouses
of deceased adopted or surrendered persons who have
submitted a marriage certificate naming an adopted or
surrendered person as their deceased wife or husband and
proof of death for an adopted or surrendered person who did
not file a Denial of Information Exchange prior to his or

her death and who are interested in exchanging identifying
and/or medical information or would welcome contact with
one or more of the adopted or surrendered person's birth
relatives may specify with whom they wish to exchange
identifying information by filing an Information Exchange
Authorization.
(2) Denial of Information Exchange. Adopted or
surrendered persons 21 years of age or over who do not wish
to exchange identifying information or establish contact
with one or more of their birth relatives may specify with
whom they do not wish to exchange identifying information
or do not wish to establish contact by filing a Denial of
Information Exchange. Birth relatives who do not wish to
establish contact with an adopted or surrendered person or
one or more of his or her adoptive parents, legal
guardians, or adult children may specify with whom they do
not wish to exchange identifying information or do not wish
to establish contact by filing a Denial of Information
Exchange. Birth parents who wish to prohibit the release of
their identifying information on the original birth
certificate released to an adult adopted or surrendered
person who was born after January 1, 1946, or to the
surviving adult child or surviving spouse of a deceased
adopted or surrendered person who was born after January 1,
1946, may do so by filing a Denial with the Registry on or
before December 31, 2010. As of January 1, 2011, birth

parents who wish to prohibit the release of identifying
information on the non-certified copy of the original birth
certificate released to an adult adopted surrendered
person or to the surviving adult child or surviving spouse
of a deceased adopted or surrendered person may do so by
selecting Option E on a Birth Parent Preference Form and
filing the Form with the Registry. Adoptive parents or
legal guardians of adopted or surrendered persons under the
age of 21 who do not wish to establish contact with one or
more of the adopted or surrendered person's birth relatives
may specify with whom they do not wish to exchange
identifying information by filing a Denial of Information
Exchange. Adoptive parents, adult children, and surviving
spouses of deceased adoptees who do not wish to exchange
identifying information or establish contact with one or
more of the adopted or surrendered person's birth relatives
may specify with whom they do not wish to exchange
identifying information or do not wish to establish contact
by filing a Denial of Information Exchange.
(3) Birth Parent Preference Form. Beginning January 1,
2011, birth parents who are eligible to register with the
Illinois Adoption Registry and Medical Information
Exchange and who wish to communicate their wishes regarding
contact and/or the release of their identifying
information on the non-certified copy of the original birth
certificate released to an adult adopted or surrendered

person or the surviving adult child or surviving spouse of
a deceased adopted or surrendered person who has requested
a copy of the adopted or surrendered person's original
birth certificate by filing a Request for a Non-Certified
Copy of an Original Birth Certificate pursuant to
subsection (e) of this Section, may file a Birth Parent
Preference Form with the Registry. All Birth Parent
Preference Forms on file with the Registry at the time of
receipt of a Request for a Non-Certified Copy of an
Original Birth Certificate from an adult adopted or
surrendered person or the surviving adult child or
surviving spouse of a deceased adopted or surrendered
person shall be forwarded to the relevant adopted or
surrendered person or surviving adult child or surviving
spouse of a deceased adopted or surrendered person along
with a non-certified copy of the adopted or surrendered
person's original birth certificate as outlined in
subsection (e) of this Section.
(e) Procedures for requesting a non-certified copy of an
original birth certificate by an adult adopted or surrendered
person or by a surviving adult child or surviving spouse of a
deceased adopted or surrendered person:
(1) On or after the effective date of this amendatory
Act of the 96th General Assembly, any adult adopted or
surrendered person who was born in Illinois prior to
January 1, 1946, may complete and file with the Registry a

Request for a Non-Certified Copy of an Original Birth
Certificate. The Registry shall provide such adult adopted
or surrendered person with an unaltered, non-certified
copy of his or her original birth certificate upon receipt
of the Request for a Non-Certified Copy of an Original
Birth Certificate. Additionally, in cases where an adopted
or surrendered person born in Illinois prior to January 1,
1946, is deceased, and one of his or her surviving adult
children or his or her surviving spouse has registered with
the Registry, he or she may complete and file with the
Registry a Request for a Non-Certified Copy of an Original
Birth Certificate. The Registry shall provide such
surviving adult child or surviving spouse with an
unaltered, non-certified copy of the adopted or
surrendered person's original birth certificate upon
receipt of the Request for a Non-Certified Copy of an
Original Birth Certificate.
(2) Beginning November 15, 2011, any adult adopted or
surrendered person who was born in Illinois on or after
January 1, 1946, may complete and file with the Registry a
Request for a Non-certified Copy of an Original Birth
Certificate. Additionally, in cases where the adopted or
surrendered person is deceased and one of his or her
surviving adult children or his or her surviving spouse has
registered with the Registry, he or she may complete and
file with the Registry a Request for a Non-Certified Copy

of an Original Birth Certificate. Upon receipt of such
request from an adult adopted or surrendered person or from
one of his or her surviving adult children or his or her
surviving spouse, the Registry shall:
(i) Determine if there is a Denial of Information
Exchange which was filed by a birth parent named on the
original birth certificate prior to January 1, 2011. If
a Denial was filed by a birth parent named on the
original birth certificate prior to January 1, 2011,
and there is no proof of death in the Registry file for
the birth parent who filed said Denial, the Registry
shall inform the requesting adult adopted or
surrendered person or the requesting surviving adult
child or surviving spouse of a deceased adopted or
surrendered person that they may receive a
non-certified copy of the original birth certificate
from which all identifying information pertaining to
the birth parent who filed the Denial has been
redacted. A requesting adult adopted or surrendered
person shall also be informed in writing of his or her
right to petition the court for the appointment of a
confidential intermediary pursuant to Section 18.3a of
this Act and, if applicable, to conduct a search
through an agency post-adoption search program once 5
years have elapsed since the birth parent filed the
Denial of Information Exchange with the Registry.

(ii) Determine if a birth parent named on the
original birth certificate has filed a Birth Parent
Preference Form. If one of the birth parents named on
the original birth certificate filed a Birth Parent
Preference Form and selected Option A, B, C, or D, the
Registry shall forward to the adult adopted or
surrendered person or to the surviving adult child or
surviving spouse of a deceased adopted or surrendered
person a copy of the Birth Parent Preference Form. If
one of the birth parents named on the original birth
certificate filed a Birth Parent Preference Form and
selected Option E, and there is no proof of death in
the Registry file for the birth parent who filed said
Birth Parent Preference Form, the Registry shall
inform the requesting adult adopted or surrendered
person or the requesting surviving adult child or
surviving spouse of a deceased adopted or surrendered
person that he or she may receive a non-certified copy
of the original birth certificate from which
identifying information pertaining to the birth parent
who completed the Birth Parent Preference Form has been
redacted per the birth parent's specifications on the
Form. The Registry shall forward to the adult adopted
or surrendered person or to the surviving adult child
or surviving spouse of a deceased adopted or
surrendered person a copy of the Birth Parent

Preference Form filed by the birth parent from which
identifying information has been redacted per the
birth parent's specifications on the Form. The
requesting adult adopted or surrendered person shall
also be informed in writing of his or her right to
petition the court for the appointment of a
confidential intermediary pursuant to Section 18.3a of
this Act, and, if applicable, to conduct a search
through an agency post-adoption search program once 5
years have elapsed since the birth parent filed the
Birth Parent Preference Form, on which Option E was
selected, with the Registry.
(iii) Determine if a birth parent named on the
original birth certificate has filed an Information
Exchange Authorization.
(iv) If the Registry has confirmed that a
requesting adult adopted or surrendered person or the
parent of a requesting adult child of a deceased
adopted or surrendered person or the husband or wife of
a requesting surviving spouse was not the object of a
Denial of Information Exchange filed by a birth parent
on or before December 31, 2010, and that no birth
parent named on the original birth certificate has
filed a Birth Parent Preference Form where Option E was
selected prior to the receipt of a Request for a
Non-Certified Copy of an Original Birth Certificate,

the Registry shall provide the adult adopted or
surrendered person or his or her surviving adult child
or surviving spouse with an unaltered non-certified
copy of the adopted or surrendered person's original
birth certificate.
(3) In cases where the Registry receives a Birth Parent
Preference Form from a birth parent subsequent to the
release of the non-certified copy of the original birth
certificate to an adult adopted or surrendered person or to
the surviving adult child or surviving spouse of a deceased
adopted or surrendered person, the Birth Parent Preference
Form shall be immediately forwarded to the adult adopted or
surrendered person or to the surviving adult child or
surviving spouse of the deceased adopted or surrendered
person and the birth parent who filed the form shall be
informed that the relevant original birth certificate has
already been released.
(4) A copy of the original birth certificate shall only
be released to adopted or surrendered persons who were born
in Illinois; to surviving adult children or surviving
spouses of deceased adopted or surrendered persons who were
born in Illinois; or to 2 registered parties who have both
consented to the release of a non-certified copy of the
original birth certificate to one another through the
Registry when the birth of the relevant adopted or
surrendered person took place in Illinois.

(5) In cases where the Registry receives a Request for
a Non-Certified Copy of an Original Birth Certificate from
an adult adopted or surrendered person who has not
completed a Registry application and the file of that
adopted or surrendered person includes an Information
Exchange Authorization or Medical Information Exchange
Questionnaire from one or more of his or her birth
relatives, the Registry shall so inform the adult adopted
or surrendered person and forward Registry application
forms to him or her along with a non-certified copy of the
original birth certificate consistent with the procedures
outlined in this subsection (e).
(6) In cases where a birth parent registered with the
Registry and filed a Medical Information Exchange
Questionnaire prior to the effective date of this
amendatory Act of the 96th General Assembly but gave no
indication as to his or her wishes regarding contact or the
sharing of identifying information, the Registry shall
contact the birth parent by written letter prior to January
1, 2011, and provide him or her with the opportunity to
indicate his or her preference regarding contact and the
sharing of identifying information by submitting a Birth
Parent Preference Form to the Registry prior to November 1,
2011.
(7) In cases where the Registry cannot locate a copy of
the original birth certificate in the Registry file, they

shall be authorized to request a copy of the original birth
certificate from the Illinois county where the birth took
place for placement in the Registry file.
(8) Adopted and surrendered persons who wish to have
their names placed with the Illinois Adoption Registry and
Medical Information Exchange may do so by completing a
Registry application at any time, but completing a Registry
application shall not be required for adopted and
surrendered persons who seek only to obtain a copy of their
original birth certificate or any relevant Birth Parent
Preference Forms through the Registry.
(9) In cases where a birth parent filed a Denial of
Information Exchange with the Registry prior to January 1,
2011, or filed a Birth Parent Preference Form with the
Registry and selected Option E after January 1, 2011, and a
proof of death for the birth parent who filed the Denial or
the Birth Parent Preference Form has been filed with the
Registry by either a confidential intermediary or a
surviving relative of the deceased birth parent, the
Registry shall be authorized to release an unaltered
non-certified copy of the original birth certificate to an
adult adopted or surrendered person or to the surviving
adult child or surviving spouse of a deceased adopted or
surrendered person who has filed a Request for a
Non-Certified Copy of the Original Birth Certificate with
the Registry.

(10) On and after the effective date of this amendatory
Act of the 96th General Assembly, in cases where all birth
parents named on the original birth certificate of an
adopted or surrendered person born after January 1, 1946,
are deceased and copies of death certificates for all birth
parents named on the original birth certificate have been
filed with the Registry by either a confidential
intermediary or a surviving relative of the deceased birth
parent, the Registry shall be authorized to release a
non-certified copy of the original birth certificate to the
adopted or surrendered person upon receipt of his or her
Request for a Non-Certified Copy of an Original Birth
Certificate.
(f) A registrant may complete all or any part of the
Illinois Adoption Registry Application. All Illinois Adoption
Registry Applications, Information Exchange Authorizations,
Denials of Information Exchange, requests to revoke an
Information Exchange Authorization or Denial of Information
Exchange, and affidavits submitted to the Registry shall be
accompanied by proof of identification. .
(Source: P.A. 96-895, eff. 5-21-10; revised 9-2-10.)
Section 595. The Disposition of Remains Act is amended by
changing Section 5 as follows:
(755 ILCS 65/5)

Sec. 5. Right to control disposition; priority. Unless a
decedent has left directions in writing for the disposition or
designated an agent to direct the disposition of the decedent's
remains as provided in Section 65 of the Crematory Regulation
Act or in subsection (a) of Section 40 of this Act, the
following persons, in the priority listed, have the right to
control the disposition, including cremation, of the
decedent's remains and are liable for the reasonable costs of
the disposition:
(1) the person designated in a written instrument that
satisfies the provisions of Sections 10 and 15 of this Act;
(2) any person serving as executor or legal
representative of the decedent's estate and acting
according to the decedent's written instructions contained
in the decedent's will;
(3) the individual who was the spouse of the decedent
at the time of the decedent's death;
(4) the sole surviving competent adult child of the
decedent, or if there is more than one surviving competent
adult child of the decedent, the majority of the surviving
competent adult children; however, less than one-half of
the surviving adult children shall be vested with the
rights and duties of this Section if they have used
reasonable efforts to notify all other surviving competent
adult children of their instructions and are not aware of
any opposition to those instructions on the part of more

than one-half of all surviving competent adult children;
(5) the surviving competent parents of the decedent; if
one of the surviving competent parents is absent, the
remaining competent parent shall be vested with the rights
and duties of this Act after reasonable efforts have been
unsuccessful in locating the absent surviving competent
parent;
(6) the surviving competent adult person or persons
respectively in the next degrees of kindred or, if there is
more than one surviving competent adult person of the same
degree of kindred, the majority of those persons; less than
the majority of surviving competent adult persons of the
same degree of kindred shall be vested with the rights and
duties of this Act if those persons have used reasonable
efforts to notify all other surviving competent adult
persons of the same degree of kindred of their instructions
and are not aware of any opposition to those instructions
on the part of one-half or more of all surviving competent
adult persons of the same degree of kindred;
(7) in the case of indigents or any other individuals
whose final disposition is the responsibility of the State
or any of its instrumentalities, a public administrator,
medical examiner, coroner, State appointed guardian, or
any other public official charged with arranging the final
disposition of the decedent;
(8) in the case of individuals who have donated their

bodies to science, or whose death occurred in a nursing
home or other private institution, who have executed
cremation authorization forms under Section 65 of the
Crematory Regulation Act and the institution is charged
with making arrangements for the final disposition of the
decedent, a representative of the institution; or
(9) any other person or organization that is willing to
assume legal and financial responsibility.
As used in Section, "adult" means any individual who has
reached his or her eighteenth birthday.
Notwithstanding Nothwithstanding provisions to the
contrary, in the case of decedents who die while serving as
members of the United States Armed Forces, the Illinois
National Guard, or the United States Reserved Forces, as
defined in Section 1481 of Title 10 of the United States Code,
and who have executed the required U.S. Department of Defense
Record of Emergency Data Form (DD Form 93), or successor form,
the person designated in such form to direct disposition of the
decedent's remains shall have the right to control the
disposition, including cremation, of the decedent's remains.
(Source: P.A. 96-1243, eff. 7-23-10; revised 9-16-10.)
Section 600. The Illinois Human Rights Act is amended by
changing Section 6-101 as follows:
(775 ILCS 5/6-101) (from Ch. 68, par. 6-101)

Sec. 6-101. Additional Civil Rights Violations. It is a
civil rights violation for a person, or for two or more persons
to conspire, to:
(A) Retaliation. Retaliate against a person because he
or she has opposed that which he or she reasonably and in
good faith believes to be unlawful discrimination, sexual
harassment in employment or sexual harassment in
elementary, secondary, and higher education,
discrimination based on citizenship status in employment,
or because he or she has made a charge, filed a complaint,
testified, assisted, or participated in an investigation,
proceeding, or hearing under this Act;
(B) Aiding and Abetting; Coercion. Aid, abet, compel or
coerce a person to commit any violation of this Act;
(C) Interference. Wilfully interfere with the
performance of a duty or the exercise of a power by the
Commission or one of its members or representatives or the
Department or one of its officers or employees.
(D) Definitions. For the purposes of this Section, "sexual
harassment" and "citizenship status" shall have the same
meaning as defined in Section 2-101 of this Act.
(Source: P.A. 96-1319, eff. 7-27-10; revised 9-27-10.)
Section 605. The Business Corporation Act of 1983 is
amended by changing Section 5.05 as follows:

(805 ILCS 5/5.05) (from Ch. 32, par. 5.05)
Sec. 5.05. Registered office and registered agent. Each
domestic corporation and each foreign corporation having
authority to transact business in this State shall have and
continuously maintain in this State:
(a) A registered office which may be, but need not be,
the same as its place of business in this State.
(b) A registered agent, which agent may be either an
individual, resident in this State, whose business office
is identical with such registered office, or a domestic or
foreign corporation, limited liability company, limited
partnership, or limited liability partnership authorized
to transact business in this State that is authorized by
its statement of purpose to act as such agent, having a
business office identical with such registered office.
(c) The address, including street and number, or rural
route number, of the initial registered office, and the
name of the initial registered agent of each corporation
organized under this Act shall be stated in its articles of
incorporation; and of each foreign corporation shall be
stated in its application for authority to transact
business in this State.
(d) In the event of dissolution of a corporation, either
voluntary, administrative, or judicial, the registered agent
and the registered office of the corporation on record with the
Secretary of State on the date of the issuance of the

certificate or judgment of dissolution shall be an agent of the
corporation upon whom claims can be served or service of
process can be had during the 5-year, five year
post-dissolution period provided in Section 12.80 of this Act,
unless such agent resigns or the corporation properly reports a
change of registered office or registered agent.
(e) In the event of revocation of the authority of a
foreign corporation to transact business in this State, the
registered agent and the registered office of the corporation
on record with the Secretary of State on the date of the
issuance of the certificate of revocation shall be an agent of
the corporation upon whom claims can be served or service of
process can be had, unless such agent resigns.
(Source: P.A. 96-988, eff. 7-2-10; revised 9-16-10.)
Section 610. The Professional Service Corporation Act is
amended by changing Section 3 as follows:
(805 ILCS 10/3) (from Ch. 32, par. 415-3)
Sec. 3. In this Act the terms defined in the Sections
following this Section and preceding Section 4 Sections 3.1
through 3.5 have the meanings ascribed to them in those
Sections unless a contrary meaning is clear from the context.
(Source: P.A. 76-1283; revised 9-16-10.)
Section 615. The Consumer Fraud and Deceptive Business

Practices Act is amended by changing Sections 2Z and 2DDD and
by setting forth and renumbering multiple versions of Section
2III as follows:
(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
Sec. 2Z. Violations of other Acts. Any person who knowingly
violates the Automotive Repair Act, the Automotive Collision
Repair Act, the Home Repair and Remodeling Act, the Dance
Studio Act, the Physical Fitness Services Act, the Hearing
Instrument Consumer Protection Act, the Illinois Union Label
Act, the Job Referral and Job Listing Services Consumer
Protection Act, the Travel Promotion Consumer Protection Act,
the Credit Services Organizations Act, the Automatic Telephone
Dialers Act, the Pay-Per-Call Services Consumer Protection
Act, the Telephone Solicitations Act, the Illinois Funeral or
Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales
Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
Internet Caller Identification Act, paragraph (6) of
subsection (k) of Section 6-305 of the Illinois Vehicle Code,
Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
or 18d-153 of the Illinois Vehicle Code, Article 3 of the
Residential Real Property Disclosure Act, the Automatic

Contract Renewal Act, or the Personal Information Protection
Act commits an unlawful practice within the meaning of this
Act.
(Source: P.A. 95-413, eff. 1-1-08; 95-562, eff. 7-1-08; 95-876,
eff. 8-21-08; 96-863, eff. 1-19-10; 96-1369, eff. 1-1-11;
96-1376, eff. 7-29-10; revised 9-2-10.)
(815 ILCS 505/2DDD)
Sec. 2DDD. Alternative gas suppliers.
(a) Definitions.
(1) "Alternative gas supplier" has the same meaning as
in Section 19-105 of the Public Utilities Act.
(2) "Gas utility" has the same meaning as in Section
19-105 of the Public Utilities Act.
(b) It is an unfair or deceptive act or practice within the
meaning of Section 2 of this Act for any person to violate any
provision of this Section.
(c) Solicitation.
(1) An alternative gas supplier shall not misrepresent
the affiliation of any alternative supplier with the gas
utility, governmental bodies, or consumer groups.
(2) If any sales solicitation, agreement, contract, or
verification is translated into another language and
provided to a customer, all of the documents must be
provided to the customer in that other language.
(3) An alternative gas supplier shall clearly and

conspicuously disclose the following information to all
customers:
(A) the prices, terms, and conditions of the
products and services being sold to the customer;
(B) where the solicitation occurs in person,
including through door-to-door solicitation, the
salesperson's name;
(C) the alternative gas supplier's contact
information, including the address, phone number, and
website;
(D) contact information for the Illinois Commerce
Commission, including the toll-free number for
consumer complaints and website;
(E) a statement of the customer's right to rescind
the offer within 10 business days of the date on the
utility's notice confirming the customer's decision to
switch suppliers, as well as phone numbers for the
supplier and utility that the consumer may use to
rescind the contract; and
(F) the amount of the early termination fee, if
any.
(4) Except as provided in paragraph (5) of this
subsection (c), an alternative gas supplier shall send the
information described in paragraph (3) of this subsection
(c) to all customers within one business day of the
authorization of a switch.

(5) An alternative gas supplier engaging in
door-to-door solicitation of consumers shall provide the
information described in paragraph (3) of this subsection
(c) during all door-to-door solicitations that result in a
customer deciding to switch their supplier.
(d) Customer Authorization. An alternative gas supplier
shall not submit or execute a change in a customer's selection
of a natural gas provider unless and until (i) the alternative
gas supplier first discloses all material terms and conditions
of the offer to the customer; (ii) the alternative gas supplier
has obtained the customer's express agreement to accept the
offer after the disclosure of all material terms and conditions
of the offer; and (iii) the alternative gas supplier has
confirmed the request for a change in accordance with one of
the following procedures:
(1) The alternative gas supplier has obtained the
customer's written or electronically signed authorization
in a form that meets the following requirements:
(A) An alternative gas supplier shall obtain any
necessary written or electronically signed
authorization from a customer for a change in natural
gas service by using a letter of agency as specified in
this Section. Any letter of agency that does not
conform with this Section is invalid.
(B) The letter of agency shall be a separate
document (or an easily separable document containing

only the authorization language described in item (E)
of this paragraph (1)) whose sole purpose is to
authorize a natural gas provider change. The letter of
agency must be signed and dated by the customer
requesting the natural gas provider change.
(C) The letter of agency shall not be combined with
inducements of any kind on the same document.
(D) Notwithstanding items (A) and (B) of this
paragraph (1), the letter of agency may be combined
with checks that contain only the required letter of
agency language prescribed in item (E) of this
paragraph (1) and the necessary information to make the
check a negotiable instrument. The letter of agency
check shall not contain any promotional language or
material. The letter of agency check shall contain in
easily readable, bold face type on the face of the
check, a notice that the consumer is authorizing a
natural gas provider change by signing the check. The
letter of agency language also shall be placed near the
signature line on the back of the check.
(E) At a minimum, the letter of agency must be
printed with a print of sufficient size to be clearly
legible, and must contain clear and unambiguous
language that confirms:
(i) the customer's billing name and address;
(ii) the decision to change the natural gas

provider from the current provider to the
prospective alternative gas supplier;
(iii) the terms, conditions, and nature of the
service to be provided to the customer, including,
but not limited to, the rates for the service
contracted for by the customer; and
(iv) that the customer understands that any
natural gas provider selection the customer
chooses may involve a charge to the customer for
changing the customer's natural gas provider.
(F) Letters of agency shall not suggest or require
that a customer take some action in order to retain the
customer's current natural gas provider.
(G) If any portion of a letter of agency is
translated into another language, then all portions of
the letter of agency must be translated into that
language.
(2) An appropriately qualified independent third party
has obtained, in accordance with the procedures set forth
in this paragraph (2), the customer's oral authorization to
change natural gas providers that confirms and includes
appropriate verification data. The independent third party
must (i) not be owned, managed, controlled, or directed by
the alternative gas supplier or the alternative gas
supplier's marketing agent; (ii) not have any financial
incentive to confirm provider change requests for the

alternative gas supplier or the alternative gas supplier's
marketing agent; and (iii) operate in a location physically
separate from the alternative gas supplier or the
alternative gas supplier's marketing agent. Automated
third-party verification systems and 3-way conference
calls may be used for verification purposes so long as the
other requirements of this paragraph (2) are satisfied. A
alternative gas supplier or alternative gas supplier's
sales representative initiating a 3-way conference call or
a call through an automated verification system must drop
off the call once the 3-way connection has been
established. All third-party verification methods shall
elicit, at a minimum, the following information:
(A) the identity of the customer;
(B) confirmation that the person on the call is
authorized to make the provider change;
(C) confirmation that the person on the call wants
to make the provider change;
(D) the names of the providers affected by the
change;
(E) the service address of the service to be
switched; and
(F) the price of the service to be provided and the
material terms and conditions of the service being
offered, including whether any early termination fees
apply.

Third-party verifiers may not market the alternative
gas supplier's services. All third-party verifications
shall be conducted in the same language that was used in
the underlying sales transaction and shall be recorded in
their entirety. Submitting alternative gas suppliers shall
maintain and preserve audio records of verification of
customer authorization for a minimum period of 2 years
after obtaining the verification. Automated systems must
provide customers with an option to speak with a live
person at any time during the call.
(3) The alternative gas supplier has obtained the
customer's electronic authorization to change in natural
gas service via telephone. Such authorization must elicit
the information in paragraph (2)(A) through (F) of this
subsection (d). Alternative gas suppliers electing to
confirm sales electronically shall establish one or more
toll-free telephone numbers exclusively for that purpose.
Calls to the number or numbers shall will connect a
customer to a voice response unit, or similar mechanism,
that makes a date-stamped, time-stamped recording of the
required information regarding the alternative gas
supplier change.
The alternative gas supplier shall not use such
electronic authorization systems to market its services.
(4) When a consumer initiates the call to the
prospective alternative gas supplier, in order to enroll

the consumer as a customer, the prospective alternative gas
supplier must, with the consent of the customer, make a
date-stamped, time-stamped audio recording that elicits,
at a minimum, the following information:
(A) the identity of the customer;
(B) confirmation that the person on the call is
authorized to make the provider change;
(C) confirmation that the person on the call wants
to make the provider change;
(D) the names of the providers affected by the
change;
(E) the service address of the service to be
switched; and
(F) the price of the service to be supplied and the
material terms and conditions of the service being
offered, including whether any early termination fees
apply.
Submitting alternative gas suppliers shall maintain
and preserve the audio records containing the information
set forth above for a minimum period of 2 years.
(5) In the event that a customer enrolls for service
from an alternative gas supplier via an Internet website,
the alternative gas supplier shall obtain an
electronically signed letter of agency in accordance with
paragraph (1) of this subsection (d) and any customer
information shall be protected in accordance with all

applicable statutes and rules. In addition, an alternative
gas supplier shall provide the following when marketing via
an Internet website:
(A) The Internet enrollment website shall, at a
minimum, include:
(i) a copy of the alternative gas supplier's
customer contract, which clearly and conspicuously
discloses all terms and conditions; and
(ii) a conspicuous prompt for the customer to
print or save a copy of the contract.
(B) Any electronic version of the contract shall be
identified by version number, in order to ensure the
ability to verify the particular contract to which the
customer assents.
(C) Throughout the duration of the alternative gas
supplier's contract with a customer, the alternative
gas supplier shall retain and, within 3 business days
of the customer's request, provide to the customer an
e-mail, paper, or facsimile of the terms and conditions
of the numbered contract version to which the customer
assents.
(D) The alternative gas supplier shall provide a
mechanism by which both the submission and receipt of
the electronic letter of agency are recorded by time
and date.
(E) After the customer completes the electronic

letter of agency, the alternative gas supplier shall
disclose conspicuously through its website that the
customer has been enrolled and the alternative gas
supplier shall provide the customer an enrollment
confirmation number.
(6) When a customer is solicited in person by the
alternative gas supplier's sales agent, the alternative
gas supplier may only obtain the customer's authorization
to change natural gas service through the method provided
for in paragraph (2) of this subsection (d).
Alternative gas suppliers must be in compliance with the
provisions of this subsection (d) within 90 days after the
effective date of this amendatory Act of the 95th General
Assembly.
(e) Early Termination.
(1) Any agreement that contains an early termination
clause shall disclose the amount of the early termination
fee, provided that any early termination fee or penalty
shall not exceed $50 total, regardless of whether or not
the agreement is a multiyear agreement.
(2) In any agreement that contains an early termination
clause, an alternative gas supplier shall provide the
customer the opportunity to terminate the agreement
without any termination fee or penalty within 10 business
days after the date of the first bill issued to the
customer for products or services provided by the

alternative gas supplier. The agreement shall disclose the
opportunity and provide a toll-free phone number that the
customer may call in order to terminate the agreement.
(f) The alternative gas supplier shall provide each
customer the opportunity to rescind its agreement without
penalty within 10 business days after the date on the gas
utility notice to the customer. The alternative gas supplier
shall disclose to the customer all of the following:
(1) that the gas utility shall send a notice confirming
the switch;
(2) that from the date the utility issues the notice
confirming the switch, the customer shall have 10 business
days before the switch will become effective;
(3) that the customer may contact the gas utility or
the alternative gas supplier to rescind the switch within
10 business days; and
(4) the contact information for the gas utility and the
alternative gas supplier.
The alternative gas supplier disclosure shall be included
in its sales solicitations, contracts, and all applicable sales
verification scripts.
(g) The provisions of this Section shall apply only to
alternative gas suppliers serving or seeking to serve
residential and small commercial customers and only to the
extent such alternative gas suppliers provide services to
residential and small commercial customers.

(Source: P.A. 95-1051, eff. 4-10-09; revised 9-16-10.)
(815 ILCS 505/2III)
Sec. 2III. Seller's shipments of similar merchandise to
consumer. If a consumer purchases merchandise, it is an
unlawful practice under this Act for the seller of the
merchandise to periodically send and debit the consumer's
account for shipments of similar merchandise, unless the
consumer has agreed, by express request or consent, to receive
such periodic shipments of merchandise. The seller must clearly
and conspicuously disclose any minimum purchase requirement
and how the consumer may cancel periodic shipments.
(Source: P.A. 96-1306, eff. 7-27-10.)
(815 ILCS 505/2JJJ)
Sec. 2JJJ 2III. Violations of the Debt Settlement Consumer
Protection Act. Any person who violates the Debt Settlement
Consumer Protection Act commits an unlawful practice within the
meaning of this Act.
(Source: P.A. 96-1420, eff. 8-3-10; revised 9-24-10.)
Section 620. The Illinois Equipment Fair Dealership Law is
amended by changing Section 7 as follows:
(815 ILCS 715/7) (from Ch. 5, par. 1507)
Sec. 7. The provisions of this Act shall not require the

repurchase from a retailer of:
(1) Any repair part which has a limited storage life
and is in a deteriorated condition;
(2) Any repair part which is in a broken or damaged
package;
(3) Any single repair part which is priced as a set of
two or more items;
(4) Any repair part which because of its condition is
not resalable as a new part without repackaging or
reconditioning;
(5) Any inventory for which the retailer is unable to
furnish evidence, satisfactory to the wholesaler,
manufacturer or distributor, of title, free and clear of
all claims, liens and encumbrances;
(6) Any inventory which the retailer desires to keep,
provided the retailer has a contractual right to do so;
(7) Any outdoor power equipment including but not
limited to all-terrain vehicles or off-highway
motorcycles, farm implements, farm machinery, attachments
and accessories, construction equipment, industrial
equipment, attachments and accessories which are not in
new, unused, undamaged, or complete condition;
(8) Any repair parts which are not in new, unused, or
undamaged condition;
(9) Any outdoor power equipment including but not
limited to all-terrain vehicles or off-highway

motorcycles, farm implements, farm machinery, attachments
or accessories, construction equipment, industrial
equipment, attachments or accessories which were purchased
24 months or more prior to notice of termination of the
contract;
(10) Any inventory which was ordered by the retailer on
or after the date of notification of termination of the
contract;
(11) Any inventory which was acquired by the retailer
from any source other than the wholesaler, manufacturer or
distributor; .
(12) Any repair parts not listed in the manufacturers'
current price list in effect at date of notice of
termination or classified as obsolete by the manufacturer.
However, this exception to the repurchase requirement
shall apply only if the wholesaler, manufacturer or
distributor provided the retailer with the opportunity to
return the parts prior to notice of termination of the
dealership.
(Source: P.A. 96-1155, eff. 7-21-10; revised 9-27-10.)
Section 625. The Employee Blood Donation Leave Act is
amended by changing Section 3 as follows:
(820 ILCS 149/3)
Sec. 3. Purpose. This Act is intended to provide time off

with pay to allow employees of units of local government
governments, boards of election commissioners, or private
employers in the State of Illinois to donate blood.
(Source: P.A. 94-33, eff. 1-1-06; revised 9-16-10.)
Section 995. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 996. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance