Bill Text: IL HB2994 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Creates the First 2013 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: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0463 [HB2994 Detail]

Download: Illinois-2013-HB2994-Chaptered.html

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Public Act 098-0463
HB2994 Enrolled LRB098 06184 AMC 36225 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 2013 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 In certain cases in which a repealed Act or Section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incorporate amendments to the repealed Act or Section into the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 97-626 through 97-1144 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 Illinois Constitutional Amendment Act is
amended by changing Sections 1 and 2 as follows:
(5 ILCS 20/1) (from Ch. 1, par. 101)
Sec. 1. Amendments to the Constitution of this State may be
proposed by joint resolution in either house of the General
Assembly, and if the same shall be voted for by 3/5 of all the
members elected to each of the 2 houses in the manner provided
by Section 2 of Article XIV 14 of the Constitution, the
amendment or amendments proposed shall be submitted to the
electors of this State for adoption or rejection in the manner
hereinafter provided.
(Source: P.A. 77-2790; revised 10-10-12.)
(5 ILCS 20/2) (from Ch. 1, par. 103)
Sec. 2. The General Assembly in submitting an amendment to
the Constitution to the electors, or the proponents of an

amendment to Article IV of the Constitution submitted by
petition, shall prepare a brief explanation of such amendment,
a brief argument in favor of the same, and the form in which
such amendment will appear on the separate ballot as provided
by Section 16-6 of the Election Code "An Act concerning
elections", approved May 11, 1943, as amended. The minority of
the General Assembly, or if there is no minority, anyone
designated by the General Assembly shall prepare a brief
argument against such amendment. In the case of an amendment to
Article IV of the Constitution initiated pursuant to Section 3
of Article XIV of the Constitution, the proponents shall be
those persons so designated at the time of the filing of the
petition as provided in Section 10-8 of the Election Code, and
the opponents shall be those members of the General Assembly
opposing such amendment, or if there are none, anyone
designated by the General Assembly and such opponents shall
prepare a brief argument against such amendment. The
proponent's explanation and argument in favor of and the
opponents argument against an amendment to Article IV initiated
by petition must be submitted to the Attorney General, who may
rewrite them for accuracy and fairness. The explanation, the
arguments for and against each constitutional amendment, and
the form in which the amendment will appear on the separate
ballot, shall be filed in the office of the Secretary of State
with the proposed amendment. At least one 1 month before the
next election of members of the General Assembly, following the

passage of the proposed amendment, the Secretary of State shall
publish the amendment, in full in 8 point type, or the
equivalent thereto, in at least one secular newspaper of
general circulation in every county in this State in which a
newspaper is published. In counties in which 2 or more
newspapers are published, the Secretary of State shall cause
such amendment to be published in 2 newspapers. In counties
having a population of 500,000 or more, such amendment shall be
published in not less than 6 newspapers of general circulation.
After the first publication, the publication of such amendment
shall be repeated once each week for 2 consecutive weeks. In
selecting newspapers in which to publish such amendment the
Secretary of State shall have regard solely to the circulation
of such newspapers, selecting secular newspapers in every case
having the largest circulation. The proposed amendment shall
have a notice prefixed thereto in said publications, that at
such election the proposed amendment will be submitted to the
electors for adoption or rejection, and at the end of the
official publication, he shall also publish the form in which
the proposed amendment will appear on the separate ballot. The
Secretary of State shall fix the publication fees to be paid
newspapers for making such publication, but in no case shall
such publication fee exceed the amount charged by such
newspapers to private individuals for a like publication. In
addition to the notice hereby required to be published, the
Secretary of State shall also cause the existing form of the

constitutional provision proposed to be amended, the proposed
amendment, the explanation of the same, the arguments for and
against the same, and the form in which such amendment will
appear on the separate ballot, to be published in pamphlet form
in 8 point type or the equivalent thereto; and the Secretary of
State shall mail such pamphlet to every mailing address in the
State, addressed to the attention of the Postal Patron. He
shall also maintain a reasonable supply of such pamphlets so as
to make them available to any person requesting one.
(Source: P.A. 86-795; revised 10-10-12.)
Section 10. The Regulatory Sunset Act is amended by
changing Section 4.23 as follows:
(5 ILCS 80/4.23)
Sec. 4.23. Act Section repealed on January 1, 2013 and
December 31, 2013. (a) The following Section of an Act is
repealed on January 1, 2013: (b) The following Act is Acts and
Sections are repealed on December 31, 2013:
The Medical Practice Act of 1987.
(Source: P.A. 96-1499, eff. 1-18-11; 97-706, eff. 6-25-12;
97-778, eff. 7-13-12; 97-804, eff. 1-1-13; 97-979, eff.
8-17-12; 97-1048, eff. 8-22-12; 97-1130, eff. 8-28-12;
97-1139, eff. 12-28-12; 97-1140, eff. 12-28-12; 97-1141, eff.
12-28-12.)

Section 15. The Illinois Administrative Procedure Act is
amended by changing Sections 1-5 and 5-45 as follows:
(5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
Sec. 1-5. Applicability.
(a) This Act applies to every agency as defined in this
Act. Beginning January 1, 1978, in case of conflict between the
provisions of this Act and the Act creating or conferring power
on an agency, this Act shall control. If, however, an agency
(or its predecessor in the case of an agency that has been
consolidated or reorganized) has existing procedures on July 1,
1977, specifically for contested cases or licensing, those
existing provisions control, except that this exception
respecting contested cases and licensing does not apply if the
Act creating or conferring power on the agency adopts by
express reference the provisions of this Act. Where the Act
creating or conferring power on an agency establishes
administrative procedures not covered by this Act, those
procedures shall remain in effect.
(b) The provisions of this Act do not apply to (i)
preliminary hearings, investigations, or practices where no
final determinations affecting State funding are made by the
State Board of Education, (ii) legal opinions issued under
Section 2-3.7 of the School Code, (iii) as to State colleges
and universities, their disciplinary and grievance
proceedings, academic irregularity and capricious grading

proceedings, and admission standards and procedures, and (iv)
the class specifications for positions and individual position
descriptions prepared and maintained under the Personnel Code.
Those class specifications shall, however, be made reasonably
available to the public for inspection and copying. The
provisions of this Act do not apply to hearings under Section
20 of the Uniform Disposition of Unclaimed Property Act.
(c) Section 5-35 of this Act relating to procedures for
rulemaking does not apply to the following:
(1) Rules adopted by the Pollution Control Board that,
in accordance with Section 7.2 of the Environmental
Protection Act, are identical in substance to federal
regulations or amendments to those regulations
implementing the following: Sections 3001, 3002, 3003,
3004, 3005, and 9003 of the Solid Waste Disposal Act;
Section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980; Sections 307(b),
307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
Water Pollution Control Act; Sections 1412(b), 1414(c),
1417(a), 1421, and 1445(a) of the Safe Drinking Water Act;
and Section 109 of the Clean Air Act.
(2) Rules adopted by the Pollution Control Board that
establish or amend standards for the emission of
hydrocarbons and carbon monoxide from gasoline powered
motor vehicles subject to inspection under the Vehicle
Emissions Inspection Law of 2005 or its predecessor laws.

(3) Procedural rules adopted by the Pollution Control
Board governing requests for exceptions under Section 14.2
of the Environmental Protection Act.
(4) The Pollution Control Board's grant, pursuant to an
adjudicatory determination, of an adjusted standard for
persons who can justify an adjustment consistent with
subsection (a) of Section 27 of the Environmental
Protection Act.
(5) Rules adopted by the Pollution Control Board that
are identical in substance to the regulations adopted by
the Office of the State Fire Marshal under clause (ii) of
paragraph (b) of subsection (3) of Section 2 of the
Gasoline Storage Act.
(d) Pay rates established under Section 8a of the Personnel
Code shall be amended or repealed pursuant to the process set
forth in Section 5-50 within 30 days after it becomes necessary
to do so due to a conflict between the rates and the terms of a
collective bargaining agreement covering the compensation of
an employee subject to that Code.
(e) Section 10-45 of this Act shall not apply to any
hearing, proceeding, or investigation conducted under Section
13-515 of the Public Utilities Act.
(f) Article 10 of this Act does not apply to any hearing,
proceeding, or investigation conducted by the State Council for
the State of Illinois created under Section 3-3-11.05 of the
Unified Code of Corrections or by the Interstate Commission for

Adult Offender Supervision created under the Interstate
Compact for Adult Offender Supervision or by the Interstate
Commission for Juveniles created under the Interstate Compact
for Juveniles.
(g) This Act is subject to the provisions of Article XXI of
the Public Utilities Act. To the extent that any provision of
this Act conflicts with the provisions of that Article XXI, the
provisions of that Article XXI control.
(Source: P.A. 97-95, eff. 7-12-11; 97-945, eff. 8-10-12;
97-1081, eff. 8-24-12; revised 9-20-12.)
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable

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

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

emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2000 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (e). The adoption of emergency rules authorized by
this subsection (e) shall be deemed to be necessary for the
public interest, safety, and welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2001 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (f). The adoption of emergency rules authorized by
this subsection (f) shall be deemed to be necessary for the
public interest, safety, and welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative

for fiscal year 2002 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (g). The adoption of emergency rules authorized by
this subsection (g) shall be deemed to be necessary for the
public interest, safety, and welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2003 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (h). The adoption of emergency rules authorized by
this subsection (h) shall be deemed to be necessary for the
public interest, safety, and welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of this amendatory
Act of the 93rd General Assembly or any other budget initiative
for fiscal year 2004 may be adopted in accordance with this
Section by the agency charged with administering that provision

or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (i). The adoption of emergency rules authorized by
this subsection (i) shall be deemed to be necessary for the
public interest, safety, and welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of this
amendatory Act of the 94th General Assembly or any other budget

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

this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of this
amendatory Act of the 96th General Assembly or any other budget
initiative authorized by the 96th General Assembly for fiscal
year 2010 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative. The adoption of emergency rules authorized by this
subsection (n) shall be deemed to be necessary for the public
interest, safety, and welfare. The rulemaking authority
granted in this subsection (n) shall apply only to rules

promulgated during Fiscal Year 2010.
(o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of this
amendatory Act of the 96th General Assembly or any other budget
initiative authorized by the 96th General Assembly for fiscal
year 2011 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative. The adoption of emergency rules authorized by this
subsection (o) is deemed to be necessary for the public
interest, safety, and welfare. The rulemaking authority
granted in this subsection (o) applies only to rules
promulgated on or after the effective date of this amendatory
Act of the 96th General Assembly through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689 this
amendatory Act of the 97th General Assembly, emergency rules to
implement any provision of Public Act 97-689 this amendatory
Act of the 97th General Assembly may be adopted in accordance
with this subsection (p) by the agency charged with
administering that provision or initiative. The 150-day
limitation of the effective period of emergency rules does not
apply to rules adopted under this subsection (p), and the
effective period may continue through June 30, 2013. The
24-month limitation on the adoption of emergency rules does not
apply to rules adopted under this subsection (p). The adoption

of emergency rules authorized by this subsection (p) is deemed
to be necessary for the public interest, safety, and welfare.
(Source: P.A. 96-45, eff. 7-15-09; 96-958, eff. 7-1-10;
96-1500, eff. 1-18-11; 97-689, eff. 6-14-12; 97-695, eff.
7-1-12; revised 7-10-12.)
Section 20. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases

maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information.
The disclosure of information that bears on the public
duties of public employees and officials shall not be
considered an invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the extent
that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative

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

(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections if those materials are available
in the library of the correctional facility where the
inmate is confined.
(e-6) Records requested by persons committed to the
Department of Corrections if those materials include
records from staff members' personnel files, staff
rosters, or other staffing assignment information.
(e-7) Records requested by persons committed to the
Department of Corrections if those materials are available
through an administrative request to the Department of
Corrections.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are

expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension fund,
from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as
a result of either investing or evaluating a potential
investment of public funds in a private equity fund. The
exemption contained in this item does not apply to the
aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or

general partners. The exemption contained in this item does
not apply to the identity of a privately held company
within the investment portfolio of a private equity fund,
unless the disclosure of the identity of a privately held
company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by news
media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or

legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including but not limited to power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,

but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication of
employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including but
not limited to software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the

security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self

insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to be
used to create electronic or digital signatures under the
Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, or to

tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power Agency
Act and Section 16-111.5 of the Public Utilities Act that
is determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.

(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Public Aid Code or (ii)
that pertain to appeals under Section 11-8 of the Public
Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a

public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 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; 97-333, eff.
8-12-11; 97-385, eff. 8-15-11; 97-452, eff. 8-19-11; 97-783,
eff. 7-13-12; 97-813, eff. 7-13-12; 97-847, eff. 9-22-12;
97-1065, eff. 8-24-12; 97-1129, eff. 8-28-12; revised
9-20-12.)
Section 25. The Election Code is amended by changing
Sections 7-43, 10-10.5, and 17-21 as follows:
(10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
Sec. 7-43. Every person having resided in this State 6
months and in the precinct 30 days next preceding any primary
therein who shall be a citizen of the United States of the age
of 18 or more years, shall be entitled to vote at such primary.

The following regulations shall be applicable to
primaries:
No person shall be entitled to vote at a primary:
(a) Unless he declares his party affiliations as
required by this Article.
(b) (Blank.).
(c) (Blank.).
(c.5) If that person has participated in the town
political party caucus, under Section 45-50 of the
Township Code, of another political party by signing an
affidavit of voters attending the caucus within 45 days
before the first day of the calendar month in which the
primary is held.
(d) (Blank.).
(e) In cities, villages and incorporated towns having a
board of election commissioners only voters registered as
provided by Article 6 of this Act shall be entitled to vote
at such primary.
(f) No person shall be entitled to vote at a primary
unless he is registered under the provisions of Articles 4,
5 or 6 of this Act, when his registration is required by
any of said Articles to entitle him to vote at the election
with reference to which the primary is held.
A person (i) who filed a statement of candidacy for a
partisan office as a qualified primary voter of an established
political party or (ii) who voted the ballot of an established

political party at a general primary election may not file a
statement of candidacy as a candidate of a different
established political party or as an independent candidate for
a partisan office to be filled at the general election
immediately following the general primary for which the person
filed the statement or voted the ballot. A person may file a
statement of candidacy for a partisan office as a qualified
primary voter of an established political party regardless of
any prior filing of candidacy for a partisan office or voting
the ballot of an established political party at any prior
election.
(Source: P.A. 97-681, eff. 3-30-12; revised 8-3-12.)
(10 ILCS 5/10-10.5)
Sec. 10-10.5. Removal of judicial officer's address
information from the certificate of nomination or nomination
papers.
(a) Upon expiration of the period for filing an objection
to a judicial candidate's certificate of nomination or
nomination papers, a judicial officer who is a judicial
candidate may file a written request with the State Board of
Elections for redaction of the judicial officer's home address
information from his or her certificate of nomination or
nomination papers. After receipt of the judicial officer's
written request, the State Board of Elections shall redact or
cause redaction of the judicial officer's home address from his

or her certificate of nomination or nomination papers within 5
business days.
(b) Prior to expiration of the period for filing an
objection to a judicial candidate's certificate of nomination
or nomination papers, the home address information from the
certificate of nomination or nomination papers of a judicial
officer who is a judicial candidate is available for public
inspection. After redaction of a judicial officer's home
address information under paragraph (a) of this Section, the
home address information is only available for an in camera
inspection by the court reviewing an objection to the judicial
officer's officers's certificate of nomination or nomination
papers.
(c) For the purposes of this Section, "home address" has
the meaning as defined in Section 1-10 of the Judicial Privacy
Act.
(Source: P.A. 97-847, eff. 9-22-12; revised 8-3-12.)
(10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
Sec. 17-21. When the votes shall have been examined and
counted, the judges shall set down on a sheet or return form to
be supplied to them, the name of every person voted for,
written or printed at full length, the office for which such
person received such votes, and the number he did receive and
such additional information as is necessary to complete, as
nearly as circumstances will admit, the following form, to-wit:

TALLY SHEET AND CERTIFICATE OF
RESULTS
We do hereby certify that at the .... election held in the
precinct hereinafter (general or special) specified on (insert
date) the .... day of ...., in the year of our Lord, one
thousand nine hundred and ...., a total of .... voters
requested and received ballots and we do further certify:
Number of blank ballots delivered to us ....
Number of absentee ballots delivered to us ....
Total number of ballots delivered to us ....
Number of blank and spoiled ballots returned.
(1) Total number of ballots cast (in box)....
.... Defective and Objected To ballots sealed in envelope
(2) .... Total number of ballots cast (in box)
Line (2) equals line (1)
We further certify that each of the candidates for
representative in the General Assembly received the number of
votes ascribed to him on the separate tally sheet.
We further certify that each candidate received the number
of votes set forth opposite his name or in the box containing
his name on the tally sheet contained in the page or pages
immediately following our signatures.
The undersigned actually served as judges and counted the
ballots at the election on the .... day of .... in the ....
precinct of the (1) *township of ...., or (2) *City of ...., or
(3) *.... ward in the city of .... and the polls were opened at

6:00 A.M. and closed at 7:00 P.M. Certified by us.
*Fill in either (1), (2) or (3)
A B, ....(Address)
C D, ....(Address)
E F, ....(Address)
G H, ....(Address)
I J, ....(Address)
Each tally sheet shall be in substantially one of the
following forms:
-------------------------------------------------------------
Candidate's
Name of Candidates Total
office Names Vote 5 10 15 20
---
United John Smith 77 11
States
Senator
---
---
Names of candidates
Name of and total vote
office for each 5 10 15 20
---
For United John Smith
States

Senator
Total Vote..................
---
(Source: P.A. 89-700, eff. 1-17-97; revised 10-17-12.)
Section 30. The Illinois Identification Card Act is amended
by changing Sections 4, 5, and 11 as follows:
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification Card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof, or who applies for a standard Illinois Identification
Card upon release as a committed person on parole, mandatory
supervised release, final discharge, or pardon from the
Department of Corrections by submitting an identification card
issued by the Department of Corrections under Section 3-14-1 of
the Unified Code of Corrections, together with the prescribed
fees. No identification card shall be issued to any person who
holds a valid foreign state identification card, license, or
permit unless the person first surrenders to the Secretary of
State the valid foreign state identification card, license, or
permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and signature
or mark of the applicant. However, the Secretary of State may

provide by rule for the issuance of Illinois Identification
Cards without photographs if the applicant has a bona fide
religious objection to being photographed or to the display of
his or her photograph. The Illinois Identification Card may be
used for identification purposes in any lawful situation only
by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-10) If the applicant is a judicial officer as defined in
Section 1-10 of the Judicial Privacy Act, the applicant may
elect to have his or her office or work address listed on the
card instead of the applicant's residence or mailing address.
The Secretary may promulgate rules to implement this provision.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois Person
with a Disability Identification Card, to any natural person

who is a resident of the State of Illinois, who is a person
with a disability as defined in Section 4A of this Act, who
applies for such card, or renewal thereof. No Illinois Person
with a Disability Identification Card shall be issued to any
person who holds a valid foreign state identification card,
license, or permit unless the person first surrenders to the
Secretary of State the valid foreign state identification card,
license, or permit. The Secretary of State shall charge no fee
to issue such card. The card shall be prepared and supplied by
the Secretary of State, and shall include a photograph and
signature or mark of the applicant, a designation indicating
that the card is an Illinois Person with a Disability
Identification Card, and shall include a comprehensible
designation of the type and classification of the applicant's
disability as set out in Section 4A of this Act. However, the
Secretary of State may provide by rule for the issuance of
Illinois Disabled Person with a Disability Identification
Cards without photographs if the applicant has a bona fide
religious objection to being photographed or to the display of
his or her photograph. If the applicant so requests, the card
shall include a description of the applicant's disability and
any information about the applicant's disability or medical
history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. If a mark is used
in lieu of a signature, such mark shall be affixed to the card
in the presence of two witnesses who attest to the authenticity

of the mark. The Illinois Person with a Disability
Identification Card may be used for identification purposes in
any lawful situation by the person to whom it was issued.
The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant who has been delegated
the authority to make this determination by his or her
supervising physician, a determination of disability from an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this determination, or any
other documentation of disability whenever any State law
requires that a disabled person provide such documentation of
disability, however an Illinois Person with a Disability
Identification Card shall not qualify the cardholder to
participate in any program or to receive any benefit which is
not available to all persons with like disabilities.
Notwithstanding any other provisions of law, an Illinois Person
with a Disability Identification Card, or evidence that the
Secretary of State has issued an Illinois Person with a
Disability Identification Card, shall not be used by any person
other than the person named on such card to prove that the
person named on such card is a disabled person or for any other
purpose unless the card is used for the benefit of the person
named on such card, and the person named on such card consents

to such use at the time the card is so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Person with a Disability
Identification Card.
When medical information is contained on an Illinois Person
with a Disability Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
(c) The Secretary of State shall provide that each original
or renewal Illinois Identification Card or Illinois Person with
a Disability Identification Card issued to a person under the
age of 21, shall be of a distinct nature from those Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards issued to individuals 21 years of age or
older. The color designated for Illinois Identification Cards
or Illinois Person with a Disability Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
(c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date
upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
(c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of

ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State in
identifying these veterans and delivering these vital services
and benefits, the Secretary of State is authorized to issue
Illinois Identification Cards and Illinois Disabled Person
with a Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
(c-5) Beginning on or before July 1, 2015, the Secretary of
State shall designate a space on each original or renewal
identification card where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available

at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification Card
or Illinois Person with a Disability Identification Card.
(Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09;
96-1231, eff. 7-23-10; 97-371, eff. 1-1-12; 97-739, eff.
1-1-13; 97-847, eff. 1-1-13; 97-1064, eff. 1-1-13; revised
9-5-12.)
(15 ILCS 335/5) (from Ch. 124, par. 25)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of
Illinois, may file an application for an identification card,
or for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the
applicant in full and shall set forth the legal name, residence
address and zip code, social security number, birth date, sex
and a brief description of the applicant. The applicant shall

be photographed, unless the Secretary of State has provided by
rule for the issuance of identification cards without
photographs and the applicant is deemed eligible for an
identification card without a photograph under the terms and
conditions imposed by the Secretary of State, and he or she
shall also submit any other information as the Secretary may
deem necessary or such documentation as the Secretary may
require to determine the identity of the applicant. In addition
to the residence address, the Secretary may allow the applicant
to provide a mailing address. If the applicant is a judicial
officer as defined in Section 1-10 of the Judicial Privacy Act,
the applicant may elect to have his or her office or work
address in lieu of the applicant's residence or mailing
address. An applicant for an Illinois Person with a Disability
Identification Card must also submit with each original or
renewal application, on forms prescribed by the Secretary, such
documentation as the Secretary may require, establishing that
the applicant is a "person with a disability" as defined in
Section 4A of this Act, and setting forth the applicant's type
and class of disability as set forth in Section 4A of this Act.
(b) Beginning on or before July 1, 2015, for each original
or renewal identification card application under this Act, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing an identification card with a
veteran designation under subsection (c-5) of Section 4 of this
Act. The acceptable forms of proof shall include, but are not

limited to, Department of Defense form DD-214. The Secretary
shall determine by rule what other forms of proof of a person's
status as a veteran are acceptable.
The Illinois Department of Veterans' Affairs shall confirm
the status of the applicant as an honorably discharged veteran
before the Secretary may issue the identification card.
For purposes of this subsection (b):
"Active duty" means active duty under 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.
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit called to active duty.
"Veteran" means a person who has served on active duty in
the armed forces and was discharged or separated under
honorable conditions.
(Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12;
97-739, eff. 1-1-13; 97-847, eff. 1-1-13; 97-1064, eff. 1-1-13;
revised 9-5-12.)
(15 ILCS 335/11) (from Ch. 124, par. 31)
Sec. 11. The Secretary may make a search of his records and
furnish information as to whether a person has a current
Standard Illinois Identification Card or an Illinois Person
with a Disability Identification Card then on file, upon
receipt of a written application therefor accompanied with the

prescribed fee. However, the Secretary may not disclose medical
information concerning an individual to any person, public
agency, private agency, corporation or governmental body
unless the individual has submitted a written request for the
information or unless the individual has given prior written
consent for the release of the information to a specific person
or entity. This exception shall not apply to: (1) offices and
employees of the Secretary who have a need to know the medical
information in performance of their official duties, or (2)
orders of a court of competent jurisdiction. When medical
information is disclosed by the Secretary in accordance with
the provisions of this Section, no liability shall rest with
the Office of the Secretary of State as the information is
released for informational purposes only.
The Secretary may release personally identifying
information or highly restricted personal information only to:
(1) officers and employees of the Secretary who have a
need to know that information;
(2) other governmental agencies for use in their
official governmental functions;
(3) law enforcement agencies that need the information
for a criminal or civil investigation; or
(4) any entity that the Secretary has authorized, by
rule, to receive this information.
The Secretary may not disclose an individual's social
security number or any associated information obtained from the

Social Security Administration without the written request or
consent of the individual except: (i) to officers and employees
of the Secretary who have a need to know the social security
number in the performance of their official duties; (ii) to law
enforcement officials for a lawful civil or criminal law
enforcement investigation if the head of the law enforcement
agency has made a written request to the Secretary specifying
the law enforcement investigation for which the social security
number is being sought; (iii) under a lawful court order signed
by a judge; or (iv) to the Illinois Department of Veterans'
Affairs for the purpose of confirming veteran status.
(Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13;
revised 9-5-12.)
Section 35. The State Comptroller Act is amended by
changing Sections 9.03 and 10.05 as follows:
(15 ILCS 405/9.03) (from Ch. 15, par. 209.03)
Sec. 9.03. Direct deposit of State payments.
(a) The Comptroller, with the approval of the State
Treasurer, may provide by rule or regulation for the direct
deposit of any payment lawfully payable from the State Treasury
and in accordance with federal banking regulations including
but not limited to payments to (i) persons paid from personal
services, (ii) persons receiving benefit payments from the
Comptroller under the State pension systems, (iii) individuals

who receive assistance under Articles III, IV, and VI of the
Illinois Public Aid Code, (iv) providers of services under the
Mental Health and Developmental Disabilities Administrative
Act, (v) providers of community-based mental health services,
and (vi) providers of services under programs administered by
the State Board of Education, in the accounts of those persons
or entities maintained at a bank, savings and loan association,
or credit union, where authorized by the payee. The Comptroller
also may deposit public aid payments for individuals who
receive assistance under Articles III, IV, VI, and X of the
Illinois Public Aid Code directly into an electronic benefits
transfer account in a financial institution approved by the
State Treasurer as prescribed by the Illinois Department of
Human Services and in accordance with the rules and regulations
of that Department and the rules and regulations adopted by the
Comptroller and the State Treasurer. The Comptroller, with the
approval of the State Treasurer, may provide by rule for the
electronic direct deposit of payments to public agencies and
any other payee of the State. The electronic direct deposits
may be made to the designated account in those financial
institutions specified in this Section for the direct deposit
of payments. Within 6 months after the effective date of this
amendatory Act of 1994, the Comptroller shall establish a pilot
program for the electronic direct deposit of payments to local
school districts, municipalities, and units of local
government. The payments may be made without the use of the

voucher-warrant system, provided that documentation of
approval by the Treasurer of each group of payments made by
direct deposit shall be retained by the Comptroller. The form
and method of the Treasurer's approval shall be established by
the rules or regulations adopted by the Comptroller under this
Section.
(b) Except as provided in subsection (b-5), all State
payments for an employee's payroll or an employee's expense
reimbursement must be made through direct deposit. It is the
responsibility of the paying State agency to ensure compliance
with this mandate. If a State agency pays an employee's payroll
or an employee's expense reimbursement without using direct
deposit, the Comptroller may charge that employee a processing
fee of $2.50 per paper warrant. The processing fee may be
withheld from the employee's payment or reimbursement. The
amount collected from the fee shall be deposited into the
Comptroller's Administrative Fund.
(b-5) If an employee wants his or her their payments
deposited into a secure check account, the employee must submit
a direct deposit form to the paying State agency for his or her
their payroll or to the Comptroller for his or her their
expense reimbursements. Upon acceptance of the direct deposit
form, the Comptroller shall disburse those funds to the secure
check account. For the purposes of this Section, "secure check
account" means an account established with a financial
institution for the employee that allows the dispensing of the

funds in the account through a third party who dispenses to the
employee a paper check.
(c) All State payments to a vendor that exceed the
allowable limit of paper warrants in a fiscal year, by the same
agency, must be made through direct deposit. It is the
responsibility of the paying State agency to ensure compliance
with this mandate. If a State agency pays a vendor more times
than the allowable limit in a single fiscal year without using
direct deposit, the Comptroller may charge the vendor a
processing fee of $2.50 per paper warrant. The processing fee
may be withheld from the vendor's payment. The amount collected
from the processing fee shall be deposited into the
Comptroller's Administrative Fund. The Office of the
Comptroller shall define "allowable limit" in the
Comptroller's Statewide Accounting Management System (SAMS)
manual, except that the allowable limit shall not be less than
30 paper warrants. The Office of the Comptroller shall also
provide reasonable notice to all State agencies of the
allowable limit of paper warrants.
(d) State employees covered by provisions in collective
bargaining agreements that do not require direct deposit of
paychecks are exempt from this mandate. No later than 60 days
after the effective date of this amendatory Act of the 97th
General Assembly, all State agencies must provide to the Office
of the Comptroller a list of employees that are exempt under
this subsection (d) from the direct deposit mandate. In

addition, a State employee or vendor may file a hardship
petition with the Office of the Comptroller requesting an
exemption from the direct deposit mandate under this Section. A
hardship petition shall be made available for download on the
Comptroller's official Internet website.
(e) Notwithstanding any provision of law to the contrary,
the direct deposit of State payments under this Section for an
employee's payroll, an employee's expense reimbursement, or a
State vendor's payment does not authorize the State to
automatically withdraw funds from those accounts.
(f) For the purposes of this Section, "vendor" means a
non-governmental entity with a taxpayer identification number
issued by the Social Security Administration or Internal
Revenue Service that receives payments through the
Comptroller's commercial system. The term does not include
State agencies.
(g) The requirements of this Section do not apply to the
legislative or judicial branches of State government.
(Source: P.A. 97-348, eff. 8-12-11; 97-993, eff. 9-16-12;
revised 10-10-12.)
(15 ILCS 405/10.05) (from Ch. 15, par. 210.05)
Sec. 10.05. Deductions from warrants; statement of reason
for deduction. Whenever any person shall be entitled to a
warrant or other payment from the treasury or other funds held
by the State Treasurer, on any account, against whom there

shall be any then due and payable account or claim in favor of
the State, the United States upon certification by the
Secretary of the Treasury of the United States, or his or her
delegate, pursuant to a reciprocal offset agreement under
subsection (i-1) of Section 10 of the Illinois State Collection
Act of 1986, or a unit of local government, a school district,
a public institution of higher education, as defined in Section
1 of the Board of Higher Education Act, or the clerk of a
circuit court, upon certification by that entity, the
Comptroller, upon notification thereof, shall ascertain the
amount due and payable to the State, the United States, the
unit of local government, the school district, the public
institution of higher education, or the clerk of the circuit
court, as aforesaid, and draw a warrant on the treasury or on
other funds held by the State Treasurer, stating the amount for
which the party was entitled to a warrant or other payment, the
amount deducted therefrom, and on what account, and directing
the payment of the balance; which warrant or payment as so
drawn shall be entered on the books of the Treasurer, and such
balance only shall be paid. The Comptroller may deduct any one
or more of the following: (i) the entire amount due and payable
to the State or a portion of the amount due and payable to the
State in accordance with the request of the notifying agency;
(ii) the entire amount due and payable to the United States or
a portion of the amount due and payable to the United States in
accordance with a reciprocal offset agreement under subsection

(i-1) of Section 10 of the Illinois State Collection Act of
1986; or (iii) the entire amount due and payable to the unit of
local government, school district, public institution of
higher education, or clerk of the circuit court, or a portion
of the amount due and payable to that entity, in accordance
with an intergovernmental agreement authorized under this
Section and Section 10.05d. No request from a notifying agency,
the Secretary of the Treasury of the United States, a unit of
local government, a school district, a public institution of
higher education, or the clerk of a circuit court for an amount
to be deducted under this Section from a wage or salary
payment, or from a contractual payment to an individual for
personal services, shall exceed 25% of the net amount of such
payment. "Net amount" means that part of the earnings of an
individual remaining after deduction of any amounts required by
law to be withheld. For purposes of this provision, wage,
salary or other payments for personal services shall not
include final compensation payments for the value of accrued
vacation, overtime or sick leave. Whenever the Comptroller
draws a warrant or makes a payment involving a deduction
ordered under this Section, the Comptroller shall notify the
payee and the State agency that submitted the voucher of the
reason for the deduction and he or she shall retain a record of
such statement in his or her records. As used in this Section,
an "account or claim in favor of the State" includes all
amounts owing to "State agencies" as defined in Section 7 of

this Act. However, the Comptroller shall not be required to
accept accounts or claims owing to funds not held by the State
Treasurer, where such accounts or claims do not exceed $50, nor
shall the Comptroller deduct from funds held by the State
Treasurer under the Senior Citizens and Disabled Persons
Property Tax Relief Act or for payments to institutions from
the Illinois Prepaid Tuition Trust Fund (unless the Trust Fund
moneys are used for child support). The Comptroller shall not
deduct from payments to be disbursed from the Child Support
Enforcement Trust Fund as provided for under Section 12-10.2 of
the Illinois Public Aid Code, except for payments representing
interest on child support obligations under Section 10-16.5 of
that Code. The Comptroller and the Department of Revenue shall
enter into an interagency agreement to establish
responsibilities, duties, and procedures relating to
deductions from lottery prizes awarded under Section 20.1 of
the Illinois Lottery Law. The Comptroller may enter into an
intergovernmental agreement with the Department of Revenue and
the Secretary of the Treasury of the United States, or his or
her delegate, to establish responsibilities, duties, and
procedures relating to reciprocal offset of delinquent State
and federal obligations pursuant to subsection (i-1) of Section
10 of the Illinois State Collection Act of 1986. The
Comptroller may enter into intergovernmental agreements with
any unit of local government, school district, public
institution of higher education, or clerk of a circuit court to

establish responsibilities, duties, and procedures to provide
for the offset, by the Comptroller, of obligations owed to
those entities.
For the purposes of this Section, "clerk of a circuit
court" means the clerk of a circuit court in any county in the
State.
(Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A.
97-632 for the effective date of changes made by P.A. 97-269);
97-632, eff. 12-16-11; 97-689, eff. 6-14-12; 97-884, eff.
8-2-12; 97-970, eff. 8-16-12; revised 8-23-12.)
Section 40. The Civil Administrative Code of Illinois is
amended by changing Section 5-565 and by setting forth and
renumbering multiple versions of Section 5-715 as follows:
(20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
Sec. 5-565. In the Department of Public Health.
(a) The General Assembly declares it to be the public
policy of this State that all citizens of Illinois are entitled
to lead healthy lives. Governmental public health has a
specific responsibility to ensure that a public health system
is in place to allow the public health mission to be achieved.
The public health system is the collection of public, private,
and voluntary entities as well as individuals and informal
associations that contribute to the public's health within the
State. To develop a public health system requires certain core

functions to be performed by government. The State Board of
Health is to assume the leadership role in advising the
Director in meeting the following functions:
(1) Needs assessment.
(2) Statewide health objectives.
(3) Policy development.
(4) Assurance of access to necessary services.
There shall be a State Board of Health composed of 20
persons, all of whom shall be appointed by the Governor, with
the advice and consent of the Senate for those appointed by the
Governor on and after June 30, 1998, and one of whom shall be a
senior citizen age 60 or over. Five members shall be physicians
licensed to practice medicine in all its branches, one
representing a medical school faculty, one who is board
certified in preventive medicine, and one who is engaged in
private practice. One member shall be a chiropractic physician.
One member shall be a dentist; one an environmental health
practitioner; one a local public health administrator; one a
local board of health member; one a registered nurse; one a
physical therapist; one an optometrist; one a veterinarian; one
a public health academician; one a health care industry
representative; one a representative of the business
community; one a representative of the non-profit public
interest community; and 2 shall be citizens at large.
The terms of Board of Health members shall be 3 years,
except that members shall continue to serve on the Board of

Health until a replacement is appointed. Upon the effective
date of this amendatory Act of the 93rd General Assembly, in
the appointment of the Board of Health members appointed to
vacancies or positions with terms expiring on or before
December 31, 2004, the Governor shall appoint up to 6 members
to serve for terms of 3 years; up to 6 members to serve for
terms of 2 years; and up to 5 members to serve for a term of one
year, so that the term of no more than 6 members expire in the
same year. All members shall be legal residents of the State of
Illinois. The duties of the Board shall include, but not be
limited to, the following:
(1) To advise the Department of ways to encourage
public understanding and support of the Department's
programs.
(2) To evaluate all boards, councils, committees,
authorities, and bodies advisory to, or an adjunct of, the
Department of Public Health or its Director for the purpose
of recommending to the Director one or more of the
following:
(i) The elimination of bodies whose activities are
not consistent with goals and objectives of the
Department.
(ii) The consolidation of bodies whose activities
encompass compatible programmatic subjects.
(iii) The restructuring of the relationship
between the various bodies and their integration

within the organizational structure of the Department.
(iv) The establishment of new bodies deemed
essential to the functioning of the Department.
(3) To serve as an advisory group to the Director for
public health emergencies and control of health hazards.
(4) To advise the Director regarding public health
policy, and to make health policy recommendations
regarding priorities to the Governor through the Director.
(5) To present public health issues to the Director and
to make recommendations for the resolution of those issues.
(6) To recommend studies to delineate public health
problems.
(7) To make recommendations to the Governor through the
Director regarding the coordination of State public health
activities with other State and local public health
agencies and organizations.
(8) To report on or before February 1 of each year on
the health of the residents of Illinois to the Governor,
the General Assembly, and the public.
(9) To review the final draft of all proposed
administrative rules, other than emergency or preemptory
rules and those rules that another advisory body must
approve or review within a statutorily defined time period,
of the Department after September 19, 1991 (the effective
date of Public Act 87-633). The Board shall review the
proposed rules within 90 days of submission by the

Department. The Department shall take into consideration
any comments and recommendations of the Board regarding the
proposed rules prior to submission to the Secretary of
State for initial publication. If the Department disagrees
with the recommendations of the Board, it shall submit a
written response outlining the reasons for not accepting
the recommendations.
In the case of proposed administrative rules or
amendments to administrative rules regarding immunization
of children against preventable communicable diseases
designated by the Director under the Communicable Disease
Prevention Act, after the Immunization Advisory Committee
has made its recommendations, the Board shall conduct 3
public hearings, geographically distributed throughout the
State. At the conclusion of the hearings, the State Board
of Health shall issue a report, including its
recommendations, to the Director. The Director shall take
into consideration any comments or recommendations made by
the Board based on these hearings.
(10) To deliver to the Governor for presentation to the
General Assembly a State Health Improvement Plan. The first
3 such plans shall be delivered to the Governor on January
1, 2006, January 1, 2009, and January 1, 2016 and then
every 5 years thereafter.
The Plan shall recommend priorities and strategies to
improve the public health system and the health status of

Illinois residents, taking into consideration national
health objectives and system standards as frameworks for
assessment.
The Plan shall also take into consideration priorities
and strategies developed at the community level through the
Illinois Project for Local Assessment of Needs (IPLAN) and
any regional health improvement plans that may be
developed. The Plan shall focus on prevention as a key
strategy for long-term health improvement in Illinois.
The Plan shall examine and make recommendations on the
contributions and strategies of the public and private
sectors for improving health status and the public health
system in the State. In addition to recommendations on
health status improvement priorities and strategies for
the population of the State as a whole, the Plan shall make
recommendations regarding priorities and strategies for
reducing and eliminating health disparities in Illinois;
including racial, ethnic, gender, age, socio-economic and
geographic disparities.
The Director of the Illinois Department of Public
Health shall appoint a Planning Team that includes a range
of public, private, and voluntary sector stakeholders and
participants in the public health system. This Team shall
include: the directors of State agencies with public health
responsibilities (or their designees), including but not
limited to the Illinois Departments of Public Health and

Department of Human Services, representatives of local
health departments, representatives of local community
health partnerships, and individuals with expertise who
represent an array of organizations and constituencies
engaged in public health improvement and prevention.
The State Board of Health shall hold at least 3 public
hearings addressing drafts of the Plan in representative
geographic areas of the State. Members of the Planning Team
shall receive no compensation for their services, but may
be reimbursed for their necessary expenses.
Upon the delivery of each State Health Improvement
Plan, the Governor shall appoint a SHIP Implementation
Coordination Council that includes a range of public,
private, and voluntary sector stakeholders and
participants in the public health system. The Council shall
include the directors of State agencies and entities with
public health system responsibilities (or their
designees), including but not limited to the Department of
Public Health, Department of Human Services, Department of
Healthcare and Family Services, Environmental Protection
Agency, Illinois State Board of Education, Department on
Aging, Illinois Violence Prevention Authority, Department
of Agriculture, Department of Insurance, Department of
Financial and Professional Regulation, Department of
Transportation, and Department of Commerce and Economic
Opportunity and the Chair of the State Board of Health. The

Council shall include representatives of local health
departments and individuals with expertise who represent
an array of organizations and constituencies engaged in
public health improvement and prevention, including
non-profit public interest groups, health issue groups,
faith community groups, health care providers, businesses
and employers, academic institutions, and community-based
organizations. The Governor shall endeavor to make the
membership of the Council representative of the racial,
ethnic, gender, socio-economic, and geographic diversity
of the State. The Governor shall designate one State agency
representative and one other non-governmental member as
co-chairs of the Council. The Governor shall designate a
member of the Governor's office to serve as liaison to the
Council and one or more State agencies to provide or
arrange for support to the Council. The members of the SHIP
Implementation Coordination Council for each State Health
Improvement Plan shall serve until the delivery of the
subsequent State Health Improvement Plan, whereupon a new
Council shall be appointed. Members of the SHIP Planning
Team may serve on the SHIP Implementation Coordination
Council if so appointed by the Governor.
The SHIP Implementation Coordination Council shall
coordinate the efforts and engagement of the public,
private, and voluntary sector stakeholders and
participants in the public health system to implement each

SHIP. The Council shall serve as a forum for collaborative
action; coordinate existing and new initiatives; develop
detailed implementation steps, with mechanisms for action;
implement specific projects; identify public and private
funding sources at the local, State and federal level;
promote public awareness of the SHIP; advocate for the
implementation of the SHIP; and develop an annual report to
the Governor, General Assembly, and public regarding the
status of implementation of the SHIP. The Council shall
not, however, have the authority to direct any public or
private entity to take specific action to implement the
SHIP.
(11) Upon the request of the Governor, to recommend to
the Governor candidates for Director of Public Health when
vacancies occur in the position.
(12) To adopt bylaws for the conduct of its own
business, including the authority to establish ad hoc
committees to address specific public health programs
requiring resolution.
(13) To review and comment upon the Comprehensive
Health Plan submitted by the Center for Comprehensive
Health Planning as provided under Section 2310-217 of the
Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
Upon appointment, the Board shall elect a chairperson from
among its members.

Members of the Board shall receive compensation for their
services at the rate of $150 per day, not to exceed $10,000 per
year, as designated by the Director for each day required for
transacting the business of the Board and shall be reimbursed
for necessary expenses incurred in the performance of their
duties. The Board shall meet from time to time at the call of
the Department, at the call of the chairperson, or upon the
request of 3 of its members, but shall not meet less than 4
times per year.
(b) (Blank).
(c) An Advisory Board on Necropsy Service to Coroners,
which shall counsel and advise with the Director on the
administration of the Autopsy Act. The Advisory Board shall
consist of 11 members, including a senior citizen age 60 or
over, appointed by the Governor, one of whom shall be
designated as chairman by a majority of the members of the
Board. In the appointment of the first Board the Governor shall
appoint 3 members to serve for terms of 1 year, 3 for terms of 2
years, and 3 for terms of 3 years. The members first appointed
under Public Act 83-1538 shall serve for a term of 3 years. All
members appointed thereafter shall be appointed for terms of 3
years, except that when an appointment is made to fill a
vacancy, the appointment shall be for the remaining term of the
position vacant. The members of the Board shall be citizens of
the State of Illinois. In the appointment of members of the
Advisory Board the Governor shall appoint 3 members who shall

be persons licensed to practice medicine and surgery in the
State of Illinois, at least 2 of whom shall have received
post-graduate training in the field of pathology; 3 members who
are duly elected coroners in this State; and 5 members who
shall have interest and abilities in the field of forensic
medicine but who shall be neither persons licensed to practice
any branch of medicine in this State nor coroners. In the
appointment of medical and coroner members of the Board, the
Governor shall invite nominations from recognized medical and
coroners organizations in this State respectively. Board
members, while serving on business of the Board, shall receive
actual necessary travel and subsistence expenses while so
serving away from their places of residence.
(Source: P.A. 96-31, eff. 6-30-09; 96-455, eff. 8-14-09;
96-1000, eff. 7-2-10; 96-1153, eff. 7-21-10; 97-734, eff.
1-1-13; 97-810, eff. 1-1-13; revised 7-23-12.)
(20 ILCS 5/5-715)
Sec. 5-715. Expedited licensure for service members and
spouses.
(a) In this Section, "service member" means any person who,
at the time of application under this Section, is an active
duty member of the United States Armed Forces or any reserve
component of the United States Armed Forces or the National
Guard of any state, commonwealth, or territory of the United
States or the District of Columbia or whose active duty service

concluded within the preceding 2 years before application.
(b) Each director of a department that issues an
occupational or professional license is authorized to and shall
issue an expedited temporary occupational or professional
license to a service member who meets the requirements under
this Section. The temporary occupational or professional
license shall be valid for 6 months after the date of issuance
or until a license is granted or a notice to deny a license is
issued in accordance with rules adopted by the department
issuing the license, whichever occurs first. No temporary
occupational or professional license shall be renewed. The
service member shall apply to the department on forms provided
by the department. An application must include proof that:
(1) the applicant is a service member;
(2) the applicant holds a valid license in good
standing for the occupation or profession issued by another
state, commonwealth, possession, or territory of the
United States, the District of Columbia, or any foreign
jurisdiction and the requirements for licensure in the
other jurisdiction are determined by the department to be
substantially equivalent to the standards for licensure of
this State;
(3) the applicant is assigned to a duty station in this
State or has established legal residence in this State;
(4) a complete set of the applicant's fingerprints has
been submitted to the Department of State Police for

statewide and national criminal history checks, if
applicable to the requirements of the department issuing
the license; the applicant shall pay the fee to the
Department of State Police or to the fingerprint vendor for
electronic fingerprint processing; no temporary
occupational or professional license shall be issued to an
applicant if the statewide or national criminal history
check discloses information that would cause the denial of
an application for licensure under any applicable
occupational or professional licensing Act;
(5) the applicant is not ineligible for licensure
pursuant to Section 2105-165 of the Civil Administrative
Code of Illinois;
(6) the applicant has submitted an application for full
licensure; and
(7) the applicant has paid the required fee; fees shall
not be refundable.
(c) Each director of a department that issues an
occupational or professional license is authorized to and shall
issue an expedited temporary occupational or professional
license to the spouse of a service member who meets the
requirements under this Section. The temporary occupational or
professional license shall be valid for 6 months after the date
of issuance or until a license is granted or a notice to deny a
license is issued in accordance with rules adopted by the
department issuing the license, whichever occurs first. No

temporary occupational or professional license shall be
renewed. The spouse of a service member shall apply to the
department on forms provided by the department. An application
must include proof that:
(1) the applicant is the spouse of a service member;
(2) the applicant holds a valid license in good
standing for the occupation or profession issued by another
state, commonwealth, possession, or territory of the
United States, the District of Columbia, or any foreign
jurisdiction and the requirements for licensure in the
other jurisdiction are determined by the department to be
substantially equivalent to the standards for licensure of
this State;
(3) the applicant's spouse is assigned to a duty
station in this State or has established legal residence in
this State;
(4) a complete set of the applicant's fingerprints has
been submitted to the Department of State Police for
statewide and national criminal history checks, if
applicable to the requirements of the department issuing
the license; the applicant shall pay the fee to the
Department of State Police or to the fingerprint vendor for
electronic fingerprint processing; no temporary
occupational or professional license shall be issued to an
applicant if the statewide or national criminal history
check discloses information that would cause the denial of

an application for licensure under any applicable
occupational or professional licensing Act;
(5) the applicant is not ineligible for licensure
pursuant to Section 2105-165 of the Civil Administrative
Code of Illinois;
(6) the applicant has submitted an application for full
licensure; and
(7) the applicant has paid the required fee; fees shall
not be refundable.
(d) All relevant experience of a service member in the
discharge of official duties, including full-time and
part-time experience, shall be credited in the calculation of
any years of practice in an occupation or profession as may be
required under any applicable occupational or professional
licensing Act. All relevant training provided by the military
and completed by a service member shall be credited to that
service member as meeting any training or education requirement
under any applicable occupational or professional licensing
Act, provided that the training or education is determined by
the department to be substantially equivalent to that required
under any applicable Act and is not otherwise contrary to any
other licensure requirement.
(e) A department may adopt any rules necessary for the
implementation and administration of this Section and shall by
rule provide for fees for the administration of this Section.
(Source: P.A. 97-710, eff. 1-1-13.)

(20 ILCS 5/5-716)
Sec. 5-716 5-715. Deadline extensions for service members.
(a) In this Section:
"Military service" means any full-time training or duty, no
matter how described under federal or State law, for which a
service member is ordered to report by the President, Governor
of a state, commonwealth, or territory of the United States, or
other appropriate military authority.
"Service member" means a resident of Illinois who is a
member of any component of the U.S. Armed Forces or the
National Guard of any state, the District of Columbia, a
commonwealth, or a territory of the United States.
(b) Each director of a department is authorized to extend
any deadline established by that director or department for a
service member who has entered military service in excess of 29
consecutive days. The director may extend the deadline for a
period not more than twice the length of the service member's
required military service.
(Source: P.A. 97-913, eff. 1-1-13; revised 9-10-12.)
Section 45. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 50-10 as follows:
(20 ILCS 301/50-10)
Sec. 50-10. Alcoholism Alcohol and Substance Abuse Fund.

Monies received from the federal government, except monies
received under the Block Grant for the Prevention and Treatment
of Alcoholism and Substance Abuse, and other gifts or grants
made by any person to the fund shall be deposited into the
Alcoholism Alcohol and Substance Abuse Fund which is hereby
created as a special fund in the State treasury. Monies in this
fund shall be appropriated to the Department and expended for
the purposes and activities specified by the person,
organization or federal agency making the gift or grant.
(Source: P.A. 88-80; revised 10-17-12.)
Section 50. The Children and Family Services Act is amended
by changing Section 7.4 as follows:
(20 ILCS 505/7.4)
Sec. 7.4. Development and preservation of sibling
relationships for children in care; placement of siblings;
contact among siblings placed apart.
(a) Purpose and policy. The General Assembly recognizes
that sibling relationships are unique and essential for a
person, but even more so for children who are removed from the
care of their families and placed in the State child welfare
system. When family separation occurs through State
intervention, every effort must be made to preserve, support
and nurture sibling relationships when doing so is in the best
interest of each sibling. It is in the interests of foster

children who are part of a sibling group to enjoy contact with
one another, as long as the contact is in each child's best
interest. This is true both while the siblings are in State
care and after one or all of the siblings leave State care
through adoption, guardianship, or aging out.
(b) Definitions. For purposes of this Section:
(1) Whenever a best interest determination is required
by this Section, the Department shall consider the factors
set out in subsection (4.05) 4.05 of Section 1-3 of or the
Juvenile Court Act of 1987 and the Department's rules
regarding Sibling Placement, 89 111. Admin. Code 301.70 and
Sibling Visitation, 89 111. Admin. Code 301.220, and the
Department's rules regarding Placement Selection
Criteria, . 89 111. Admin. Code 301.60.
(2) "Adopted child" means a child who, immediately
preceding the adoption, was in the custody or guardianship
of the Illinois Department of Children and Family Services
under Article II of the Juvenile Court Act of 1987.
(3) "Adoptive parent" means a person who has become a
parent through the legal process of adoption.
(4) "Child" means a person in the temporary custody or
guardianship of the Department who is under the age of 21.
(5) "Child placed in private guardianship" means a
child who, immediately preceding the guardianship, was in
the custody or guardianship of the Illinois Department of
Children and Family Services under Article II of the

Juvenile Court Act.
(6) "Contact" may include, but is not limited to
visits, telephone calls, letters, sharing of photographs
or information, e-mails, video conferencing, and other
form of communication or contact.
(7) "Legal guardian" means a person who has become the
legal guardian of a child who, immediately prior to the
guardianship, was in the custody or guardianship of the
Illinois Department of Children and Family Services under
Article II of the Juvenile Court Act of 1987.
(8) "Parent" means the child's mother or father who is
named as the respondent in proceedings conducted under
Article II of the Juvenile Court Act of 1987.
(9) "Post Permanency Sibling Contact" means contact
between siblings following the entry of a Judgment Order
for Adoption under Section 14 of the Adoption Act regarding
at least one sibling or an Order for Guardianship
appointing a private guardian under Section 2-27 or the
Juvenile Court Act of 1987, regarding at least one sibling.
Post Permanency Sibling Contact may include, but is not
limited to, visits, telephone calls, letters, sharing of
photographs or information, emails, video conferencing,
and other form of communication or connection agreed to by
the parties to a Post Permanency Sibling Contact Agreement.
(10) "Post Permanency Sibling Contact Agreement" means
a written agreement between the adoptive parent or parents,

the child, and the child's sibling regarding post
permanency contact between the adopted child and the
child's sibling, or a written agreement between the legal
guardians, the child, and the child's sibling regarding
post permanency contact between the child placed in
guardianship and the child's sibling. The Post Permanency
Sibling Contact Agreement may specify the nature and
frequency of contact between the adopted child or child
placed in guardianship and the child's sibling following
the entry of the Judgment Order for Adoption or Order for
Private Guardianship. The Post Permanency Sibling Contact
Agreement may be supported by services as specified in this
Section. The Post Permanency Sibling Contact Agreement is
voluntary on the part of the parties to the Post Permanency
Sibling Contact Agreement and is not a requirement for
finalization of the child's adoption or guardianship. The
Post Permanency Sibling Contract Agreement shall not be
enforceable in any court of law or administrative forum and
no cause of action shall be brought to enforce the
Agreement. When entered into, the Post Permanency Sibling
Contact Agreement shall be placed in the child's Post
Adoption or Guardianship case record and in the case file
of a sibling who is a party to the agreement and who
remains in the Department's custody or guardianship.
(11) "Sibling Contact Support Plan" means a written
document that sets forth the plan for future contact

between siblings who are in the Department's care and
custody and residing separately. The goal of the Support
Plan is to develop or preserve and nurture the siblings'
relationships. The Support Plan shall set forth the role of
the foster parents, caregivers, and others in implementing
the Support Plan. The Support Plan must meet the minimum
standards regarding frequency of in-person visits provided
for in Department rule.
(12) "Siblings" means children who share at least one
parent in common. This definition of siblings applies
solely for purposes of placement and contact under this
Section. For purposes of this Section, children who share
at least one parent in common continue to be siblings after
their parent's parental rights are terminated, if parental
rights were terminated while a petition under Article II of
the Juvenile Court Act of 1987 was pending. For purposes of
this Section, children who share at least one parent in
common continue to be siblings after a sibling is adopted
or placed in private guardianship when the adopted child or
child placed in private guardianship was in the
Department's custody or guardianship under Article II of
the Juvenile Court Act of 1987 immediately prior to the
adoption or private guardianship. For children who have
been in the guardianship of the Department under Article II
of the Juvenile Court Act of 1987, have been adopted, and
are subsequently returned to the temporary custody or

guardianship of the Department under Article II of the
Juvenile Court Act of 1987, "siblings" includes a person
who would have been considered a sibling prior to the
adoption and siblings through adoption.
(c) No later than January 1, 2013, the Department shall
promulgate rules addressing the development and preservation
of sibling relationships. The rules shall address, at a
minimum:
(1) Recruitment, licensing, and support of foster
parents willing and capable of either fostering sibling
groups or supporting and being actively involved in
planning and executing sibling contact for siblings placed
apart. The rules shall address training for foster parents,
licensing workers, placement workers, and others as deemed
necessary.
(2) Placement selection for children who are separated
from their siblings and how to best promote placements of
children with foster parents or programs that can meet the
children's childrens' needs, including the need to develop
and maintain contact with siblings.
(3) State-supported guidance to siblings who have aged
out of state care regarding positive engagement with
siblings.
(4) Implementation of Post Permanency Sibling Contact
Agreements for children exiting State care, including
services offered by the Department to encourage and assist

parties in developing agreements, services offered by the
Department post permanency post-permanency to support
parties in implementing and maintaining agreements, and
including services offered by the Department post
permanency post-permanency to assist parties in amending
agreements as necessary to meet the needs of the children.
(5) Services offered by the Department for children who
exited foster care prior to the availability of Post
Permanency Post-Permanency Sibling Contact Agreements, to
invite willing parties to participate in a facilitated
discussion, including, but not limited to, a mediation or
joint team decision-making meeting, to explore sibling
contact.
(d) The Department shall develop a form to be provided to
youth entering care and exiting care explaining their rights
and responsibilities related to sibling visitation while in
care and post permanency.
(e) Whenever a child enters care or requires a new
placement, the Department shall consider the development and
preservation of sibling relationships.
(1) This subsection applies when a child entering care
or requiring a change of placement has siblings who are in
the custody or guardianship of the Department. When a child
enters care or requires a new placement, the Department
shall examine its files and other available resources and
determine whether a sibling of that child is in the custody

or guardianship of the Department. If the Department
determines that a sibling is in its custody or
guardianship, the Department shall then determine whether
it is in the best interests of each of the siblings for the
child needing placement to be placed with the sibling. If
the Department determines that it is in the best interest
of each sibling to be placed together, and the sibling's
foster parent is able and willing to care for the child
needing placement, the Department shall place the child
needing placement with the sibling. A determination that it
is not in a child's best interest to be placed with a
sibling shall be made in accordance with Department rules,
and documented in the file of each sibling.
(2) This subsection applies when a child who is
entering care has siblings who have been adopted or placed
in private guardianship. When a child enters care, the
Department shall examine its files and other available
resources, including consulting with the child's parents,
to determine whether a sibling of the child was adopted or
placed in private guardianship from State care. The
Department shall determine, in consultation with the
child's parents, whether it would be in the child's best
interests to explore placement with the adopted sibling or
sibling in guardianship. Unless the parent objects, if the
Department determines it is in the child's best interest to
explore the placement, the Department shall contact the

adoptive parents parent or guardians guardian of the
sibling, determine whether they are willing to be
considered as placement resources for the child, and, if
so, determine whether it is in the best interests of the
child to be placed in the home with the sibling. If the
Department determines that it is in the child's best
interests to be placed in the home with the sibling, and
the sibling's adoptive parents or guardians are willing and
capable, the Department shall make the placement. A
determination that it is not in a child's best interest to
be placed with a sibling shall be made in accordance with
Department rule, and documented in the child's file.
(3) This subsection applies when a child in Department
custody or guardianship requires a change of placement, and
the child has siblings who have been adopted or placed in
private guardianship. When a child in care requires a new
placement, the Department may consider placing the child
with the adoptive parent or guardian of a sibling under the
same procedures and standards set forth in paragraph (2) of
this subsection.
(4) When the Department determines it is not in the
best interest of one or more siblings to be placed together
the Department shall ensure that the child requiring
placement is placed in a home or program where the
caregiver is willing and able to be actively involved in
supporting the sibling relationship to the extent doing so

is in the child's best interest.
(f) When siblings in care are placed in separate
placements, the Department shall develop a Sibling Contact
Support Plan. The Department shall convene a meeting to develop
the Support Plan. The meeting shall include, at a minimum, the
case managers for the siblings, the foster parents or other
care providers if a child is in a non-foster home placement and
the child, when developmentally and clinically appropriate.
The Department shall make all reasonable efforts to promote the
participation of the foster parents. Parents whose parental
rights are intact shall be invited to the meeting. Others, such
as therapists and mentors, shall be invited as appropriate. The
Support Plan shall set forth future contact and visits between
the siblings to develop or preserve, and nurture the siblings'
relationships. The Support Plan shall set forth the role of the
foster parents and caregivers and others in implementing the
Support Plan. The Support Plan must meet the minimum standards
regarding frequency of in-person visits provided for in
Department rule. The Support Plan will be incorporated in the
child's service plan and reviewed at each administrative case
review. The Support Plan should be modified if one of the
children moves to a new placement, or as necessary to meet the
needs of the children. The Sibling Contact Support Plan for a
child in care may include siblings who are not in the care of
the Department, with the consent and participation of that
child's parent or guardian.

(g) By January 1, 2013, the Department shall develop a
registry so that placement information regarding adopted
siblings and siblings in private guardianship is readily
available to Department and private agency caseworkers
responsible for placing children in the Department's care. When
a child is adopted or placed in private guardianship from
foster care the Department shall inform the adoptive parents or
guardians that they may be contacted in the future regarding
placement of or contact with, siblings subsequently requiring
placement.
(h) When a child is in need of an adoptive placement, the
Department shall examine its files and other available
resources and attempt to determine whether a sibling of the
child has been adopted or placed in private guardianship after
being in the Department's custody or guardianship. If the
Department determines that a sibling of the child has been
adopted or placed in private guardianship, the Department shall
make a good faith effort to locate the adoptive parents or
guardians of the sibling and inform them of the availability of
the child for adoption. The Department may determine not to
inform the adoptive parents or guardians guardian of a sibling
of a child that the child is available for adoption only for a
reason permitted under criteria adopted by the Department by
rule, and documented in the child's case file. If a child
available for adoption has a sibling who has been adopted or
placed in guardianship, and the adoptive parents or guardians

of that sibling apply to adopt the child, the Department shall
consider them as adoptive applicants for the adoption of the
child. The Department's final decision as to whether it will
consent to the adoptive parents or guardians of a sibling being
the adoptive parents of the child shall be based upon the
welfare and best interest of the child. In arriving at its
decision, the Department shall consider all relevant factors,
including but not limited to:
(1) the wishes of the child;
(2) the interaction and interrelationship of the child
with the applicant to adopt the child;
(3) the child's need for stability and continuity of
relationship with parent figures;
(4) the child's adjustment to his or her present home,
school, and community;
(5) the mental and physical health of all individuals
involved;
(6) the family ties between the child and the child's
relatives, including siblings;
(7) the background, age, and living arrangements of the
applicant to adopt the child;
(8) a criminal background report of the applicant to
adopt the child.
If placement of the child available for adoption with the
adopted sibling or sibling in private guardianship is not
feasible, but it is in the child's best interest to develop a

relationship with his or her sibling, the Department shall
invite the adoptive parents, guardian, or guardians for a
mediation or joint team decision-making meeting to facilitate a
discussion regarding future sibling contact.
(i) Post Permanency Sibling Contact Agreement. When a child
in the Department's care has a permanency goal of adoption or
private guardianship, and the Department is preparing to
finalize the adoption or guardianship, the Department shall
convene a meeting with the pre-adoptive parent or prospective
guardian and the case manager for the child being adopted or
placed in guardianship and the foster parents and case managers
for the child's siblings, and others as applicable. The
children should participate as is developmentally appropriate.
Others, such as therapists and mentors, may participate as
appropriate. At the meeting the Department shall encourage the
parties to discuss sibling contact post permanency. The
Department may assist the parties in drafting a Post Permanency
Sibling Contact Agreement.
(1) Parties to the Agreement for Post Permanency
Sibling Contact Agreement shall include:
(A) The adoptive parent or parents or guardian.
(B) The child's sibling or siblings, parents or
guardians.
(C) The child.
(2) Consent of child 14 and over. The written consent
of a child age 14 and over to the terms and conditions of

the Post Permanency Sibling Contact Agreement and
subsequent modifications is required.
(3) In developing this Agreement, the Department shall
encourage the parties to consider the following factors:
(A) the physical and emotional safety and welfare
of the child;
(B) the child's wishes;
(C) the interaction and interrelationship of the
child with the child's sibling or siblings who would be
visiting or communicating with the child, including:
(i) the quality of the relationship between
the child and the sibling or siblings, and
(ii) the benefits and potential harms to the
child in allowing the relationship or
relationships to continue or in ending them;
(D) the child's sense of attachments to the birth
sibling or siblings and adoptive family, including:
(i) the child's sense of being valued;
(ii) the child's sense of familiarity; and
(iii) continuity of affection for the child;
and
(E) other factors relevant to the best interest of
the child.
(4) In considering the factors in paragraph (3) of this
subsection, the Department shall encourage the parties to
recognize the importance to a child of developing a

relationship with siblings including siblings with whom
the child does not yet have a relationship; and the value
of preserving family ties between the child and the child's
siblings, including:
(A) the child's need for stability and continuity
of relationships with siblings, and
(B) the importance of sibling contact in the
development of the child's identity.
(5) Modification or termination of Post Permanency
Sibling Contact Agreement. The parties to the agreement may
modify or terminate the Post Permanency Sibling Contact
Agreement. If the parties cannot agree to modification or
termination, they may request the assistance of the
Department of Children and Family Services or another
agency identified and agreed upon by the parties to the
Post Permanency Sibling Contact Agreement. Any and all
terms may be modified by agreement of the parties. Post
Permanency Sibling Contact Agreements may also be modified
to include contact with siblings whose whereabouts were
unknown or who had not yet been born when the Judgment
Order for Adoption or Order for Private Guardianship was
entered.
(6) Adoptions and private guardianships finalized
prior to the effective date of amendatory Act. Nothing in
this Section prohibits the parties from entering into a
Post Permanency Sibling Contact Agreement if the adoption

or private guardianship was finalized prior to the
effective date of this Section. If the Agreement is
completed and signed by the parties, the Department shall
include the Post Permanency Sibling Contact Agreement in
the child's Post Adoption or Private Guardianship case
record and in the case file of siblings who are parties to
the agreement who are in the Department's custody or
guardianship.
(Source: P.A. 97-1076, eff. 8-24-12; revised 10-10-12.)
Section 55. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Sections 605-332 and 605-1015 as follows:
(20 ILCS 605/605-332)
Sec. 605-332. Financial assistance to energy generation
facilities.
(a) As used in this Section:
"New electric generating facility" means a
newly-constructed electric generation plant or a newly
constructed generation capacity expansion at an existing
facility, including the transmission lines and associated
equipment that transfers electricity from points of supply to
points of delivery, and for which foundation construction
commenced not sooner than July 1, 2001, which is designed to
provide baseload electric generation operating on a continuous

basis throughout the year and:
(1) has an aggregate rated generating capacity of at
least 400 megawatts for all new units at one site, uses
coal or gases derived from coal as its primary fuel source,
and supports the creation of at least 150 new Illinois coal
mining jobs; or
(2) is funded through a federal Department of Energy
grant before December 31, 2010 and supports the creation of
Illinois coal-mining jobs; or
(3) uses coal gasification or integrated
gasification-combined cycle units that generate
electricity or chemicals, or both, and supports the
creation of Illinois coal-mining jobs.
"New gasification facility" means a newly constructed coal
gasification facility that generates chemical feedstocks or
transportation fuels derived from coal (which may include, but
are not limited to, methane, methanol, and nitrogen
fertilizer), that supports the creation or retention of
Illinois coal-mining jobs, and that qualifies for financial
assistance from the Department before December 31, 2010. A new
gasification facility does not include a pilot project located
within Jefferson County or within a county adjacent to
Jefferson County for synthetic natural gas from coal.
"New facility" means a new electric generating facility or
a new gasification facility. A new facility does not include a
pilot project located within Jefferson County or within a

county adjacent to Jefferson County for synthetic natural gas
from coal.
"Eligible business" means an entity that proposes to
construct a new facility and that has applied to the Department
to receive financial assistance pursuant to this Section. With
respect to use and occupation taxes, wherever there is a
reference to taxes, that reference means only those taxes paid
on Illinois-mined coal used in a new facility.
"Department" means the Illinois Department of Commerce and
Economic Opportunity.
(b) The Department is authorized to provide financial
assistance to eligible businesses for new facilities from funds
appropriated by the General Assembly as further provided in
this Section.
An eligible business seeking qualification for financial
assistance for a new facility, for purposes of this Section
only, shall apply to the Department in the manner specified by
the Department. Any projections provided by an eligible
business as part of the application shall be independently
verified in a manner as set forth by the Department. An
application shall include, but not be limited to:
(1) the projected or actual completion date of the new
facility for which financial assistance is sought;
(2) copies of documentation deemed acceptable by the
Department establishing either (i) the total State
occupation and use taxes paid on Illinois-mined coal used

at the new facility for a minimum of 4 preceding calendar
quarters or (ii) the projected amount of State occupation
and use taxes paid on Illinois-mined coal used at the new
facility in 4 calendar year quarters after completion of
the new facility. Bond proceeds subject to this Section
shall not be allocated to an eligible business until the
eligible business has demonstrated the revenue stream
sufficient to service the debt on the bonds; and
(3) the actual or projected amount of capital
investment by the eligible business in the new facility.
The Department shall determine the maximum amount of
financial assistance for eligible businesses in accordance
with this paragraph. The Department shall not provide financial
assistance from general obligation bond funds to any eligible
business unless it receives a written certification from the
Director of the Bureau of the Budget (now Governor's Office of
Management and Budget) that 80% of the State occupation and use
tax receipts for a minimum of the preceding 4 calendar quarters
for all eligible businesses or as included in projections on
approved applications by eligible businesses equal or exceed
110% of the maximum annual debt service required with respect
to general obligation bonds issued for that purpose. The
Department may provide financial assistance not to exceed the
amount of State general obligation debt calculated as above,
the amount of actual or projected capital investment in the
facility, or $100,000,000, whichever is less. Financial

assistance received pursuant to this Section may be used for
capital facilities consisting of buildings, structures,
durable equipment, and land at the new facility. Subject to the
provisions of the agreement covering the financial assistance,
a portion of the financial assistance may be required to be
repaid to the State if certain conditions for the governmental
purpose of the assistance were not met.
An eligible business shall file a monthly report with the
Illinois Department of Revenue stating the amount of
Illinois-mined coal purchased during the previous month for use
in the new facility, the purchase price of that coal, the
amount of State occupation and use taxes paid on that purchase
to the seller of the Illinois-mined coal, and such other
information as that Department may reasonably require. In sales
of Illinois-mined coal between related parties, the purchase
price of the coal must have been determined in an arm's-length
arms-length transaction. The report shall be filed with the
Illinois Department of Revenue on or before the 20th day of
each month on a form provided by that Department. However, no
report need be filed by an eligible business in a month when it
made no reportable purchases of coal in the previous month. The
Illinois Department of Revenue shall provide a summary of such
reports to the Governor's Office of Management and Budget.
Upon granting financial assistance to an eligible
business, the Department shall certify the name of the eligible
business to the Illinois Department of Revenue. Beginning with

the receipt of the first report of State occupation and use
taxes paid by an eligible business and continuing for a 25-year
period, the Illinois Department of Revenue 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.
(Source: P.A. 94-65, eff. 6-21-05; 94-1030, eff. 7-14-06;
95-18, eff. 7-30-07; revised 10-10-12.)
(20 ILCS 605/605-1015)
Sec. 605-1015. Farmers' markets held in convention
centers. To encourage convention center boards and other public
or private entities that operate convention centers throughout
the State to provide convention center space at a reduced rate
or without charge to local farmers' markets to use the space to
hold the market when inclement weather prevents holding the
market at its regular outdoor location. For purposes of this
Section, "farmers' market" has the meaning set forth in the
Farmers' Market Technology Improvement Program Act.
(Source: P.A. 97-1015, eff. 1-1-13; revised 10-10-12.)
Section 60. The Business Assistance and Regulatory Reform
Act is amended by changing Section 10 as follows:
(20 ILCS 608/10)
Sec. 10. Executive Office. There is created an Office of

Business Permits and Regulatory Assistance (hereinafter
referred to as "office") within the Department of Commerce and
Community Affairs (now Department of Commerce and Economic
Community Opportunity) which shall consolidate existing
programs throughout State government, provide assistance to
businesses with fewer than 500 employees in meeting State
requirements for doing business and perform other functions
specified in this Act. By March 1, 1994, the office shall
complete and file with the Governor and the General Assembly a
plan for the implementation of this Act. Thereafter, the office
shall carry out the provisions of this Act, subject to funding
through appropriation.
(Source: P.A. 94-793, eff. 5-19-06; revised 10-10-12.)
Section 65. The Economic Development Area Tax Increment
Allocation Act is amended by changing Section 7 as follows:
(20 ILCS 620/7) (from Ch. 67 1/2, par. 1007)
Sec. 7. Creation of special tax allocation fund. If a
municipality has adopted tax increment allocation financing
for an economic development project area by ordinance, the
county clerk has thereafter certified the "total initial
equalized assessed value" of the taxable real property within
such economic development project area in the manner provided
in Section 6 of this Act, and the Department has approved and
certified the economic development project area, each year

after the date of the certification by the county clerk of the
"total initial equalized assessed value" until economic
development project costs and all municipal obligations
financing economic development project costs have been paid,
the ad valorem taxes, if any, arising from the levies upon the
taxable real property in the economic development project area
by taxing districts and tax rates determined in the manner
provided in subsection (b) of Section 6 of this Act shall be
divided as follows:
(1) That portion of the taxes levied upon each taxable lot,
block, tract or parcel of real property which is attributable
to the lower of the current equalized assessed value or the
initial equalized assessed value of each such taxable lot,
block, tract, or parcel of real property existing at the time
tax increment allocation financing was adopted, shall be
allocated to and when collected shall be paid by the county
collector to the respective affected taxing districts in the
manner required by law in the absence of the adoption of tax
increment allocation financing.
(2) That portion, if any, of those taxes which is
attributable to the increase in the current equalized assessed
valuation of each taxable lot, block, tract, or parcel of real
property in the economic development project area, over and
above the initial equalized assessed value of each property
existing at the time tax increment allocation financing was
adopted, shall be allocated to and when collected shall be paid

to the municipal treasurer, who shall deposit those taxes into
a special fund called the special tax allocation fund of the
municipality for the purpose of paying economic development
project costs and obligations incurred in the payment thereof.
The municipality, by an ordinance adopting tax increment
allocation financing, may pledge the funds in and to be
deposited in the special tax allocation fund for the payment of
obligations issued under this Act and for the payment of
economic development project costs. No part of the current
equalized assessed valuation of each property in the economic
development project area attributable to any increase above the
total initial equalized assessed value, of such properties
shall be used in calculating the general State school aid
formula, provided for in Section 18-8 of the School Code, until
such time as all economic development projects costs have been
paid as provided for in this Section.
When the economic development project costs, including
without limitation all municipal obligations financing
economic development project costs incurred under this Act,
have been paid, all surplus funds then remaining in the special
tax allocation fund shall be distributed by being paid by the
municipal treasurer to the county collector, who shall
immediately thereafter pay those funds to the taxing districts
having taxable property in the economic development project
area in the same manner and proportion as the most recent
distribution by the county collector to those taxing districts

of real property taxes from real property in the economic
development project area.
Upon the payment of all economic development project costs,
retirement of obligations and the distribution of any excess
monies pursuant to this Section the municipality shall adopt an
ordinance dissolving the special tax allocation fund for the
economic development project area, terminating the economic
development project area, and terminating the use of tax
increment allocation financing for the economic development
project area. Thereafter the rates of the taxing districts
shall be extended and taxes levied, collected and distributed
in the manner applicable in the absence of the adoption of tax
increment allocation financing.
Nothing in this Section shall be construed as relieving
property in economic development project areas from being
assessed as provided in the Property Tax Code, or as relieving
owners of that property from paying a uniform rate of taxes, as
required by Section 4 of Article IX 9 of the Illinois
Constitution.
(Source: P.A. 88-670, eff. 12-2-94; revised 10-10-12.)
Section 70. The Illinois Enterprise Zone Act is amended by
changing Section 3 as follows:
(20 ILCS 655/3) (from Ch. 67 1/2, par. 603)
Sec. 3. Definitions Definition. As used in this Act, the

following words shall have the meanings ascribed to them,
unless the context otherwise requires:
(a) "Department" means the Department of Commerce and
Economic Opportunity.
(b) "Enterprise Zone" means an area of the State certified
by the Department as an Enterprise Zone pursuant to this Act.
(c) "Depressed Area" means an area in which pervasive
poverty, unemployment and economic distress exist.
(d) "Designated Zone Organization" means an association or
entity: (1) the members of which are substantially all
residents of the Enterprise Zone; (2) the board of directors of
which is elected by the members of the organization; (3) which
satisfies the criteria set forth in Section 501(c) (3) or
501(c) (4) of the Internal Revenue Code; and (4) which exists
primarily for the purpose of performing within such area or
zone for the benefit of the residents and businesses thereof
any of the functions set forth in Section 8 of this Act.
(e) "Agency" means each officer, board, commission and
agency created by the Constitution, in the executive branch of
State government, other than the State Board of Elections; each
officer, department, board, commission, agency, institution,
authority, university, body politic and corporate of the State;
and each administrative unit or corporate outgrowth of the
State government which is created by or pursuant to statute,
other than units of local government and their officers, school
districts and boards of election commissioners; each

administrative unit or corporate outgrowth of the above and as
may be created by executive order of the Governor. No entity
shall be considered an "agency" for the purposes of this Act
unless authorized by law to make rules or regulations.
(f) "Rule" means each agency statement of general
applicability that implements, applies, interprets or
prescribes law or policy, but does not include (i) statements
concerning only the internal management of an agency and not
affecting private rights or procedures available to persons or
entities outside the agency, (ii) intra-agency memoranda, or
(iii) the prescription of standardized forms.
(g) "Board" means the Enterprise Zone Board created in
Section 5.2.1.
(h) "Local labor market area" means an economically
integrated area within which individuals can reside and find
employment within a reasonable distance or can readily change
jobs without changing their place of residence.
(i) "Full-time equivalent job" means a job in which the new
employee works for the recipient or for a corporation under
contract to the recipient at a rate of at least 35 hours per
week. A recipient who employs labor or services at a specific
site or facility under contract with another may declare one
full-time, permanent job for every 1,820 man hours worked per
year under that contract. Vacations, paid holidays, and sick
time are included in this computation. Overtime is not
considered a part of regular hours.

(j) "Full-time retained job" means any employee defined as
having a full-time or full-time equivalent job preserved at a
specific facility or site, the continuance of which is
threatened by a specific and demonstrable threat, which shall
be specified in the application for development assistance. A
recipient who employs labor or services at a specific site or
facility under contract with another may declare one retained
employee per year for every 1,750 man hours worked per year
under that contract, even if different individuals perform
on-site labor or services.
(Source: P.A. 97-905, eff. 8-7-12; revised 10-10-12.)
Section 75. The Corporate Accountability for Tax
Expenditures Act is amended by changing Section 25 as follows:
(20 ILCS 715/25)
Sec. 25. Recapture.
(a) All development assistance agreements shall contain,
at a minimum, the following recapture provisions:
(1) The recipient must (i) make the level of capital
investment in the economic development project specified
in the development assistance agreement; (ii) create or
retain, or both, the requisite number of jobs, paying not
less than specified wages for the created and retained
jobs, within and for the duration of the time period
specified in the legislation authorizing, or the

administrative rules implementing, the development
assistance programs and the development assistance
agreement.
(2) If the recipient fails to create or retain the
requisite number of jobs within and for the time period
specified, in the legislation authorizing, or the
administrative rules implementing, the development
assistance programs and the development assistance
agreement, the recipient shall be deemed to no longer
qualify for the State economic assistance and the
applicable recapture provisions shall take effect.
(3) If the recipient receives State economic
assistance in the form of a High Impact Business
designation pursuant to Section 5.5 of the Illinois
Enterprise Zone Act and the business receives the benefit
of the exemption authorized under Section 5l of the
Retailers' Occupation Tax Act (for the sale of building
materials incorporated into a High Impact Business
location) and the recipient fails to create or retain the
requisite number of jobs, as determined by the legislation
authorizing the development assistance programs or the
administrative rules implementing such legislation, or
both, within the requisite period of time, the recipient
shall be required to pay to the State the full amount of
the State tax exemption that it received as a result of the
High Impact Business designation.

(4) If the recipient receives a grant or loan pursuant
to the Large Business Development Program, the Business
Development Public Infrastructure Program, or the
Industrial Training Program and the recipient fails to
create or retain the requisite number of jobs for the
requisite time period, as provided in the legislation
authorizing the development assistance programs or the
administrative rules implementing such legislation, or
both, or in the development assistance agreement, the
recipient shall be required to repay to the State a pro
rata amount of the grant; that amount shall reflect the
percentage of the deficiency between the requisite number
of jobs to be created or retained by the recipient and the
actual number of such jobs in existence as of the date the
Department determines the recipient is in breach of the job
creation or retention covenants contained in the
development assistance agreement. If the recipient of
development assistance under the Large Business
Development Program, the Business Development Public
Infrastructure Program, or the Industrial Training Program
ceases operations at the specific project site, during the
5-year period commencing on the date of assistance, the
recipient shall be required to repay the entire amount of
the grant or to accelerate repayment of the loan back to
the State.
(5) If the recipient receives a tax credit under the

Economic Development for a Growing Economy tax credit
program, the development assistance agreement must provide
that (i) if the number of new or retained employees falls
below the requisite number set forth in the development
assistance agreement, the allowance of the credit shall be
automatically suspended until the number of new and
retained employees equals or exceeds the requisite number
in the development assistance agreement; (ii) if the
recipient discontinues operations at the specific project
site during the 5-year period after the beginning of the
first tax year for which the Department issues a tax credit
certificate, the recipient shall forfeit all credits taken
by the recipient during such 5-year period; and (iii) in
the event of a revocation or suspension of the credit, the
Department shall contact the Director of Revenue to
initiate proceedings against the recipient to recover
wrongfully exempted Illinois State income taxes and the
recipient shall promptly repay to the Department of Revenue
any wrongfully exempted Illinois State income taxes. The
forfeited amount of credits shall be deemed assessed on the
date the Department contacts the Department of Revenue and
the recipient shall promptly repay to the Department of
Revenue any wrongfully exempted Illinois State income
taxes.
(b) The Director may elect to waive enforcement of any
contractual provision arising out of the development

assistance agreement required by this Act based on a finding
that the waiver is necessary to avert an imminent and
demonstrable hardship to the recipient that may result in such
recipient's insolvency or discharge of workers. If a waiver is
granted, the recipient must agree to a contractual
modification, including recapture provisions, to the
development assistance agreement. The existence of any waiver
granted pursuant to this subsection (b) (c), the date of the
granting of such waiver, and a brief summary of the reasons
supporting the granting of such waiver shall be disclosed
consistent with the provisions of Section 25 of this Act.
(b-5) The Department shall post, on its website, (i) the
identity of each recipient from whom amounts were recaptured
under this Section on or after the effective date of this
amendatory Act of the 97th General Assembly, (ii) the date of
the recapture, (iii) a summary of the reasons supporting the
recapture, and (iv) the amount recaptured from those
recipients.
(c) Beginning June 1, 2004, the Department shall annually
compile a report on the outcomes and effectiveness of recapture
provisions by program, including but not limited to: (i) the
total number of companies that receive development assistance
as defined in this Act; (ii) the total number of recipients in
violation of development agreements with the Department; (iii)
the total number of completed recapture efforts; (iv) the total
number of recapture efforts initiated; and (v) the number of

waivers granted. This report shall be disclosed consistent with
the provisions of Section 20 of this Act.
(d) For the purposes of this Act, recapture provisions do
not include the Illinois Department of Transportation Economic
Development Program, any grants under the Industrial Training
Program that are not given as an incentive to a recipient
business organization, or any successor programs as described
in the term "development assistance" in Section 5 of this Act.
(Source: P.A. 97-2, eff. 5-6-11; 97-721, eff. 6-29-12; revised
10-10-12.)
Section 80. The Department of Human Services Act is amended
by changing Section 10-8 as follows:
(20 ILCS 1305/10-8)
Sec. 10-8. The Autism Research Checkoff Fund; grants;
scientific review committee. The Autism Research Checkoff Fund
is created as a special fund in the State treasury. From
appropriations to the Department from the Fund, the Department
must make grants to public or private entities in Illinois for
the purpose of funding research concerning the disorder of
autism. For purposes of this Section, the term "research"
includes, without limitation, expenditures to develop and
advance the understanding, techniques, and modalities
effective in the detection, prevention, screening, and
treatment of autism and may include clinical trials. No more

than 20% of the grant funds may be used for institutional
overhead costs, indirect costs, other organizational levies,
or costs of community-based support services.
Moneys received for the purposes of this Section,
including, without limitation, income tax checkoff receipts
and gifts, grants, and awards from any public or private
entity, must be deposited into the Fund. Any interest earned on
moneys in the Fund must be deposited into the Fund.
Each year, grantees of the grants provided under this
Section must submit a written report to the Department that
sets forth the types of research that is conducted with the
grant moneys and the status of that research.
The Department shall promulgate rules for the creation of a
scientific review committee to review and assess applications
for the grants authorized under this Section. The Committee
shall serve without compensation.
(Source: P.A. 94-442, eff. 8-4-05; 95-331, eff. 8-21-07;
revised 10-17-12.)
Section 85. The Department of Labor Law of the Civil
Administrative Code of Illinois is amended by changing Section
1505-210 as follows:
(20 ILCS 1505/1505-210)
Sec. 1505-210. Funds. The Department has the authority to
apply for, accept, receive, expend, and administer on behalf of

the State any grants, gifts, bequests, loans, indirect cost
reimbursements, funds, or anything else of value made available
to the Department from any source for assistance with outreach
activities related to the Department's enforcement efforts and
staffing assistance for boards and commissions under the
purview preview of the Department. Any federal funds received
by the Department pursuant to this Section shall be deposited
in a trust fund with the State Treasurer and held and disbursed
by him or her in accordance with the Treasurer as Custodian of
Funds Act, provided that such moneys shall be used only for the
purposes for which they are contributed and any balance
remaining shall be returned to the contributor. The Department
is authorized to promulgate such rules and enter into such
contracts as it may deem necessary in carrying out the
provisions of this Section.
(Source: P.A. 97-745, eff. 7-6-12; revised 8-3-12.)
Section 90. The Illinois Lottery Law is amended by changing
Sections 9.1 and 27 as follows:
(20 ILCS 1605/9.1)
Sec. 9.1. Private manager and management agreement.
(a) As used in this Section:
"Offeror" means a person or group of persons that responds
to a request for qualifications under this Section.
"Request for qualifications" means all materials and

documents prepared by the Department to solicit the following
from offerors:
(1) Statements of qualifications.
(2) Proposals to enter into a management agreement,
including the identity of any prospective vendor or vendors
that the offeror intends to initially engage to assist the
offeror in performing its obligations under the management
agreement.
"Final offer" means the last proposal submitted by an
offeror in response to the request for qualifications,
including the identity of any prospective vendor or vendors
that the offeror intends to initially engage to assist the
offeror in performing its obligations under the management
agreement.
"Final offeror" means the offeror ultimately selected by
the Governor to be the private manager for the Lottery under
subsection (h) of this Section.
(b) By September 15, 2010, the Governor shall select a
private manager for the total management of the Lottery with
integrated functions, such as lottery game design, supply of
goods and services, and advertising and as specified in this
Section.
(c) Pursuant to the terms of this subsection, the
Department shall endeavor to expeditiously terminate the
existing contracts in support of the Lottery in effect on the
effective date of this amendatory Act of the 96th General

Assembly in connection with the selection of the private
manager. As part of its obligation to terminate these contracts
and select the private manager, the Department shall establish
a mutually agreeable timetable to transfer the functions of
existing contractors to the private manager so that existing
Lottery operations are not materially diminished or impaired
during the transition. To that end, the Department shall do the
following:
(1) where such contracts contain a provision
authorizing termination upon notice, the Department shall
provide notice of termination to occur upon the mutually
agreed timetable for transfer of functions;
(2) upon the expiration of any initial term or renewal
term of the current Lottery contracts, the Department shall
not renew such contract for a term extending beyond the
mutually agreed timetable for transfer of functions; or
(3) in the event any current contract provides for
termination of that contract upon the implementation of a
contract with the private manager, the Department shall
perform all necessary actions to terminate the contract on
the date that coincides with the mutually agreed timetable
for transfer of functions.
If the contracts to support the current operation of the
Lottery in effect on the effective date of this amendatory Act
of the 96th General Assembly are not subject to termination as
provided for in this subsection (c), then the Department may

include a provision in the contract with the private manager
specifying a mutually agreeable methodology for incorporation.
(c-5) The Department shall include provisions in the
management agreement whereby the private manager shall, for a
fee, and pursuant to a contract negotiated with the Department
(the "Employee Use Contract"), utilize the services of current
Department employees to assist in the administration and
operation of the Lottery. The Department shall be the employer
of all such bargaining unit employees assigned to perform such
work for the private manager, and such employees shall be State
employees, as defined by the Personnel Code. Department
employees shall operate under the same employment policies,
rules, regulations, and procedures, as other employees of the
Department. In addition, neither historical representation
rights under the Illinois Public Labor Relations Act, nor
existing collective bargaining agreements, shall be disturbed
by the management agreement with the private manager for the
management of the Lottery.
(d) The management agreement with the private manager shall
include all of the following:
(1) A term not to exceed 10 years, including any
renewals.
(2) A provision specifying that the Department:
(A) shall exercise actual control over all
significant business decisions;
(A-5) has the authority to direct or countermand

operating decisions by the private manager at any time;
(B) has ready access at any time to information
regarding Lottery operations;
(C) has the right to demand and receive information
from the private manager concerning any aspect of the
Lottery operations at any time; and
(D) retains ownership of all trade names,
trademarks, and intellectual property associated with
the Lottery.
(3) A provision imposing an affirmative duty on the
private manager to provide the Department with material
information and with any information the private manager
reasonably believes the Department would want to know to
enable the Department to conduct the Lottery.
(4) A provision requiring the private manager to
provide the Department with advance notice of any operating
decision that bears significantly on the public interest,
including, but not limited to, decisions on the kinds of
games to be offered to the public and decisions affecting
the relative risk and reward of the games being offered, so
the Department has a reasonable opportunity to evaluate and
countermand that decision.
(5) A provision providing for compensation of the
private manager that may consist of, among other things, a
fee for services and a performance based bonus as
consideration for managing the Lottery, including terms

that may provide the private manager with an increase in
compensation if Lottery revenues grow by a specified
percentage in a given year.
(6) (Blank).
(7) A provision requiring the deposit of all Lottery
proceeds to be deposited into the State Lottery Fund except
as otherwise provided in Section 20 of this Act.
(8) A provision requiring the private manager to locate
its principal office within the State.
(8-5) A provision encouraging that at least 20% of the
cost of contracts entered into for goods and services by
the private manager in connection with its management of
the Lottery, other than contracts with sales agents or
technical advisors, be awarded to businesses that are a
minority owned business, a female owned business, or a
business owned by a person with disability, as those terms
are defined in the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act.
(9) A requirement that so long as the private manager
complies with all the conditions of the agreement under the
oversight of the Department, the private manager shall have
the following duties and obligations with respect to the
management of the Lottery:
(A) The right to use equipment and other assets
used in the operation of the Lottery.
(B) The rights and obligations under contracts

with retailers and vendors.
(C) The implementation of a comprehensive security
program by the private manager.
(D) The implementation of a comprehensive system
of internal audits.
(E) The implementation of a program by the private
manager to curb compulsive gambling by persons playing
the Lottery.
(F) A system for determining (i) the type of
Lottery games, (ii) the method of selecting winning
tickets, (iii) the manner of payment of prizes to
holders of winning tickets, (iv) the frequency of
drawings of winning tickets, (v) the method to be used
in selling tickets, (vi) a system for verifying the
validity of tickets claimed to be winning tickets,
(vii) the basis upon which retailer commissions are
established by the manager, and (viii) minimum
payouts.
(10) A requirement that advertising and promotion must
be consistent with Section 7.8a of this Act.
(11) A requirement that the private manager market the
Lottery to those residents who are new, infrequent, or
lapsed players of the Lottery, especially those who are
most likely to make regular purchases on the Internet as
permitted by law.
(12) A code of ethics for the private manager's

officers and employees.
(13) A requirement that the Department monitor and
oversee the private manager's practices and take action
that the Department considers appropriate to ensure that
the private manager is in compliance with the terms of the
management agreement, while allowing the manager, unless
specifically prohibited by law or the management
agreement, to negotiate and sign its own contracts with
vendors.
(14) A provision requiring the private manager to
periodically file, at least on an annual basis, appropriate
financial statements in a form and manner acceptable to the
Department.
(15) Cash reserves requirements.
(16) Procedural requirements for obtaining the prior
approval of the Department when a management agreement or
an interest in a management agreement is sold, assigned,
transferred, or pledged as collateral to secure financing.
(17) Grounds for the termination of the management
agreement by the Department or the private manager.
(18) Procedures for amendment of the agreement.
(19) A provision requiring the private manager to
engage in an open and competitive bidding process for any
procurement having a cost in excess of $50,000 that is not
a part of the private manager's final offer. The process
shall favor the selection of a vendor deemed to have

submitted a proposal that provides the Lottery with the
best overall value. The process shall not be subject to the
provisions of the Illinois Procurement Code, unless
specifically required by the management agreement.
(20) The transition of rights and obligations,
including any associated equipment or other assets used in
the operation of the Lottery, from the manager to any
successor manager of the lottery, including the
Department, following the termination of or foreclosure
upon the management agreement.
(21) Right of use of copyrights, trademarks, and
service marks held by the Department in the name of the
State. The agreement must provide that any use of them by
the manager shall only be for the purpose of fulfilling its
obligations under the management agreement during the term
of the agreement.
(22) The disclosure of any information requested by the
Department to enable it to comply with the reporting
requirements and information requests provided for under
subsection (p) of this Section.
(e) Notwithstanding any other law to the contrary, the
Department shall select a private manager through a competitive
request for qualifications process consistent with Section
20-35 of the Illinois Procurement Code, which shall take into
account:
(1) the offeror's ability to market the Lottery to

those residents who are new, infrequent, or lapsed players
of the Lottery, especially those who are most likely to
make regular purchases on the Internet;
(2) the offeror's ability to address the State's
concern with the social effects of gambling on those who
can least afford to do so;
(3) the offeror's ability to provide the most
successful management of the Lottery for the benefit of the
people of the State based on current and past business
practices or plans of the offeror; and
(4) the offeror's poor or inadequate past performance
in servicing, equipping, operating or managing a lottery on
behalf of Illinois, another State or foreign government and
attracting persons who are not currently regular players of
a lottery.
(f) The Department may retain the services of an advisor or
advisors with significant experience in financial services or
the management, operation, and procurement of goods, services,
and equipment for a government-run lottery to assist in the
preparation of the terms of the request for qualifications and
selection of the private manager. Any prospective advisor
seeking to provide services under this subsection (f) shall
disclose any material business or financial relationship
during the past 3 years with any potential offeror, or with a
contractor or subcontractor presently providing goods,
services, or equipment to the Department to support the

Lottery. The Department shall evaluate the material business or
financial relationship of each prospective advisor. The
Department shall not select any prospective advisor with a
substantial business or financial relationship that the
Department deems to impair the objectivity of the services to
be provided by the prospective advisor. During the course of
the advisor's engagement by the Department, and for a period of
one year thereafter, the advisor shall not enter into any
business or financial relationship with any offeror or any
vendor identified to assist an offeror in performing its
obligations under the management agreement. Any advisor
retained by the Department shall be disqualified from being an
offeror. The Department shall not include terms in the request
for qualifications that provide a material advantage whether
directly or indirectly to any potential offeror, or any
contractor or subcontractor presently providing goods,
services, or equipment to the Department to support the
Lottery, including terms contained in previous responses to
requests for proposals or qualifications submitted to
Illinois, another State or foreign government when those terms
are uniquely associated with a particular potential offeror,
contractor, or subcontractor. The request for proposals
offered by the Department on December 22, 2008 as
"LOT08GAMESYS" and reference number "22016176" is declared
void.
(g) The Department shall select at least 2 offerors as

finalists to potentially serve as the private manager no later
than August 9, 2010. Upon making preliminary selections, the
Department shall schedule a public hearing on the finalists'
proposals and provide public notice of the hearing at least 7
calendar days before the hearing. The notice must include all
of the following:
(1) The date, time, and place of the hearing.
(2) The subject matter of the hearing.
(3) A brief description of the management agreement to
be awarded.
(4) The identity of the offerors that have been
selected as finalists to serve as the private manager.
(5) The address and telephone number of the Department.
(h) At the public hearing, the Department shall (i) provide
sufficient time for each finalist to present and explain its
proposal to the Department and the Governor or the Governor's
designee, including an opportunity to respond to questions
posed by the Department, Governor, or designee and (ii) allow
the public and non-selected offerors to comment on the
presentations. The Governor or a designee shall attend the
public hearing. After the public hearing, the Department shall
have 14 calendar days to recommend to the Governor whether a
management agreement should be entered into with a particular
finalist. After reviewing the Department's recommendation, the
Governor may accept or reject the Department's recommendation,
and shall select a final offeror as the private manager by

publication of a notice in the Illinois Procurement Bulletin on
or before September 15, 2010. The Governor shall include in the
notice a detailed explanation and the reasons why the final
offeror is superior to other offerors and will provide
management services in a manner that best achieves the
objectives of this Section. The Governor shall also sign the
management agreement with the private manager.
(i) Any action to contest the private manager selected by
the Governor under this Section must be brought within 7
calendar days after the publication of the notice of the
designation of the private manager as provided in subsection
(h) of this Section.
(j) The Lottery shall remain, for so long as a private
manager manages the Lottery in accordance with provisions of
this Act, a Lottery conducted by the State, and the State shall
not be authorized to sell or transfer the Lottery to a third
party.
(k) Any tangible personal property used exclusively in
connection with the lottery that is owned by the Department and
leased to the private manager shall be owned by the Department
in the name of the State and shall be considered to be public
property devoted to an essential public and governmental
function.
(l) The Department may exercise any of its powers under
this Section or any other law as necessary or desirable for the
execution of the Department's powers under this Section.

(m) Neither this Section nor any management agreement
entered into under this Section prohibits the General Assembly
from authorizing forms of gambling that are not in direct
competition with the Lottery.
(n) The private manager shall be subject to a complete
investigation in the third, seventh, and tenth years of the
agreement (if the agreement is for a 10-year term) by the
Department in cooperation with the Auditor General to determine
whether the private manager has complied with this Section and
the management agreement. The private manager shall bear the
cost of an investigation or reinvestigation of the private
manager under this subsection.
(o) The powers conferred by this Section are in addition
and supplemental to the powers conferred by any other law. If
any other law or rule is inconsistent with this Section,
including, but not limited to, provisions of the Illinois
Procurement Code, then this Section controls as to any
management agreement entered into under this Section. This
Section and any rules adopted under this Section contain full
and complete authority for a management agreement between the
Department and a private manager. No law, procedure,
proceeding, publication, notice, consent, approval, order, or
act by the Department or any other officer, Department, agency,
or instrumentality of the State or any political subdivision is
required for the Department to enter into a management
agreement under this Section. This Section contains full and

complete authority for the Department to approve any contracts
entered into by a private manager with a vendor providing
goods, services, or both goods and services to the private
manager under the terms of the management agreement, including
subcontractors of such vendors.
Upon receipt of a written request from the Chief
Procurement Officer, the Department shall provide to the Chief
Procurement Officer a complete and un-redacted copy of the
management agreement or any contract that is subject to the
Department's approval authority under this subsection (o). The
Department shall provide a copy of the agreement or contract to
the Chief Procurement Officer in the time specified by the
Chief Procurement Officer in his or her written request, but no
later than 5 business days after the request is received by the
Department. The Chief Procurement Officer must retain any
portions of the management agreement or of any contract
designated by the Department as confidential, proprietary, or
trade secret information in complete confidence pursuant to
subsection (g) of Section 7 of the Freedom of Information Act.
The Department shall also provide the Chief Procurement Officer
with reasonable advance written notice of any contract that is
pending Department approval.
Notwithstanding any other provision of this Section to the
contrary, the Chief Procurement Officer shall adopt
administrative rules, including emergency rules, to establish
a procurement process to select a successor private manager if

a private management agreement has been terminated. The
selection process shall at a minimum take into account the
criteria set forth in items (1) through (4) of subsection (e)
of this Section and may include provisions consistent with
subsections (f), (g), (h), and (i) of this Section. The Chief
Procurement Officer shall also implement and administer the
adopted selection process upon the termination of a private
management agreement. The Department, after the Chief
Procurement Officer certifies that the procurement process has
been followed in accordance with the rules adopted under this
subsection (o), shall select a final offeror as the private
manager and sign the management agreement with the private
manager.
Except as provided in Sections 21.2, 21.5, 21.6, 21.7, and
21.8, the Department shall distribute all proceeds of lottery
tickets and shares sold in the following priority and manner:
(1) The payment of prizes and retailer bonuses.
(2) The payment of costs incurred in the operation and
administration of the Lottery, including the payment of
sums due to the private manager under the management
agreement with the Department.
(3) On the last day of each month or as soon thereafter
as possible, the State Comptroller shall direct and the
State Treasurer shall transfer from the State Lottery Fund
to the Common School Fund an amount that is equal to the
proceeds transferred in the corresponding month of fiscal

year 2009, as adjusted for inflation, to the Common School
Fund.
(4) On or before the last day of each fiscal year,
deposit any remaining proceeds, subject to payments under
items (1), (2), and (3) into the Capital Projects Fund each
fiscal year.
(p) The Department shall be subject to the following
reporting and information request requirements:
(1) the Department shall submit written quarterly
reports to the Governor and the General Assembly on the
activities and actions of the private manager selected
under this Section;
(2) upon request of the Chief Procurement Officer, the
Department shall promptly produce information related to
the procurement activities of the Department and the
private manager requested by the Chief Procurement
Officer; the Chief Procurement Officer must retain
confidential, proprietary, or trade secret information
designated by the Department in complete confidence
pursuant to subsection (g) of Section 7 of the Freedom of
Information Act; and
(3) at least 30 days prior to the beginning of the
Department's fiscal year, the Department shall prepare an
annual written report on the activities of the private
manager selected under this Section and deliver that report
to the Governor and General Assembly.

(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-840,
eff. 12-23-09; 97-464, eff. 8-19-11; revised 10-17-12.)
(20 ILCS 1605/27) (from Ch. 120, par. 1177)
Sec. 27. (a) The State Treasurer may, with the consent of
the Superintendent, contract with any person or corporation,
including, without limitation, a bank, banking house, trust
company or investment banking firm, to perform such financial
functions, activities or services in connection with operation
of the lottery as the State Treasurer and the Superintendent
may prescribe.
(b) All proceeds from investments made pursuant to
contracts executed by the State Treasurer, with the consent of
the Superintendent, to perform financial functions, activities
or services in connection with operation of the lottery, shall
be deposited and held by the State Treasurer as ex-officio
custodian thereof, separate and apart from all public money or
funds of this State in a special trust fund outside the State
treasury. Such trust fund shall be known as the "Deferred
Lottery Prize Winners Trust Fund", and shall be administered by
the Superintendent.
The Superintendent shall, at such times and in such amounts
as shall be necessary, prepare and send to the State
Comptroller vouchers requesting payment from the Deferred
Lottery Prize Winners Trust Fund to deferred prize winners, in
a manner that will insure the timely payment of such amounts

owed.
This Act shall constitute an irrevocable appropriation of
all amounts necessary for that purpose, and the irrevocable and
continuing authority for and direction to the Superintendent
and the State Treasurer to make the necessary payments out of
such trust fund for that purpose.
(c) Moneys invested pursuant to subsection (a) of this
Section may be invested only in bonds, notes, certificates of
indebtedness, treasury bills, or other securities constituting
direct obligations of the United States of America and all
securities or obligations the prompt payment of principal and
interest of which is guaranteed by a pledge of the full faith
and credit of the United States of America. Interest earnings
on moneys in the Deferred Lottery Prize Winners Trust Fund
shall remain in such fund and be used to pay the winners of
lottery prizes deferred as to payment until such obligations
are discharged. Proceeds from bonds purchased and interest
accumulated as a result of a grand prize multi-state game
ticket that goes unclaimed will be transferred after the
termination of the relevant claim period directly from the
lottery's Deferred Lottery Prize Winners Trust Fund to each
respective multi-state partner state according to its
contribution ratio.
(c-5) If a deferred lottery prize is not claimed within the
claim period established by game rule, then the securities or
other instruments purchased to fund the prize shall be

liquidated and the liquidated amount shall be transferred to
the State Lottery Fund for disposition pursuant to Section 19
of this Act.
(c-10) The Superintendent may use a portion of the moneys
in the Deferred Lottery Prize Winners Trust Fund to purchase
bonds to pay a lifetime prize if the prize duration exceeds the
length of available securities. If the winner of a lifetime
prize exceeds his or her life expectancy as determined using
actuarial assumptions and the securities or moneys set aside to
pay the prize have been exhausted, moneys in the State Lottery
Fund shall be used to make payments to the winner for the
duration of the winner's life.
(c-15) From time to time, the Superintendent may request
that the State Comptroller transfer any excess moneys in the
Deferred Lottery Prize Winners Trust Fund to the State Lottery
Fund.
(d) This amendatory Act of 1985 shall be construed
liberally to effect the purposes of the Illinois Lottery Law.
(Source: P.A. 97-464, eff. 10-15-11; revised 10-17-12.)
Section 100. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2605-590 as follows:
(20 ILCS 2605/2605-590)
Sec. 2605-590. Drug Traffic Prevention Fund. Moneys

deposited into the Drug Traffic Prevention Fund pursuant to
subsection (e) of Section 5-9-1.1 and subsection (c) of Section
5-9-1.1-5 5-9-1.5 of the Unified Code of Corrections shall be
appropriated to and administered by the Department of State
Police for funding of drug task forces and Metropolitan
Enforcement Groups in accordance with the Intergovernmental
Drug Laws Enforcement Act.
(Source: P.A. 96-1234, eff. 7-23-10; revised 10-17-12.)
Section 105. The Criminal Identification Act is amended by
changing Section 13 as follows:
(20 ILCS 2630/13)
Sec. 13. Retention and release of sealed records.
(a) The Department of State Police shall retain records
sealed under subsection (c),, or (e-5) of Section 5.2 or
impounded under subparagraph (B) of paragraph (9) of subsection
(d) of Section 5.2 and shall release them only as authorized by
this Act. Felony records sealed under subsection (c),, or (e-5)
of Section 5.2 or impounded under subparagraph (B) of paragraph
(9) of subsection (d) of Section 5.2 shall be used and
disseminated by the Department only as otherwise specifically
required or authorized by a federal or State law, rule, or
regulation that requires inquiry into and release of criminal
records, including, but not limited to, subsection (A) of
Section 3 of this Act. However, all requests for records that

have been expunged, sealed, and impounded and the use of those
records are subject to the provisions of Section 2-103 of the
Illinois Human Rights Act. Upon conviction for any offense, the
Department of Corrections shall have access to all sealed
records of the Department pertaining to that individual.
(b) Notwithstanding the foregoing, all sealed or impounded
records are subject to inspection and use by the court and
inspection and use by law enforcement agencies and State's
Attorneys or other prosecutors in carrying out the duties of
their offices.
(c) The sealed or impounded records maintained under
subsection (a) are exempt from disclosure under the Freedom of
Information Act.
(d) The Department of State Police shall commence the
sealing of records of felony arrests and felony convictions
pursuant to the provisions of subsection (c) of Section 5.2 of
this Act no later than one year from the date that funds have
been made available for purposes of establishing the
technologies necessary to implement the changes made by this
amendatory Act of the 93rd General Assembly.
(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13; revised 9-20-12.)
Section 110. The Illinois State Agency Historic Resources
Preservation Act is amended by changing Section 3 as follows:

(20 ILCS 3420/3) (from Ch. 127, par. 133c23)
Sec. 3. Definitions.
(a) "Director" means the Director of Historic Preservation
who shall serve as the State Historic Preservation Officer.
(b) "Agency" shall have the same meaning as in Section 1-20
of the Illinois Administrative Procedure Act, and shall
specifically include all agencies and entities made subject to
such Act by any State statute.
(c) "Historic resource" means any property which is either
publicly or privately held and which:
(1) is listed in the National Register of Historic
Places (hereafter "National Register");
(2) has been formally determined by the Director to be
eligible for listing in the National Register as defined in
Section 106 of Title 16 of the United States Code;
(3) has been nominated by the Director and the Illinois
Historic Sites Advisory Council for listing in the National
Register; or
(4) meets one or more criteria for listing in the
National Register, as determined by the Director; or .
(5) (blank).
(d) "Adverse effect" means:
(1) destruction or alteration of all or part of an
historic resource;
(2) isolation or alteration of the surrounding
environment of an historic resource;

(3) introduction of visual, audible, or atmospheric
elements which are out of character with an historic
resource or which alter its setting;
(4) neglect or improper utilization of an historic
resource which results in its deterioration or
destruction; or
(5) transfer or sale of an historic resource to any
public or private entity without the inclusion of adequate
conditions or restrictions regarding preservation,
maintenance, or use.
(e) "Comment" means the written finding by the Director of
the effect of a State undertaking on an historic resource.
(f) "Undertaking" means any project, activity, or program
that can result in changes in the character or use of historic
property, if any historic property is located in the area of
potential effects. The project, activity or program shall be
under the direct or indirect jurisdiction of a State agency or
licensed or assisted by a State agency. An undertaking
includes, but is not limited to, action which is:
(1) directly undertaken by a State agency;
(2) supported in whole or in part through State
contracts, grants, subsidies, loan guarantees, or any
other form of direct or indirect funding assistance; or
(3) carried out pursuant to a State lease, permit,
license, certificate, approval, or other form of
entitlement or permission.

(g) "Committee" means the Historic Preservation Mediation
Committee.
(h) "Feasible" means capable of being accomplished in a
successful manner within a reasonable period of time, taking
into account economic, environmental, social, and
technological factors.
(i) "Private undertaking" means any undertaking that does
not receive public funding or is not on public lands.
(j) "High probability area" means any occurrence of Cahokia
Alluvium, Carmi Member of the Equality Formation, Grayslake
Peat, Parkland Sand, Peyton Colluvium, the Batavia Member of
the Henry Formation, or the Mackinaw Member, as mapped by
Lineback et al. (1979) at a scale of 1-500,000 within permanent
stream floodplains and including:
(1) 500 yards of the adjoining bluffline crest of the
Fox, Illinois, Kankakee, Kaskaskia, Mississippi, Ohio,
Rock and Wabash Rivers and 300 yards of the adjoining
bluffline crest of all other rivers or
(2) a 500 yard wide area along the shore of Lake
Michigan abutting the high water mark.
(Source: P.A. 97-785, eff. 7-13-12; revised 9-20-12.)
Section 115. The Illinois Finance Authority Act is amended
by changing Section 825-80 as follows:
(20 ILCS 3501/825-80)

Sec. 825-80. Fire truck revolving loan program.
(a) This Section is a continuation and re-enactment of the
fire truck revolving loan program enacted as Section 3-27 of
the Rural Bond Bank Act by Public Act 93-35, effective June 24,
2003, and repealed by Public Act 93-205, effective January 1,
2004. Under the Rural Bond Bank Act, the program was
administered by the Rural Bond Bank and the State Fire Marshal.
(a-5) For purposes of this Section, "brush truck" means a
pickup chassis with or equipped with a flatbed or a pickup box.
The truck must be rated by the manufacturer as between
three-fourths of a ton and one ton and outfitted with a fire or
rescue apparatus.
(b) The Authority and the State Fire Marshal may jointly
administer a fire truck revolving loan program. The program
shall, in instances where sufficient loan funds exist to permit
applications to be accepted, provide zero-interest and
low-interest loans for the purchase of fire trucks by a fire
department, a fire protection district, or a township fire
department. For the purchase of brush trucks by a fire
department, a fire protection district, or a township fire
department, the program shall provide loans at a 2% rate of
simple interest per year for a brush truck if both the chassis
and the apparatus are built outside of Illinois, a 1% rate of
simple interest per year for a brush truck if either the
chassis or the apparatus is built in Illinois, or a 0% rate of
interest for a brush truck if both the chassis and the

apparatus are built in Illinois. The Authority shall make loans
based on need, as determined by the State Fire Marshal.
(c) The loan funds, subject to appropriation, shall be paid
out of the Fire Truck Revolving Loan Fund, a special fund in
the State Treasury. The Fund shall consist of any moneys
transferred or appropriated into the Fund, as well as all
repayments of loans made under the program and any balance
existing in the Fund on the effective date of this Section. The
Fund shall be used for loans to fire departments and fire
protection districts to purchase fire trucks and brush trucks
and for no other purpose. All interest earned on moneys in the
Fund shall be deposited into the Fund. As soon as practical
after January 1, 2013 (the effective date of Public Act 97-901)
this amendatory Act of the 97th General Assembly, all moneys in
the Fire Truck Revolving Loan Fund shall be paid by the State
Fire Marshal to the Authority, and, on and after that the
effective date of this amendatory Act of the 97th General
Assembly, all future moneys deposited into the Fire Truck
Revolving Loan Fund under this Section shall be paid by the
State Fire Marshal to the Authority under the continuing
appropriation provision of subsection (c-1) of this Section;
provided that the Authority and the State Fire Marshal enter
into an intergovernmental agreement to use the moneys
transferred to the Authority from the Fund solely for the
purposes for which the moneys would otherwise be used under
this Section and to set forth procedures to otherwise

administer the use of the moneys.
(c-1) There is hereby appropriated, on a continuing annual
basis in each fiscal year, from the Fire Truck Revolving Loan
Fund, the amount, if any, of funds received into the Fire Truck
Revolving Loan Fund to the State Fire Marshal for payment to
the Authority for the purposes for which the moneys would
otherwise be used under this Section.
(d) A loan for the purchase of fire trucks or brush trucks
may not exceed $250,000 to any fire department or fire
protection district. A loan for the purchase of brush trucks
may not exceed $100,000 per truck. The repayment period for the
loan may not exceed 20 years. The fire department or fire
protection district shall repay each year at least 5% of the
principal amount borrowed or the remaining balance of the loan,
whichever is less. All repayments of loans shall be deposited
into the Fire Truck Revolving Loan Fund.
(e) The Authority and the State Fire Marshal may adopt
rules in accordance with the Illinois Administrative Procedure
Act to administer the program.
(f) Notwithstanding the repeal of Section 3-27 of the Rural
Bond Bank Act, all otherwise lawful actions taken on or after
January 1, 2004 and before the effective date of this Section
by any person under the authority originally granted by that
Section 3-27, including without limitation the granting,
acceptance, and repayment of loans for the purchase of fire
trucks, are hereby validated, and the rights and obligations of

all parties to any such loan are hereby acknowledged and
confirmed.
(Source: P.A. 97-900, eff. 8-6-12; 97-901, eff. 1-1-13; revised
8-23-12.)
Section 120. The Illinois Power Agency Act is amended by
changing Sections 1-75 and 1-92 as follows:
(20 ILCS 3855/1-75)
Sec. 1-75. Planning and Procurement Bureau. The Planning
and Procurement Bureau has the following duties and
responsibilities:
(a) The Planning and Procurement Bureau shall each year,
beginning in 2008, develop procurement plans and conduct
competitive procurement processes in accordance with the
requirements of Section 16-111.5 of the Public Utilities Act
for the eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least 100,000
customers in Illinois. The Planning and Procurement Bureau
shall also develop procurement plans and conduct competitive
procurement processes in accordance with the requirements of
Section 16-111.5 of the Public Utilities Act for the eligible
retail customers of small multi-jurisdictional electric
utilities that (i) on December 31, 2005 served less than
100,000 customers in Illinois and (ii) request a procurement
plan for their Illinois jurisdictional load. This Section shall

not apply to a small multi-jurisdictional utility until such
time as a small multi-jurisdictional utility requests the
Agency to prepare a procurement plan for their Illinois
jurisdictional load. For the purposes of this Section, the term
"eligible retail customers" has the same definition as found in
Section 16-111.5(a) of the Public Utilities Act.
(1) The Agency shall each year, beginning in 2008, as
needed, issue a request for qualifications for experts or
expert consulting firms to develop the procurement plans in
accordance with Section 16-111.5 of the Public Utilities
Act. In order to qualify an expert or expert consulting
firm must have:
(A) direct previous experience assembling
large-scale power supply plans or portfolios for
end-use customers;
(B) an advanced degree in economics, mathematics,
engineering, risk management, or a related area of
study;
(C) 10 years of experience in the electricity
sector, including managing supply risk;
(D) expertise in wholesale electricity market
rules, including those established by the Federal
Energy Regulatory Commission and regional transmission
organizations;
(E) expertise in credit protocols and familiarity
with contract protocols;

(F) adequate resources to perform and fulfill the
required functions and responsibilities; and
(G) the absence of a conflict of interest and
inappropriate bias for or against potential bidders or
the affected electric utilities.
(2) The Agency shall each year, as needed, issue a
request for qualifications for a procurement administrator
to conduct the competitive procurement processes in
accordance with Section 16-111.5 of the Public Utilities
Act. In order to qualify an expert or expert consulting
firm must have:
(A) direct previous experience administering a
large-scale competitive procurement process;
(B) an advanced degree in economics, mathematics,
engineering, or a related area of study;
(C) 10 years of experience in the electricity
sector, including risk management experience;
(D) expertise in wholesale electricity market
rules, including those established by the Federal
Energy Regulatory Commission and regional transmission
organizations;
(E) expertise in credit and contract protocols;
(F) adequate resources to perform and fulfill the
required functions and responsibilities; and
(G) the absence of a conflict of interest and
inappropriate bias for or against potential bidders or

the affected electric utilities.
(3) The Agency shall provide affected utilities and
other interested parties with the lists of qualified
experts or expert consulting firms identified through the
request for qualifications processes that are under
consideration to develop the procurement plans and to serve
as the procurement administrator. The Agency shall also
provide each qualified expert's or expert consulting
firm's response to the request for qualifications. All
information provided under this subparagraph shall also be
provided to the Commission. The Agency may provide by rule
for fees associated with supplying the information to
utilities and other interested parties. These parties
shall, within 5 business days, notify the Agency in writing
if they object to any experts or expert consulting firms on
the lists. Objections shall be based on:
(A) failure to satisfy qualification criteria;
(B) identification of a conflict of interest; or
(C) evidence of inappropriate bias for or against
potential bidders or the affected utilities.
The Agency shall remove experts or expert consulting
firms from the lists within 10 days if there is a
reasonable basis for an objection and provide the updated
lists to the affected utilities and other interested
parties. If the Agency fails to remove an expert or expert
consulting firm from a list, an objecting party may seek

review by the Commission within 5 days thereafter by filing
a petition, and the Commission shall render a ruling on the
petition within 10 days. There is no right of appeal of the
Commission's ruling.
(4) The Agency shall issue requests for proposals to
the qualified experts or expert consulting firms to develop
a procurement plan for the affected utilities and to serve
as procurement administrator.
(5) The Agency shall select an expert or expert
consulting firm to develop procurement plans based on the
proposals submitted and shall award contracts of up to 5
years to those selected.
(6) The Agency shall select an expert or expert
consulting firm, with approval of the Commission, to serve
as procurement administrator based on the proposals
submitted. If the Commission rejects, within 5 days, the
Agency's selection, the Agency shall submit another
recommendation within 3 days based on the proposals
submitted. The Agency shall award a 5-year contract to the
expert or expert consulting firm so selected with
Commission approval.
(b) The experts or expert consulting firms retained by the
Agency shall, as appropriate, prepare procurement plans, and
conduct a competitive procurement process as prescribed in
Section 16-111.5 of the Public Utilities Act, to ensure
adequate, reliable, affordable, efficient, and environmentally

sustainable electric service at the lowest total cost over
time, taking into account any benefits of price stability, for
eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least 100,000
customers in the State of Illinois, and for eligible Illinois
retail customers of small multi-jurisdictional electric
utilities that (i) on December 31, 2005 served less than
100,000 customers in Illinois and (ii) request a procurement
plan for their Illinois jurisdictional load.
(c) Renewable portfolio standard.
(1) The procurement plans shall include cost-effective
renewable energy resources. A minimum percentage of each
utility's total supply to serve the load of eligible retail
customers, as defined in Section 16-111.5(a) of the Public
Utilities Act, procured for each of the following years
shall be generated from cost-effective renewable energy
resources: at least 2% by June 1, 2008; at least 4% by June
1, 2009; at least 5% by June 1, 2010; at least 6% by June 1,
2011; at least 7% by June 1, 2012; at least 8% by June 1,
2013; at least 9% by June 1, 2014; at least 10% by June 1,
2015; and increasing by at least 1.5% each year thereafter
to at least 25% by June 1, 2025. To the extent that it is
available, at least 75% of the renewable energy resources
used to meet these standards shall come from wind
generation and, beginning on June 1, 2011, at least the
following percentages of the renewable energy resources

used to meet these standards shall come from photovoltaics
on the following schedule: 0.5% by June 1, 2012, 1.5% by
June 1, 2013; 3% by June 1, 2014; and 6% by June 1, 2015 and
thereafter. Of the renewable energy resources procured
pursuant to this Section, at least the following
percentages shall come from distributed renewable energy
generation devices: 0.5% by June 1, 2013, 0.75% by June 1,
2014, and 1% by June 1, 2015 and thereafter. To the extent
available, half of the renewable energy resources procured
from distributed renewable energy generation shall come
from devices of less than 25 kilowatts in nameplate
capacity. Renewable energy resources procured from
distributed generation devices may also count towards the
required percentages for wind and solar photovoltaics.
Procurement of renewable energy resources from distributed
renewable energy generation devices shall be done on an
annual basis through multi-year contracts of no less than 5
years, and shall consist solely of renewable energy
credits.
The Agency shall create credit requirements for
suppliers of distributed renewable energy. In order to
minimize the administrative burden on contracting
entities, the Agency shall solicit the use of third-party
organizations to aggregate distributed renewable energy
into groups of no less than one megawatt in installed
capacity. These third-party organizations shall administer

contracts with individual distributed renewable energy
generation device owners. An individual distributed
renewable energy generation device owner shall have the
ability to measure the output of his or her distributed
renewable energy generation device.
For purposes of this subsection (c), "cost-effective"
means that the costs of procuring renewable energy
resources do not cause the limit stated in paragraph (2) of
this subsection (c) to be exceeded and do not exceed
benchmarks based on market prices for renewable energy
resources in the region, which shall be developed by the
procurement administrator, in consultation with the
Commission staff, Agency staff, and the procurement
monitor and shall be subject to Commission review and
approval.
(2) For purposes of this subsection (c), the required
procurement of cost-effective renewable energy resources
for a particular year shall be measured as a percentage of
the actual amount of electricity (megawatt-hours) supplied
by the electric utility to eligible retail customers in the
planning year ending immediately prior to the procurement.
For purposes of this subsection (c), the amount paid per
kilowatthour means the total amount paid for electric
service expressed on a per kilowatthour basis. For purposes
of this subsection (c), the total amount paid for electric
service includes without limitation amounts paid for

supply, transmission, distribution, surcharges, and add-on
taxes.
Notwithstanding the requirements of this subsection
(c), the total of renewable energy resources procured
pursuant to the procurement plan for any single year shall
be reduced by an amount necessary to limit the annual
estimated average net increase due to the costs of these
resources included in the amounts paid by eligible retail
customers in connection with electric service to:
(A) in 2008, no more than 0.5% of the amount paid
per kilowatthour by those customers during the year
ending May 31, 2007;
(B) in 2009, the greater of an additional 0.5% of
the amount paid per kilowatthour by those customers
during the year ending May 31, 2008 or 1% of the amount
paid per kilowatthour by those customers during the
year ending May 31, 2007;
(C) in 2010, the greater of an additional 0.5% of
the amount paid per kilowatthour by those customers
during the year ending May 31, 2009 or 1.5% of the
amount paid per kilowatthour by those customers during
the year ending May 31, 2007;
(D) in 2011, the greater of an additional 0.5% of
the amount paid per kilowatthour by those customers
during the year ending May 31, 2010 or 2% of the amount
paid per kilowatthour by those customers during the

year ending May 31, 2007; and
(E) thereafter, the amount of renewable energy
resources procured pursuant to the procurement plan
for any single year shall be reduced by an amount
necessary to limit the estimated average net increase
due to the cost of these resources included in the
amounts paid by eligible retail customers in
connection with electric service to no more than the
greater of 2.015% of the amount paid per kilowatthour
by those customers during the year ending May 31, 2007
or the incremental amount per kilowatthour paid for
these resources in 2011.
No later than June 30, 2011, the Commission shall
review the limitation on the amount of renewable energy
resources procured pursuant to this subsection (c) and
report to the General Assembly its findings as to
whether that limitation unduly constrains the
procurement of cost-effective renewable energy
resources.
(3) Through June 1, 2011, renewable energy resources
shall be counted for the purpose of meeting the renewable
energy standards set forth in paragraph (1) of this
subsection (c) only if they are generated from facilities
located in the State, provided that cost-effective
renewable energy resources are available from those
facilities. If those cost-effective resources are not

available in Illinois, they shall be procured in states
that adjoin Illinois and may be counted towards compliance.
If those cost-effective resources are not available in
Illinois or in states that adjoin Illinois, they shall be
purchased elsewhere and shall be counted towards
compliance. After June 1, 2011, cost-effective renewable
energy resources located in Illinois and in states that
adjoin Illinois may be counted towards compliance with the
standards set forth in paragraph (1) of this subsection
(c). If those cost-effective resources are not available in
Illinois or in states that adjoin Illinois, they shall be
purchased elsewhere and shall be counted towards
compliance.
(4) The electric utility shall retire all renewable
energy credits used to comply with the standard.
(5) Beginning with the year commencing June 1, 2010, an
electric utility subject to this subsection (c) shall apply
the lesser of the maximum alternative compliance payment
rate or the most recent estimated alternative compliance
payment rate for its service territory for the
corresponding compliance period, established pursuant to
subsection (d) of Section 16-115D of the Public Utilities
Act to its retail customers that take service pursuant to
the electric utility's hourly pricing tariff or tariffs.
The electric utility shall retain all amounts collected as
a result of the application of the alternative compliance

payment rate or rates to such customers, and, beginning in
2011, the utility shall include in the information provided
under item (1) of subsection (d) of Section 16-111.5 of the
Public Utilities Act the amounts collected under the
alternative compliance payment rate or rates for the prior
year ending May 31. Notwithstanding any limitation on the
procurement of renewable energy resources imposed by item
(2) of this subsection (c), the Agency shall increase its
spending on the purchase of renewable energy resources to
be procured by the electric utility for the next plan year
by an amount equal to the amounts collected by the utility
under the alternative compliance payment rate or rates in
the prior year ending May 31. Beginning April 1, 2012, and
each year thereafter, the Agency shall prepare a public
report for the General Assembly and Illinois Commerce
Commission that shall include, but not necessarily be
limited to:
(A) a comparison of the costs associated with the
Agency's procurement of renewable energy resources to
(1) the Agency's costs associated with electricity
generated by other types of generation facilities and
(2) the benefits associated with the Agency's
procurement of renewable energy resources; and
(B) an analysis of the rate impacts associated with
the Illinois Power Agency's procurement of renewable
resources, including, but not limited to, any

long-term contracts, on the eligible retail customers
of electric utilities.
The analysis shall include the Agency's estimate of the
total dollar impact that the Agency's procurement of
renewable resources has had on the annual electricity bills
of the customer classes that comprise each eligible retail
customer class taking service from an electric utility. The
Agency's report shall also analyze how the operation of the
alternative compliance payment mechanism, any long-term
contracts, or other aspects of the applicable renewable
portfolio standards impacts the rates of customers of
alternative retail electric suppliers.
(d) Clean coal portfolio standard.
(1) The procurement plans shall include electricity
generated using clean coal. Each utility shall enter into
one or more sourcing agreements with the initial clean coal
facility, as provided in paragraph (3) of this subsection
(d), covering electricity generated by the initial clean
coal facility representing at least 5% of each utility's
total supply to serve the load of eligible retail customers
in 2015 and each year thereafter, as described in paragraph
(3) of this subsection (d), subject to the limits specified
in paragraph (2) of this subsection (d). It is the goal of
the State that by January 1, 2025, 25% of the electricity
used in the State shall be generated by cost-effective
clean coal facilities. For purposes of this subsection (d),

"cost-effective" means that the expenditures pursuant to
such sourcing agreements do not cause the limit stated in
paragraph (2) of this subsection (d) to be exceeded and do
not exceed cost-based benchmarks, which shall be developed
to assess all expenditures pursuant to such sourcing
agreements covering electricity generated by clean coal
facilities, other than the initial clean coal facility, by
the procurement administrator, in consultation with the
Commission staff, Agency staff, and the procurement
monitor and shall be subject to Commission review and
approval.
A utility party to a sourcing agreement shall
immediately retire any emission credits that it receives in
connection with the electricity covered by such agreement.
Utilities shall maintain adequate records documenting
the purchases under the sourcing agreement to comply with
this subsection (d) and shall file an accounting with the
load forecast that must be filed with the Agency by July 15
of each year, in accordance with subsection (d) of Section
16-111.5 of the Public Utilities Act.
A utility shall be deemed to have complied with the
clean coal portfolio standard specified in this subsection
(d) if the utility enters into a sourcing agreement as
required by this subsection (d).
(2) For purposes of this subsection (d), the required
execution of sourcing agreements with the initial clean

coal facility for a particular year shall be measured as a
percentage of the actual amount of electricity
(megawatt-hours) supplied by the electric utility to
eligible retail customers in the planning year ending
immediately prior to the agreement's execution. For
purposes of this subsection (d), the amount paid per
kilowatthour means the total amount paid for electric
service expressed on a per kilowatthour basis. For purposes
of this subsection (d), the total amount paid for electric
service includes without limitation amounts paid for
supply, transmission, distribution, surcharges and add-on
taxes.
Notwithstanding the requirements of this subsection
(d), the total amount paid under sourcing agreements with
clean coal facilities pursuant to the procurement plan for
any given year shall be reduced by an amount necessary to
limit the annual estimated average net increase due to the
costs of these resources included in the amounts paid by
eligible retail customers in connection with electric
service to:
(A) in 2010, no more than 0.5% of the amount paid
per kilowatthour by those customers during the year
ending May 31, 2009;
(B) in 2011, the greater of an additional 0.5% of
the amount paid per kilowatthour by those customers
during the year ending May 31, 2010 or 1% of the amount

paid per kilowatthour by those customers during the
year ending May 31, 2009;
(C) in 2012, the greater of an additional 0.5% of
the amount paid per kilowatthour by those customers
during the year ending May 31, 2011 or 1.5% of the
amount paid per kilowatthour by those customers during
the year ending May 31, 2009;
(D) in 2013, the greater of an additional 0.5% of
the amount paid per kilowatthour by those customers
during the year ending May 31, 2012 or 2% of the amount
paid per kilowatthour by those customers during the
year ending May 31, 2009; and
(E) thereafter, the total amount paid under
sourcing agreements with clean coal facilities
pursuant to the procurement plan for any single year
shall be reduced by an amount necessary to limit the
estimated average net increase due to the cost of these
resources included in the amounts paid by eligible
retail customers in connection with electric service
to no more than the greater of (i) 2.015% of the amount
paid per kilowatthour by those customers during the
year ending May 31, 2009 or (ii) the incremental amount
per kilowatthour paid for these resources in 2013.
These requirements may be altered only as provided by
statute.
No later than June 30, 2015, the Commission shall

review the limitation on the total amount paid under
sourcing agreements, if any, with clean coal facilities
pursuant to this subsection (d) and report to the General
Assembly its findings as to whether that limitation unduly
constrains the amount of electricity generated by
cost-effective clean coal facilities that is covered by
sourcing agreements.
(3) Initial clean coal facility. In order to promote
development of clean coal facilities in Illinois, each
electric utility subject to this Section shall execute a
sourcing agreement to source electricity from a proposed
clean coal facility in Illinois (the "initial clean coal
facility") that will have a nameplate capacity of at least
500 MW when commercial operation commences, that has a
final Clean Air Act permit on the effective date of this
amendatory Act of the 95th General Assembly, and that will
meet the definition of clean coal facility in Section 1-10
of this Act when commercial operation commences. The
sourcing agreements with this initial clean coal facility
shall be subject to both approval of the initial clean coal
facility by the General Assembly and satisfaction of the
requirements of paragraph (4) of this subsection (d) and
shall be executed within 90 days after any such approval by
the General Assembly. The Agency and the Commission shall
have authority to inspect all books and records associated
with the initial clean coal facility during the term of

such a sourcing agreement. A utility's sourcing agreement
for electricity produced by the initial clean coal facility
shall include:
(A) a formula contractual price (the "contract
price") approved pursuant to paragraph (4) of this
subsection (d), which shall:
(i) be determined using a cost of service
methodology employing either a level or deferred
capital recovery component, based on a capital
structure consisting of 45% equity and 55% debt,
and a return on equity as may be approved by the
Federal Energy Regulatory Commission, which in any
case may not exceed the lower of 11.5% or the rate
of return approved by the General Assembly
pursuant to paragraph (4) of this subsection (d);
and
(ii) provide that all miscellaneous net
revenue, including but not limited to net revenue
from the sale of emission allowances, if any,
substitute natural gas, if any, grants or other
support provided by the State of Illinois or the
United States Government, firm transmission
rights, if any, by-products produced by the
facility, energy or capacity derived from the
facility and not covered by a sourcing agreement
pursuant to paragraph (3) of this subsection (d) or

item (5) of subsection (d) of Section 16-115 of the
Public Utilities Act, whether generated from the
synthesis gas derived from coal, from SNG, or from
natural gas, shall be credited against the revenue
requirement for this initial clean coal facility;
(B) power purchase provisions, which shall:
(i) provide that the utility party to such
sourcing agreement shall pay the contract price
for electricity delivered under such sourcing
agreement;
(ii) require delivery of electricity to the
regional transmission organization market of the
utility that is party to such sourcing agreement;
(iii) require the utility party to such
sourcing agreement to buy from the initial clean
coal facility in each hour an amount of energy
equal to all clean coal energy made available from
the initial clean coal facility during such hour
times a fraction, the numerator of which is such
utility's retail market sales of electricity
(expressed in kilowatthours sold) in the State
during the prior calendar month and the
denominator of which is the total retail market
sales of electricity (expressed in kilowatthours
sold) in the State by utilities during such prior
month and the sales of electricity (expressed in

kilowatthours sold) in the State by alternative
retail electric suppliers during such prior month
that are subject to the requirements of this
subsection (d) and paragraph (5) of subsection (d)
of Section 16-115 of the Public Utilities Act,
provided that the amount purchased by the utility
in any year will be limited by paragraph (2) of
this subsection (d); and
(iv) be considered pre-existing contracts in
such utility's procurement plans for eligible
retail customers;
(C) contract for differences provisions, which
shall:
(i) require the utility party to such sourcing
agreement to contract with the initial clean coal
facility in each hour with respect to an amount of
energy equal to all clean coal energy made
available from the initial clean coal facility
during such hour times a fraction, the numerator of
which is such utility's retail market sales of
electricity (expressed in kilowatthours sold) in
the utility's service territory in the State
during the prior calendar month and the
denominator of which is the total retail market
sales of electricity (expressed in kilowatthours
sold) in the State by utilities during such prior

month and the sales of electricity (expressed in
kilowatthours sold) in the State by alternative
retail electric suppliers during such prior month
that are subject to the requirements of this
subsection (d) and paragraph (5) of subsection (d)
of Section 16-115 of the Public Utilities Act,
provided that the amount paid by the utility in any
year will be limited by paragraph (2) of this
subsection (d);
(ii) provide that the utility's payment
obligation in respect of the quantity of
electricity determined pursuant to the preceding
clause (i) shall be limited to an amount equal to
(1) the difference between the contract price
determined pursuant to subparagraph (A) of
paragraph (3) of this subsection (d) and the
day-ahead price for electricity delivered to the
regional transmission organization market of the
utility that is party to such sourcing agreement
(or any successor delivery point at which such
utility's supply obligations are financially
settled on an hourly basis) (the "reference
price") on the day preceding the day on which the
electricity is delivered to the initial clean coal
facility busbar, multiplied by (2) the quantity of
electricity determined pursuant to the preceding

clause (i); and
(iii) not require the utility to take physical
delivery of the electricity produced by the
facility;
(D) general provisions, which shall:
(i) specify a term of no more than 30 years,
commencing on the commercial operation date of the
facility;
(ii) provide that utilities shall maintain
adequate records documenting purchases under the
sourcing agreements entered into to comply with
this subsection (d) and shall file an accounting
with the load forecast that must be filed with the
Agency by July 15 of each year, in accordance with
subsection (d) of Section 16-111.5 of the Public
Utilities Act; .
(iii) provide that all costs associated with
the initial clean coal facility will be
periodically reported to the Federal Energy
Regulatory Commission and to purchasers in
accordance with applicable laws governing
cost-based wholesale power contracts;
(iv) permit the Illinois Power Agency to
assume ownership of the initial clean coal
facility, without monetary consideration and
otherwise on reasonable terms acceptable to the

Agency, if the Agency so requests no less than 3
years prior to the end of the stated contract term;
(v) require the owner of the initial clean coal
facility to provide documentation to the
Commission each year, starting in the facility's
first year of commercial operation, accurately
reporting the quantity of carbon emissions from
the facility that have been captured and
sequestered and report any quantities of carbon
released from the site or sites at which carbon
emissions were sequestered in prior years, based
on continuous monitoring of such sites. If, in any
year after the first year of commercial operation,
the owner of the facility fails to demonstrate that
the initial clean coal facility captured and
sequestered at least 50% of the total carbon
emissions that the facility would otherwise emit
or that sequestration of emissions from prior
years has failed, resulting in the release of
carbon dioxide into the atmosphere, the owner of
the facility must offset excess emissions. Any
such carbon offsets must be permanent, additional,
verifiable, real, located within the State of
Illinois, and legally and practicably enforceable.
The cost of such offsets for the facility that are
not recoverable shall not exceed $15 million in any

given year. No costs of any such purchases of
carbon offsets may be recovered from a utility or
its customers. All carbon offsets purchased for
this purpose and any carbon emission credits
associated with sequestration of carbon from the
facility must be permanently retired. The initial
clean coal facility shall not forfeit its
designation as a clean coal facility if the
facility fails to fully comply with the applicable
carbon sequestration requirements in any given
year, provided the requisite offsets are
purchased. However, the Attorney General, on
behalf of the People of the State of Illinois, may
specifically enforce the facility's sequestration
requirement and the other terms of this contract
provision. Compliance with the sequestration
requirements and offset purchase requirements
specified in paragraph (3) of this subsection (d)
shall be reviewed annually by an independent
expert retained by the owner of the initial clean
coal facility, with the advance written approval
of the Attorney General. The Commission may, in the
course of the review specified in item (vii),
reduce the allowable return on equity for the
facility if the facility wilfully fails to comply
with the carbon capture and sequestration

requirements set forth in this item (v);
(vi) include limits on, and accordingly
provide for modification of, the amount the
utility is required to source under the sourcing
agreement consistent with paragraph (2) of this
subsection (d);
(vii) require Commission review: (1) to
determine the justness, reasonableness, and
prudence of the inputs to the formula referenced in
subparagraphs (A)(i) through (A)(iii) of paragraph
(3) of this subsection (d), prior to an adjustment
in those inputs including, without limitation, the
capital structure and return on equity, fuel
costs, and other operations and maintenance costs
and (2) to approve the costs to be passed through
to customers under the sourcing agreement by which
the utility satisfies its statutory obligations.
Commission review shall occur no less than every 3
years, regardless of whether any adjustments have
been proposed, and shall be completed within 9
months;
(viii) limit the utility's obligation to such
amount as the utility is allowed to recover through
tariffs filed with the Commission, provided that
neither the clean coal facility nor the utility
waives any right to assert federal pre-emption or

any other argument in response to a purported
disallowance of recovery costs;
(ix) limit the utility's or alternative retail
electric supplier's obligation to incur any
liability until such time as the facility is in
commercial operation and generating power and
energy and such power and energy is being delivered
to the facility busbar;
(x) provide that the owner or owners of the
initial clean coal facility, which is the
counterparty to such sourcing agreement, shall
have the right from time to time to elect whether
the obligations of the utility party thereto shall
be governed by the power purchase provisions or the
contract for differences provisions;
(xi) append documentation showing that the
formula rate and contract, insofar as they relate
to the power purchase provisions, have been
approved by the Federal Energy Regulatory
Commission pursuant to Section 205 of the Federal
Power Act;
(xii) provide that any changes to the terms of
the contract, insofar as such changes relate to the
power purchase provisions, are subject to review
under the public interest standard applied by the
Federal Energy Regulatory Commission pursuant to

Sections 205 and 206 of the Federal Power Act; and
(xiii) conform with customary lender
requirements in power purchase agreements used as
the basis for financing non-utility generators.
(4) Effective date of sourcing agreements with the
initial clean coal facility.
Any proposed sourcing agreement with the initial clean
coal facility shall not become effective unless the
following reports are prepared and submitted and
authorizations and approvals obtained:
(i) Facility cost report. The owner of the initial
clean coal facility shall submit to the Commission, the
Agency, and the General Assembly a front-end
engineering and design study, a facility cost report,
method of financing (including but not limited to
structure and associated costs), and an operating and
maintenance cost quote for the facility (collectively
"facility cost report"), which shall be prepared in
accordance with the requirements of this paragraph (4)
of subsection (d) of this Section, and shall provide
the Commission and the Agency access to the work
papers, relied upon documents, and any other backup
documentation related to the facility cost report.
(ii) Commission report. Within 6 months following
receipt of the facility cost report, the Commission, in
consultation with the Agency, shall submit a report to

the General Assembly setting forth its analysis of the
facility cost report. Such report shall include, but
not be limited to, a comparison of the costs associated
with electricity generated by the initial clean coal
facility to the costs associated with electricity
generated by other types of generation facilities, an
analysis of the rate impacts on residential and small
business customers over the life of the sourcing
agreements, and an analysis of the likelihood that the
initial clean coal facility will commence commercial
operation by and be delivering power to the facility's
busbar by 2016. To assist in the preparation of its
report, the Commission, in consultation with the
Agency, may hire one or more experts or consultants,
the costs of which shall be paid for by the owner of
the initial clean coal facility. The Commission and
Agency may begin the process of selecting such experts
or consultants prior to receipt of the facility cost
report.
(iii) General Assembly approval. The proposed
sourcing agreements shall not take effect unless,
based on the facility cost report and the Commission's
report, the General Assembly enacts authorizing
legislation approving (A) the projected price, stated
in cents per kilowatthour, to be charged for
electricity generated by the initial clean coal

facility, (B) the projected impact on residential and
small business customers' bills over the life of the
sourcing agreements, and (C) the maximum allowable
return on equity for the project; and
(iv) Commission review. If the General Assembly
enacts authorizing legislation pursuant to
subparagraph (iii) approving a sourcing agreement, the
Commission shall, within 90 days of such enactment,
complete a review of such sourcing agreement. During
such time period, the Commission shall implement any
directive of the General Assembly, resolve any
disputes between the parties to the sourcing agreement
concerning the terms of such agreement, approve the
form of such agreement, and issue an order finding that
the sourcing agreement is prudent and reasonable.
The facility cost report shall be prepared as follows:
(A) The facility cost report shall be prepared by
duly licensed engineering and construction firms
detailing the estimated capital costs payable to one or
more contractors or suppliers for the engineering,
procurement and construction of the components
comprising the initial clean coal facility and the
estimated costs of operation and maintenance of the
facility. The facility cost report shall include:
(i) an estimate of the capital cost of the core
plant based on one or more front end engineering

and design studies for the gasification island and
related facilities. The core plant shall include
all civil, structural, mechanical, electrical,
control, and safety systems.
(ii) an estimate of the capital cost of the
balance of the plant, including any capital costs
associated with sequestration of carbon dioxide
emissions and all interconnects and interfaces
required to operate the facility, such as
transmission of electricity, construction or
backfeed power supply, pipelines to transport
substitute natural gas or carbon dioxide, potable
water supply, natural gas supply, water supply,
water discharge, landfill, access roads, and coal
delivery.
The quoted construction costs shall be expressed
in nominal dollars as of the date that the quote is
prepared and shall include capitalized financing costs
during construction, taxes, insurance, and other
owner's costs, and an assumed escalation in materials
and labor beyond the date as of which the construction
cost quote is expressed.
(B) The front end engineering and design study for
the gasification island and the cost study for the
balance of plant shall include sufficient design work
to permit quantification of major categories of

materials, commodities and labor hours, and receipt of
quotes from vendors of major equipment required to
construct and operate the clean coal facility.
(C) The facility cost report shall also include an
operating and maintenance cost quote that will provide
the estimated cost of delivered fuel, personnel,
maintenance contracts, chemicals, catalysts,
consumables, spares, and other fixed and variable
operations and maintenance costs. The delivered fuel
cost estimate will be provided by a recognized third
party expert or experts in the fuel and transportation
industries. The balance of the operating and
maintenance cost quote, excluding delivered fuel
costs, will be developed based on the inputs provided
by duly licensed engineering and construction firms
performing the construction cost quote, potential
vendors under long-term service agreements and plant
operating agreements, or recognized third party plant
operator or operators.
The operating and maintenance cost quote
(including the cost of the front end engineering and
design study) shall be expressed in nominal dollars as
of the date that the quote is prepared and shall
include taxes, insurance, and other owner's costs, and
an assumed escalation in materials and labor beyond the
date as of which the operating and maintenance cost

quote is expressed.
(D) The facility cost report shall also include an
analysis of the initial clean coal facility's ability
to deliver power and energy into the applicable
regional transmission organization markets and an
analysis of the expected capacity factor for the
initial clean coal facility.
(E) Amounts paid to third parties unrelated to the
owner or owners of the initial clean coal facility to
prepare the core plant construction cost quote,
including the front end engineering and design study,
and the operating and maintenance cost quote will be
reimbursed through Coal Development Bonds.
(5) Re-powering and retrofitting coal-fired power
plants previously owned by Illinois utilities to qualify as
clean coal facilities. During the 2009 procurement
planning process and thereafter, the Agency and the
Commission shall consider sourcing agreements covering
electricity generated by power plants that were previously
owned by Illinois utilities and that have been or will be
converted into clean coal facilities, as defined by Section
1-10 of this Act. Pursuant to such procurement planning
process, the owners of such facilities may propose to the
Agency sourcing agreements with utilities and alternative
retail electric suppliers required to comply with
subsection (d) of this Section and item (5) of subsection

(d) of Section 16-115 of the Public Utilities Act, covering
electricity generated by such facilities. In the case of
sourcing agreements that are power purchase agreements,
the contract price for electricity sales shall be
established on a cost of service basis. In the case of
sourcing agreements that are contracts for differences,
the contract price from which the reference price is
subtracted shall be established on a cost of service basis.
The Agency and the Commission may approve any such utility
sourcing agreements that do not exceed cost-based
benchmarks developed by the procurement administrator, in
consultation with the Commission staff, Agency staff and
the procurement monitor, subject to Commission review and
approval. The Commission shall have authority to inspect
all books and records associated with these clean coal
facilities during the term of any such contract.
(6) Costs incurred under this subsection (d) or
pursuant to a contract entered into under this subsection
(d) shall be deemed prudently incurred and reasonable in
amount and the electric utility shall be entitled to full
cost recovery pursuant to the tariffs filed with the
Commission.
(e) The draft procurement plans are subject to public
comment, as required by Section 16-111.5 of the Public
Utilities Act.
(f) The Agency shall submit the final procurement plan to

the Commission. The Agency shall revise a procurement plan if
the Commission determines that it does not meet the standards
set forth in Section 16-111.5 of the Public Utilities Act.
(g) The Agency shall assess fees to each affected utility
to recover the costs incurred in preparation of the annual
procurement plan for the utility.
(h) The Agency shall assess fees to each bidder to recover
the costs incurred in connection with a competitive procurement
process.
(Source: P.A. 96-159, eff. 8-10-09; 96-1437, eff. 8-17-10;
97-325, eff. 8-12-11; 97-616, eff. 10-26-11; 97-618, eff.
10-26-11; 97-658, eff. 1-13-12; 97-813, eff. 7-13-12; revised
7-25-12.)
(20 ILCS 3855/1-92)
Sec. 1-92. Aggregation of electrical load by
municipalities, townships, and counties.
(a) The corporate authorities of a municipality, township
board, or county board of a county may adopt an ordinance under
which it may aggregate in accordance with this Section
residential and small commercial retail electrical loads
located, respectively, within the municipality, the township,
or the unincorporated areas of the county and, for that
purpose, may solicit bids and enter into service agreements to
facilitate for those loads the sale and purchase of electricity
and related services and equipment.

The corporate authorities, township board, or county board
may also exercise such authority jointly with any other
municipality, township, or county. Two or more municipalities,
townships, or counties, or a combination of both, may initiate
a process jointly to authorize aggregation by a majority vote
of each particular municipality, township, or county as
required by this Section.
If the corporate authorities, township board, or the county
board seek to operate the aggregation program as an opt-out
program for residential and small commercial retail customers,
then prior to the adoption of an ordinance with respect to
aggregation of residential and small commercial retail
electric loads, the corporate authorities of a municipality,
the township board, or the county board of a county shall
submit a referendum to its residents to determine whether or
not the aggregation program shall operate as an opt-out program
for residential and small commercial retail customers.
In addition to the notice and conduct requirements of the
general election law, notice of the referendum shall state
briefly the purpose of the referendum. The question of whether
the corporate authorities, the township board, or the county
board shall adopt an opt-out aggregation program for
residential and small commercial retail customers shall be
submitted to the electors of the municipality, township board,
or county board at a regular election and approved by a
majority of the electors voting on the question. The corporate

authorities, township board, or county board must certify to
the proper election authority, which must submit the question
at an election in accordance with the Election Code.
The election authority must submit the question in
substantially the following form:
Shall the (municipality, township, or county in which
the question is being voted upon) have the authority to
arrange for the supply of electricity for its residential
and small commercial retail customers who have not opted
out of such program?
The election authority must record the votes as "Yes" or "No".
If a majority of the electors voting on the question vote
in the affirmative, then the corporate authorities, township
board, or county board may implement an opt-out aggregation
program for residential and small commercial retail customers.
A referendum must pass in each particular municipality,
township, or county that is engaged in the aggregation program.
If the referendum fails, then the corporate authorities,
township board, or county board shall operate the aggregation
program as an opt-in program for residential and small
commercial retail customers.
An ordinance under this Section shall specify whether the
aggregation will occur only with the prior consent of each
person owning, occupying, controlling, or using an electric
load center proposed to be aggregated. Nothing in this Section,
however, authorizes the aggregation of electric loads that are

served or authorized to be served by an electric cooperative as
defined by and pursuant to the Electric Supplier Act or loads
served by a municipality that owns and operates its own
electric distribution system. No aggregation shall take effect
unless approved by a majority of the members of the corporate
authority, township board, or county board voting upon the
ordinance.
A governmental aggregator under this Section is not a
public utility or an alternative retail electric supplier.
For purposes of this Section, "township" means the portion
of a township that is an unincorporated portion of a county
that is not otherwise a part of a municipality. In addition to
such other limitations as are included in this Section, a
township board shall only have authority to aggregate
residential and small commercial customer loads in accordance
with this Section if the county board of the county in which
the township is located (i) is not also submitting a referendum
to its residents at the same general election that the township
board proposes to submit a referendum under this subsection
(a), (ii) has not received authorization through passage of a
referendum to operate an opt-out aggregation program for
residential and small commercial retail customers under this
subsection (a), and (iii) has not otherwise enacted an
ordinance under this subsection (a) authorizing the operation
of an opt-in aggregation program for residential and small
commercial retail customers as described in this Section.

(b) Upon the applicable requisite authority under this
Section, the corporate authorities, the township board, or the
county board, with assistance from the Illinois Power Agency,
shall develop a plan of operation and governance for the
aggregation program so authorized. Before adopting a plan under
this Section, the corporate authorities, township board, or
county board shall hold at least 2 public hearings on the plan.
Before the first hearing, the corporate authorities, township
board, or county board shall publish notice of the hearings
once a week for 2 consecutive weeks in a newspaper of general
circulation in the jurisdiction. The notice shall summarize the
plan and state the date, time, and location of each hearing.
Any load aggregation plan established pursuant to this Section
shall:
(1) provide for universal access to all applicable
residential customers and equitable treatment of
applicable residential customers;
(2) describe demand management and energy efficiency
services to be provided to each class of customers; and
(3) meet any requirements established by law
concerning aggregated service offered pursuant to this
Section.
(c) The process for soliciting bids for electricity and
other related services and awarding proposed agreements for the
purchase of electricity and other related services shall be
conducted in the following order:

(1) The corporate authorities, township board, or
county board may solicit bids for electricity and other
related services.
(1.5) A township board shall request from the electric
utility those residential and small commercial customers
within their aggregate area either by zip code or zip codes
or other means as determined by the electric utility. The
electric utility shall then provide to the township board
the residential and small commercial customers, including
the names and addresses of residential and small commercial
customers, electronically. The township board shall be
responsible for authenticating the residential and small
commercial customers contained in this listing and
providing edits of the data to affirm, add, or delete the
residential and small commercial customers located within
its jurisdiction. The township board shall provide the
edited list to the electric utility in an electronic format
or other means selected by the electric utility and certify
that the information is accurate.
(2) Notwithstanding Section 16-122 of the Public
Utilities Act and Section 2HH of the Consumer Fraud and
Deceptive Business Practices Act, an electric utility that
provides residential and small commercial retail electric
service in the aggregate area must, upon request of the
corporate authorities, township board, or the county board
in the aggregate area, submit to the requesting party, in

an electronic format, those account numbers, names, and
addresses of residential and small commercial retail
customers in the aggregate area that are reflected in the
electric utility's records at the time of the request;
provided, however, that any township board has first
provided an accurate customer list to the electric utility
as provided for herein.
Any corporate authority, township board, or county board
receiving customer information from an electric utility shall
be subject to the limitations on the disclosure of the
information described in Section 16-122 of the Public Utilities
Act and Section 2HH of the Consumer Fraud and Deceptive
Business Practices Act, and an electric utility shall not be
held liable for any claims arising out of the provision of
information pursuant to this item (2).
(d) If the corporate authorities, township board, or county
board operate under an opt-in program for residential and small
commercial retail customers, then the corporate authorities,
township board, or county board shall comply with all of the
following:
(1) Within 60 days after receiving the bids, the
corporate authorities, township board, or county board
shall allow residential and small commercial retail
customers to commit to the terms and conditions of a bid
that has been selected by the corporate authorities,
township board, or county board.

(2) If (A) the corporate authorities, township board,
or county board award proposed agreements for the purchase
of electricity and other related services and (B) an
agreement is reached between the corporate authorities,
township board, or county board for those services, then
customers committed to the terms and conditions according
to item (1) of this subsection (d) shall be committed to
the agreement.
(e) If the corporate authorities, township board, or county
board operate as an opt-out program for residential and small
commercial retail customers, then it shall be the duty of the
aggregated entity to fully inform residential and small
commercial retail customers in advance that they have the right
to opt out of the aggregation program. The disclosure shall
prominently state all charges to be made and shall include full
disclosure of the cost to obtain service pursuant to Section
16-103 of the Public Utilities Act, how to access it, and the
fact that it is available to them without penalty, if they are
currently receiving service under that Section. The Illinois
Power Agency shall furnish, without charge, to any citizen a
list of all supply options available to them in a format that
allows comparison of prices and products.
(f) Any person or entity retained by a municipality or
county, or jointly by more than one such unit of local
government, to provide input, guidance, or advice in the
selection of an electricity supplier for an aggregation program

shall disclose in writing to the involved units of local
government the nature of any relationship through which the
person or entity may receive, either directly or indirectly,
commissions or other remuneration as a result of the selection
of any particular electricity supplier. The written disclosure
must be made prior to formal approval by the involved units of
local government of any professional services agreement with
the person or entity, or no later than October 1, 2012 with
respect to any such professional services agreement entered
into prior to the effective date of this amendatory Act of the
97th General Assembly. The disclosure shall cover all direct
and indirect relationships through which commissions or
remuneration may result, including the pooling of commissions
or remuneration among multiple persons or entities, and shall
identify all involved electricity suppliers. The disclosure
requirements in this subsection (f) are to be liberally
construed to ensure that the nature of financial interests are
fully revealed, and these disclosure requirements shall apply
regardless of whether the involved person or entity is licensed
under Section 16-115C of the Public Utilities Act. Any person
or entity that fails to make the disclosure required under this
subsection (f) is liable to the involved units of local
government in an amount equal to all compensation paid to such
person or entity by the units of local government for the
input, guidance, or advice in the selection of an electricity
supplier, plus reasonable attorneys fees and court costs

incurred by the units of local government in connection with
obtaining such amount.
(g) The Illinois Power Agency shall provide assistance to
municipalities, townships, counties, or associations working
with municipalities to help complete the plan and bidding
process.
(h) This Section does not prohibit municipalities or
counties from entering into an intergovernmental agreement to
aggregate residential and small commercial retail electric
loads.
(Source: P.A. 96-176, eff. 1-1-10; 97-338, eff. 8-12-11;
97-823, eff. 7-18-12; 97-1067, eff. 8-24-12; revised 9-20-12.)
Section 125. The Illinois Health Facilities Planning Act is
amended by changing Sections 12 and 14.1 as follows:
(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
(Text of Section before amendment by P.A. 97-1045)
(Section scheduled to be repealed on December 31, 2019)
Sec. 12. Powers and duties of State Board. For purposes of
this Act, the State Board shall exercise the following powers
and duties:
(1) Prescribe rules, regulations, standards, criteria,
procedures or reviews which may vary according to the purpose
for which a particular review is being conducted or the type of
project reviewed and which are required to carry out the

provisions and purposes of this Act. Policies and procedures of
the State Board shall take into consideration the priorities
and needs of medically underserved areas and other health care
services identified through the comprehensive health planning
process, giving special consideration to the impact of projects
on access to safety net services.
(2) Adopt procedures for public notice and hearing on all
proposed rules, regulations, standards, criteria, and plans
required to carry out the provisions of this Act.
(3) (Blank).
(4) Develop criteria and standards for health care
facilities planning, conduct statewide inventories of health
care facilities, maintain an updated inventory on the Board's
web site reflecting the most recent bed and service changes and
updated need determinations when new census data become
available or new need formulae are adopted, and develop health
care facility plans which shall be utilized in the review of
applications for permit under this Act. Such health facility
plans shall be coordinated by the Board with pertinent State
Plans. Inventories pursuant to this Section of skilled or
intermediate care facilities licensed under the Nursing Home
Care Act, skilled or intermediate care facilities licensed
under the ID/DD Community Care Act, facilities licensed under
the Specialized Mental Health Rehabilitation Act, or nursing
homes licensed under the Hospital Licensing Act shall be
conducted on an annual basis no later than July 1 of each year

and shall include among the information requested a list of all
services provided by a facility to its residents and to the
community at large and differentiate between active and
inactive beds.
In developing health care facility plans, the State Board
shall consider, but shall not be limited to, the following:
(a) The size, composition and growth of the population
of the area to be served;
(b) The number of existing and planned facilities
offering similar programs;
(c) The extent of utilization of existing facilities;
(d) The availability of facilities which may serve as
alternatives or substitutes;
(e) The availability of personnel necessary to the
operation of the facility;
(f) Multi-institutional planning and the establishment
of multi-institutional systems where feasible;
(g) The financial and economic feasibility of proposed
construction or modification; and
(h) In the case of health care facilities established
by a religious body or denomination, the needs of the
members of such religious body or denomination may be
considered to be public need.
The health care facility plans which are developed and
adopted in accordance with this Section shall form the basis
for the plan of the State to deal most effectively with

statewide health needs in regard to health care facilities.
(5) Coordinate with the Center for Comprehensive Health
Planning and other state agencies having responsibilities
affecting health care facilities, including those of licensure
and cost reporting. Beginning no later than January 1, 2013,
the Department of Public Health shall produce a written annual
report to the Governor and the General Assembly regarding the
development of the Center for Comprehensive Health Planning.
The Chairman of the State Board and the State Board
Administrator shall also receive a copy of the annual report.
(6) Solicit, accept, hold and administer on behalf of the
State any grants or bequests of money, securities or property
for use by the State Board or Center for Comprehensive Health
Planning in the administration of this Act; and enter into
contracts consistent with the appropriations for purposes
enumerated in this Act.
(7) The State Board shall prescribe procedures for review,
standards, and criteria which shall be utilized to make
periodic reviews and determinations of the appropriateness of
any existing health services being rendered by health care
facilities subject to the Act. The State Board shall consider
recommendations of the Board in making its determinations.
(8) Prescribe, in consultation with the Center for
Comprehensive Health Planning, rules, regulations, standards,
and criteria for the conduct of an expeditious review of
applications for permits for projects of construction or

modification of a health care facility, which projects are
classified as emergency, substantive, or non-substantive in
nature.
Six months after June 30, 2009 (the effective date of
Public Act 96-31), substantive projects shall include no more
than the following:
(a) Projects to construct (1) a new or replacement
facility located on a new site or (2) a replacement
facility located on the same site as the original facility
and the cost of the replacement facility exceeds the
capital expenditure minimum, which shall be reviewed by the
Board within 120 days;
(b) Projects proposing a (1) new service within an
existing healthcare facility or (2) discontinuation of a
service within an existing healthcare facility, which
shall be reviewed by the Board within 60 days; or
(c) Projects proposing a change in the bed capacity of
a health care facility by an increase in the total number
of beds or by a redistribution of beds among various
categories of service or by a relocation of beds from one
physical facility or site to another by more than 20 beds
or more than 10% of total bed capacity, as defined by the
State Board, whichever is less, over a 2-year period.
The Chairman may approve applications for exemption that
meet the criteria set forth in rules or refer them to the full
Board. The Chairman may approve any unopposed application that

meets all of the review criteria or refer them to the full
Board.
Such rules shall not abridge the right of the Center for
Comprehensive Health Planning to make recommendations on the
classification and approval of projects, nor shall such rules
prevent the conduct of a public hearing upon the timely request
of an interested party. Such reviews shall not exceed 60 days
from the date the application is declared to be complete.
(9) Prescribe rules, regulations, standards, and criteria
pertaining to the granting of permits for construction and
modifications which are emergent in nature and must be
undertaken immediately to prevent or correct structural
deficiencies or hazardous conditions that may harm or injure
persons using the facility, as defined in the rules and
regulations of the State Board. This procedure is exempt from
public hearing requirements of this Act.
(10) Prescribe rules, regulations, standards and criteria
for the conduct of an expeditious review, not exceeding 60
days, of applications for permits for projects to construct or
modify health care facilities which are needed for the care and
treatment of persons who have acquired immunodeficiency
syndrome (AIDS) or related conditions.
(11) Issue written decisions upon request of the applicant
or an adversely affected party to the Board within 30 days of
the meeting in which a final decision has been made. A "final
decision" for purposes of this Act is the decision to approve

or deny an application, or take other actions permitted under
this Act, at the time and date of the meeting that such action
is scheduled by the Board. The staff of the State Board shall
prepare a written copy of the final decision and the State
Board shall approve a final copy for inclusion in the formal
record. The written decision shall identify the applicable
criteria and factors listed in this Act and the Board's
regulations that were taken into consideration by the Board
when coming to a final decision. If the State Board denies or
fails to approve an application for permit or certificate, the
State Board shall include in the final decision a detailed
explanation as to why the application was denied and identify
what specific criteria or standards the applicant did not
fulfill.
(12) Require at least one of its members to participate in
any public hearing, after the appointment of a majority of the
members to the Board.
(13) Provide a mechanism for the public to comment on, and
request changes to, draft rules and standards.
(14) Implement public information campaigns to regularly
inform the general public about the opportunity for public
hearings and public hearing procedures.
(15) Establish a separate set of rules and guidelines for
long-term care that recognizes that nursing homes are a
different business line and service model from other regulated
facilities. An open and transparent process shall be developed

that considers the following: how skilled nursing fits in the
continuum of care with other care providers, modernization of
nursing homes, establishment of more private rooms,
development of alternative services, and current trends in
long-term care services. The Chairman of the Board shall
appoint a permanent Health Services Review Board Long-term Care
Facility Advisory Subcommittee that shall develop and
recommend to the Board the rules to be established by the Board
under this paragraph (15). The Subcommittee shall also provide
continuous review and commentary on policies and procedures
relative to long-term care and the review of related projects.
In consultation with other experts from the health field of
long-term care, the Board and the Subcommittee shall study new
approaches to the current bed need formula and Health Service
Area boundaries to encourage flexibility and innovation in
design models reflective of the changing long-term care
marketplace and consumer preferences. The Board shall file the
proposed related administrative rules for the separate rules
and guidelines for long-term care required by this paragraph
(15) by no later than September 30, 2011. The Subcommittee
shall be provided a reasonable and timely opportunity to review
and comment on any review, revision, or updating of the
criteria, standards, procedures, and rules used to evaluate
project applications as provided under Section 12.3 of this
Act.
(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;

96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-813, 7-13-12; 97-1115, eff. 8-27-12.)
(Text of Section after amendment by P.A. 97-1045)
(Section scheduled to be repealed on December 31, 2019)
Sec. 12. Powers and duties of State Board. For purposes of
this Act, the State Board shall exercise the following powers
and duties:
(1) Prescribe rules, regulations, standards, criteria,
procedures or reviews which may vary according to the purpose
for which a particular review is being conducted or the type of
project reviewed and which are required to carry out the
provisions and purposes of this Act. Policies and procedures of
the State Board shall take into consideration the priorities
and needs of medically underserved areas and other health care
services identified through the comprehensive health planning
process, giving special consideration to the impact of projects
on access to safety net services.
(2) Adopt procedures for public notice and hearing on all
proposed rules, regulations, standards, criteria, and plans
required to carry out the provisions of this Act.
(3) (Blank).
(4) Develop criteria and standards for health care
facilities planning, conduct statewide inventories of health
care facilities, maintain an updated inventory on the Board's
web site reflecting the most recent bed and service changes and

updated need determinations when new census data become
available or new need formulae are adopted, and develop health
care facility plans which shall be utilized in the review of
applications for permit under this Act. Such health facility
plans shall be coordinated by the Board with pertinent State
Plans. Inventories pursuant to this Section of skilled or
intermediate care facilities licensed under the Nursing Home
Care Act, skilled or intermediate care facilities licensed
under the ID/DD Community Care Act, facilities licensed under
the Specialized Mental Health Rehabilitation Act, or nursing
homes licensed under the Hospital Licensing Act shall be
conducted on an annual basis no later than July 1 of each year
and shall include among the information requested a list of all
services provided by a facility to its residents and to the
community at large and differentiate between active and
inactive beds.
In developing health care facility plans, the State Board
shall consider, but shall not be limited to, the following:
(a) The size, composition and growth of the population
of the area to be served;
(b) The number of existing and planned facilities
offering similar programs;
(c) The extent of utilization of existing facilities;
(d) The availability of facilities which may serve as
alternatives or substitutes;
(e) The availability of personnel necessary to the

operation of the facility;
(f) Multi-institutional planning and the establishment
of multi-institutional systems where feasible;
(g) The financial and economic feasibility of proposed
construction or modification; and
(h) In the case of health care facilities established
by a religious body or denomination, the needs of the
members of such religious body or denomination may be
considered to be public need.
The health care facility plans which are developed and
adopted in accordance with this Section shall form the basis
for the plan of the State to deal most effectively with
statewide health needs in regard to health care facilities.
(5) Coordinate with the Center for Comprehensive Health
Planning and other state agencies having responsibilities
affecting health care facilities, including those of licensure
and cost reporting. Beginning no later than January 1, 2013,
the Department of Public Health shall produce a written annual
report to the Governor and the General Assembly regarding the
development of the Center for Comprehensive Health Planning.
The Chairman of the State Board and the State Board
Administrator shall also receive a copy of the annual report.
(6) Solicit, accept, hold and administer on behalf of the
State any grants or bequests of money, securities or property
for use by the State Board or Center for Comprehensive Health
Planning in the administration of this Act; and enter into

contracts consistent with the appropriations for purposes
enumerated in this Act.
(7) The State Board shall prescribe procedures for review,
standards, and criteria which shall be utilized to make
periodic reviews and determinations of the appropriateness of
any existing health services being rendered by health care
facilities subject to the Act. The State Board shall consider
recommendations of the Board in making its determinations.
(8) Prescribe, in consultation with the Center for
Comprehensive Health Planning, rules, regulations, standards,
and criteria for the conduct of an expeditious review of
applications for permits for projects of construction or
modification of a health care facility, which projects are
classified as emergency, substantive, or non-substantive in
nature.
Six months after June 30, 2009 (the effective date of
Public Act 96-31), substantive projects shall include no more
than the following:
(a) Projects to construct (1) a new or replacement
facility located on a new site or (2) a replacement
facility located on the same site as the original facility
and the cost of the replacement facility exceeds the
capital expenditure minimum, which shall be reviewed by the
Board within 120 days;
(b) Projects proposing a (1) new service within an
existing healthcare facility or (2) discontinuation of a

service within an existing healthcare facility, which
shall be reviewed by the Board within 60 days; or
(c) Projects proposing a change in the bed capacity of
a health care facility by an increase in the total number
of beds or by a redistribution of beds among various
categories of service or by a relocation of beds from one
physical facility or site to another by more than 20 beds
or more than 10% of total bed capacity, as defined by the
State Board, whichever is less, over a 2-year period.
The Chairman may approve applications for exemption that
meet the criteria set forth in rules or refer them to the full
Board. The Chairman may approve any unopposed application that
meets all of the review criteria or refer them to the full
Board.
Such rules shall not abridge the right of the Center for
Comprehensive Health Planning to make recommendations on the
classification and approval of projects, nor shall such rules
prevent the conduct of a public hearing upon the timely request
of an interested party. Such reviews shall not exceed 60 days
from the date the application is declared to be complete.
(9) Prescribe rules, regulations, standards, and criteria
pertaining to the granting of permits for construction and
modifications which are emergent in nature and must be
undertaken immediately to prevent or correct structural
deficiencies or hazardous conditions that may harm or injure
persons using the facility, as defined in the rules and

regulations of the State Board. This procedure is exempt from
public hearing requirements of this Act.
(10) Prescribe rules, regulations, standards and criteria
for the conduct of an expeditious review, not exceeding 60
days, of applications for permits for projects to construct or
modify health care facilities which are needed for the care and
treatment of persons who have acquired immunodeficiency
syndrome (AIDS) or related conditions.
(11) Issue written decisions upon request of the applicant
or an adversely affected party to the Board within 30 days of
the meeting in which a final decision has been made. A "final
decision" for purposes of this Act is the decision to approve
or deny an application, or take other actions permitted under
this Act, at the time and date of the meeting that such action
is scheduled by the Board. The staff of the State Board shall
prepare a written copy of the final decision and the State
Board shall approve a final copy for inclusion in the formal
record. The written decision shall identify the applicable
criteria and factors listed in this Act and the Board's
regulations that were taken into consideration by the Board
when coming to a final decision. If the State Board denies or
fails to approve an application for permit or certificate, the
State Board shall include in the final decision a detailed
explanation as to why the application was denied and identify
what specific criteria or standards the applicant did not
fulfill.

(12) Require at least one of its members to participate in
any public hearing, after the appointment of a majority of the
members to the Board.
(13) Provide a mechanism for the public to comment on, and
request changes to, draft rules and standards.
(14) Implement public information campaigns to regularly
inform the general public about the opportunity for public
hearings and public hearing procedures.
(15) Establish a separate set of rules and guidelines for
long-term care that recognizes that nursing homes are a
different business line and service model from other regulated
facilities. An open and transparent process shall be developed
that considers the following: how skilled nursing fits in the
continuum of care with other care providers, modernization of
nursing homes, establishment of more private rooms,
development of alternative services, and current trends in
long-term care services. The Chairman of the Board shall
appoint a permanent Health Services Review Board Long-term Care
Facility Advisory Subcommittee that shall develop and
recommend to the Board the rules to be established by the Board
under this paragraph (15). The Subcommittee shall also provide
continuous review and commentary on policies and procedures
relative to long-term care and the review of related projects.
In consultation with other experts from the health field of
long-term care, the Board and the Subcommittee shall study new
approaches to the current bed need formula and Health Service

Area boundaries to encourage flexibility and innovation in
design models reflective of the changing long-term care
marketplace and consumer preferences. The Subcommittee shall
evaluate, and make recommendations to the State Board
regarding, the buying, selling, and exchange of beds between
long-term care facilities within a specified geographic area or
drive time. The Board shall file the proposed related
administrative rules for the separate rules and guidelines for
long-term care required by this paragraph (15) by no later than
September 30, 2011. The Subcommittee shall be provided a
reasonable and timely opportunity to review and comment on any
review, revision, or updating of the criteria, standards,
procedures, and rules used to evaluate project applications as
provided under Section 12.3 of this Act.
(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-813, eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff.
8-27-12; revised 10-11-12.)
(20 ILCS 3960/14.1)
Sec. 14.1. Denial of permit; other sanctions.
(a) The State Board may deny an application for a permit or
may revoke or take other action as permitted by this Act with
regard to a permit as the State Board deems appropriate,
including the imposition of fines as set forth in this Section,
for any one or a combination of the following:

(1) The acquisition of major medical equipment without
a permit or in violation of the terms of a permit.
(2) The establishment, construction, or modification
of a health care facility without a permit or in violation
of the terms of a permit.
(3) The violation of any provision of this Act or any
rule adopted under this Act.
(4) The failure, by any person subject to this Act, to
provide information requested by the State Board or Agency
within 30 days after a formal written request for the
information.
(5) The failure to pay any fine imposed under this
Section within 30 days of its imposition.
(a-5) For facilities licensed under the ID/DD Community
Care Act, no permit shall be denied on the basis of prior
operator history, other than for actions specified under item
(2), (4), or (5) of Section 3-117 of the ID/DD Community Care
Act. For facilities licensed under the Specialized Mental
Health Rehabilitation Act, no permit shall be denied on the
basis of prior operator history, other than for actions
specified under item (2), (4), or (5) of Section 3-117 of the
Specialized Mental Health Rehabilitation Act. For facilities
licensed under the Nursing Home Care Act, no permit shall be
denied on the basis of prior operator history, other than for:
(i) actions specified under item (2), (3), (4), (5), or (6) of
Section 3-117 of the Nursing Home Care Act; (ii) actions

specified under item (a)(6) of Section 3-119 of the Nursing
Home Care Act; or (iii) actions within the preceding 5 years
constituting a substantial and repeated failure to comply with
the Nursing Home Care Act or the rules and regulations adopted
by the Department under that Act. The State Board shall not
deny a permit on account of any action described in this
subsection (a-5) without also considering all such actions in
the light of all relevant information available to the State
Board, including whether the permit is sought to substantially
comply with a mandatory or voluntary plan of correction
associated with any action described in this subsection (a-5).
(b) Persons shall be subject to fines as follows:
(1) A permit holder who fails to comply with the
requirements of maintaining a valid permit shall be fined
an amount not to exceed 1% of the approved permit amount
plus an additional 1% of the approved permit amount for
each 30-day period, or fraction thereof, that the violation
continues.
(2) A permit holder who alters the scope of an approved
project or whose project costs exceed the allowable permit
amount without first obtaining approval from the State
Board shall be fined an amount not to exceed the sum of (i)
the lesser of $25,000 or 2% of the approved permit amount
and (ii) in those cases where the approved permit amount is
exceeded by more than $1,000,000, an additional $20,000 for
each $1,000,000, or fraction thereof, in excess of the

approved permit amount.
(2.5) A permit holder who fails to comply with the
post-permit and reporting requirements set forth in
Section 5 shall be fined an amount not to exceed $10,000
plus an additional $10,000 for each 30-day period, or
fraction thereof, that the violation continues. This fine
shall continue to accrue until the date that (i) the
post-permit requirements are met and the post-permit
reports are received by the State Board or (ii) the matter
is referred by the State Board to the State Board's legal
counsel. The accrued fine is not waived by the permit
holder submitting the required information and reports.
Prior to any fine beginning to accrue, the Board shall
notify, in writing, a permit holder of the due date for the
post-permit and reporting requirements no later than 30
days before the due date for the requirements. This
paragraph (2.5) takes effect 6 months after August 27, 2012
(the effective date of Public Act 97-1115) this amendatory
Act of the 97th General Assembly.
(3) A person who acquires major medical equipment or
who establishes a category of service without first
obtaining a permit or exemption, as the case may be, shall
be fined an amount not to exceed $10,000 for each such
acquisition or category of service established plus an
additional $10,000 for each 30-day period, or fraction
thereof, that the violation continues.

(4) A person who constructs, modifies, or establishes a
health care facility without first obtaining a permit shall
be fined an amount not to exceed $25,000 plus an additional
$25,000 for each 30-day period, or fraction thereof, that
the violation continues.
(5) A person who discontinues a health care facility or
a category of service without first obtaining a permit
shall be fined an amount not to exceed $10,000 plus an
additional $10,000 for each 30-day period, or fraction
thereof, that the violation continues. For purposes of this
subparagraph (5), facilities licensed under the Nursing
Home Care Act or the ID/DD Community Care Act, with the
exceptions of facilities operated by a county or Illinois
Veterans Homes, are exempt from this permit requirement.
However, facilities licensed under the Nursing Home Care
Act or the ID/DD Community Care Act must comply with
Section 3-423 of the Nursing Home Care Act or Section 3-423
of the ID/DD Community Care Act and must provide the Board
and the Department of Human Services with 30 days' written
notice of its intent to close. Facilities licensed under
the ID/DD Community Care Act also must provide the Board
and the Department of Human Services with 30 days' written
notice of its intent to reduce the number of beds for a
facility.
(6) A person subject to this Act who fails to provide
information requested by the State Board or Agency within

30 days of a formal written request shall be fined an
amount not to exceed $1,000 plus an additional $1,000 for
each 30-day period, or fraction thereof, that the
information is not received by the State Board or Agency.
(c) Before imposing any fine authorized under this Section,
the State Board shall afford the person or permit holder, as
the case may be, an appearance before the State Board and an
opportunity for a hearing before a hearing officer appointed by
the State Board. The hearing shall be conducted in accordance
with Section 10.
(d) All fines collected under this Act shall be transmitted
to the State Treasurer, who shall deposit them into the
Illinois Health Facilities Planning Fund.
(Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10;
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12;
97-980, eff. 8-17-12; 97-1115, eff. 8-27-12; revised 9-20-12.)
Section 130. The State Finance Act is amended by changing
Sections 5.491, 6z-81, 8.12, and 25 and by setting forth and
renumbering multiple versions of Sections 5.811, 5.812, 5.813,
and 6z-93 as follows:
(30 ILCS 105/5.491)
Sec. 5.491. The Illinois Racing Quarter Horse Quarterhorse
Breeders Fund.
(Source: P.A. 91-40, eff. 6-25-99; 92-16, eff. 6-28-01; revised

10-17-12.)
(30 ILCS 105/5.811)
Sec. 5.811. The Home Services Medicaid Trust Fund.
(Source: P.A. 97-732, eff. 6-30-12.)
(30 ILCS 105/5.812)
Sec. 5.812. The Estate Tax Refund Fund.
(Source: P.A. 97-732, eff. 6-30-12.)
(30 ILCS 105/5.813)
Sec. 5.813. The FY13 Backlog Payment Fund.
(Source: P.A. 97-732, eff. 6-30-12.)
(30 ILCS 105/5.814)
Sec. 5.814 5.811. The Municipal Wireless Service Emergency
Fund.
(Source: P.A. 97-748, eff. 7-6-12; revised 9-25-12.)
(30 ILCS 105/5.815)
Sec. 5.815 5.811. The Illinois State Police Federal
Projects Fund.
(Source: P.A. 97-826, eff. 7-18-12; revised 9-25-12.)
(30 ILCS 105/5.816)
Sec. 5.816 5.811. The Energy Efficiency Portfolio

Standards Fund.
(Source: P.A. 97-841, eff. 7-20-12; revised 9-25-12.)
(30 ILCS 105/5.817)
Sec. 5.817 5.811. The Public-Private Partnerships for
Transportation Fund.
(Source: P.A. 97-858, eff. 7-27-12; revised 9-25-12.)
(30 ILCS 105/5.818)
Sec. 5.818 5.811. The Food and Agricultural Research Fund.
(Source: P.A. 97-879, eff. 8-2-12; revised 9-25-12.)
(30 ILCS 105/5.819)
Sec. 5.819 5.811. The Sexual Assault Services and
Prevention Fund.
(Source: P.A. 97-1035, eff. 1-1-13; revised 9-25-12.)
(30 ILCS 105/5.820)
Sec. 5.820 5.811. The State Police Merit Board Public
Safety Fund.
(Source: P.A. 97-1051, eff. 1-1-13; revised 9-25-12.)
(30 ILCS 105/5.821)
Sec. 5.821 5.811. The Childhood Cancer Research Fund.
(Source: P.A. 97-1117, eff. 8-27-12; revised 9-25-12.)

(30 ILCS 105/5.822)
Sec. 5.822 5.811. The Illinois Independent Tax Tribunal
Fund.
(Source: P.A. 97-1129, eff. 8-28-12; revised 9-25-12.)
(30 ILCS 105/5.823)
Sec. 5.823 5.812. The State Police Motor Vehicle Theft
Prevention Trust Fund.
(Source: P.A. 97-826, eff. 7-18-12; revised 9-25-12.)
(30 ILCS 105/5.824)
Sec. 5.824 5.812. The Children's Wellness Charities Fund.
(Source: P.A. 97-1117, eff. 8-27-12; revised 9-25-12.)
(30 ILCS 105/5.825)
Sec. 5.825 5.813. The Housing for Families Fund.
(Source: P.A. 97-1117, eff. 8-27-12; revised 9-25-12.)
(30 ILCS 105/5.827)
Sec. 5.827 5.811. The Illinois State Museum Fund.
(Source: P.A. 97-1136, eff. 1-1-13; revised 1-15-13.)
(30 ILCS 105/5.828)
Sec. 5.828 5.812. The Illinois Fisheries Management Fund.
(Source: P.A. 97-1136, eff. 1-1-13; revised 1-15-13.)

(30 ILCS 105/6z-81)
Sec. 6z-81. Healthcare Provider Relief Fund.
(a) There is created in the State treasury a special fund
to be known as the Healthcare Provider Relief Fund.
(b) The Fund is created for the purpose of receiving and
disbursing moneys in accordance with this Section.
Disbursements from the Fund shall be made only as follows:
(1) Subject to appropriation, for payment by the
Department of Healthcare and Family Services or by the
Department of Human Services of medical bills and related
expenses, including administrative expenses, for which the
State is responsible under Titles XIX and XXI of the Social
Security Act, the Illinois Public Aid Code, the Children's
Health Insurance Program Act, the Covering ALL KIDS Health
Insurance Act, and the Long Term Acute Care Hospital
Quality Improvement Transfer Program Act.
(2) For repayment of funds borrowed from other State
funds or from outside sources, including interest thereon.
(c) The Fund shall consist of the following:
(1) Moneys received by the State from short-term
borrowing pursuant to the Short Term Borrowing Act on or
after the effective date of this amendatory Act of the 96th
General Assembly.
(2) All federal matching funds received by the Illinois
Department of Healthcare and Family Services as a result of
expenditures made by the Department that are attributable

to moneys deposited in the Fund.
(3) All federal matching funds received by the Illinois
Department of Healthcare and Family Services as a result of
federal approval of Title XIX State plan amendment
transmittal number 07-09.
(4) All other moneys received for the Fund from any
other source, including interest earned thereon.
(d) In addition to any other transfers that may be provided
for by law, on the effective date of this amendatory Act of the
97th General Assembly, or as soon thereafter as practical, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $365,000,000 from the General Revenue Fund
into the Healthcare Provider Relief Fund.
(e) In addition to any other transfers that may be provided
for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $160,000,000 from the
General Revenue Fund to the Healthcare Provider Relief Fund.
(f) Notwithstanding any other State law to the contrary,
and in addition to any other transfers that may be provided for
by law, the State Comptroller shall order transferred and the
State Treasurer shall transfer $500,000,000 to the Healthcare
Provider Relief Fund from the General Revenue Fund in equal
monthly installments of $100,000,000, with the first transfer
to be made on July 1, 2012, or as soon thereafter as practical,
and with each of the remaining transfers to be made on August

1, 2012, September 1, 2012, October 1, 2012, and November 1,
2012, or as soon thereafter as practical. This transfer may
assist the Department of Healthcare and Family Services in
improving Medical Assistance bill processing timeframes or in
meeting the possible requirements of Senate Bill 3397, or other
similar legislation, of the 97th General Assembly should it
become law.
(Source: P.A. 96-820, eff. 11-18-09; 96-1100, eff. 1-1-11;
97-44, eff. 6-28-11; 97-641, eff. 12-19-11; 97-689, eff.
6-14-12; 97-732, eff. 6-30-12; revised 7-10-12.)
(30 ILCS 105/6z-93)
Sec. 6z-93. FY 13 Backlog Payment Fund. The FY 13 Backlog
Payment Fund is created as a special fund in the State
treasury. Beginning July 1, 2012 and on or before December 31,
2012, the State Comptroller shall direct and the State
Treasurer shall transfer funds from the FY 13 Backlog Payment
Fund to the General Revenue Fund as needed for the payment of
vouchers and transfers to other State funds obligated in State
fiscal year 2012, other than costs incurred for claims under
the Medical Assistance Program.
(Source: P.A. 97-732, eff. 6-30-12.)
(30 ILCS 105/6z-96)
Sec. 6z-96 6z-93. Energy Efficiency Portfolio Standards
Fund.

(a) The Energy Efficiency Portfolio Standards Fund is
created as a special fund in the State treasury. All moneys
received by the Department of Commerce and Economic Opportunity
under Sections 8-103 and 8-104 of the Public Utilities Act
shall be deposited into the Energy Efficiency Portfolio
Standards Fund. Subject to appropriation, moneys in the Energy
Efficiency Portfolio Standards Fund may be used only for the
purposes authorized by Sections 8-103 and 8-104 of the Public
Utilities Act.
(b) As soon as possible after June 1, 2012, and in no event
later than July 31, 2012, the Director of Commerce and Economic
Opportunity shall certify the balance in the DCEO Energy
Projects Fund, less any federal moneys and less any amounts
obligated, and the State Comptroller shall transfer such amount
from the DCEO Energy Projects Fund to the Energy Efficiency
Portfolio Standards Fund.
(Source: P.A. 97-841, eff. 7-20-12; revised 9-26-12.)
(30 ILCS 105/6z-97)
Sec. 6z-97 6z-93. Childhood Cancer Research Fund;
creation. The Childhood Cancer Research Fund is created as a
special fund in the State treasury. Moneys in the Fund shall be
used by the Department of Public Health to make grants to
public or private not-for-profit entities for the purpose of
conducting childhood cancer research. For the purposes of this
Section, "research" includes, but is not limited to,

expenditures to develop and advance the understanding,
techniques, and modalities effective in early detection,
prevention, cure, screening, and treatment of childhood cancer
and may include clinical trials. The grant funds may not be
used for institutional overhead costs, indirect costs, other
organizational levies, or costs of community-based support
services.
(Source: P.A. 97-1117, eff. 8-27-12; revised 9-26-12.)
(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
Sec. 8.12. State Pensions Fund.
(a) The moneys in the State Pensions Fund shall be used
exclusively for the administration of the Uniform Disposition
of Unclaimed Property Act and for the expenses incurred by the
Auditor General for administering the provisions of Section
2-8.1 of the Illinois State Auditing Act and for the funding of
the unfunded liabilities of the designated retirement systems.
Beginning in State fiscal year 2014, payments to the designated
retirement systems under this Section shall be in addition to,
and not in lieu of, any State contributions required under the
Illinois Pension Code.
"Designated retirement systems" means:
(1) the State Employees' Retirement System of
Illinois;
(2) the Teachers' Retirement System of the State of
Illinois;

(3) the State Universities Retirement System;
(4) the Judges Retirement System of Illinois; and
(5) the General Assembly Retirement System.
(b) Each year the General Assembly may make appropriations
from the State Pensions Fund for the administration of the
Uniform Disposition of Unclaimed Property Act.
Each month, the Commissioner of the Office of Banks and
Real Estate shall certify to the State Treasurer the actual
expenditures that the Office of Banks and Real Estate incurred
conducting unclaimed property examinations under the Uniform
Disposition of Unclaimed Property Act during the immediately
preceding month. Within a reasonable time following the
acceptance of such certification by the State Treasurer, the
State Treasurer shall pay from its appropriation from the State
Pensions Fund to the Bank and Trust Company Fund and the
Savings and Residential Finance Regulatory Fund an amount equal
to the expenditures incurred by each Fund for that month.
Each month, the Director of Financial Institutions shall
certify to the State Treasurer the actual expenditures that the
Department of Financial Institutions incurred conducting
unclaimed property examinations under the Uniform Disposition
of Unclaimed Property Act during the immediately preceding
month. Within a reasonable time following the acceptance of
such certification by the State Treasurer, the State Treasurer
shall pay from its appropriation from the State Pensions Fund
to the Financial Institution Institutions Fund and the Credit

Union Fund an amount equal to the expenditures incurred by each
Fund for that month.
(c) As soon as possible after the effective date of this
amendatory Act of the 93rd General Assembly, the General
Assembly shall appropriate from the State Pensions Fund (1) to
the State Universities Retirement System the amount certified
under Section 15-165 during the prior year, (2) to the Judges
Retirement System of Illinois the amount certified under
Section 18-140 during the prior year, and (3) to the General
Assembly Retirement System the amount certified under Section
2-134 during the prior year as part of the required State
contributions to each of those designated retirement systems;
except that amounts appropriated under this subsection (c) in
State fiscal year 2005 shall not reduce the amount in the State
Pensions Fund below $5,000,000. If the amount in the State
Pensions Fund does not exceed the sum of the amounts certified
in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
the amount paid to each designated retirement system under this
subsection shall be reduced in proportion to the amount
certified by each of those designated retirement systems.
(c-5) For fiscal years 2006 through 2013, the General
Assembly shall appropriate from the State Pensions Fund to the
State Universities Retirement System the amount estimated to be
available during the fiscal year in the State Pensions Fund;
provided, however, that the amounts appropriated under this
subsection (c-5) shall not reduce the amount in the State

Pensions Fund below $5,000,000.
(c-6) For fiscal year 2014 and each fiscal year thereafter,
as soon as may be practical after any money is deposited into
the State Pensions Fund from the Unclaimed Property Trust Fund,
the State Treasurer shall apportion the deposited amount among
the designated retirement systems as defined in subsection (a)
to reduce their actuarial reserve deficiencies. The State
Comptroller and State Treasurer shall pay the apportioned
amounts to the designated retirement systems to fund the
unfunded liabilities of the designated retirement systems. The
amount apportioned to each designated retirement system shall
constitute a portion of the amount estimated to be available
for appropriation from the State Pensions Fund that is the same
as that retirement system's portion of the total actual reserve
deficiency of the systems, as determined annually by the
Governor's Office of Management and Budget at the request of
the State Treasurer. The amounts apportioned under this
subsection shall not reduce the amount in the State Pensions
Fund below $5,000,000.
(d) The Governor's Office of Management and Budget shall
determine the individual and total reserve deficiencies of the
designated retirement systems. For this purpose, the
Governor's Office of Management and Budget shall utilize the
latest available audit and actuarial reports of each of the
retirement systems and the relevant reports and statistics of
the Public Employee Pension Fund Division of the Department of

Insurance.
(d-1) As soon as practicable after the effective date of
this amendatory Act of the 93rd General Assembly, the
Comptroller shall direct and the Treasurer shall transfer from
the State Pensions Fund to the General Revenue Fund, as funds
become available, a sum equal to the amounts that would have
been paid from the State Pensions Fund to the Teachers'
Retirement System of the State of Illinois, the State
Universities Retirement System, the Judges Retirement System
of Illinois, the General Assembly Retirement System, and the
State Employees' Retirement System of Illinois after the
effective date of this amendatory Act during the remainder of
fiscal year 2004 to the designated retirement systems from the
appropriations provided for in this Section if the transfers
provided in Section 6z-61 had not occurred. The transfers
described in this subsection (d-1) are to partially repay the
General Revenue Fund for the costs associated with the bonds
used to fund the moneys transferred to the designated
retirement systems under Section 6z-61.
(e) The changes to this Section made by this amendatory Act
of 1994 shall first apply to distributions from the Fund for
State fiscal year 1996.
(Source: P.A. 96-959, eff. 7-1-10; 97-72, eff. 7-1-11; 97-732,
eff. 6-30-12; revised 10-17-12.)
(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.
(b-1) 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, except as required by subsection (j) of this

Section. Beginning on June 30, 2021, payment of tuition
reimbursement claims under Section 14-7.03 or 18-3 of the
School Code as of June 30, payable from appropriations that
have otherwise expired, may be paid out of the expiring
appropriation during the 4-month period ending at the close of
business on October 31.
(b-2) 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.
(b-2.5) All outstanding liabilities as of June 30, 2011,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2011, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2011, 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, 2011.
(b-2.6) All outstanding liabilities as of June 30, 2012,
payable from appropriations that would otherwise expire at the

conclusion of the lapse period for fiscal year 2012, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2012, 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, 2012.
(b-2.7) (b-2.6) For fiscal years 2012 and 2013, interest
penalties payable under the State Prompt Payment Act associated
with a voucher for which payment is issued after June 30 may be
paid out of the next fiscal year's appropriation. The future
year appropriation must be for the same purpose and from the
same fund as the original payment. An interest penalty voucher
submitted against a future year appropriation must be submitted
within 60 days after the issuance of the associated voucher,
and the Comptroller must issue the interest payment within 60
days after acceptance of the interest voucher.
(b-3) 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, except as required by
subsection (j) of this Section. Beginning on June 30, 2021,
medical payments payable from appropriations that have
otherwise expired may be paid out of the expiring appropriation
during the 4-month period ending at the close of business on

October 31.
(b-4) 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
Healthcare and Family Services (or successor agency) from the
Health Insurance Reserve Fund without regard to any fiscal year
limitations, except as required by subsection (j) of this
Section. Beginning on June 30, 2021, medical and child care
payments made by the Department of Human Services, and payments
made at the discretion of the Department of Healthcare and
Family Services (or successor agency) from the Health Insurance
Reserve Fund and payable from appropriations that have
otherwise expired may be paid out of the expiring appropriation
during the 4-month period ending at the close of business on
October 31.
(b-5) 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, except as required by subsection (j) of this Section.
Beginning on June 30, 2021, medical payments made by the
Department of Human Services relating to substance abuse
treatment services payable from appropriations that have
otherwise expired may be paid out of the expiring appropriation
during the 4-month period ending at the close of business on
October 31.
(b-6) 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, except as required by subsection
(j) of this Section. Beginning on June 30, 2021, payments made
by 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 payable from
appropriations that have otherwise expired may be paid out of
the expiring appropriation during the 4-month period ending at
the close of business on October 31.
(b-7) 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
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, except
as required by subsection (j) of this Section. Beginning on
June 30, 2021, payments made by the Department of Public Health
and the Department of Human Services from their respective
appropriations for grants for medical care to or on behalf of
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 payable from appropriations that
have otherwise expired may be paid out of the expiring
appropriations during the 4-month period ending at the close of
business on October 31.
(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.

(i-1) Beginning on July 1, 2021, all outstanding
liabilities, not payable during the 4-month lapse period as
described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
(c) of this Section, that are made from appropriations for that
purpose for any fiscal year, without regard to the fact that
the services being compensated for by those payments may have
been rendered in a prior fiscal year, are limited to only those
claims that have been incurred but for which a proper bill or
invoice as defined by the State Prompt Payment Act has not been
received by September 30th following the end of the fiscal year
in which the service was rendered.
(j) Notwithstanding any other provision of this Act, the
aggregate amount of payments to be made without regard for
fiscal year limitations as contained in subsections (b-1),
(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
determined by using Generally Accepted Accounting Principles,
shall not exceed the following amounts:
(1) $6,000,000,000 for outstanding liabilities related
to fiscal year 2012;
(2) $5,300,000,000 for outstanding liabilities related
to fiscal year 2013;
(3) $4,600,000,000 for outstanding liabilities related
to fiscal year 2014;
(4) $4,000,000,000 for outstanding liabilities related
to fiscal year 2015;
(5) $3,300,000,000 for outstanding liabilities related

to fiscal year 2016;
(6) $2,600,000,000 for outstanding liabilities related
to fiscal year 2017;
(7) $2,000,000,000 for outstanding liabilities related
to fiscal year 2018;
(8) $1,300,000,000 for outstanding liabilities related
to fiscal year 2019;
(9) $600,000,000 for outstanding liabilities related
to fiscal year 2020; and
(10) $0 for outstanding liabilities related to fiscal
year 2021 and fiscal years thereafter.
(k) Department of Healthcare and Family Services Medical
Assistance Payments.
(1) Definition of Medical Assistance.
For purposes of this subsection, the term "Medical
Assistance" shall include, but not necessarily be
limited to, medical programs and services authorized
under Titles XIX and XXI of the Social Security Act,
the Illinois Public Aid Code, the Children's Health
Insurance Program Act, the Covering ALL KIDS Health
Insurance Act, the Long Term Acute Care Hospital
Quality Improvement Transfer Program Act, and medical
care to or on behalf of persons suffering from chronic
renal disease, persons suffering from hemophilia, and
victims of sexual assault.
(2) Limitations on Medical Assistance payments that

may be paid from future fiscal year appropriations.
(A) The maximum amounts of annual unpaid Medical
Assistance bills received and recorded by the
Department of Healthcare and Family Services on or
before June 30th of a particular fiscal year
attributable in aggregate to the General Revenue Fund,
Healthcare Provider Relief Fund, Tobacco Settlement
Recovery Fund, Long-Term Care Provider Fund, and the
Drug Rebate Fund that may be paid in total by the
Department from future fiscal year Medical Assistance
appropriations to those funds are: $700,000,000 for
fiscal year 2013 and $100,000,000 for fiscal year 2014
and each fiscal year thereafter.
(B) Bills for Medical Assistance services rendered
in a particular fiscal year, but received and recorded
by the Department of Healthcare and Family Services
after June 30th of that fiscal year, may be paid from
either appropriations for that fiscal year or future
fiscal year appropriations for Medical Assistance.
Such payments shall not be subject to the requirements
of subparagraph (A).
(C) Medical Assistance bills received by the
Department of Healthcare and Family Services in a
particular fiscal year, but subject to payment amount
adjustments in a future fiscal year may be paid from a
future fiscal year's appropriation for Medical

Assistance. Such payments shall not be subject to the
requirements of subparagraph (A).
(D) Medical Assistance payments made by the
Department of Healthcare and Family Services from
funds other than those specifically referenced in
subparagraph (A) may be made from appropriations for
those purposes for any fiscal year without regard to
the fact that the Medical Assistance services being
compensated for by such payment may have been rendered
in a prior fiscal year. Such payments shall not be
subject to the requirements of subparagraph (A).
(3) Extended lapse period for Department of Healthcare
and Family Services Medical Assistance payments.
Notwithstanding any other State law to the contrary,
outstanding Department of Healthcare and Family Services
Medical Assistance liabilities, as of June 30th, payable
from appropriations which have otherwise expired, may be
paid out of the expiring appropriations during the 6-month
period ending at the close of business on December 31st.
(l) The changes to this Section made by Public Act 97-691
this amendatory Act of the 97th General Assembly shall be
effective for payment of Medical Assistance bills incurred in
fiscal year 2013 and future fiscal years. The changes to this
Section made by Public Act 97-691 this amendatory Act of the
97th General Assembly shall not be applied to Medical
Assistance bills incurred in fiscal year 2012 or prior fiscal

years.
(m) (k) The Comptroller must issue payments against
outstanding liabilities that were received prior to the lapse
period deadlines set forth in this Section as soon thereafter
as practical, but no payment may be issued after the 4 months
following the lapse period deadline without the signed
authorization of the Comptroller and the Governor.
(Source: P.A. 96-928, eff. 6-15-10; 96-958, eff. 7-1-10;
96-1501, eff. 1-25-11; 97-75, eff. 6-30-11; 97-333, eff.
8-12-11; 97-691, eff. 7-1-12; 97-732, eff. 6-30-12; 97-932,
eff. 8-10-12; revised 8-23-12.)
(30 ILCS 105/5.604 rep.)
Section 131. The State Finance Act is amended by repealing
Section 5.604.
Section 135. 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 $47,092,925,743
$45,476,125,743.

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, the
$3,466,000,000 authorized by Public Act 96-43, and the
$4,096,348,300 authorized by Public Act 96-1497 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. 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;
96-1497, eff. 1-14-11; 96-1554, eff. 3-18-11; 97-333, eff.

8-12-11; 97-771, eff. 7-10-12; 97-813, eff. 7-13-12; revised
7-23-12.)
Section 140. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
contractors were first solicited on or after July 1, 1998. This
Code shall not be construed to affect or impair any contract,
or any provision of a contract, entered into based on a
solicitation prior to the implementation date of this Code as
described in Article 99, including but not limited to any
covenant entered into with respect to any revenue bonds or
similar instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies except as specifically provided in
this Code.

(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care.
(4) Hiring of an individual as employee and not as an
independent contractor, whether pursuant to an employment
code or policy or by contract directly with that
individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of this
type of contract with a value of more than $25,000 must be
published in the Procurement Bulletin within 7 days after
the deed is recorded in the county of jurisdiction. The
notice shall identify the real estate purchased, the names
of all parties to the contract, the value of the contract,
and the effective date of the contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor shall
give his or her prior approval when the procuring agency is
one subject to the jurisdiction of the Governor, and
provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or her
prior approval when the procuring entity is not one subject
to the jurisdiction of the Governor.
(8) Contracts for services to Northern Illinois
University by a person, acting as an independent

contractor, who is qualified by education, experience, and
technical ability and is selected by negotiation for the
purpose of providing non-credit educational service
activities or products by means of specialized programs
offered by the university.
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) Procurement expenditures by the Illinois Health
Information Exchange Authority involving private funds
from the Health Information Exchange Fund. "Private funds"
means gifts, donations, and private grants.
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.

(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related to
the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220 of
the Public Utilities Act, including calculating the range of
capital costs, the range of operating and maintenance costs, or
the sequestration costs or monitoring the construction of clean
coal SNG brownfield facility for the full duration of
construction.
(f) This Code does not apply to the process used by the
Illinois Power Agency to retain a mediator to mediate sourcing
agreement disputes between gas utilities and the clean coal SNG
brownfield facility, as defined in Section 1-10 of the Illinois
Power Agency Act, as required under subsection (h-1) of Section
9-220 of the Public Utilities Act.
(g) This Code does not apply to the processes used by the
Illinois Power Agency to retain a mediator to mediate contract
disputes between gas utilities and the clean coal SNG facility
and to retain an expert to assist in the review of contracts
under subsection (h) of Section 9-220 of the Public Utilities
Act. This Code does not apply to the process used by the
Illinois Commerce Commission to retain an expert to assist in
determining the actual incurred costs of the clean coal SNG
facility and the reasonableness of those costs as required

under subsection (h) of Section 9-220 of the Public Utilities
Act.
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) (h) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10;
97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11;
97-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-895, eff.
8-3-12; revised 8-23-12.)
Section 145. The Procurement of Domestic Products Act is
amended by changing Section 5 as follows:
(30 ILCS 517/5)
Sec. 5. Definitions. As used in this Act:
"Manufactured in the United States" means, in the case of
assembled articles, materials, or supplies, that design, final
assembly, processing, packaging, testing, or other process
that adds value, quality, or reliability occurs in the United
States.
"Procured products" means assembled articles, materials,

or supplies purchased by a State agency.
"Purchasing agency" means a State agency.
"State agency" means each agency, department, authority,
board, or commission of the executive branch of State
government, including each university, whether created by
statute or by executive order of the Governor.
"United States" means the United States and any place
subject to the jurisdiction of the United States.
(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06; revised
8-3-12.)
Section 150. The Downstate Public Transportation Act is
amended by changing Section 1-2 as follows:
(30 ILCS 740/1-2) (from Ch. 111 2/3, par. 661.01)
Sec. 1-2. (1) The General Assembly finds:
(a) that the predominant part of the State's population
is located in its rapidly expanding metropolitan and urban
areas;
(b) that the welfare and vitality of urban areas and
the satisfactory movement of people and goods within such
areas are being jeopardized by the deterioration or
inadequate provision of urban transportation facilities
and services and the intensification of traffic
congestion; and
(c) that State financial assistance for the

development of efficient and coordinated mass
transportation systems is essential to the solution of
these urban problems.
(2) The purposes of this Act are:
(a) to assist in the development of improved mass
transportation systems; and
(b) to provide assistance to participants in financing
such systems as provided in Section 7 of Article XIII 13 of
the Constitution.
(Source: P.A. 82-783; revised 10-10-12.)
Section 155. The State Mandates Act is amended by changing
Section 8.36 as follows:
(30 ILCS 805/8.36)
Sec. 8.36. Exempt mandate. 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 97-716,
97-854, 97-894, 97-912, 97-933, or 97-976 this amendatory Act
of the 97th General Assembly.
(Source: P.A. 97-716, eff. 6-29-12; 97-854, eff. 7-26-12;
97-894, eff. 8-3-12; 97-912, eff. 8-8-12; 97-933, eff. 8-10-12;
97-976, eff. 1-1-13; revised 9-11-12.)
Section 160. The Illinois Income Tax Act is amended by
changing Sections 507JJ, 909, 1201, 1202, and 1408 as follows:

(35 ILCS 5/507JJ)
Sec. 507JJ. The Autism Research Checkoff Fund checkoff. For
taxable years ending on or after December 31, 2005, the
Department must print on its standard individual income tax
form a provision indicating that if the taxpayer wishes to
contribute to the Autism Research Checkoff Fund, as authorized
by Public Act 94-442, he or she may do so by stating the amount
of the contribution (not less than $1) on the return and that
the contribution will reduce the taxpayer's refund or increase
the amount of payment to accompany the return. Failure to remit
any amount of increased payment shall reduce the contribution
accordingly. This Section does not apply to any amended return.
(Source: P.A. 94-442, eff. 8-4-05; 95-331, eff. 8-21-07;
revised 10-17-12.)
(35 ILCS 5/909) (from Ch. 120, par. 9-909)
Sec. 909. Credits and Refunds.
(a) In general. In the case of any overpayment, the
Department, within the applicable period of limitations for a
claim for refund, may credit the amount of such overpayment,
including any interest allowed thereon, against any liability
in respect of the tax imposed by this Act, regardless of
whether other collection remedies are closed to the Department
on the part of the person who made the overpayment and shall
refund any balance to such person.

(b) Credits against estimated tax. The Department may
prescribe regulations providing for the crediting against the
estimated tax for any taxable year of the amount determined by
the taxpayer or the Department to be an overpayment of the tax
imposed by this Act for a preceding taxable year.
(c) Interest on overpayment. Interest shall be allowed and
paid at the rate and in the manner prescribed in Section 3-2 of
the Uniform Penalty and Interest Act upon any overpayment in
respect of the tax imposed by this Act. For purposes of this
subsection, no amount of tax, for any taxable year, shall be
treated as having been paid before the date on which the tax
return for such year was due under Section 505, without regard
to any extension of the time for filing such return.
(d) Refund claim. Every claim for refund shall be filed
with the Department in writing in such form as the Department
may by regulations prescribe, and shall state the specific
grounds upon which it is founded.
(e) Notice of denial. As soon as practicable after a claim
for refund is filed, the Department shall examine it and either
issue a notice of refund, abatement or credit to the claimant
or issue a notice of denial. If the Department has failed to
approve or deny the claim before the expiration of 6 months
from the date the claim was filed, the claimant may
nevertheless thereafter file with the Department a written
protest in such form as the Department may by regulation
prescribe, provided that, on or after July 1, 2013, protests

concerning matters that are subject to the jurisdiction of the
Illinois Independent Tax Tribunal shall be filed with the
Illinois Independent Tax Tribunal and not with the Department.
If the protest is subject to the jurisdiction of the
Department, the Department shall consider the claim and, if the
taxpayer has so requested, shall grant the taxpayer or the
taxpayer's authorized representative a hearing within 6 months
after the date such request is filed.
On and after July 1, 2013, if the protest would otherwise
be subject to the jurisdiction of the Illinois Independent Tax
Tribunal, the claimant may elect to treat the Department's
non-action as a denial of the claim by filing a petition to
review the Department's administrative decision with the
Illinois Independent Tax Tribunal, as provided by Section 910.
(f) Effect of denial. A denial of a claim for refund
becomes final 60 days after the date of issuance of the notice
of such denial except for such amounts denied as to which the
claimant has filed a protest with the Department or a petition
with the Illinois Independent Tax Tribunal, as provided by
Section 910.
(g) An overpayment of tax shown on the face of an unsigned
return shall be considered forfeited to the State if after
notice and demand for signature by the Department the taxpayer
fails to provide a signature and 3 years have passed from the
date the return was filed. An overpayment of tax refunded to a
taxpayer whose return was filed electronically shall be

considered an erroneous refund under Section 912 of this Act
if, after proper notice and demand by the Department, the
taxpayer fails to provide a required signature document. A
notice and demand for signature in the case of a return
reflecting an overpayment may be made by first class mail. This
subsection (g) shall apply to all returns filed pursuant to
this Act since 1969.
(h) This amendatory Act of 1983 applies to returns and
claims for refunds filed with the Department on and after July
1, 1983.
(Source: P.A. 97-507, eff. 8-23-11; 97-1129, eff. 8-28-12;
revised 10-10-12.)
(35 ILCS 5/1201) (from Ch. 120, par. 12-1201)
Sec. 1201. Administrative Review Law; Illinois Independent
Tax Tribunal Act of 2012. The provisions of the Administrative
Review Law, and the rules adopted pursuant thereto, shall apply
to and govern all proceedings for the judicial review of final
actions of the Department referred to in Sections 908 (d) and
910 (d). Such final actions shall constitute "administrative
decisions" as defined in Section 3-101 of the Code of Civil
Procedure.
Notwithstanding any other provision of law, on and after
July 1, 2013, the provisions of the Illinois Independent Tax
Tribunal Act of 2012, and the rules adopted pursuant thereto,
shall apply to and govern all proceedings for the judicial

review of final administrative decisions of the Department that
are subject to that Act, as defined in Section 1-70 of the
Illinois Independent Tax Tribunal Act of 2012.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)
(35 ILCS 5/1202) (from Ch. 120, par. 12-1202)
Sec. 1202. Venue. Except as otherwise provided in the
Illinois Independent Tax Tribunal Act of 2012, the Circuit
Court of the county wherein the taxpayer has his residence or
commercial domicile, or of Cook County in those cases where the
taxpayer does not have his residence or commercial domicile in
this State, shall have power to review all final administrative
decisions of the Department in administering the provisions of
this Act.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)
(35 ILCS 5/1408) (from Ch. 120, par. 14-1408)
Sec. 1408. Except as otherwise provided in the Illinois
Independent Tax Tribunal Act of 2012, the Illinois
Administrative Procedure Act is hereby expressly adopted and
shall apply to all administrative rules and procedures of the
Department of Revenue under this Act, except that (1) paragraph
(b) of Section 5-10 of the Illinois Administrative Procedure
Act does not apply to final orders, decisions and opinions of
the Department, (2) subparagraph (a)2 of Section 5-10 of the
Illinois Administrative Procedure Act does not apply to forms

established by the Department for use under this Act, and (3)
the provisions of Section 10-45 of the Illinois Administrative
Procedure Act regarding proposals for decision are excluded and
not applicable to the Department under this Act.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)
Section 165. The Use Tax Act is amended by changing Section
3-8 as follows:
(35 ILCS 105/3-8)
Sec. 3-8. Hospital exemption.
(a) Tangible personal property sold to or used by a
hospital owner that owns one or more hospitals licensed under
the Hospital Licensing Act or operated under the University of
Illinois Hospital Act, or a hospital affiliate that is not
already exempt under another provision of this Act and meets
the criteria for an exemption under this Section, is exempt
from taxation under this Act.
(b) A hospital owner or hospital affiliate satisfies the
conditions for an exemption under this Section if the value of
qualified services or activities listed in subsection (c) of
this Section for the hospital year equals or exceeds the
relevant hospital entity's estimated property tax liability,
without regard to any property tax exemption granted under
Section 15-86 of the Property Tax Code, for the calendar year
in which exemption or renewal of exemption is sought. For

purposes of making the calculations required by this subsection
(b), if the relevant hospital entity is a hospital owner that
owns more than one hospital, the value of the services or
activities listed in subsection (c) shall be calculated on the
basis of only those services and activities relating to the
hospital that includes the subject property, and the relevant
hospital entity's estimated property tax liability shall be
calculated only with respect to the properties comprising that
hospital. In the case of a multi-state hospital system or
hospital affiliate, the value of the services or activities
listed in subsection (c) shall be calculated on the basis of
only those services and activities that occur in Illinois and
the relevant hospital entity's estimated property tax
liability shall be calculated only with respect to its property
located in Illinois.
(c) The following services and activities shall be
considered for purposes of making the calculations required by
subsection (b):
(1) Charity care. Free or discounted services provided
pursuant to the relevant hospital entity's financial
assistance policy, measured at cost, including discounts
provided under the Hospital Uninsured Patient Discount
Act.
(2) Health services to low-income and underserved
individuals. Other unreimbursed costs of the relevant
hospital entity for providing without charge, paying for,

or subsidizing goods, activities, or services for the
purpose of addressing the health of low-income or
underserved individuals. Those activities or services may
include, but are not limited to: financial or in-kind
support to affiliated or unaffiliated hospitals, hospital
affiliates, community clinics, or programs that treat
low-income or underserved individuals; paying for or
subsidizing health care professionals who care for
low-income or underserved individuals; providing or
subsidizing outreach or educational services to low-income
or underserved individuals for disease management and
prevention; free or subsidized goods, supplies, or
services needed by low-income or underserved individuals
because of their medical condition; and prenatal or
childbirth outreach to low-income or underserved persons.
(3) Subsidy of State or local governments. Direct or
indirect financial or in-kind subsidies of State or local
governments by the relevant hospital entity that pay for or
subsidize activities or programs related to health care for
low-income or underserved individuals.
(4) Support for State health care programs for
low-income individuals. At the election of the hospital
applicant for each applicable year, either (A) 10% of
payments to the relevant hospital entity and any hospital
affiliate designated by the relevant hospital entity
(provided that such hospital affiliate's operations

provide financial or operational support for or receive
financial or operational support from the relevant
hospital entity) under Medicaid or other means-tested
programs, including, but not limited to, General
Assistance, the Covering ALL KIDS Health Insurance Act, and
the State Children's Health Insurance Program or (B) the
amount of subsidy provided by the relevant hospital entity
and any hospital affiliate designated by the relevant
hospital entity (provided that such hospital affiliate's
operations provide financial or operational support for or
receive financial or operational support from the relevant
hospital entity) to State or local government in treating
Medicaid recipients and recipients of means-tested
programs, including but not limited to General Assistance,
the Covering ALL KIDS Health Insurance Act, and the State
Children's Health Insurance Program. The amount of subsidy
for purpose of this item (4) is calculated in the same
manner as unreimbursed costs are calculated for Medicaid
and other means-tested government programs in the Schedule
H of IRS Form 990 in effect on the effective date of this
amendatory Act of the 97th General Assembly.
(5) Dual-eligible subsidy. The amount of subsidy
provided to government by treating dual-eligible
Medicare/Medicaid patients. The amount of subsidy for
purposes of this item (5) is calculated by multiplying the
relevant hospital entity's unreimbursed costs for

Medicare, calculated in the same manner as determined in
the Schedule H of IRS Form 990 in effect on the effective
date of this amendatory Act of the 97th General Assembly,
by the relevant hospital entity's ratio of dual-eligible
patients to total Medicare patients.
(6) Relief of the burden of government related to
health care. Except to the extent otherwise taken into
account in this subsection, the portion of unreimbursed
costs of the relevant hospital entity attributable to
providing, paying for, or subsidizing goods, activities,
or services that relieve the burden of government related
to health care for low-income individuals. Such activities
or services shall include, but are not limited to,
providing emergency, trauma, burn, neonatal, psychiatric,
rehabilitation, or other special services; providing
medical education; and conducting medical research or
training of health care professionals. The portion of those
unreimbursed costs attributable to benefiting low-income
individuals shall be determined using the ratio calculated
by adding the relevant hospital entity's costs
attributable to charity care, Medicaid, other means-tested
government programs, disabled Medicare patients under age
65, and dual-eligible Medicare/Medicaid patients and
dividing that total by the relevant hospital entity's total
costs. Such costs for the numerator and denominator shall
be determined by multiplying gross charges by the cost to

charge ratio taken from the hospital's most recently filed
Medicare cost report (CMS 2252-10 Worksheet, Part I). In
the case of emergency services, the ratio shall be
calculated using costs (gross charges multiplied by the
cost to charge ratio taken from the hospital's most
recently filed Medicare cost report (CMS 2252-10
Worksheet, Part I)) of patients treated in the relevant
hospital entity's emergency department.
(7) Any other activity by the relevant hospital entity
that the Department determines relieves the burden of
government or addresses the health of low-income or
underserved individuals.
(d) The hospital applicant shall include information in its
exemption application establishing that it satisfies the
requirements of subsection (b). For purposes of making the
calculations required by subsection (b), the hospital
applicant may for each year elect to use either (1) the value
of the services or activities listed in subsection (e) for the
hospital year or (2) the average value of those services or
activities for the 3 fiscal years ending with the hospital
year. If the relevant hospital entity has been in operation for
less than 3 completed fiscal years, then the latter
calculation, if elected, shall be performed on a pro rata
basis.
(e) For purposes of making the calculations required by
this Section:

(1) particular services or activities eligible for
consideration under any of the paragraphs (1) through (7)
of subsection (c) may not be counted under more than one of
those paragraphs; and
(2) the amount of unreimbursed costs and the amount of
subsidy shall not be reduced by restricted or unrestricted
payments received by the relevant hospital entity as
contributions deductible under Section 170(a) of the
Internal Revenue Code.
(f) (Blank).
(g) Estimation of Exempt Property Tax Liability. The
estimated property tax liability used for the determination in
subsection (b) shall be calculated as follows:
(1) "Estimated property tax liability" means the
estimated dollar amount of property tax that would be owed,
with respect to the exempt portion of each of the relevant
hospital entity's properties that are already fully or
partially exempt, or for which an exemption in whole or in
part is currently being sought, and then aggregated as
applicable, as if the exempt portion of those properties
were subject to tax, calculated with respect to each such
property by multiplying:
(A) the lesser of (i) the actual assessed value, if
any, of the portion of the property for which an
exemption is sought or (ii) an estimated assessed value
of the exempt portion of such property as determined in

item (2) of this subsection (g), by
(B) the applicable State equalization rate
(yielding the equalized assessed value), by
(C) the applicable tax rate.
(2) The estimated assessed value of the exempt portion
of the property equals the sum of (i) the estimated fair
market value of buildings on the property, as determined in
accordance with subparagraphs (A) and (B) of this item (2),
multiplied by the applicable assessment factor, and (ii)
the estimated assessed value of the land portion of the
property, as determined in accordance with subparagraph
(C).
(A) The "estimated fair market value of buildings
on the property" means the replacement value of any
exempt portion of buildings on the property, minus
depreciation, determined utilizing the cost
replacement method whereby the exempt square footage
of all such buildings is multiplied by the replacement
cost per square foot for Class A Average building found
in the most recent edition of the Marshall & Swift
Valuation Services Manual, adjusted by any appropriate
current cost and local multipliers.
(B) Depreciation, for purposes of calculating the
estimated fair market value of buildings on the
property, is applied by utilizing a weighted mean life
for the buildings based on original construction and

assuming a 40-year life for hospital buildings and the
applicable life for other types of buildings as
specified in the American Hospital Association
publication "Estimated Useful Lives of Depreciable
Hospital Assets". In the case of hospital buildings,
the remaining life is divided by 40 and this ratio is
multiplied by the replacement cost of the buildings to
obtain an estimated fair market value of buildings. If
a hospital building is older than 35 years, a remaining
life of 5 years for residual value is assumed; and if a
building is less than 8 years old, a remaining life of
32 years is assumed.
(C) The estimated assessed value of the land
portion of the property shall be determined by
multiplying (i) the per square foot average of the
assessed values of three parcels of land (not including
farm land, and excluding the assessed value of the
improvements thereon) reasonably comparable to the
property, by (ii) the number of square feet comprising
the exempt portion of the property's land square
footage.
(3) The assessment factor, State equalization rate,
and tax rate (including any special factors such as
Enterprise Zones) used in calculating the estimated
property tax liability shall be for the most recent year
that is publicly available from the applicable chief county

assessment officer or officers at least 90 days before the
end of the hospital year.
(4) The method utilized to calculate estimated
property tax liability for purposes of this Section 15-86
shall not be utilized for the actual valuation, assessment,
or taxation of property pursuant to the Property Tax Code.
(h) For the purpose of this Section, the following terms
shall have the meanings set forth below:
(1) "Hospital" means any institution, place, building,
buildings on a campus, or other health care facility
located in Illinois that is licensed under the Hospital
Licensing Act and has a hospital owner.
(2) "Hospital owner" means a not-for-profit
corporation that is the titleholder of a hospital, or the
owner of the beneficial interest in an Illinois land trust
that is the titleholder of a hospital.
(3) "Hospital affiliate" means any corporation,
partnership, limited partnership, joint venture, limited
liability company, association or other organization,
other than a hospital owner, that directly or indirectly
controls, is controlled by, or is under common control with
one or more hospital owners and that supports, is supported
by, or acts in furtherance of the exempt health care
purposes of at least one of those hospital owners'
hospitals.
(4) "Hospital system" means a hospital and one or more

other hospitals or hospital affiliates related by common
control or ownership.
(5) "Control" relating to hospital owners, hospital
affiliates, or hospital systems means possession, direct
or indirect, of the power to direct or cause the direction
of the management and policies of the entity, whether
through ownership of assets, membership interest, other
voting or governance rights, by contract or otherwise.
(6) "Hospital applicant" means a hospital owner or
hospital affiliate that files an application for an
exemption or renewal of exemption under this Section.
(7) "Relevant hospital entity" means (A) the hospital
owner, in the case of a hospital applicant that is a
hospital owner, and (B) at the election of a hospital
applicant that is a hospital affiliate, either (i) the
hospital affiliate or (ii) the hospital system to which the
hospital applicant belongs, including any hospitals or
hospital affiliates that are related by common control or
ownership.
(8) "Subject property" means property used for the
calculation under subsection (b) of this Section.
(9) "Hospital year" means the fiscal year of the
relevant hospital entity, or the fiscal year of one of the
hospital owners in the hospital system if the relevant
hospital entity is a hospital system with members with
different fiscal years, that ends in the year for which the

exemption is sought.
(Source: P.A. 97-688, eff. 6-14-12; revised 8-3-12.)
Section 170. The Service Use Tax Act is amended by changing
Section 3-8 as follows:
(35 ILCS 110/3-8)
Sec. 3-8. Hospital exemption.
(a) Tangible personal property sold to or used by a
hospital owner that owns one or more hospitals licensed under
the Hospital Licensing Act or operated under the University of
Illinois Hospital Act, or a hospital affiliate that is not
already exempt under another provision of this Act and meets
the criteria for an exemption under this Section, is exempt
from taxation under this Act.
(b) A hospital owner or hospital affiliate satisfies the
conditions for an exemption under this Section if the value of
qualified services or activities listed in subsection (c) of
this Section for the hospital year equals or exceeds the
relevant hospital entity's estimated property tax liability,
without regard to any property tax exemption granted under
Section 15-86 of the Property Tax Code, for the calendar year
in which exemption or renewal of exemption is sought. For
purposes of making the calculations required by this subsection
(b), if the relevant hospital entity is a hospital owner that
owns more than one hospital, the value of the services or

activities listed in subsection (c) shall be calculated on the
basis of only those services and activities relating to the
hospital that includes the subject property, and the relevant
hospital entity's estimated property tax liability shall be
calculated only with respect to the properties comprising that
hospital. In the case of a multi-state hospital system or
hospital affiliate, the value of the services or activities
listed in subsection (c) shall be calculated on the basis of
only those services and activities that occur in Illinois and
the relevant hospital entity's estimated property tax
liability shall be calculated only with respect to its property
located in Illinois.
(c) The following services and activities shall be
considered for purposes of making the calculations required by
subsection (b):
(1) Charity care. Free or discounted services provided
pursuant to the relevant hospital entity's financial
assistance policy, measured at cost, including discounts
provided under the Hospital Uninsured Patient Discount
Act.
(2) Health services to low-income and underserved
individuals. Other unreimbursed costs of the relevant
hospital entity for providing without charge, paying for,
or subsidizing goods, activities, or services for the
purpose of addressing the health of low-income or
underserved individuals. Those activities or services may

include, but are not limited to: financial or in-kind
support to affiliated or unaffiliated hospitals, hospital
affiliates, community clinics, or programs that treat
low-income or underserved individuals; paying for or
subsidizing health care professionals who care for
low-income or underserved individuals; providing or
subsidizing outreach or educational services to low-income
or underserved individuals for disease management and
prevention; free or subsidized goods, supplies, or
services needed by low-income or underserved individuals
because of their medical condition; and prenatal or
childbirth outreach to low-income or underserved persons.
(3) Subsidy of State or local governments. Direct or
indirect financial or in-kind subsidies of State or local
governments by the relevant hospital entity that pay for or
subsidize activities or programs related to health care for
low-income or underserved individuals.
(4) Support for State health care programs for
low-income individuals. At the election of the hospital
applicant for each applicable year, either (A) 10% of
payments to the relevant hospital entity and any hospital
affiliate designated by the relevant hospital entity
(provided that such hospital affiliate's operations
provide financial or operational support for or receive
financial or operational support from the relevant
hospital entity) under Medicaid or other means-tested

programs, including, but not limited to, General
Assistance, the Covering ALL KIDS Health Insurance Act, and
the State Children's Health Insurance Program or (B) the
amount of subsidy provided by the relevant hospital entity
and any hospital affiliate designated by the relevant
hospital entity (provided that such hospital affiliate's
operations provide financial or operational support for or
receive financial or operational support from the relevant
hospital entity) to State or local government in treating
Medicaid recipients and recipients of means-tested
programs, including but not limited to General Assistance,
the Covering ALL KIDS Health Insurance Act, and the State
Children's Health Insurance Program. The amount of subsidy
for purposes of this item (4) is calculated in the same
manner as unreimbursed costs are calculated for Medicaid
and other means-tested government programs in the Schedule
H of IRS Form 990 in effect on the effective date of this
amendatory Act of the 97th General Assembly.
(5) Dual-eligible subsidy. The amount of subsidy
provided to government by treating dual-eligible
Medicare/Medicaid patients. The amount of subsidy for
purposes of this item (5) is calculated by multiplying the
relevant hospital entity's unreimbursed costs for
Medicare, calculated in the same manner as determined in
the Schedule H of IRS Form 990 in effect on the effective
date of this amendatory Act of the 97th General Assembly,

by the relevant hospital entity's ratio of dual-eligible
patients to total Medicare patients.
(6) Relief of the burden of government related to
health care. Except to the extent otherwise taken into
account in this subsection, the portion of unreimbursed
costs of the relevant hospital entity attributable to
providing, paying for, or subsidizing goods, activities,
or services that relieve the burden of government related
to health care for low-income individuals. Such activities
or services shall include, but are not limited to,
providing emergency, trauma, burn, neonatal, psychiatric,
rehabilitation, or other special services; providing
medical education; and conducting medical research or
training of health care professionals. The portion of those
unreimbursed costs attributable to benefiting low-income
individuals shall be determined using the ratio calculated
by adding the relevant hospital entity's costs
attributable to charity care, Medicaid, other means-tested
government programs, disabled Medicare patients under age
65, and dual-eligible Medicare/Medicaid patients and
dividing that total by the relevant hospital entity's total
costs. Such costs for the numerator and denominator shall
be determined by multiplying gross charges by the cost to
charge ratio taken from the hospital's most recently filed
Medicare cost report (CMS 2252-10 Worksheet, Part I). In
the case of emergency services, the ratio shall be

calculated using costs (gross charges multiplied by the
cost to charge ratio taken from the hospital's most
recently filed Medicare cost report (CMS 2252-10
Worksheet, Part I)) of patients treated in the relevant
hospital entity's emergency department.
(7) Any other activity by the relevant hospital entity
that the Department determines relieves the burden of
government or addresses the health of low-income or
underserved individuals.
(d) The hospital applicant shall include information in its
exemption application establishing that it satisfies the
requirements of subsection (b). For purposes of making the
calculations required by subsection (b), the hospital
applicant may for each year elect to use either (1) the value
of the services or activities listed in subsection (e) for the
hospital year or (2) the average value of those services or
activities for the 3 fiscal years ending with the hospital
year. If the relevant hospital entity has been in operation for
less than 3 completed fiscal years, then the latter
calculation, if elected, shall be performed on a pro rata
basis.
(e) For purposes of making the calculations required by
this Section:
(1) particular services or activities eligible for
consideration under any of the paragraphs (1) through (7)
of subsection (c) may not be counted under more than one of

those paragraphs; and
(2) the amount of unreimbursed costs and the amount of
subsidy shall not be reduced by restricted or unrestricted
payments received by the relevant hospital entity as
contributions deductible under Section 170(a) of the
Internal Revenue Code.
(f) (Blank).
(g) Estimation of Exempt Property Tax Liability. The
estimated property tax liability used for the determination in
subsection (b) shall be calculated as follows:
(1) "Estimated property tax liability" means the
estimated dollar amount of property tax that would be owed,
with respect to the exempt portion of each of the relevant
hospital entity's properties that are already fully or
partially exempt, or for which an exemption in whole or in
part is currently being sought, and then aggregated as
applicable, as if the exempt portion of those properties
were subject to tax, calculated with respect to each such
property by multiplying:
(A) the lesser of (i) the actual assessed value, if
any, of the portion of the property for which an
exemption is sought or (ii) an estimated assessed value
of the exempt portion of such property as determined in
item (2) of this subsection (g), by
(B) the applicable State equalization rate
(yielding the equalized assessed value), by

(C) the applicable tax rate.
(2) The estimated assessed value of the exempt portion
of the property equals the sum of (i) the estimated fair
market value of buildings on the property, as determined in
accordance with subparagraphs (A) and (B) of this item (2),
multiplied by the applicable assessment factor, and (ii)
the estimated assessed value of the land portion of the
property, as determined in accordance with subparagraph
(C).
(A) The "estimated fair market value of buildings
on the property" means the replacement value of any
exempt portion of buildings on the property, minus
depreciation, determined utilizing the cost
replacement method whereby the exempt square footage
of all such buildings is multiplied by the replacement
cost per square foot for Class A Average building found
in the most recent edition of the Marshall & Swift
Valuation Services Manual, adjusted by any appropriate
current cost and local multipliers.
(B) Depreciation, for purposes of calculating the
estimated fair market value of buildings on the
property, is applied by utilizing a weighted mean life
for the buildings based on original construction and
assuming a 40-year life for hospital buildings and the
applicable life for other types of buildings as
specified in the American Hospital Association

publication "Estimated Useful Lives of Depreciable
Hospital Assets". In the case of hospital buildings,
the remaining life is divided by 40 and this ratio is
multiplied by the replacement cost of the buildings to
obtain an estimated fair market value of buildings. If
a hospital building is older than 35 years, a remaining
life of 5 years for residual value is assumed; and if a
building is less than 8 years old, a remaining life of
32 years is assumed.
(C) The estimated assessed value of the land
portion of the property shall be determined by
multiplying (i) the per square foot average of the
assessed values of three parcels of land (not including
farm land, and excluding the assessed value of the
improvements thereon) reasonably comparable to the
property, by (ii) the number of square feet comprising
the exempt portion of the property's land square
footage.
(3) The assessment factor, State equalization rate,
and tax rate (including any special factors such as
Enterprise Zones) used in calculating the estimated
property tax liability shall be for the most recent year
that is publicly available from the applicable chief county
assessment officer or officers at least 90 days before the
end of the hospital year.
(4) The method utilized to calculate estimated

property tax liability for purposes of this Section 15-86
shall not be utilized for the actual valuation, assessment,
or taxation of property pursuant to the Property Tax Code.
(h) For the purpose of this Section, the following terms
shall have the meanings set forth below:
(1) "Hospital" means any institution, place, building,
buildings on a campus, or other health care facility
located in Illinois that is licensed under the Hospital
Licensing Act and has a hospital owner.
(2) "Hospital owner" means a not-for-profit
corporation that is the titleholder of a hospital, or the
owner of the beneficial interest in an Illinois land trust
that is the titleholder of a hospital.
(3) "Hospital affiliate" means any corporation,
partnership, limited partnership, joint venture, limited
liability company, association or other organization,
other than a hospital owner, that directly or indirectly
controls, is controlled by, or is under common control with
one or more hospital owners and that supports, is supported
by, or acts in furtherance of the exempt health care
purposes of at least one of those hospital owners'
hospitals.
(4) "Hospital system" means a hospital and one or more
other hospitals or hospital affiliates related by common
control or ownership.
(5) "Control" relating to hospital owners, hospital

affiliates, or hospital systems means possession, direct
or indirect, of the power to direct or cause the direction
of the management and policies of the entity, whether
through ownership of assets, membership interest, other
voting or governance rights, by contract or otherwise.
(6) "Hospital applicant" means a hospital owner or
hospital affiliate that files an application for an
exemption or renewal of exemption under this Section.
(7) "Relevant hospital entity" means (A) the hospital
owner, in the case of a hospital applicant that is a
hospital owner, and (B) at the election of a hospital
applicant that is a hospital affiliate, either (i) the
hospital affiliate or (ii) the hospital system to which the
hospital applicant belongs, including any hospitals or
hospital affiliates that are related by common control or
ownership.
(8) "Subject property" means property used for the
calculation under subsection (b) of this Section.
(9) "Hospital year" means the fiscal year of the
relevant hospital entity, or the fiscal year of one of the
hospital owners in the hospital system if the relevant
hospital entity is a hospital system with members with
different fiscal years, that ends in the year for which the
exemption is sought.
(Source: P.A. 97-688, eff. 6-14-12; revised 8-3-12.)

Section 175. The Service Occupation Tax Act is amended by
changing Section 3-8 as follows:
(35 ILCS 115/3-8)
Sec. 3-8. Hospital exemption.
(a) Tangible personal property sold to or used by a
hospital owner that owns one or more hospitals licensed under
the Hospital Licensing Act or operated under the University of
Illinois Hospital Act, or a hospital affiliate that is not
already exempt under another provision of this Act and meets
the criteria for an exemption under this Section, is exempt
from taxation under this Act.
(b) A hospital owner or hospital affiliate satisfies the
conditions for an exemption under this Section if the value of
qualified services or activities listed in subsection (c) of
this Section for the hospital year equals or exceeds the
relevant hospital entity's estimated property tax liability,
without regard to any property tax exemption granted under
Section 15-86 of the Property Tax Code, for the calendar year
in which exemption or renewal of exemption is sought. For
purposes of making the calculations required by this subsection
(b), if the relevant hospital entity is a hospital owner that
owns more than one hospital, the value of the services or
activities listed in subsection (c) shall be calculated on the
basis of only those services and activities relating to the
hospital that includes the subject property, and the relevant

hospital entity's estimated property tax liability shall be
calculated only with respect to the properties comprising that
hospital. In the case of a multi-state hospital system or
hospital affiliate, the value of the services or activities
listed in subsection (c) shall be calculated on the basis of
only those services and activities that occur in Illinois and
the relevant hospital entity's estimated property tax
liability shall be calculated only with respect to its property
located in Illinois.
(c) The following services and activities shall be
considered for purposes of making the calculations required by
subsection (b):
(1) Charity care. Free or discounted services provided
pursuant to the relevant hospital entity's financial
assistance policy, measured at cost, including discounts
provided under the Hospital Uninsured Patient Discount
Act.
(2) Health services to low-income and underserved
individuals. Other unreimbursed costs of the relevant
hospital entity for providing without charge, paying for,
or subsidizing goods, activities, or services for the
purpose of addressing the health of low-income or
underserved individuals. Those activities or services may
include, but are not limited to: financial or in-kind
support to affiliated or unaffiliated hospitals, hospital
affiliates, community clinics, or programs that treat

low-income or underserved individuals; paying for or
subsidizing health care professionals who care for
low-income or underserved individuals; providing or
subsidizing outreach or educational services to low-income
or underserved individuals for disease management and
prevention; free or subsidized goods, supplies, or
services needed by low-income or underserved individuals
because of their medical condition; and prenatal or
childbirth outreach to low-income or underserved persons.
(3) Subsidy of State or local governments. Direct or
indirect financial or in-kind subsidies of State or local
governments by the relevant hospital entity that pay for or
subsidize activities or programs related to health care for
low-income or underserved individuals.
(4) Support for State health care programs for
low-income individuals. At the election of the hospital
applicant for each applicable year, either (A) 10% of
payments to the relevant hospital entity and any hospital
affiliate designated by the relevant hospital entity
(provided that such hospital affiliate's operations
provide financial or operational support for or receive
financial or operational support from the relevant
hospital entity) under Medicaid or other means-tested
programs, including, but not limited to, General
Assistance, the Covering ALL KIDS Health Insurance Act, and
the State Children's Health Insurance Program or (B) the

amount of subsidy provided by the relevant hospital entity
and any hospital affiliate designated by the relevant
hospital entity (provided that such hospital affiliate's
operations provide financial or operational support for or
receive financial or operational support from the relevant
hospital entity) to State or local government in treating
Medicaid recipients and recipients of means-tested
programs, including but not limited to General Assistance,
the Covering ALL KIDS Health Insurance Act, and the State
Children's Health Insurance Program. The amount of subsidy
for purposes of this item (4) is calculated in the same
manner as unreimbursed costs are calculated for Medicaid
and other means-tested government programs in the Schedule
H of IRS Form 990 in effect on the effective date of this
amendatory Act of the 97th General Assembly.
(5) Dual-eligible subsidy. The amount of subsidy
provided to government by treating dual-eligible
Medicare/Medicaid patients. The amount of subsidy for
purposes of this item (5) is calculated by multiplying the
relevant hospital entity's unreimbursed costs for
Medicare, calculated in the same manner as determined in
the Schedule H of IRS Form 990 in effect on the effective
date of this amendatory Act of the 97th General Assembly,
by the relevant hospital entity's ratio of dual-eligible
patients to total Medicare patients.
(6) Relief of the burden of government related to

health care. Except to the extent otherwise taken into
account in this subsection, the portion of unreimbursed
costs of the relevant hospital entity attributable to
providing, paying for, or subsidizing goods, activities,
or services that relieve the burden of government related
to health care for low-income individuals. Such activities
or services shall include, but are not limited to,
providing emergency, trauma, burn, neonatal, psychiatric,
rehabilitation, or other special services; providing
medical education; and conducting medical research or
training of health care professionals. The portion of those
unreimbursed costs attributable to benefiting low-income
individuals shall be determined using the ratio calculated
by adding the relevant hospital entity's costs
attributable to charity care, Medicaid, other means-tested
government programs, disabled Medicare patients under age
65, and dual-eligible Medicare/Medicaid patients and
dividing that total by the relevant hospital entity's total
costs. Such costs for the numerator and denominator shall
be determined by multiplying gross charges by the cost to
charge ratio taken from the hospital's most recently filed
Medicare cost report (CMS 2252-10 Worksheet, Part I). In
the case of emergency services, the ratio shall be
calculated using costs (gross charges multiplied by the
cost to charge ratio taken from the hospital's most
recently filed Medicare cost report (CMS 2252-10

Worksheet, Part I)) of patients treated in the relevant
hospital entity's emergency department.
(7) Any other activity by the relevant hospital entity
that the Department determines relieves the burden of
government or addresses the health of low-income or
underserved individuals.
(d) The hospital applicant shall include information in its
exemption application establishing that it satisfies the
requirements of subsection (b). For purposes of making the
calculations required by subsection (b), the hospital
applicant may for each year elect to use either (1) the value
of the services or activities listed in subsection (e) for the
hospital year or (2) the average value of those services or
activities for the 3 fiscal years ending with the hospital
year. If the relevant hospital entity has been in operation for
less than 3 completed fiscal years, then the latter
calculation, if elected, shall be performed on a pro rata
basis.
(e) For purposes of making the calculations required by
this Section:
(1) particular services or activities eligible for
consideration under any of the paragraphs (1) through (7)
of subsection (c) may not be counted under more than one of
those paragraphs; and
(2) the amount of unreimbursed costs and the amount of
subsidy shall not be reduced by restricted or unrestricted

payments received by the relevant hospital entity as
contributions deductible under Section 170(a) of the
Internal Revenue Code.
(f) (Blank).
(g) Estimation of Exempt Property Tax Liability. The
estimated property tax liability used for the determination in
subsection (b) shall be calculated as follows:
(1) "Estimated property tax liability" means the
estimated dollar amount of property tax that would be owed,
with respect to the exempt portion of each of the relevant
hospital entity's properties that are already fully or
partially exempt, or for which an exemption in whole or in
part is currently being sought, and then aggregated as
applicable, as if the exempt portion of those properties
were subject to tax, calculated with respect to each such
property by multiplying:
(A) the lesser of (i) the actual assessed value, if
any, of the portion of the property for which an
exemption is sought or (ii) an estimated assessed value
of the exempt portion of such property as determined in
item (2) of this subsection (g), by
(B) the applicable State equalization rate
(yielding the equalized assessed value), by
(C) the applicable tax rate.
(2) The estimated assessed value of the exempt portion
of the property equals the sum of (i) the estimated fair

market value of buildings on the property, as determined in
accordance with subparagraphs (A) and (B) of this item (2),
multiplied by the applicable assessment factor, and (ii)
the estimated assessed value of the land portion of the
property, as determined in accordance with subparagraph
(C).
(A) The "estimated fair market value of buildings
on the property" means the replacement value of any
exempt portion of buildings on the property, minus
depreciation, determined utilizing the cost
replacement method whereby the exempt square footage
of all such buildings is multiplied by the replacement
cost per square foot for Class A Average building found
in the most recent edition of the Marshall & Swift
Valuation Services Manual, adjusted by any appropriate
current cost and local multipliers.
(B) Depreciation, for purposes of calculating the
estimated fair market value of buildings on the
property, is applied by utilizing a weighted mean life
for the buildings based on original construction and
assuming a 40-year life for hospital buildings and the
applicable life for other types of buildings as
specified in the American Hospital Association
publication "Estimated Useful Lives of Depreciable
Hospital Assets". In the case of hospital buildings,
the remaining life is divided by 40 and this ratio is

multiplied by the replacement cost of the buildings to
obtain an estimated fair market value of buildings. If
a hospital building is older than 35 years, a remaining
life of 5 years for residual value is assumed; and if a
building is less than 8 years old, a remaining life of
32 years is assumed.
(C) The estimated assessed value of the land
portion of the property shall be determined by
multiplying (i) the per square foot average of the
assessed values of three parcels of land (not including
farm land, and excluding the assessed value of the
improvements thereon) reasonably comparable to the
property, by (ii) the number of square feet comprising
the exempt portion of the property's land square
footage.
(3) The assessment factor, State equalization rate,
and tax rate (including any special factors such as
Enterprise Zones) used in calculating the estimated
property tax liability shall be for the most recent year
that is publicly available from the applicable chief county
assessment officer or officers at least 90 days before the
end of the hospital year.
(4) The method utilized to calculate estimated
property tax liability for purposes of this Section 15-86
shall not be utilized for the actual valuation, assessment,
or taxation of property pursuant to the Property Tax Code.

(h) For the purpose of this Section, the following terms
shall have the meanings set forth below:
(1) "Hospital" means any institution, place, building,
buildings on a campus, or other health care facility
located in Illinois that is licensed under the Hospital
Licensing Act and has a hospital owner.
(2) "Hospital owner" means a not-for-profit
corporation that is the titleholder of a hospital, or the
owner of the beneficial interest in an Illinois land trust
that is the titleholder of a hospital.
(3) "Hospital affiliate" means any corporation,
partnership, limited partnership, joint venture, limited
liability company, association or other organization,
other than a hospital owner, that directly or indirectly
controls, is controlled by, or is under common control with
one or more hospital owners and that supports, is supported
by, or acts in furtherance of the exempt health care
purposes of at least one of those hospital owners'
hospitals.
(4) "Hospital system" means a hospital and one or more
other hospitals or hospital affiliates related by common
control or ownership.
(5) "Control" relating to hospital owners, hospital
affiliates, or hospital systems means possession, direct
or indirect, of the power to direct or cause the direction
of the management and policies of the entity, whether

through ownership of assets, membership interest, other
voting or governance rights, by contract or otherwise.
(6) "Hospital applicant" means a hospital owner or
hospital affiliate that files an application for an
exemption or renewal of exemption under this Section.
(7) "Relevant hospital entity" means (A) the hospital
owner, in the case of a hospital applicant that is a
hospital owner, and (B) at the election of a hospital
applicant that is a hospital affiliate, either (i) the
hospital affiliate or (ii) the hospital system to which the
hospital applicant belongs, including any hospitals or
hospital affiliates that are related by common control or
ownership.
(8) "Subject property" means property used for the
calculation under subsection (b) of this Section.
(9) "Hospital year" means the fiscal year of the
relevant hospital entity, or the fiscal year of one of the
hospital owners in the hospital system if the relevant
hospital entity is a hospital system with members with
different fiscal years, that ends in the year for which the
exemption is sought.
(Source: P.A. 97-688, eff. 6-14-12; revised 8-3-12.)
Section 180. The Retailers' Occupation Tax Act is amended
by changing Sections 1f, 2-9, 5, and 12 as follows:

(35 ILCS 120/1f) (from Ch. 120, par. 440f)
Sec. 1f. Except for High Impact Businesses, the exemption
stated in Sections 1d and 1e of this Act shall only apply to
business enterprises which:
(1) either (i) make investments which cause the
creation of a minimum of 200 full-time equivalent jobs in
Illinois or (ii) make investments which cause the retention
of a minimum of 2000 full-time jobs in Illinois or (iii)
make investments of a minimum of $40,000,000 and retain at
least 90% of the jobs in place on the date on which the
exemption is granted and for the duration of the exemption;
and
(2) are located in an Enterprise Zone established
pursuant to the Illinois Enterprise Zone Act; and
(3) are certified by the Department of Commerce and
Economic Opportunity as complying with the requirements
specified in clauses (1) and , (2) and (3).
Any business enterprise seeking to avail itself of the
exemptions stated in Sections 1d or 1e, or both, shall make
application to the Department of Commerce and Economic
Opportunity in such form and providing such information as may
be prescribed by the Department of Commerce and Economic
Opportunity. However, no business enterprise shall be
required, as a condition for certification under clause (4) of
this Section, to attest that its decision to invest under
clause (1) of this Section and to locate under clause (2) of

this Section is predicated upon the availability of the
exemptions authorized by Sections 1d or 1e.
The Department of Commerce and Economic Opportunity shall
determine whether the business enterprise meets the criteria
prescribed in this Section. If the Department of Commerce and
Economic Opportunity determines that such business enterprise
meets the criteria, it shall issue a certificate of eligibility
for exemption to the business enterprise in such form as is
prescribed by the Department of Revenue. The Department of
Commerce and Economic Opportunity shall act upon such
certification requests within 60 days after receipt of the
application, and shall file with the Department of Revenue a
copy of each certificate of eligibility for exemption.
The Department of Commerce and Economic Opportunity shall
have the power to promulgate rules and regulations to carry out
the provisions of this Section including the power to define
the amounts and types of eligible investments not specified in
this Section which business enterprises must make in order to
receive the exemptions stated in Sections 1d and 1e of this
Act; and to require that any business enterprise that is
granted a tax exemption repay the exempted tax if the business
enterprise fails to comply with the terms and conditions of the
certification.
Such certificate of eligibility for exemption shall be
presented by the business enterprise to its supplier when
making the initial purchase of tangible personal property for

which an exemption is granted by Section 1d or Section 1e, or
both, together with a certification by the business enterprise
that such tangible personal property is exempt from taxation
under Section 1d or Section 1e and by indicating the exempt
status of each subsequent purchase on the face of the purchase
order.
The Department of Commerce and Economic Opportunity shall
determine the period during which such exemption from the taxes
imposed under this Act is in effect which shall not exceed 20
years.
(Source: P.A. 94-793, eff. 5-19-06; revised 10-10-12.)
(35 ILCS 120/2-9)
Sec. 2-9. Hospital exemption.
(a) Tangible personal property sold to or used by a
hospital owner that owns one or more hospitals licensed under
the Hospital Licensing Act or operated under the University of
Illinois Hospital Act, or a hospital affiliate that is not
already exempt under another provision of this Act and meets
the criteria for an exemption under this Section, is exempt
from taxation under this Act.
(b) A hospital owner or hospital affiliate satisfies the
conditions for an exemption under this Section if the value of
qualified services or activities listed in subsection (c) of
this Section for the hospital year equals or exceeds the
relevant hospital entity's estimated property tax liability,

without regard to any property tax exemption granted under
Section 15-86 of the Property Tax Code, for the calendar year
in which exemption or renewal of exemption is sought. For
purposes of making the calculations required by this subsection
(b), if the relevant hospital entity is a hospital owner that
owns more than one hospital, the value of the services or
activities listed in subsection (c) shall be calculated on the
basis of only those services and activities relating to the
hospital that includes the subject property, and the relevant
hospital entity's estimated property tax liability shall be
calculated only with respect to the properties comprising that
hospital. In the case of a multi-state hospital system or
hospital affiliate, the value of the services or activities
listed in subsection (c) shall be calculated on the basis of
only those services and activities that occur in Illinois and
the relevant hospital entity's estimated property tax
liability shall be calculated only with respect to its property
located in Illinois.
(c) The following services and activities shall be
considered for purposes of making the calculations required by
subsection (b):
(1) Charity care. Free or discounted services provided
pursuant to the relevant hospital entity's financial
assistance policy, measured at cost, including discounts
provided under the Hospital Uninsured Patient Discount
Act.

(2) Health services to low-income and underserved
individuals. Other unreimbursed costs of the relevant
hospital entity for providing without charge, paying for,
or subsidizing goods, activities, or services for the
purpose of addressing the health of low-income or
underserved individuals. Those activities or services may
include, but are not limited to: financial or in-kind
support to affiliated or unaffiliated hospitals, hospital
affiliates, community clinics, or programs that treat
low-income or underserved individuals; paying for or
subsidizing health care professionals who care for
low-income or underserved individuals; providing or
subsidizing outreach or educational services to low-income
or underserved individuals for disease management and
prevention; free or subsidized goods, supplies, or
services needed by low-income or underserved individuals
because of their medical condition; and prenatal or
childbirth outreach to low-income or underserved persons.
(3) Subsidy of State or local governments. Direct or
indirect financial or in-kind subsidies of State or local
governments by the relevant hospital entity that pay for or
subsidize activities or programs related to health care for
low-income or underserved individuals.
(4) Support for State health care programs for
low-income individuals. At the election of the hospital
applicant for each applicable year, either (A) 10% of

payments to the relevant hospital entity and any hospital
affiliate designated by the relevant hospital entity
(provided that such hospital affiliate's operations
provide financial or operational support for or receive
financial or operational support from the relevant
hospital entity) under Medicaid or other means-tested
programs, including, but not limited to, General
Assistance, the Covering ALL KIDS Health Insurance Act, and
the State Children's Health Insurance Program or (B) the
amount of subsidy provided by the relevant hospital entity
and any hospital affiliate designated by the relevant
hospital entity (provided that such hospital affiliate's
operations provide financial or operational support for or
receive financial or operational support from the relevant
hospital entity) to State or local government in treating
Medicaid recipients and recipients of means-tested
programs, including but not limited to General Assistance,
the Covering ALL KIDS Health Insurance Act, and the State
Children's Health Insurance Program. The amount of subsidy
for purposes of this item (4) is calculated in the same
manner as unreimbursed costs are calculated for Medicaid
and other means-tested government programs in the Schedule
H of IRS Form 990 in effect on the effective date of this
amendatory Act of the 97th General Assembly.
(5) Dual-eligible subsidy. The amount of subsidy
provided to government by treating dual-eligible

Medicare/Medicaid patients. The amount of subsidy for
purposes of this item (5) is calculated by multiplying the
relevant hospital entity's unreimbursed costs for
Medicare, calculated in the same manner as determined in
the Schedule H of IRS Form 990 in effect on the effective
date of this amendatory Act of the 97th General Assembly,
by the relevant hospital entity's ratio of dual-eligible
patients to total Medicare patients.
(6) Relief of the burden of government related to
health care. Except to the extent otherwise taken into
account in this subsection, the portion of unreimbursed
costs of the relevant hospital entity attributable to
providing, paying for, or subsidizing goods, activities,
or services that relieve the burden of government related
to health care for low-income individuals. Such activities
or services shall include, but are not limited to,
providing emergency, trauma, burn, neonatal, psychiatric,
rehabilitation, or other special services; providing
medical education; and conducting medical research or
training of health care professionals. The portion of those
unreimbursed costs attributable to benefiting low-income
individuals shall be determined using the ratio calculated
by adding the relevant hospital entity's costs
attributable to charity care, Medicaid, other means-tested
government programs, disabled Medicare patients under age
65, and dual-eligible Medicare/Medicaid patients and

dividing that total by the relevant hospital entity's total
costs. Such costs for the numerator and denominator shall
be determined by multiplying gross charges by the cost to
charge ratio taken from the hospital's most recently filed
Medicare cost report (CMS 2252-10 Worksheet, Part I). In
the case of emergency services, the ratio shall be
calculated using costs (gross charges multiplied by the
cost to charge ratio taken from the hospital's most
recently filed Medicare cost report (CMS 2252-10
Worksheet, Part I)) of patients treated in the relevant
hospital entity's emergency department.
(7) Any other activity by the relevant hospital entity
that the Department determines relieves the burden of
government or addresses the health of low-income or
underserved individuals.
(d) The hospital applicant shall include information in its
exemption application establishing that it satisfies the
requirements of subsection (b). For purposes of making the
calculations required by subsection (b), the hospital
applicant may for each year elect to use either (1) the value
of the services or activities listed in subsection (e) for the
hospital year or (2) the average value of those services or
activities for the 3 fiscal years ending with the hospital
year. If the relevant hospital entity has been in operation for
less than 3 completed fiscal years, then the latter
calculation, if elected, shall be performed on a pro rata

basis.
(e) For purposes of making the calculations required by
this Section:
(1) particular services or activities eligible for
consideration under any of the paragraphs (1) through (7)
of subsection (c) may not be counted under more than one of
those paragraphs; and
(2) the amount of unreimbursed costs and the amount of
subsidy shall not be reduced by restricted or unrestricted
payments received by the relevant hospital entity as
contributions deductible under Section 170(a) of the
Internal Revenue Code.
(f) (Blank).
(g) Estimation of Exempt Property Tax Liability. The
estimated property tax liability used for the determination in
subsection (b) shall be calculated as follows:
(1) "Estimated property tax liability" means the
estimated dollar amount of property tax that would be owed,
with respect to the exempt portion of each of the relevant
hospital entity's properties that are already fully or
partially exempt, or for which an exemption in whole or in
part is currently being sought, and then aggregated as
applicable, as if the exempt portion of those properties
were subject to tax, calculated with respect to each such
property by multiplying:
(A) the lesser of (i) the actual assessed value, if

any, of the portion of the property for which an
exemption is sought or (ii) an estimated assessed value
of the exempt portion of such property as determined in
item (2) of this subsection (g), by
(B) the applicable State equalization rate
(yielding the equalized assessed value), by
(C) the applicable tax rate.
(2) The estimated assessed value of the exempt portion
of the property equals the sum of (i) the estimated fair
market value of buildings on the property, as determined in
accordance with subparagraphs (A) and (B) of this item (2),
multiplied by the applicable assessment factor, and (ii)
the estimated assessed value of the land portion of the
property, as determined in accordance with subparagraph
(C).
(A) The "estimated fair market value of buildings
on the property" means the replacement value of any
exempt portion of buildings on the property, minus
depreciation, determined utilizing the cost
replacement method whereby the exempt square footage
of all such buildings is multiplied by the replacement
cost per square foot for Class A Average building found
in the most recent edition of the Marshall & Swift
Valuation Services Manual, adjusted by any appropriate
current cost and local multipliers.
(B) Depreciation, for purposes of calculating the

estimated fair market value of buildings on the
property, is applied by utilizing a weighted mean life
for the buildings based on original construction and
assuming a 40-year life for hospital buildings and the
applicable life for other types of buildings as
specified in the American Hospital Association
publication "Estimated Useful Lives of Depreciable
Hospital Assets". In the case of hospital buildings,
the remaining life is divided by 40 and this ratio is
multiplied by the replacement cost of the buildings to
obtain an estimated fair market value of buildings. If
a hospital building is older than 35 years, a remaining
life of 5 years for residual value is assumed; and if a
building is less than 8 years old, a remaining life of
32 years is assumed.
(C) The estimated assessed value of the land
portion of the property shall be determined by
multiplying (i) the per square foot average of the
assessed values of three parcels of land (not including
farm land, and excluding the assessed value of the
improvements thereon) reasonably comparable to the
property, by (ii) the number of square feet comprising
the exempt portion of the property's land square
footage.
(3) The assessment factor, State equalization rate,
and tax rate (including any special factors such as

Enterprise Zones) used in calculating the estimated
property tax liability shall be for the most recent year
that is publicly available from the applicable chief county
assessment officer or officers at least 90 days before the
end of the hospital year.
(4) The method utilized to calculate estimated
property tax liability for purposes of this Section 15-86
shall not be utilized for the actual valuation, assessment,
or taxation of property pursuant to the Property Tax Code.
(h) For the purpose of this Section, the following terms
shall have the meanings set forth below:
(1) "Hospital" means any institution, place, building,
buildings on a campus, or other health care facility
located in Illinois that is licensed under the Hospital
Licensing Act and has a hospital owner.
(2) "Hospital owner" means a not-for-profit
corporation that is the titleholder of a hospital, or the
owner of the beneficial interest in an Illinois land trust
that is the titleholder of a hospital.
(3) "Hospital affiliate" means any corporation,
partnership, limited partnership, joint venture, limited
liability company, association or other organization,
other than a hospital owner, that directly or indirectly
controls, is controlled by, or is under common control with
one or more hospital owners and that supports, is supported
by, or acts in furtherance of the exempt health care

purposes of at least one of those hospital owners'
hospitals.
(4) "Hospital system" means a hospital and one or more
other hospitals or hospital affiliates related by common
control or ownership.
(5) "Control" relating to hospital owners, hospital
affiliates, or hospital systems means possession, direct
or indirect, of the power to direct or cause the direction
of the management and policies of the entity, whether
through ownership of assets, membership interest, other
voting or governance rights, by contract or otherwise.
(6) "Hospital applicant" means a hospital owner or
hospital affiliate that files an application for an
exemption or renewal of exemption under this Section.
(7) "Relevant hospital entity" means (A) the hospital
owner, in the case of a hospital applicant that is a
hospital owner, and (B) at the election of a hospital
applicant that is a hospital affiliate, either (i) the
hospital affiliate or (ii) the hospital system to which the
hospital applicant belongs, including any hospitals or
hospital affiliates that are related by common control or
ownership.
(8) "Subject property" means property used for the
calculation under subsection (b) of this Section.
(9) "Hospital year" means the fiscal year of the
relevant hospital entity, or the fiscal year of one of the

hospital owners in the hospital system if the relevant
hospital entity is a hospital system with members with
different fiscal years, that ends in the year for which the
exemption is sought.
(Source: P.A. 97-688, eff. 6-14-12; revised 8-3-12.)
(35 ILCS 120/5) (from Ch. 120, par. 444)
Sec. 5. In case any person engaged in the business of
selling tangible personal property at retail fails to file a
return when and as herein required, but thereafter, prior to
the Department's issuance of a notice of tax liability under
this Section, files a return and pays the tax, he shall also
pay a penalty in an amount determined in accordance with
Section 3-3 of the Uniform Penalty and Interest Act.
In case any person engaged in the business of selling
tangible personal property at retail files the return at the
time required by this Act but fails to pay the tax, or any part
thereof, when due, a penalty in an amount determined in
accordance with Section 3-3 of the Uniform Penalty and Interest
Act shall be added thereto.
In case any person engaged in the business of selling
tangible personal property at retail fails to file a return
when and as herein required, but thereafter, prior to the
Department's issuance of a notice of tax liability under this
Section, files a return but fails to pay the entire tax, a
penalty in an amount determined in accordance with Section 3-3

of the Uniform Penalty and Interest Act shall be added thereto.
In case any person engaged in the business of selling
tangible personal property at retail fails to file a return,
the Department shall determine the amount of tax due from him
according to its best judgment and information, which amount so
fixed by the Department shall be prima facie correct and shall
be prima facie evidence of the correctness of the amount of tax
due, as shown in such determination. In making any such
determination of tax due, it shall be permissible for the
Department to show a figure that represents the tax due for any
given period of 6 months instead of showing the amount of tax
due for each month separately. Proof of such determination by
the Department may be made at any hearing before the Department
or in any legal proceeding by a reproduced copy or computer
print-out of the Department's record relating thereto in the
name of the Department under the certificate of the Director of
Revenue. If reproduced copies of the Department's records are
offered as proof of such determination, the Director must
certify that those copies are true and exact copies of records
on file with the Department. If computer print-outs of the
Department's records are offered as proof of such
determination, the Director must certify that those computer
print-outs are true and exact representations of records
properly entered into standard electronic computing equipment,
in the regular course of the Department's business, at or
reasonably near the time of the occurrence of the facts

recorded, from trustworthy and reliable information. Such
certified reproduced copy or certified computer print-out
shall, without further proof, be admitted into evidence before
the Department or in any legal proceeding and shall be prima
facie proof of the correctness of the amount of tax due, as
shown therein. The Department shall issue the taxpayer a notice
of tax liability for the amount of tax claimed by the
Department to be due, together with a penalty of 30% thereof.
However, where the failure to file any tax return required
under this Act on the date prescribed therefor (including any
extensions thereof), is shown to be unintentional and
nonfraudulent and has not occurred in the 2 years immediately
preceding the failure to file on the prescribed date or is due
to other reasonable cause the penalties imposed by this Act
shall not apply.
The taxpayer or the taxpayer's legal representative may,
within 60 days after such notice, file a protest to such notice
of tax liability with the Department and request a hearing
thereon. The Department shall give notice to such person or the
legal representative of such person of the time and place fixed
for such hearing, and shall hold a hearing in conformity with
the provisions of this Act, and pursuant thereto shall issue a
final assessment to such person or to the legal representative
of such person for the amount found to be due as a result of
such hearing. On and after July 1, 2013, protests concerning
matters that are under the jurisdiction of the Illinois

Independent Tax Tribunal shall be filed with the Illinois
Independent Tax Tribunal in accordance with the Illinois
Independent Tax Tribunal Act of 2012, and hearings concerning
those matters shall be held before the Tribunal in accordance
with that Act. With respect to protests filed with the Illinois
Independent Tax Tribunal, the Tribunal shall give notice to
that person or the legal representative of that person of the
time and place fixed for a hearing, and shall hold a hearing in
conformity with the provisions of this Act and the Illinois
Independent Tax Tribunal Act of 2012; and pursuant thereto the
Department shall issue a final assessment to such person or to
the legal representative of such person for the amount found to
be due as a result of the hearing. With respect to protests
filed with the Department prior to July 1, 2013 that would
otherwise be subject to the jurisdiction of the Illinois
Independent Tax Tribunal, the taxpayer may elect to be subject
to the provisions of the Illinois Independent Tax Tribunal Act
of 2012 at any time on or after July 1, 2013, but not later than
30 days after the date on which the protest was filed. If made,
the election shall be irrevocable.
If a protest to the notice of tax liability and a request
for a hearing thereon is not filed within 60 days after such
notice, such notice of tax liability shall become final without
the necessity of a final assessment being issued and shall be
deemed to be a final assessment.
After the issuance of a final assessment, or a notice of

tax liability which becomes final without the necessity of
actually issuing a final assessment as hereinbefore provided,
the Department, at any time before such assessment is reduced
to judgment, may (subject to rules of the Department) grant a
rehearing (or grant departmental review and hold an original
hearing if no previous hearing in the matter has been held)
upon the application of the person aggrieved. Pursuant to such
hearing or rehearing, the Department shall issue a revised
final assessment to such person or his legal representative for
the amount found to be due as a result of such hearing or
rehearing.
Except in case of failure to file a return, or with the
consent of the person to whom the notice of tax liability is to
be issued, no notice of tax liability shall be issued on and
after each July 1 and January 1 covering gross receipts
received during any month or period of time more than 3 years
prior to such July 1 and January 1, respectively, except that
if a return is not filed at the required time, a notice of tax
liability may be issued not later than 3 years after the time
the return is filed. The foregoing limitations upon the
issuance of a notice of tax liability shall not apply to the
issuance of any such notice with respect to any period of time
prior thereto in cases where the Department has, within the
period of limitation then provided, notified a person of the
amount of tax computed even though the Department had not
determined the amount of tax due from such person in the manner

required herein prior to the issuance of such notice, but in no
case shall the amount of any such notice of tax liability for
any period otherwise barred by this Act exceed for such period
the amount shown in the notice theretofore issued.
If, when a tax or penalty under this Act becomes due and
payable, the person alleged to be liable therefor is out of the
State, the notice of tax liability may be issued within the
times herein limited after his or her coming into or return to
the State; and if, after the tax or penalty under this Act
becomes due and payable, the person alleged to be liable
therefor departs from and remains out of the State, the time of
his or her absence is no part of the time limited for the
issuance of the notice of tax liability; but the foregoing
provisions concerning absence from the State shall not apply to
any case in which, at the time when a tax or penalty becomes
due under this Act, the person allegedly liable therefor is not
a resident of this State.
The time limitation period on the Department's right to
issue a notice of tax liability shall not run during any period
of time in which the order of any court has the effect of
enjoining or restraining the Department from issuing the notice
of tax liability.
In case of failure to pay the tax, or any portion thereof,
or any penalty provided for in this Act, or interest, when due,
the Department may bring suit to recover the amount of such
tax, or portion thereof, or penalty or interest; or, if the

taxpayer has died or become a person under legal disability,
may file a claim therefor against his estate; provided that no
such suit with respect to any tax, or portion thereof, or
penalty, or interest shall be instituted more than 6 years
after the date any proceedings in court for review thereof have
terminated or the time for the taking thereof has expired
without such proceedings being instituted, except with the
consent of the person from whom such tax or penalty or interest
is due; nor, except with such consent, shall such suit be
instituted more than 6 years after the date any return is filed
with the Department in cases where the return constitutes the
basis for the suit for unpaid tax, or portion thereof, or
penalty provided for in this Act, or interest: Provided that
the time limitation period on the Department's right to bring
any such suit shall not run during any period of time in which
the order of any court has the effect of enjoining or
restraining the Department from bringing such suit.
After the expiration of the period within which the person
assessed may file an action for judicial review under the
Administrative Review Law or the Illinois Independent Tax
Tribunal Act of 2012, as applicable, without such an action
being filed, a certified copy of the final assessment or
revised final assessment of the Department may be filed with
the Circuit Court of the county in which the taxpayer has his
principal place of business, or of Sangamon County in those
cases in which the taxpayer does not have his principal place

of business in this State. The certified copy of the final
assessment or revised final assessment shall be accompanied by
a certification which recites facts that are sufficient to show
that the Department complied with the jurisdictional
requirements of the Act in arriving at its final assessment or
its revised final assessment and that the taxpayer had his
opportunity for an administrative hearing and for judicial
review, whether he availed himself or herself of either or both
of these opportunities or not. If the court is satisfied that
the Department complied with the jurisdictional requirements
of the Act in arriving at its final assessment or its revised
final assessment and that the taxpayer had his opportunity for
an administrative hearing and for judicial review, whether he
availed himself of either or both of these opportunities or
not, the court shall render judgment in favor of the Department
and against the taxpayer for the amount shown to be due by the
final assessment or the revised final assessment, plus any
interest which may be due, and such judgment shall be entered
in the judgment docket of the court. Such judgment shall bear
the rate of interest as set by the Uniform Penalty and Interest
Act, but otherwise shall have the same effect as other
judgments. The judgment may be enforced, and all laws
applicable to sales for the enforcement of a judgment shall be
applicable to sales made under such judgments. The Department
shall file the certified copy of its assessment, as herein
provided, with the Circuit Court within 6 years after such

assessment becomes final except when the taxpayer consents in
writing to an extension of such filing period, and except that
the time limitation period on the Department's right to file
the certified copy of its assessment with the Circuit Court
shall not run during any period of time in which the order of
any court has the effect of enjoining or restraining the
Department from filing such certified copy of its assessment
with the Circuit Court.
If, when the cause of action for a proceeding in court
accrues against a person, he or she is out of the State, the
action may be commenced within the times herein limited, after
his or her coming into or return to the State; and if, after
the cause of action accrues, he or she departs from and remains
out of the State, the time of his or her absence is no part of
the time limited for the commencement of the action; but the
foregoing provisions concerning absence from the State shall
not apply to any case in which, at the time the cause of action
accrues, the party against whom the cause of action accrues is
not a resident of this State. The time within which a court
action is to be commenced by the Department hereunder shall not
run from the date the taxpayer files a petition in bankruptcy
under the Federal Bankruptcy Act until 30 days after notice of
termination or expiration of the automatic stay imposed by the
Federal Bankruptcy Act.
No claim shall be filed against the estate of any deceased
person or any person under legal disability for any tax or

penalty or part of either, or interest, except in the manner
prescribed and within the time limited by the Probate Act of
1975, as amended.
The collection of tax or penalty or interest by any means
provided for herein shall not be a bar to any prosecution under
this Act.
In addition to any penalty provided for in this Act, any
amount of tax which is not paid when due shall bear interest at
the rate and in the manner specified in Sections 3-2 and 3-9 of
the Uniform Penalty and Interest Act from the date when such
tax becomes past due until such tax is paid or a judgment
therefor is obtained by the Department. If the time for making
or completing an audit of a taxpayer's books and records is
extended with the taxpayer's consent, at the request of and for
the convenience of the Department, beyond the date on which the
statute of limitations upon the issuance of a notice of tax
liability by the Department otherwise would run, no interest
shall accrue during the period of such extension or until a
Notice of Tax Liability is issued, whichever occurs first.
In addition to any other remedy provided by this Act, and
regardless of whether the Department is making or intends to
make use of such other remedy, where a corporation or limited
liability company registered under this Act violates the
provisions of this Act or of any rule or regulation promulgated
thereunder, the Department may give notice to the Attorney
General of the identity of such a corporation or limited

liability company and of the violations committed by such a
corporation or limited liability company, for such action as is
not already provided for by this Act and as the Attorney
General may deem appropriate.
If the Department determines that an amount of tax or
penalty or interest was incorrectly assessed, whether as the
result of a mistake of fact or an error of law, the Department
shall waive the amount of tax or penalty or interest that
accrued due to the incorrect assessment.
(Source: P.A. 96-1383, eff. 1-1-11; 97-1129, eff. 8-28-12;
revised 10-10-12.)
(35 ILCS 120/12) (from Ch. 120, par. 451)
Sec. 12. The Department is authorized to make, promulgate
and enforce such reasonable rules and regulations relating to
the administration and enforcement of the provisions of this
Act as may be deemed expedient.
Whenever notice is required by this Act, such notice may be
given by United States registered or certified mail, addressed
to the person concerned at his last known address, and proof of
such mailing shall be sufficient for the purposes of this Act.
Notice of any hearing provided for by this Act shall be so
given not less than 7 days prior to the day fixed for the
hearing. Following the initial contact of a person represented
by an attorney, the Department shall not contact the person
concerned but shall only contact the attorney representing the

person concerned.
All hearings provided for in this Act with respect to or
concerning a taxpayer having his or her principal place of
business in this State other than in Cook County shall be held
at the Department's office nearest to the location of the
taxpayer's principal place of business: Provided that if the
taxpayer has his or her principal place of business in Cook
County, such hearing shall be held in Cook County; and
provided, further, that if the taxpayer does not have his or
her principal place of business in this State, such hearing
shall be held in Sangamon County.
The Circuit Court of the County wherein the taxpayer has
his or her principal place of business, or of Sangamon County
in those cases where the taxpayer does not have his or her
principal place of business in this State, shall have power to
review all final administrative decisions of the Department in
administering the provisions of this Act: Provided that if the
administrative proceeding which is to be reviewed judicially is
a claim for refund proceeding commenced in accordance with
Section 6 of this Act and Section 2a of "An Act in relation to
the payment and disposition of moneys received by officers and
employees of the State of Illinois by virtue of their office or
employment", approved June 9, 1911, as amended, the Circuit
Court having jurisdiction of the action for judicial review
under this Section and under the Administrative Review Law, as
amended, shall be the same court that entered the temporary

restraining order or preliminary injunction which is provided
for in Section 2a of "An Act in relation to the payment and
disposition of moneys received by officers and employees of the
State of Illinois by virtue of their office or employment", and
which enables such claim proceeding to be processed and
disposed of as a claim for refund proceeding rather than as a
claim for credit proceeding.
The provisions of the Administrative Review Law, and the
rules adopted pursuant thereto, shall apply to and govern all
proceedings for the judicial review of final administrative
decisions of the Department hereunder, except with respect to
protests and hearings held before the Illinois Independent Tax
Tribunal. The provisions of the Illinois Independent Tax
Tribunal Act of 2012, and the rules adopted pursuant thereto,
shall apply to and govern all proceedings for the judicial
review of administrative decisions of the Department that are
subject to the jurisdiction of the Illinois Independent Tax
Tribunal. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
Except with respect to decisions that are subject to the
jurisdiction of the Illinois Independent Tax Tribunal, any
person filing an action under the Administrative Review Law to
review a final assessment or revised final assessment issued by
the Department under this Act shall, within 20 days after
filing the complaint, file a bond with good and sufficient
surety or sureties residing in this State or licensed to do

business in this State or, instead of the bond, obtain an order
from the court imposing a lien upon the plaintiff's property as
hereinafter provided. If the person filing the complaint fails
to comply with this bonding requirement within 20 days after
filing the complaint, the Department shall file a motion to
dismiss and the court shall dismiss the action unless the
person filing the action complies with the bonding requirement
set out in this provision within 30 days after the filing of
the Department's motion to dismiss. Upon dismissal of any
complaint for failure to comply with the jurisdictional
prerequisites herein set forth, the court is empowered to and
shall enter judgment against the taxpayer and in favor of the
Department in the amount of the final assessment or revised
final assessment, together with any interest which may have
accrued since the Department issued the final assessment or
revised final assessment, and for costs, which judgment is
enforceable as other judgments for the payment of money. The
lien provided for in this Section shall not be applicable to
the real property of a corporate surety duly licensed to do
business in this State. The amount of such bond shall be fixed
and approved by the court, but shall not be less than the
amount of the tax and penalty claimed to be due by the
Department in its final assessment or revised final assessment
to the person filing such bond, plus the amount of interest due
from such person to the Department at the time when the
Department issued its final assessment to such person. Such

bond shall be executed to the Department of Revenue and shall
be conditioned on the taxpayer's payment within 30 days after
termination of the proceedings for judicial review of the
amount of tax and penalty and interest found by the court to be
due in such proceedings for judicial review. Such bond, when
filed and approved, shall, from such time until 2 years after
termination of the proceedings for judicial review in which the
bond is filed, be a lien against the real estate situated in
the county in which the bond is filed, of the person filing
such bond, and of the surety or sureties on such bond, until
the condition of the bond has been complied with or until the
bond has been canceled as hereinafter provided. If the person
filing any such bond fails to keep the condition thereof, such
bond shall thereupon be forfeited, and the Department may
institute an action upon such bond in its own name for the
entire amount of the bond and costs. Such action upon the bond
shall be in addition to any other remedy provided for herein.
If the person filing such bond complies with the condition
thereof, or if, in the proceedings for judicial review in which
such bond is filed, the court determines that no amount of tax
or penalty or interest is due, such bond shall be canceled.
If the court finds in a particular case that the plaintiff
cannot procure and furnish a satisfactory surety or sureties
for the kind of bond required herein, the court may relieve the
plaintiff of the obligation of filing such bond, if, upon the
timely application for a lien in lieu thereof and accompanying

proof therein submitted, the court is satisfied that any such
lien imposed would operate to secure the assessment in the
manner and to the degree as would a bond. Upon a finding that
such lien applied for would secure the assessment at issue, the
court shall enter an order, in lieu of such bond, subjecting
the plaintiff's real and personal property (including
subsequently acquired property), situated in the county in
which such order is entered, to a lien in favor of the
Department. Such lien shall be for the amount of the tax and
penalty claimed to be due by the Department in its final
assessment or revised final assessment, plus the amount of
interest due from such person to the Department at the time
when the Department issued its final assessment to such person,
and shall continue in full force and effect until the
termination of the proceedings for judicial review, or until
the plaintiff pays, to the Department, the tax and penalty and
interest to secure which the lien is given, whichever happens
first. In the exercise of its discretion, the court may impose
a lien regardless of the ratio of the taxpayer's assets to the
final assessment or revised final assessment plus the amount of
the interest and penalty. Nothing in this Section shall be
construed to give the Department a preference over the rights
of any bona fide purchaser, mortgagee, judgment creditor or
other lien holder arising prior to the entry of the order
creating such lien in favor of the Department: Provided,
however, that the word "bona fide", as used in this Section,

shall not include any mortgage of real or personal property or
any other credit transaction that results in the mortgagee or
the holder of the security acting as trustee for unsecured
creditors of the taxpayer mentioned in the order for lien who
executed such chattel or real property mortgage or the document
evidencing such credit transaction. Such lien shall be inferior
to the lien of general taxes, special assessments and special
taxes heretofore or hereafter levied by any political
subdivision of this State. Such lien shall not be effective
against any purchaser with respect to any item in a retailer's
stock in trade purchased from the retailer in the usual course
of such retailer's business, and such lien shall not be
enforced against the household effects, wearing apparel, or the
books, tools or implements of a trade or profession kept for
use by any person. Such lien shall not be effective against
real property whose title is registered under the provisions of
"An Act concerning land titles", approved May 1, 1897, as
amended, until the provisions of Section 85 of that Act are
complied with.
Service upon the Director of Revenue or the Assistant
Director of Revenue of the Department of Revenue of summons
issued in an action to review a final administrative decision
of the Department shall be service upon the Department. The
Department shall certify the record of its proceedings if the
taxpayer pays to it the sum of 75� per page of testimony taken
before the Department and 25� per page of all other matters

contained in such record, except that these charges may be
waived where the Department is satisfied that the aggrieved
party is a poor person who cannot afford to pay such charges.
If payment for such record is not made by the taxpayer within
30 days after notice from the Department or the Attorney
General of the cost thereof, the court in which the proceeding
is pending, on motion of the Department, shall dismiss the
complaint and (where the administrative decision as to which
the action for judicial review was filed is a final assessment
or revised final assessment) shall enter judgment against the
taxpayer and in favor of the Department for the amount of tax
and penalty shown by the Department's final assessment or
revised final assessment to be due, plus interest as provided
for in Section 5 of this Act from the date when the liability
upon which such interest accrued became delinquent until the
entry of the judgment in the action for judicial review under
the Administrative Review Law, and also for costs.
Whenever any proceeding provided by this Act is begun
before the Department, either by the Department or by a person
subject to this Act, and such person thereafter dies or becomes
a person under legal disability before such proceeding is
concluded, the legal representative of the deceased or person
under legal disability shall notify the Department of such
death or legal disability. Such legal representative, as such,
shall then be substituted by the Department for such person. If
the legal representative fails to notify the Department of his

or her appointment as such legal representative, the Department
may, upon its own motion, substitute such legal representative
in the proceeding pending before the Department for the person
who died or became a person under legal disability.
The changes made by this amendatory Act of 1995 apply to
all actions pending on and after the effective date of this
amendatory Act of 1995 to review a final assessment or revised
final assessment issued by the Department.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)
Section 185. The Cigarette Machine Operators' Occupation
Tax Act is amended by changing Section 1-100 as follows:
(35 ILCS 128/1-100)
Sec. 1-100. Arrest and seizure. Any duly authorized
employee of the Department: may: arrest without warrant any
person committing in his presence a violation of any of the
provisions of this Act; may without a search warrant inspect
all cigarettes and cigarette machines located in any place of
business; and may seize any contraband cigarettes and any
cigarette machines in which such contraband cigarettes may be
found or may be made, and such packages or cigarette machines
so seized shall be subject to confiscation and forfeiture as
provided in Section 1-105 of this Act.
(Source: P.A. 97-688, eff. 6-14-12; revised 8-3-12.)

Section 190. The Cigarette Tax Act is amended by changing
Sections 3, 9a, and 9b as follows:
(35 ILCS 130/3) (from Ch. 120, par. 453.3)
Sec. 3. Affixing tax stamp; remitting tax to the
Department. Payment of the taxes imposed by Section 2 of this
Act shall (except as hereinafter provided) be evidenced by
revenue tax stamps affixed to each original package of
cigarettes. Each distributor of cigarettes, before delivering
or causing to be delivered any original package of cigarettes
in this State to a purchaser, shall firmly affix a proper stamp
or stamps to each such package, or (in case of manufacturers of
cigarettes in original packages which are contained inside a
sealed transparent wrapper) shall imprint the required
language on the original package of cigarettes beneath such
outside wrapper, as hereinafter provided.
No stamp or imprint may be affixed to, or made upon, any
package of cigarettes unless that package complies with all
requirements of the federal Cigarette Labeling and Advertising
Act, 15 U.S.C. 1331 and following, for the placement of labels,
warnings, or any other information upon a package of cigarettes
that is sold within the United States. Under the authority of
Section 6, the Department shall revoke the license of any
distributor that is determined to have violated this paragraph.
A person may not affix a stamp on a package of cigarettes,
cigarette papers, wrappers, or tubes if that individual package

has been marked for export outside the United States with a
label or notice in compliance with Section 290.185 of Title 27
of the Code of Federal Regulations. It is not a defense to a
proceeding for violation of this paragraph that the label or
notice has been removed, mutilated, obliterated, or altered in
any manner.
Only distributors licensed under this Act and
transporters, as defined in Section 9c of this Act, may possess
unstamped original packages of cigarettes. Prior to shipment to
a secondary distributor or an Illinois retailer, a stamp shall
be applied to each original package of cigarettes sold to the
secondary distributor or retailer. A distributor may apply tax
stamps only to original packages of cigarettes purchased or
obtained directly from an in-state maker, manufacturer, or
fabricator licensed as a distributor under Section 4 of this
Act or an out-of-state maker, manufacturer, or fabricator
holding a permit under Section 4b of this Act. A licensed
distributor may ship or otherwise cause to be delivered
unstamped original packages of cigarettes in, into, or from
this State. A licensed distributor may transport unstamped
original packages of cigarettes to a facility, wherever
located, owned or controlled by such distributor; however, a
distributor may not transport unstamped original packages of
cigarettes to a facility where retail sales of cigarettes take
place or to a facility where a secondary distributor makes
sales for resale. Any licensed distributor that ships or

otherwise causes to be delivered unstamped original packages of
cigarettes into, within, or from this State shall ensure that
the invoice or equivalent documentation and the bill of lading
or freight bill for the shipment identifies the true name and
address of the consignor or seller, the true name and address
of the consignee or purchaser, and the quantity by brand style
of the cigarettes so transported, provided that this Section
shall not be construed as to impose any requirement or
liability upon any common or contract carrier.
The Department, or any person authorized by the Department,
shall sell such stamps only to persons holding valid licenses
as distributors under this Act. On and after July 1, 2003,
payment for such stamps must be made by means of electronic
funds transfer. The Department may refuse to sell stamps to any
person who does not comply with the provisions of this Act.
Beginning on the effective date of this amendatory Act of the
92nd General Assembly and through June 30, 2002, persons
holding valid licenses as distributors may purchase cigarette
tax stamps up to an amount equal to 115% of the distributor's
average monthly cigarette tax stamp purchases over the 12
calendar months prior to the effective date of this amendatory
Act of the 92nd General Assembly.
Prior to December 1, 1985, the Department shall allow a
distributor 21 days in which to make final payment of the
amount to be paid for such stamps, by allowing the distributor
to make payment for the stamps at the time of purchasing them

with a draft which shall be in such form as the Department
prescribes, and which shall be payable within 21 days
thereafter: Provided that such distributor has filed with the
Department, and has received the Department's approval of, a
bond, which is in addition to the bond required under Section 4
of this Act, payable to the Department in an amount equal to
80% of such distributor's average monthly tax liability to the
Department under this Act during the preceding calendar year or
$500,000, whichever is less. The Bond shall be joint and
several and shall be in the form of a surety company bond in
such form as the Department prescribes, or it may be in the
form of a bank certificate of deposit or bank letter of credit.
The bond shall be conditioned upon the distributor's payment of
amount of any 21-day draft which the Department accepts from
that distributor for the delivery of stamps to that distributor
under this Act. The distributor's failure to pay any such
draft, when due, shall also make such distributor automatically
liable to the Department for a penalty equal to 25% of the
amount of such draft.
On and after December 1, 1985 and until July 1, 2003, the
Department shall allow a distributor 30 days in which to make
final payment of the amount to be paid for such stamps, by
allowing the distributor to make payment for the stamps at the
time of purchasing them with a draft which shall be in such
form as the Department prescribes, and which shall be payable
within 30 days thereafter, and beginning on January 1, 2003 and

thereafter, the draft shall be payable by means of electronic
funds transfer: Provided that such distributor has filed with
the Department, and has received the Department's approval of,
a bond, which is in addition to the bond required under Section
4 of this Act, payable to the Department in an amount equal to
150% of such distributor's average monthly tax liability to the
Department under this Act during the preceding calendar year or
$750,000, whichever is less, except that as to bonds filed on
or after January 1, 1987, such additional bond shall be in an
amount equal to 100% of such distributor's average monthly tax
liability under this Act during the preceding calendar year or
$750,000, whichever is less. The bond shall be joint and
several and shall be in the form of a surety company bond in
such form as the Department prescribes, or it may be in the
form of a bank certificate of deposit or bank letter of credit.
The bond shall be conditioned upon the distributor's payment of
the amount of any 30-day draft which the Department accepts
from that distributor for the delivery of stamps to that
distributor under this Act. The distributor's failure to pay
any such draft, when due, shall also make such distributor
automatically liable to the Department for a penalty equal to
25% of the amount of such draft.
Every prior continuous compliance taxpayer shall be exempt
from all requirements under this Section concerning the
furnishing of such bond, as defined in this Section, as a
condition precedent to his being authorized to engage in the

business licensed under this Act. This exemption shall continue
for each such taxpayer until such time as he may be determined
by the Department to be delinquent in the filing of any
returns, or is determined by the Department (either through the
Department's issuance of a final assessment which has become
final under the Act, or by the taxpayer's filing of a return
which admits tax to be due that is not paid) to be delinquent
or deficient in the paying of any tax under this Act, at which
time that taxpayer shall become subject to the bond
requirements of this Section and, as a condition of being
allowed to continue to engage in the business licensed under
this Act, shall be required to furnish bond to the Department
in such form as provided in this Section. Such taxpayer shall
furnish such bond for a period of 2 years, after which, if the
taxpayer has not been delinquent in the filing of any returns,
or delinquent or deficient in the paying of any tax under this
Act, the Department may reinstate such person as a prior
continuance compliance taxpayer. Any taxpayer who fails to pay
an admitted or established liability under this Act may also be
required to post bond or other acceptable security with the
Department guaranteeing the payment of such admitted or
established liability.
Except as otherwise provided in this Section, any person
aggrieved by any decision of the Department under this Section
may, within the time allowed by law, protest and request a
hearing, whereupon the Department shall give notice and shall

hold a hearing in conformity with the provisions of this Act
and then issue its final administrative decision in the matter
to such person. On and after July 1, 2013, protests concerning
matters that are subject to the jurisdiction of the Illinois
Independent Tax Tribunal shall be filed with the Tribunal in
accordance with the Illinois Independent Tax Tribunal Act of
2012, and hearings on those matters shall be held before the
Tribunal in accordance with that Act. With respect to protests
filed with the Department prior to July 1, 2013 that would
otherwise be subject to the jurisdiction of the Illinois
Independent Tax Tribunal, the taxpayer may elect to be subject
to the provisions of the Illinois Independent Tax Tribunal Act
of 2012 at any time on or after July 1, 2013, but not later than
30 days after the date on which the protest was filed. If made,
the election shall be irrevocable. In the absence of such a
protest filed within the time allowed by law, the Department's
decision shall become final without any further determination
being made or notice given.
The Department shall discharge any surety and shall release
and return any bond or security deposited, assigned, pledged,
or otherwise provided to it by a taxpayer under this Section
within 30 days after:
(1) Such taxpayer becomes a prior continuous
compliance taxpayer; or
(2) Such taxpayer has ceased to collect receipts on
which he is required to remit tax to the Department, has

filed a final tax return, and has paid to the Department an
amount sufficient to discharge his remaining tax liability
as determined by the Department under this Act. The
Department shall make a final determination of the
taxpayer's outstanding tax liability as expeditiously as
possible after his final tax return has been filed. If the
Department cannot make such final determination within 45
days after receiving the final tax return, within such
period it shall so notify the taxpayer, stating its reasons
therefor.
The Department may authorize distributors to affix revenue
tax stamps by imprinting tax meter stamps upon original
packages of cigarettes. The Department shall adopt rules and
regulations relating to the imprinting of such tax meter stamps
as will result in payment of the proper taxes as herein
imposed. No distributor may affix revenue tax stamps to
original packages of cigarettes by imprinting tax meter stamps
thereon unless such distributor has first obtained permission
from the Department to employ this method of affixation. The
Department shall regulate the use of tax meters and may, to
assure the proper collection of the taxes imposed by this Act,
revoke or suspend the privilege, theretofore granted by the
Department to any distributor, to imprint tax meter stamps upon
original packages of cigarettes.
Illinois cigarette manufacturers who place their
cigarettes in original packages which are contained inside a

sealed transparent wrapper, and similar out-of-State cigarette
manufacturers who elect to qualify and are accepted by the
Department as distributors under Section 4b(a) of this Act,
shall pay the taxes imposed by this Act by remitting the amount
thereof to the Department by the 5th day of each month covering
cigarettes shipped or otherwise delivered in Illinois to
purchasers during the preceding calendar month. Such
manufacturers of cigarettes in original packages which are
contained inside a sealed transparent wrapper, before
delivering such cigarettes or causing such cigarettes to be
delivered in this State to purchasers, shall evidence their
obligation to remit the taxes due with respect to such
cigarettes by imprinting language to be prescribed by the
Department on each original package of such cigarettes
underneath the sealed transparent outside wrapper of such
original package, in such place thereon and in such manner as
the Department may designate. Such imprinted language shall
acknowledge the manufacturer's payment of or liability for the
tax imposed by this Act with respect to the distribution of
such cigarettes.
A distributor shall not affix, or cause to be affixed, any
stamp or imprint to a package of cigarettes, as provided for in
this Section, if the tobacco product manufacturer, as defined
in Section 10 of the Tobacco Product Manufacturers' Escrow Act,
that made or sold the cigarettes has failed to become a
participating manufacturer, as defined in subdivision (a)(1)

of Section 15 of the Tobacco Product Manufacturers' Escrow Act,
or has failed to create a qualified escrow fund for any
cigarettes manufactured by the tobacco product manufacturer
and sold in this State or otherwise failed to bring itself into
compliance with subdivision (a)(2) of Section 15 of the Tobacco
Product Manufacturers' Escrow Act.
(Source: P.A. 96-782, eff. 1-1-10; 96-1027, eff. 7-12-10;
97-1129, eff. 8-28-12; revised 10-10-12.)
(35 ILCS 130/9a) (from Ch. 120, par. 453.9a)
Sec. 9a. Examination and correction of returns.
(1) As soon as practicable after any return is filed, the
Department shall examine such return and shall correct such
return according to its best judgment and information, which
return so corrected by the Department shall be prima facie
correct and shall be prima facie evidence of the correctness of
the amount of tax due, as shown therein. Instead of requiring
the distributor to file an amended return, the Department may
simply notify the distributor of the correction or corrections
it has made. Proof of such correction by the Department may be
made at any hearing before the Department or in any legal
proceeding by a reproduced copy of the Department's record
relating thereto in the name of the Department under the
certificate of the Director of Revenue. Such reproduced copy
shall, without further proof, be admitted into evidence before
the Department or in any legal proceeding and shall be prima

facie proof of the correctness of the amount of tax due, as
shown therein. If the Department finds that any amount of tax
is due from the distributor, the Department shall issue the
distributor a notice of tax liability for the amount of tax
claimed by the Department to be due, together with a penalty in
an amount determined in accordance with Sections 3-3, 3-5 and
3-6 of the Uniform Penalty and Interest Act. If, in
administering the provisions of this Act, comparison of a
return or returns of a distributor with the books, records and
inventories of such distributor discloses a deficiency which
cannot be allocated by the Department to a particular month or
months, the Department shall issue the distributor a notice of
tax liability for the amount of tax claimed by the Department
to be due for a given period, but without any obligation upon
the Department to allocate such deficiency to any particular
month or months, together with a penalty in an amount
determined in accordance with Sections 3-3, 3-5 and 3-6 of the
Uniform Penalty and Interest Act, under which circumstances the
aforesaid notice of tax liability shall be prima facie correct
and shall be prima facie evidence of the correctness of the
amount of tax due, as shown therein; and proof of such
correctness may be made in accordance with, and the
admissibility of a reproduced copy of such notice of tax
liability shall be governed by, all the provisions of this Act
applicable to corrected returns. If any distributor filing any
return dies or becomes a person under legal disability at any

time before the Department issues its notice of tax liability,
such notice shall be issued to the administrator, executor or
other legal representative, as such, of such distributor.
(2) Except as otherwise provided in this Section, if,
within 60 days after such notice of tax liability, the
distributor or his or her legal representative files a protest
to such notice of tax liability and requests a hearing thereon,
the Department shall give notice to such distributor or legal
representative of the time and place fixed for such hearing,
and shall hold a hearing in conformity with the provisions of
this Act, and pursuant thereto shall issue a final assessment
to such distributor or legal representative for the amount
found to be due as a result of such hearing. On or after July 1,
2013, protests concerning matters that are subject to the
jurisdiction of the Illinois Independent Tax Tribunal shall be
filed in accordance with the Illinois Independent Tax Tribunal
Act of 2012, and hearings concerning those matters shall be
held before the Tribunal in accordance with that Act. With
respect to protests filed with the Department prior to July 1,
2013 that would otherwise be subject to the jurisdiction of the
Illinois Independent Tax Tribunal, the taxpayer may elect to be
subject to the provisions of the Illinois Independent Tax
Tribunal Act of 2012 at any time on or after July 1, 2013, but
not later than 30 days after the date on which the protest was
filed. If made, the election shall be irrevocable. If a protest
to the notice of tax liability and a request for a hearing

thereon is not filed within the time allowed by law, such
notice of tax liability shall become final without the
necessity of a final assessment being issued and shall be
deemed to be a final assessment.
(3) In case of failure to pay the tax, or any portion
thereof, or any penalty provided for in this Act, when due, the
Department may bring suit to recover the amount of such tax, or
portion thereof, or penalty; or, if the taxpayer dies or
becomes incompetent, by filing claim therefor against his
estate; provided that no such action with respect to any tax,
or portion thereof, or penalty, shall be instituted more than 2
years after the cause of action accrues, except with the
consent of the person from whom such tax or penalty is due.
After the expiration of the period within which the person
assessed may file an action for judicial review under the
Administrative Review Law without such an action being filed, a
certified copy of the final assessment or revised final
assessment of the Department may be filed with the Circuit
Court of the county in which the taxpayer has his or her
principal place of business, or of Sangamon County in those
cases in which the taxpayer does not have his principal place
of business in this State. The certified copy of the final
assessment or revised final assessment shall be accompanied by
a certification which recites facts that are sufficient to show
that the Department complied with the jurisdictional
requirements of the Law in arriving at its final assessment or

its revised final assessment and that the taxpayer had his or
her opportunity for an administrative hearing and for judicial
review, whether he availed himself or herself of either or both
of these opportunities or not. If the court is satisfied that
the Department complied with the jurisdictional requirements
of the Law in arriving at its final assessment or its revised
final assessment and that the taxpayer had his or her
opportunity for an administrative hearing and for judicial
review, whether he or she availed himself or herself of either
or both of these opportunities or not, the court shall enter
judgment in favor of the Department and against the taxpayer
for the amount shown to be due by the final assessment or the
revised final assessment, and such judgment shall be filed of
record in the court. Such judgment shall bear the rate of
interest set in the Uniform Penalty and Interest Act, but
otherwise shall have the same effect as other judgments. The
judgment may be enforced, and all laws applicable to sales for
the enforcement of a judgment shall be applicable to sales made
under such judgments. The Department shall file the certified
copy of its assessment, as herein provided, with the Circuit
Court within 2 years after such assessment becomes final except
when the taxpayer consents in writing to an extension of such
filing period.
If, when the cause of action for a proceeding in court
accrues against a person, he or she is out of the State, the
action may be commenced within the times herein limited, after

his or her coming into or return to the State; and if, after
the cause of action accrues, he or she departs from and remains
out of the State, the time of his or her absence is no part of
the time limited for the commencement of the action; but the
foregoing provisions concerning absence from the State shall
not apply to any case in which, at the time the cause of action
accrues, the party against whom the cause of action accrues is
not a resident of this State. The time within which a court
action is to be commenced by the Department hereunder shall not
run while the taxpayer is a debtor in any proceeding under the
Federal Bankruptcy Act nor thereafter until 90 days after the
Department is notified by such debtor of being discharged in
bankruptcy.
No claim shall be filed against the estate of any deceased
person or a person under legal disability for any tax or
penalty or part of either except in the manner prescribed and
within the time limited by the Probate Act of 1975, as amended.
The remedies provided for herein shall not be exclusive,
but all remedies available to creditors for the collection of
debts shall be available for the collection of any tax or
penalty due hereunder.
The collection of tax or penalty by any means provided for
herein shall not be a bar to any prosecution under this Act.
The certificate of the Director of the Department to the
effect that a tax or amount required to be paid by this Act has
not been paid, that a return has not been filed, or that

information has not been supplied pursuant to the provisions of
this Act, shall be prima facie evidence thereof.
All of the provisions of Sections 5a, 5b, 5c, 5d, 5e, 5f,
5g, 5i and 5j of the Retailers' Occupation Tax Act, which are
not inconsistent with this Act, and Section 3-7 of the Uniform
Penalty and Interest Act shall apply, as far as practicable, to
the subject matter of this Act to the same extent as if such
provisions were included herein. References in such
incorporated Sections of the "Retailers' Occupation Tax Act" to
retailers, to sellers or to persons engaged in the business of
selling tangible personal property shall mean distributors
when used in this Act.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)
(35 ILCS 130/9b) (from Ch. 120, par. 453.9b)
Sec. 9b. Failure to file return; penalty; protest. In case
any person who is required to file a return under this Act
fails to file such return, the Department shall determine the
amount of tax due from him according to its best judgment and
information, which amount so fixed by the Department shall be
prima facie correct and shall be prima facie evidence of the
correctness of the amount of tax due, as shown in such
determination. Proof of such determination by the Department
may be made at any hearing before the Department or in any
legal proceeding by a reproduced copy of the Department's
record relating thereto in the name of the Department under the

certificate of the Director of Revenue. Such reproduced copy
shall, without further proof, be admitted into evidence before
the Department or in any legal proceeding and shall be prima
facie proof of the correctness of the amount of tax due, as
shown therein. The Department shall issue such person a notice
of tax liability for the amount of tax claimed by the
Department to be due, together with a penalty in an amount
determined in accordance with Sections 3-3, 3-5 and 3-6 of the
Uniform Penalty and Interest Act. If such person or the legal
representative of such person, within 60 days after such
notice, files a protest to such notice of tax liability and
requests a hearing thereon, the Department shall give notice to
such person or the legal representative of such person of the
time and place fixed for such hearing and shall hold a hearing
in conformity with the provisions of this Act, and pursuant
thereto shall issue a final assessment to such person or to the
legal representative of such person for the amount found to be
due as a result of such hearing. Hearings to protest a notice
of tax liability issued pursuant to this Section that are
conducted as a result of a protest filed with the Illinois
Independent Tax Tribunal on or after July 1, 2013 shall be
conducted pursuant to the Illinois Independent Tax Tribunal Act
of 2012. If a protest to the notice of tax liability and a
request for a hearing thereon is not filed within 60 days after
such notice of tax liability, such notice of tax liability
shall become final without the necessity of a final assessment

being issued and shall be deemed to be a final assessment.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)
Section 195. The Property Tax Code is amended by changing
Sections 10-380 and 15-175 as follows:
(35 ILCS 200/10-380)
Sec. 10-380. For the taxable years 2006 and thereafter, the
chief county assessment officer in the county in which property
subject to a PPV Lease is located shall apply the provisions of
Sections 10-370(b)(i) and 10-375(c)(i) of this Division 14 in
assessing and determining the value of any PPV Lease for
purposes of the property tax laws of this State.
(Source: P.A. 97-942, eff. 8-10-12; revised 10-10-12.)
(35 ILCS 200/15-175)
Sec. 15-175. General homestead exemption.
(a) Except as provided in Sections 15-176 and 15-177,
homestead property is entitled to an annual homestead exemption
limited, except as described here with relation to
cooperatives, to a reduction in the equalized assessed value of
homestead property equal to the increase in equalized assessed
value for the current assessment year above the equalized
assessed value of the property for 1977, up to the maximum
reduction set forth below. If however, the 1977 equalized
assessed value upon which taxes were paid is subsequently

determined by local assessing officials, the Property Tax
Appeal Board, or a court to have been excessive, the equalized
assessed value which should have been placed on the property
for 1977 shall be used to determine the amount of the
exemption.
(b) Except as provided in Section 15-176, the maximum
reduction before taxable year 2004 shall be $4,500 in counties
with 3,000,000 or more inhabitants and $3,500 in all other
counties. Except as provided in Sections 15-176 and 15-177, for
taxable years 2004 through 2007, the maximum reduction shall be
$5,000, for taxable year 2008, the maximum reduction is $5,500,
and, for taxable years 2009 and thereafter, the maximum
reduction is $6,000 in all counties. If a county has elected to
subject itself to the provisions of Section 15-176 as provided
in subsection (k) of that Section, then, for the first taxable
year only after the provisions of Section 15-176 no longer
apply, for owners who, for the taxable year, have not been
granted a senior citizens assessment freeze homestead
exemption under Section 15-172 or a long-time occupant
homestead exemption under Section 15-177, there shall be an
additional exemption of $5,000 for owners with a household
income of $30,000 or less.
(c) In counties with fewer than 3,000,000 inhabitants, if,
based on the most recent assessment, the equalized assessed
value of the homestead property for the current assessment year
is greater than the equalized assessed value of the property

for 1977, the owner of the property shall automatically receive
the exemption granted under this Section in an amount equal to
the increase over the 1977 assessment up to the maximum
reduction set forth in this Section.
(d) If in any assessment year beginning with the 2000
assessment year, homestead property has a pro-rata valuation
under Section 9-180 resulting in an increase in the assessed
valuation, a reduction in equalized assessed valuation equal to
the increase in equalized assessed value of the property for
the year of the pro-rata valuation above the equalized assessed
value of the property for 1977 shall be applied to the property
on a proportionate basis for the period the property qualified
as homestead property during the assessment year. The maximum
proportionate homestead exemption shall not exceed the maximum
homestead exemption allowed in the county under this Section
divided by 365 and multiplied by the number of days the
property qualified as homestead property.
(e) The chief county assessment officer may, when
considering whether to grant a leasehold exemption under this
Section, require the following conditions to be met:
(1) that a notarized application for the exemption,
signed by both the owner and the lessee of the property,
must be submitted each year during the application period
in effect for the county in which the property is located;
(2) that a copy of the lease must be filed with the
chief county assessment officer by the owner of the

property at the time the notarized application is
submitted;
(3) that the lease must expressly state that the lessee
is liable for the payment of property taxes; and
(4) that the lease must include the following language
in substantially the following form:
"Lessee shall be liable for the payment of real
estate taxes with respect to the residence in
accordance with the terms and conditions of Section
15-175 of the Property Tax Code (35 ILCS 200/15-175).
The permanent real estate index number for the premises
is (insert number), and, according to the most recent
property tax bill, the current amount of real estate
taxes associated with the premises is (insert amount)
per year. The parties agree that the monthly rent set
forth above shall be increased or decreased pro rata
(effective January 1 of each calendar year) to reflect
any increase or decrease in real estate taxes. Lessee
shall be deemed to be satisfying Lessee's liability for
the above mentioned real estate taxes with the monthly
rent payments as set forth above (or increased or
decreased as set forth herein).".
In addition, if there is a change in lessee, or if the
lessee vacates the property, then the chief county assessment
officer may require the owner of the property to notify the
chief county assessment officer of that change.

This subsection (e) does not apply to leasehold interests
in property owned by a municipality.
(f) "Homestead property" under this Section includes
residential property that is occupied by its owner or owners as
his or their principal dwelling place, or that is a leasehold
interest on which a single family residence is situated, which
is occupied as a residence by a person who has an ownership
interest therein, legal or equitable or as a lessee, and on
which the person is liable for the payment of property taxes.
For land improved with an apartment building owned and operated
as a cooperative or a building which is a life care facility as
defined in Section 15-170 and considered to be a cooperative
under Section 15-170, the maximum reduction from the equalized
assessed value shall be limited to the increase in the value
above the equalized assessed value of the property for 1977, up
to the maximum reduction set forth above, multiplied by the
number of apartments or units occupied by a person or persons
who is liable, by contract with the owner or owners of record,
for paying property taxes on the property and is an owner of
record of a legal or equitable interest in the cooperative
apartment building, other than a leasehold interest. For
purposes of this Section, the term "life care facility" has the
meaning stated in Section 15-170.
"Household", as used in this Section, means the owner, the
spouse of the owner, and all persons using the residence of the
owner as their principal place of residence.

"Household income", as used in this Section, means the
combined income of the members of a household for the calendar
year preceding the taxable year.
"Income", as used in this Section, has the same meaning as
provided in Section 3.07 of the Senior Citizens and Disabled
Persons Property Tax Relief Act, except that "income" does not
include veteran's benefits.
(g) In a cooperative where a homestead exemption has been
granted, the cooperative association or its management firm
shall credit the savings resulting from that exemption only to
the apportioned tax liability of the owner who qualified for
the exemption. Any person who willfully refuses to so credit
the savings shall be guilty of a Class B misdemeanor.
(h) Where married persons maintain and reside in separate
residences qualifying as homestead property, each residence
shall receive 50% of the total reduction in equalized assessed
valuation provided by this Section.
(i) In all counties, the assessor or chief county
assessment officer may determine the eligibility of
residential property to receive the homestead exemption and the
amount of the exemption by application, visual inspection,
questionnaire or other reasonable methods. The determination
shall be made in accordance with guidelines established by the
Department, provided that the taxpayer applying for an
additional general exemption under this Section shall submit to
the chief county assessment officer an application with an

affidavit of the applicant's total household income, age,
marital status (and, if married, the name and address of the
applicant's spouse, if known), and principal dwelling place of
members of the household on January 1 of the taxable year. The
Department shall issue guidelines establishing a method for
verifying the accuracy of the affidavits filed by applicants
under this paragraph. The applications shall be clearly marked
as applications for the Additional General Homestead
Exemption.
(j) In counties with fewer than 3,000,000 inhabitants, in
the event of a sale of homestead property the homestead
exemption shall remain in effect for the remainder of the
assessment year of the sale. The assessor or chief county
assessment officer may require the new owner of the property to
apply for the homestead exemption for the following assessment
year.
(k) Notwithstanding Sections 6 and 8 of the State Mandates
Act, no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 97-689, eff. 6-14-12; 97-1125, eff. 8-28-12;
revised 9-20-12.)
Section 200. The Mobile Home Local Services Tax Act is
amended by changing Section 7 as follows:
(35 ILCS 515/7) (from Ch. 120, par. 1207)

Sec. 7. The local services tax for owners of mobile homes
who (a) are actually residing in such mobile homes, (b) hold
title to such mobile home as provided in the Illinois Vehicle
Code, and (c) are 65 years of age or older or are disabled
persons within the meaning of Section 3.14 of the "Senior
Citizens and Disabled Persons Property Tax Relief Act" on the
annual billing date shall be reduced to 80 percent of the tax
provided for in Section 3 of this Act. Proof that a claimant
has been issued an Illinois Person with a Disability
Identification Card stating that the claimant is under a Class
2 disability, as provided in Section 4A of the Illinois
Identification Card Act, shall constitute proof that the person
thereon named is a disabled person within the meaning of this
Act. An application for reduction of the tax shall be filed
with the county clerk by the individuals who are entitled to
the reduction. If the application is filed after May 1, the
reduction in tax shall begin with the next annual bill.
Application for the reduction in tax shall be done by
submitting proof that the applicant has been issued an Illinois
Person with a Disability Identification Card designating the
applicant's disability as a Class 2 disability, or by affidavit
in substantially the following form:
APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
I hereby make application for a reduction to 80% of the
total tax imposed under "An Act to provide for a local services
tax on mobile homes".

(1) Senior Citizens
(a) I actually reside in the mobile home ....
(b) I hold title to the mobile home as provided in the
Illinois Vehicle Code ....
(c) I reached the age of 65 on or before either January 1
(or July 1) of the year in which this statement is filed. My
date of birth is: ...
(2) Disabled Persons
(a) I actually reside in the mobile home...
(b) I hold title to the mobile home as provided in the
Illinois Vehicle Code ....
(c) I was totally disabled on ... and have remained
disabled until the date of this application. My Social
Security, Veterans, Railroad or Civil Service Total Disability
Claim Number is ... The undersigned declares under the penalty
of perjury that the above statements are true and correct.
Dated (insert date).
...........................
Signature of owner
...........................
(Address)
...........................
(City) (State) (Zip)
Approved by:
.............................
(Assessor)

This application shall be accompanied by a copy of the
applicant's most recent application filed with the Illinois
Department on Aging under the Senior Citizens and Disabled
Persons Property Tax Relief Act.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12;
97-1064, eff. 1-1-13; revised 9-20-12.)
Section 205. The Telecommunications Infrastructure
Maintenance Fee Act is amended by changing Sections 27.30 and
27.40 as follows:
(35 ILCS 635/27.30)
Sec. 27.30. Review under Administrative Review Law. The
Circuit Court of the county wherein a hearing is held shall
have power to review all final administrative decisions of the
Department in administering the provisions of this Act:
Provided that if the administrative proceeding that is to be
reviewed judicially is a claim for refund proceeding commenced
in accordance with this Act and Section 2a of the State
Officers and Employees Money Disposition Act, the Circuit Court
having jurisdiction of the action for judicial review under
this Section and under the Administrative Review Law shall be
the same court that entered the temporary restraining order or
preliminary injunction that is provided for in Section 2a of
the State Officers and Employees Money Disposition Act and that

enables such claim proceeding to be processed and disposed of
as a claim for refund proceeding rather than as a claim for
credit proceeding.
Except as otherwise provided in this Section with respect
to the Illinois Independent Tax Tribunal, the provisions of the
Administrative Review Law, and the rules adopted pursuant
thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the
Department hereunder. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
The provisions of the Illinois Independent Tax Tribunal Act
of 2012, and the rules adopted pursuant thereto, shall apply to
and govern all proceedings for the judicial review of final
administrative decisions of the Department that are subject to
the jurisdiction of the Illinois Independent Tax Tribunal.
Service upon the Director or Assistant Director of the
Department of Revenue of summons issued in any action to review
a final administrative decision shall be service upon the
Department. The Department shall certify the record of its
proceedings if the telecommunications retailer shall pay to it
the sum of 75� per page of testimony taken before the
Department and 25� per page of all other matters contained in
such record, except that these charges may be waived where the
Department is satisfied that the aggrieved party is a poor
person who cannot afford to pay such charges.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)

(35 ILCS 635/27.40)
Sec. 27.40. Application of Illinois Administrative
Procedure Act. The Illinois Administrative Procedure Act is
hereby expressly adopted and shall apply to all administrative
rules and procedures of the Department of Revenue under this
Act, except that (i) paragraph (b) of Section 5-10 of the
Administrative Procedure Act does not apply to final orders,
decisions, and opinions of the Department, (ii) subparagraph
(a)(ii) of Section 5-10 of the Administrative Procedure Act
does not apply to forms established by the Department for use
under this Act, and (iii) the provisions of Section 10-45 of
the Administrative Procedure Act regarding proposals for
decision are excluded and not applicable to the Department
under this Act to the extent Section 10-45 applies to hearings
not otherwise subject to the Illinois Independent Tax Tribunal
Act of 2012.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)
Section 210. The Electricity Excise Tax Law is amended by
changing Section 2-14 as follows:
(35 ILCS 640/2-14)
Sec. 2-14. Rules and regulations; hearing; review under
Administrative Review Law; death or incompetency of party. The
Department may make, promulgate and enforce such reasonable

rules and regulations relating to the administration and
enforcement of this Law as may be deemed expedient.
Whenever notice to a purchaser or to a delivering supplier
is required by this Law, such notice may be personally served
or given by United States certified or registered mail,
addressed to the purchaser or delivering supplier concerned at
his or her last known address, and proof of such mailing shall
be sufficient for the purposes of this Law. In the case of a
notice of hearing, the notice shall be mailed not less than 21
days prior to the date fixed for the hearing.
All hearings provided for in this Law with respect to a
purchaser or to a delivering supplier having its principal
address or principal place of business in any of the several
counties of this State shall be held in the county wherein the
purchaser or delivering supplier has its principal address or
principal place of business. If the purchaser or delivering
supplier does not have its principal address or principal place
of business in this State, such hearings shall be held in
Sangamon County. Except as otherwise provided in this Section
with respect to the Illinois Independent Tax Tribunal, the
Circuit Court of any county wherein a hearing is held shall
have power to review all final administrative decisions of the
Department in administering the provisions of this Law. If,
however, the administrative proceeding which is to be reviewed
judicially is a claim for refund proceeding commenced in
accordance with this Law and Section 2a of the State Officers

and Employees Money Disposition Act, the Circuit Court having
jurisdiction of the action for judicial review under this
Section and under the Administrative Review Law shall be the
same court that entered the temporary restraining order or
preliminary injunction which is provided for in Section 2a of
the State Officers and Employees Money Disposition Act and
which enables such claim proceeding to be processed and
disposed of as a claim for refund proceeding rather than as a
claim for credit proceeding.
Except as otherwise provided with respect to the Illinois
Independent Tax Tribunal, the provisions of the Administrative
Review Law, and the rules adopted pursuant thereto, shall apply
to and govern all proceedings for the judicial review of final
administrative decisions of the Department hereunder. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
The provisions of the Illinois Independent Tax Tribunal Act
of 2012, and the rules adopted pursuant thereto, shall apply to
and govern all proceedings for the judicial review of final
administrative decisions of the Department that are subject to
the jurisdiction of the Illinois Independent Tax Tribunal.
Service upon the Director or Assistant Director of the
Department of Revenue of summons issued in any action to review
a final administrative decision is service upon the Department.
The Department shall certify the record of its proceedings if
the person commencing such action shall pay to it the sum of 75

cents per page of testimony taken before the Department and 25
cents per page of all other matters contained in such record,
except that these charges may be waived where the Department is
satisfied that the aggrieved party is a poor person who cannot
afford to pay such charges.
Whenever any proceeding provided by this Law has been begun
by the Department or by a person subject thereto and such
person thereafter dies or becomes a person under legal
disability before the proceeding has been concluded, the legal
representative of the deceased person or a person under legal
disability shall notify the Department of such death or legal
disability. The legal representative, as such, shall then be
substituted by the Department in place of and for the person.
Within 20 days after notice to the legal representative of
the time fixed for that purpose, the proceeding may proceed in
all respects and with like effect as though the person had not
died or become a person under legal disability.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)
Section 215. The Illinois Independent Tax Tribunal Act of
2012 is amended by changing the heading of Article 1 and
Sections 1-15, 1-45, 1-55, 1-75, and 1-85 as follows:
(35 ILCS 1010/Art. 1 heading)
ARTICLE 1. ILLINOIS INDEPENDENT TAX TRIBUNAL ACT OF 2012
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)

(35 ILCS 1010/1-15)
Sec. 1-15. Independent Tax Tribunal; establishment.
(a) For the purpose of effectuating the policy declared in
Section 1-5 of this Act, a State agency known as the Illinois
Independent Tax Tribunal is created. The Tax Tribunal shall
have the powers and duties enumerated in this Act, together
with such others conferred upon it by law. The Tax Tribunal
shall operate as an independent agency, and shall be separate
from the authority of the Director of Revenue and the
Department of Revenue.
(b) Except as otherwise limited by this Act, the Tax
Tribunal has all of the powers necessary or convenient to carry
out the purposes and provisions of this Act, including, without
limitation, each of the following:
(1) To have a seal, and to alter that seal at pleasure,
and to use it by causing it or a facsimile to be affixed or
impressed or reproduced in any other manner.
(2) To accept and expend appropriations.
(3) To obtain and employ personnel as required in this
Act, including any additional personnel necessary to
fulfill the Tax Tribunal's purposes, and to make
expenditures for personnel within the appropriations for
that purpose.
(4) To maintain offices at such places as required
under this Act, and elsewhere as the Tax Tribunal may

determine.
(5) To engage in any activity or operation that is
incidental to and in furtherance of efficient operation to
accomplish the Tax Tribunal's purposes.
(c) Unless otherwise stated, the Tax Tribunal is subject to
the provisions of all applicable laws, including, but not
limited to, each of the following:
(1) The State Records Act.
(2) The Illinois Procurement Code, except that the
Illinois Procurement Code does not apply to the hiring of
the chief administrative law judge or other administrative
law judges pursuant to Section 1-25 of this Act.
(3) The Freedom of Information Act, except as otherwise
provided in Section 7 of that Act.
(4) The State Property Control Act.
(5) The State Officials and Employees Ethics Act.
(6) The Illinois Administrative Procedure Act, to the
extent not inconsistent with the provisions of this Act.
(7) The Illinois State Auditing Act. For purposes of
the Illinois State Auditing Act, the Tax Tribunal is a
"State agency" within the meaning of the Act and is subject
to the jurisdiction of the Auditor General.
(d) The Tax Tribunal shall exercise its jurisdiction on and
after July 1, 2013, but the administrative law judges of the
Tax Tribunal may be appointed prior to that date and may take
any action prior to that date that is necessary to enable the

Tax Tribunal to properly exercise its jurisdiction on or after
that date. Any administrative proceeding commenced prior to
July 1, 2013, that would otherwise be subject to the
jurisdiction of the Illinois Independent Tax Tribunal may be
conducted according to the procedures set forth in this Act if
the taxpayer so elects. Such an election shall be irrevocable
and may be made on or after July 1, 2013, but no later than 30
days after the date on which the taxpayer's protest was filed.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)
(35 ILCS 1010/1-45)
Sec. 1-45. Jurisdiction of the Tax Tribunal.
(a) Except as provided by the Constitution of the United
States, the Constitution of the State of Illinois, or any
statutes of this State, including, but not limited to, the
State Officers and Employees Money Disposition Act, the Tax
Tribunal shall have original jurisdiction over all
determinations of the Department reflected on a Notice of
Deficiency, Notice of Tax Liability, Notice of Claim Denial, or
Notice of Penalty Liability issued under the Illinois Income
Tax Act, the Use Tax Act, the Service Use Tax Act, the Service
Occupation Tax Act, the Retailers' Occupation Tax Act, the
Cigarette Tax Act, the Cigarette Use Tax Act, the Tobacco
Products Tax Act of 1995, the Hotel Operators' Occupation Tax
Act, the Motor Fuel Tax Law, the Automobile Renting Occupation
and Use Tax Act, the Coin-Operated Amusement Device and

Redemption Machine Tax Act, the Gas Revenue Tax Act, the Water
Company Invested Capital Tax Act, the Telecommunications
Excise Tax Act, the Telecommunications Infrastructure
Maintenance Fee Act, the Public Utilities Revenue Act, the
Electricity Excise Tax Law, the Aircraft Use Tax Law, the
Watercraft Use Tax Law, the Gas Use Tax Law, or the Uniform
Penalty and Interest Act. Jurisdiction of the Tax Tribunal is
limited to Notices of Tax Liability, Notices of Deficiency,
Notices of Claim Denial, and Notices of Penalty Liability where
the amount at issue in a notice, or the aggregate amount at
issue in multiple notices issued for the same tax year or audit
period, exceeds $15,000, exclusive of penalties and interest.
In notices solely asserting either an interest or penalty
assessment, or both, the Tax Tribunal shall have jurisdiction
over cases where the combined total of all penalties or
interest assessed exceeds $15,000.
(b) Except as otherwise permitted by this Act and by the
Constitution of the State of Illinois or otherwise by State
law, including, but not limited to, the State Officers and
Employees Money Disposition Act, no person shall contest any
matter within the jurisdiction of the Tax Tribunal in any
action, suit, or proceeding in the circuit court or any other
court of the State. If a person attempts to do so, then such
action, suit, or proceeding shall be dismissed without
prejudice. The improper commencement of any action, suit, or
proceeding does not extend the time period for commencing a

proceeding in the Tax Tribunal.
(c) The Tax Tribunal may require the taxpayer to post a
bond equal to 25% of the liability at issue (1) upon motion of
the Department and a showing that (A) the taxpayer's action is
frivolous or legally insufficient or (B) the taxpayer is acting
primarily for the purpose of delaying the collection of tax or
prejudicing the ability ultimately to collect the tax, or (2)
if, at any time during the proceedings, it is determined by the
Tax Tribunal that the taxpayer is not pursuing the resolution
of the case with due diligence. If the Tax Tribunal finds in a
particular case that the taxpayer cannot procure and furnish a
satisfactory surety or sureties for the kind of bond required
herein, the Tax Tribunal may relieve the taxpayer of the
obligation of filing such bond, if, upon the timely application
for a lien in lieu thereof and accompanying proof therein
submitted, the Tax Tribunal is satisfied that any such lien
imposed would operate to secure the assessment in the manner
and to the degree as would a bond. The Tax Tribunal shall adopt
rules for the procedures to be used in securing a bond or lien
under this Section.
(d) If, with or after the filing of a timely petition, the
taxpayer pays all or part of the tax or other amount in issue
before the Tax Tribunal has rendered a decision, the Tax
Tribunal shall treat the taxpayer's petition as a protest of a
denial of claim for refund of the amount so paid upon a written
motion filed by the taxpayer.

(e) The Tax Tribunal shall not have jurisdiction to review:
(1) any assessment made under the Property Tax Code;
(2) any decisions relating to the issuance or denial of
an exemption ruling for any entity claiming exemption from
any tax imposed under the Property Tax Code or any State
tax administered by the Department;
(3) a notice of proposed tax liability, notice of
proposed deficiency, or any other notice of proposed
assessment or notice of intent to take some action;
(4) any action or determination of the Department
regarding tax liabilities that have become finalized by
law, including but not limited to the issuance of liens,
levies, and revocations, suspensions, or denials of
licenses or certificates of registration or any other
collection activities;
(5) any proceedings of the Department's informal
administrative appeals function; and
(6) any challenge to an administrative subpoena issued
by the Department.
(f) The Tax Tribunal shall decide questions regarding the
constitutionality of statutes and rules adopted by the
Department as applied to the taxpayer, but shall not have the
power to declare a statute or rule unconstitutional or
otherwise invalid on its face. A taxpayer challenging the
constitutionality of a statute or rule on its face may present
such challenge to the Tax Tribunal for the sole purpose of

making a record for review by the Illinois Appellate Court.
Failure to raise a constitutional issue regarding the
application of a statute or regulations to the taxpayer shall
not preclude the taxpayer or the Department from raising those
issues at the appellate court level.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)
(35 ILCS 1010/1-55)
Sec. 1-55. Fees.
(a) The Tax Tribunal shall impose a fee of $500 for the
filing of petitions.
(b) The Tax Tribunal may fix a fee, not in excess of the
fees charged and collected by the clerk of the circuit courts,
for comparing, or for preparing and comparing, a transcript of
the record, or for copying any record, entry, or other paper
and the comparison and certification thereof.
(c) Fees collected under this Section shall be deposited
into the Illinois Independent Tax Tribunal Fund, a special fund
created in the State treasury. Moneys deposited into the Fund
shall be appropriated to the Tax Tribunal to reimburse the Tax
Tribunal for costs associated with administering and enforcing
the provisions of this Act.
(d) The Tax Tribunal shall not assign any costs or
attorney's fees incurred by one party against another party.
Claims for expenses and attorney's fees under Section 10-55 of
the Illinois Administrative Procedure Act shall first be made

to the Department of Revenue. If the claimant is dissatisfied
because of the Department's failure to make any award or
because of the insufficiency of the award, the claimant may
petition the Court of Claims for the amount deemed owed.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)
(35 ILCS 1010/1-75)
Sec. 1-75. Appeals.
(a) The taxpayer and the Department are entitled to
judicial review of a final decision of the Tax Tribunal in the
Illinois Appellate Court, in accordance with Section 3-113 of
the Administrative Review Law.
(b) The record on judicial review shall include the
decision of the Tax Tribunal, the stenographic transcript of
the hearing before the Tax Tribunal, the pleadings and all
exhibits and documents admitted into evidence.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)
(35 ILCS 1010/1-85)
Sec. 1-85. Publication of decisions and electronic
submission of documents.
(a) The Tax Tribunal shall, within 180 days of the issuance
of a decision, index and publish its final decision in such
print or electronic form as it deems best adapted for public
convenience. Such publications shall be made permanently
available and constitute the official reports of the Tax

Tribunal.
(b) All published decisions shall be edited by the Tax
Tribunal so that the identification number of the taxpayer and
any related entities or employees, and any trade secrets or
other intellectual property, are not disclosed or identified.
(c) Within 30 days following the issuance of any hearing
decision, the taxpayer affected by the decision may also
request that the Tax Tribunal omit specifically identified
trade secrets or other confidential or proprietary information
prior to publication of the decision. The Tax Tribunal shall
approve those requests if it determines that the requests are
reasonable and that the disclosure of such information would
potentially cause economic or other injury to the taxpayer.
(d) The Tax Tribunal shall provide, by rule, reasonable
requirements for the electronic submission of documents and
records and the method and type of symbol or security procedure
it will accept to authenticate electronic submissions or as a
legal signature.
(e) Each year, no later than October 1, the Tax Tribunal
shall report to the General Assembly regarding the Tax
Tribunal's operations during the prior fiscal year. Such report
shall include the number of cases opened and closed, the size
of its docket, the average age of cases, the dollar amount of
cases by tax type, the number of cases decided in favor of the
Department, the number of cases decided in favor of the
taxpayer, the number of cases resolved through mediation or

settlement, and such other statistics so as to apprise the
General Assembly of whether the Tax Tribunal has successfully
accomplished its mission to fairly and efficiently adjudicate
tax disputes.
(Source: P.A. 97-1129, eff. 8-28-12; revised 10-10-12.)
Section 220. The Illinois Pension Code is amended by
changing Sections 15-155, 16-106, and 16-133.4 and the heading
of Article 22A as follows:
(40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
Sec. 15-155. Employer contributions.
(a) The State of Illinois shall make contributions by
appropriations of amounts which, together with the other
employer contributions from trust, federal, and other funds,
employee contributions, income from investments, and other
income of this System, will be sufficient to meet the cost of
maintaining and administering the System on a 90% funded basis
in accordance with actuarial recommendations.
The Board shall determine the amount of State contributions
required for each fiscal year on the basis of the actuarial
tables and other assumptions adopted by the Board and the
recommendations of the actuary, using the formula in subsection
(a-1).
(a-1) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each

fiscal year shall be an amount determined by the System to be
sufficient to bring the total assets of the System up to 90% of
the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and
including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
For State fiscal years 1996 through 2005, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
so that by State fiscal year 2011, the State is contributing at
the rate required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2006 is
$166,641,900.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2007 is
$252,064,100.
For each of State fiscal years 2008 through 2009, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
from the required State contribution for State fiscal year
2007, so that by State fiscal year 2011, the State is
contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the

total required State contribution for State fiscal year 2010 is
$702,514,000 and shall be made from the State Pensions Fund and
proceeds of bonds sold in fiscal year 2010 pursuant to Section
7.2 of the General Obligation Bond Act, less (i) the pro rata
share of bond sale expenses determined by the System's share of
total bond proceeds, (ii) any amounts received from the General
Revenue Fund in fiscal year 2010, (iii) any reduction in bond
proceeds due to the issuance of discounted bonds, if
applicable.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011 is
the amount recertified by the System on or before April 1, 2011
pursuant to Section 15-165 and shall be made from the State
Pensions Fund and proceeds of bonds sold in fiscal year 2011
pursuant to Section 7.2 of the General Obligation Bond Act,
less (i) the pro rata share of bond sale expenses determined by
the System's share of total bond proceeds, (ii) any amounts
received from the General Revenue Fund in fiscal year 2011, and
(iii) any reduction in bond proceeds due to the issuance of
discounted bonds, if applicable.
Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed to
maintain the total assets of the System at 90% of the total
actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State

Finance Act in any fiscal year do not reduce and do not
constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a
funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the
System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as calculated
under this Section and certified under Section 15-165, shall
not exceed an amount equal to (i) the amount of the required
State contribution that would have been calculated under this
Section for that fiscal year if the System had not received any
payments under subsection (d) of Section 7.2 of the General
Obligation Bond Act, minus (ii) the portion of the State's
total debt service payments for that fiscal year on the bonds
issued in fiscal year 2003 for the purposes of that Section
7.2, as determined and certified by the Comptroller, that is
the same as the System's portion of the total moneys
distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State
fiscal years 2008 through 2010, however, the amount referred to

in item (i) shall be increased, as a percentage of the
applicable employee payroll, in equal increments calculated
from the sum of the required State contribution for State
fiscal year 2007 plus the applicable portion of the State's
total debt service payments for fiscal year 2007 on the bonds
issued in fiscal year 2003 for the purposes of Section 7.2 of
the General Obligation Bond Act, so that, by State fiscal year
2011, the State is contributing at the rate otherwise required
under this Section.
(b) If an employee is paid from trust or federal funds, the
employer shall pay to the Board contributions from those funds
which are sufficient to cover the accruing normal costs on
behalf of the employee. However, universities having employees
who are compensated out of local auxiliary funds, income funds,
or service enterprise funds are not required to pay such
contributions on behalf of those employees. The local auxiliary
funds, income funds, and service enterprise funds of
universities shall not be considered trust funds for the
purpose of this Article, but funds of alumni associations,
foundations, and athletic associations which are affiliated
with the universities included as employers under this Article
and other employers which do not receive State appropriations
are considered to be trust funds for the purpose of this
Article.
(b-1) The City of Urbana and the City of Champaign shall
each make employer contributions to this System for their

respective firefighter employees who participate in this
System pursuant to subsection (h) of Section 15-107. The rate
of contributions to be made by those municipalities shall be
determined annually by the Board on the basis of the actuarial
assumptions adopted by the Board and the recommendations of the
actuary, and shall be expressed as a percentage of salary for
each such employee. The Board shall certify the rate to the
affected municipalities as soon as may be practical. The
employer contributions required under this subsection shall be
remitted by the municipality to the System at the same time and
in the same manner as employee contributions.
(c) Through State fiscal year 1995: The total employer
contribution shall be apportioned among the various funds of
the State and other employers, whether trust, federal, or other
funds, in accordance with actuarial procedures approved by the
Board. State of Illinois contributions for employers receiving
State appropriations for personal services shall be payable
from appropriations made to the employers or to the System. The
contributions for Class I community colleges covering earnings
other than those paid from trust and federal funds, shall be
payable solely from appropriations to the Illinois Community
College Board or the System for employer contributions.
(d) Beginning in State fiscal year 1996, the required State
contributions to the System shall be appropriated directly to
the System and shall be payable through vouchers issued in
accordance with subsection (c) of Section 15-165, except as

provided in subsection (g).
(e) The State Comptroller shall draw warrants payable to
the System upon proper certification by the System or by the
employer in accordance with the appropriation laws and this
Code.
(f) Normal costs under this Section means liability for
pensions and other benefits which accrues to the System because
of the credits earned for service rendered by the participants
during the fiscal year and expenses of administering the
System, but shall not include the principal of or any
redemption premium or interest on any bonds issued by the Board
or any expenses incurred or deposits required in connection
therewith.
(g) If the amount of a participant's earnings for any
academic year used to determine the final rate of earnings,
determined on a full-time equivalent basis, exceeds the amount
of his or her earnings with the same employer for the previous
academic year, determined on a full-time equivalent basis, by
more than 6%, the participant's employer shall pay to the
System, in addition to all other payments required under this
Section and in accordance with guidelines established by the
System, the present value of the increase in benefits resulting
from the portion of the increase in earnings that is in excess
of 6%. This present value shall be computed by the System on
the basis of the actuarial assumptions and tables used in the
most recent actuarial valuation of the System that is available

at the time of the computation. The System may require the
employer to provide any pertinent information or
documentation.
Whenever it determines that a payment is or may be required
under this subsection (g), the System shall calculate the
amount of the payment and bill the employer for that amount.
The bill shall specify the calculations used to determine the
amount due. If the employer disputes the amount of the bill, it
may, within 30 days after receipt of the bill, apply to the
System in writing for a recalculation. The application must
specify in detail the grounds of the dispute and, if the
employer asserts that the calculation is subject to subsection
(h) or (i) of this Section, must include an affidavit setting
forth and attesting to all facts within the employer's
knowledge that are pertinent to the applicability of subsection
(h) or (i). Upon receiving a timely application for
recalculation, the System shall review the application and, if
appropriate, recalculate the amount due.
The employer contributions required under this subsection
(g) (f) may be paid in the form of a lump sum within 90 days
after receipt of the bill. If the employer contributions are
not paid within 90 days after receipt of the bill, then
interest will be charged at a rate equal to the System's annual
actuarially assumed rate of return on investment compounded
annually from the 91st day after receipt of the bill. Payments
must be concluded within 3 years after the employer's receipt

of the bill.
(h) This subsection (h) applies only to payments made or
salary increases given on or after June 1, 2005 but before July
1, 2011. The changes made by Public Act 94-1057 shall not
require the System to refund any payments received before July
31, 2006 (the effective date of Public Act 94-1057).
When assessing payment for any amount due under subsection
(g), the System shall exclude earnings increases paid to
participants under contracts or collective bargaining
agreements entered into, amended, or renewed before June 1,
2005.
When assessing payment for any amount due under subsection
(g), the System shall exclude earnings increases paid to a
participant at a time when the participant is 10 or more years
from retirement eligibility under Section 15-135.
When assessing payment for any amount due under subsection
(g), the System shall exclude earnings increases resulting from
overload work, including a contract for summer teaching, or
overtime when the employer has certified to the System, and the
System has approved the certification, that: (i) in the case of
overloads (A) the overload work is for the sole purpose of
academic instruction in excess of the standard number of
instruction hours for a full-time employee occurring during the
academic year that the overload is paid and (B) the earnings
increases are equal to or less than the rate of pay for
academic instruction computed using the participant's current

salary rate and work schedule; and (ii) in the case of
overtime, the overtime was necessary for the educational
mission.
When assessing payment for any amount due under subsection
(g), the System shall exclude any earnings increase resulting
from (i) a promotion for which the employee moves from one
classification to a higher classification under the State
Universities Civil Service System, (ii) a promotion in academic
rank for a tenured or tenure-track faculty position, or (iii) a
promotion that the Illinois Community College Board has
recommended in accordance with subsection (k) of this Section.
These earnings increases shall be excluded only if the
promotion is to a position that has existed and been filled by
a member for no less than one complete academic year and the
earnings increase as a result of the promotion is an increase
that results in an amount no greater than the average salary
paid for other similar positions.
(i) When assessing payment for any amount due under
subsection (g), the System shall exclude any salary increase
described in subsection (h) of this Section given on or after
July 1, 2011 but before July 1, 2014 under a contract or
collective bargaining agreement entered into, amended, or
renewed on or after June 1, 2005 but before July 1, 2011.
Notwithstanding any other provision of this Section, any
payments made or salary increases given after June 30, 2014
shall be used in assessing payment for any amount due under

subsection (g) of this Section.
(j) The System shall prepare a report and file copies of
the report with the Governor and the General Assembly by
January 1, 2007 that contains all of the following information:
(1) The number of recalculations required by the
changes made to this Section by Public Act 94-1057 for each
employer.
(2) The dollar amount by which each employer's
contribution to the System was changed due to
recalculations required by Public Act 94-1057.
(3) The total amount the System received from each
employer as a result of the changes made to this Section by
Public Act 94-4.
(4) The increase in the required State contribution
resulting from the changes made to this Section by Public
Act 94-1057.
(k) The Illinois Community College Board shall adopt rules
for recommending lists of promotional positions submitted to
the Board by community colleges and for reviewing the
promotional lists on an annual basis. When recommending
promotional lists, the Board shall consider the similarity of
the positions submitted to those positions recognized for State
universities by the State Universities Civil Service System.
The Illinois Community College Board shall file a copy of its
findings with the System. The System shall consider the
findings of the Illinois Community College Board when making

determinations under this Section. The System shall not exclude
any earnings increases resulting from a promotion when the
promotion was not submitted by a community college. Nothing in
this subsection (k) shall require any community college to
submit any information to the Community College Board.
(l) For purposes of determining the required State
contribution to the System, the value of the System's assets
shall be equal to the actuarial value of the System's assets,
which shall be calculated as follows:
As of June 30, 2008, the actuarial value of the System's
assets shall be equal to the market value of the assets as of
that date. In determining the actuarial value of the System's
assets for fiscal years after June 30, 2008, any actuarial
gains or losses from investment return incurred in a fiscal
year shall be recognized in equal annual amounts over the
5-year period following that fiscal year.
(m) For purposes of determining the required State
contribution to the system for a particular year, the actuarial
value of assets shall be assumed to earn a rate of return equal
to the system's actuarially assumed rate of return.
(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-813, eff.
7-13-12; revised 10-17-12.)
(40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
Sec. 16-106. Teacher. "Teacher": The following

individuals, provided that, for employment prior to July 1,
1990, they are employed on a full-time basis, or if not
full-time, on a permanent and continuous basis in a position in
which services are expected to be rendered for at least one
school term:
(1) Any educational, administrative, professional or
other staff employed in the public common schools included
within this system in a position requiring certification
under the law governing the certification of teachers;
(2) Any educational, administrative, professional or
other staff employed in any facility of the Department of
Children and Family Services or the Department of Human
Services, in a position requiring certification under the
law governing the certification of teachers, and any person
who (i) works in such a position for the Department of
Corrections, (ii) was a member of this System on May 31,
1987, and (iii) did not elect to become a member of the
State Employees' Retirement System pursuant to Section
14-108.2 of this Code; except that "teacher" does not
include any person who (A) becomes a security employee of
the Department of Human Services, as defined in Section
14-110, after June 28, 2001 (the effective date of Public
Act 92-14), or (B) becomes a member of the State Employees'
Retirement System pursuant to Section 14-108.2c of this
Code;
(3) Any regional superintendent of schools, assistant

regional superintendent of schools, State Superintendent
of Education; any person employed by the State Board of
Education as an executive; any executive of the boards
engaged in the service of public common school education in
school districts covered under this system of which the
State Superintendent of Education is an ex-officio member;
(4) Any employee of a school board association
operating in compliance with Article 23 of the School Code
who is certificated under the law governing the
certification of teachers;
(5) Any person employed by the retirement system who:
(i) was an employee of and a participant in the
system on August 17, 2001 (the effective date of Public
Act 92-416), or
(ii) becomes an employee of the system on or after
August 17, 2001;
(6) Any educational, administrative, professional or
other staff employed by and under the supervision and
control of a regional superintendent of schools, provided
such employment position requires the person to be
certificated under the law governing the certification of
teachers and is in an educational program serving 2 or more
districts in accordance with a joint agreement authorized
by the School Code or by federal legislation;
(7) Any educational, administrative, professional or
other staff employed in an educational program serving 2 or

more school districts in accordance with a joint agreement
authorized by the School Code or by federal legislation and
in a position requiring certification under the laws
governing the certification of teachers;
(8) Any officer or employee of a statewide teacher
organization or officer of a national teacher organization
who is certified under the law governing certification of
teachers, provided: (i) the individual had previously
established creditable service under this Article, (ii)
the individual files with the system an irrevocable
election to become a member before the effective date of
this amendatory Act of the 97th General Assembly, (iii) the
individual does not receive credit for such service under
any other Article of this Code, and (iv) the individual
first became an officer or employee of the teacher
organization and becomes a member before the effective date
of this amendatory Act of the 97th General Assembly;
(9) Any educational, administrative, professional, or
other staff employed in a charter school operating in
compliance with the Charter Schools Law who is certificated
under the law governing the certification of teachers; .
(10) Any person employed, on the effective date of this
amendatory Act of the 94th General Assembly, by the
Macon-Piatt Regional Office of Education in a
birth-through-age-three pilot program receiving funds
under Section 2-389 of the School Code who is required by

the Macon-Piatt Regional Office of Education to hold a
teaching certificate, provided that the Macon-Piatt
Regional Office of Education makes an election, within 6
months after the effective date of this amendatory Act of
the 94th General Assembly, to have the person participate
in the system. Any service established prior to the
effective date of this amendatory Act of the 94th General
Assembly for service as an employee of the Macon-Piatt
Regional Office of Education in a birth-through-age-three
pilot program receiving funds under Section 2-389 of the
School Code shall be considered service as a teacher if
employee and employer contributions have been received by
the system and the system has not refunded those
contributions.
An annuitant receiving a retirement annuity under this
Article or under Article 17 of this Code who is employed by a
board of education or other employer as permitted under Section
16-118 or 16-150.1 is not a "teacher" for purposes of this
Article. A person who has received a single-sum retirement
benefit under Section 16-136.4 of this Article is not a
"teacher" for purposes of this Article.
(Source: P.A. 97-651, eff. 1-5-12; revised 8-3-12.)
(40 ILCS 5/16-133.4) (from Ch. 108 1/2, par. 16-133.4)
Sec. 16-133.4. Early retirement incentives for teachers.
(a) To be eligible for the benefits provided in this

Section, a member must:
(1) be a member of this System who, on or after May 1,
1993, is (i) in active payroll status as a full-time
teacher employed by an employer under this Article, or (ii)
on layoff status from such a position with a right of
re-employment or recall to service, or (iii) on disability
or a leave of absence from such a position, but only if the
member has not been receiving benefits under Section 16-149
or 16-149.1 for a continuous period of 2 years or more as
of the date of application;
(2) have never previously received a retirement
annuity under this Article, except that receipt of a
disability retirement annuity does not disqualify a member
if the annuity has been terminated and the member has
returned to full-time employment under this Article before
the effective date of this Section;
(3) file with the Board before March 1, 1993, an
application requesting the benefits provided in this
Section;
(4) in the case of an employee of an employer that is
not a not State agency, be eligible to receive a retirement
annuity under this Article (for which purpose any age
enhancement or creditable service received under this
Section may be used), and elect to receive the retirement
annuity beginning not earlier than June 1, 1993 and not
later than September 1, 1993 (September 1, 1994 if

retirement is delayed under subsection (e) of this
Section);
(5) in the case of an employee of an employer that is a
State agency, be eligible to receive a retirement annuity
under this Article (for which purpose any age enhancement
or creditable service received under this Section may be
used), and elect to receive the retirement annuity
beginning not earlier than July 1, 1993 and not later than
March 1, 1994 (March 1, 1995 if retirement is delayed under
subsection (e) of this Section);
(6) have attained age 50 (without the use of any age
enhancement received under this Section) by the effective
date of the retirement annuity;
(7) have at least 5 years of creditable service under
this System or any of the participating systems under the
Retirement Systems Reciprocal Act (without the use of any
creditable service received under this Section) by the
effective date of the retirement annuity.
(b) An eligible person may establish up to 5 years of
creditable service under this Section. In addition, for each
period of creditable service established under this Section, a
person shall have his or her age at retirement deemed enhanced
by an equivalent period.
The creditable service established under this Section may
be used for all purposes under this Article and the Retirement
Systems Reciprocal Act, except for the computation of final

average salary, the determination of salary or compensation
under this or any other Article of the Code, or the
determination of eligibility for and the computation of
benefits under Section 16-133.2 of this Article.
The age enhancement established under this Section may be
used for all purposes under this Article (including calculation
of a proportionate annuity payable by this System under the
Retirement Systems Reciprocal Act), except for purposes of a
reversionary annuity under Section 16-136, the retirement
annuity under Section 16-133(a)(A), the required distributions
under Section 16-142.3, and the determination of eligibility
for and the computation of benefits under Section 16-133.2 of
this Article. However, age enhancement established under this
Section shall not be used in determining benefits payable under
other Articles of this Code under the Retirement Systems
Reciprocal Act.
(c) For all creditable service established under this
Section by an employee of an employer that is not a State
agency, the employer must pay to the System an employer
contribution consisting of 20% of the member's highest annual
salary rate used in the determination of the average salary for
retirement annuity purposes for each year of creditable service
granted under this Section. No employer contribution is
required under this Section from any employer that is a State
agency.
The employer contribution shall be paid to the System in

one of the following ways: (i) in a single sum at the time of
the member's retirement, (ii) in equal quarterly installments
over a period of 5 years from the date of retirement, or (iii)
subject to the approval of the Board of the System, in unequal
installments over a period of no more than 5 years from the
date of retirement, as provided in a payment plan designed by
the System to accommodate the needs of the employer. The
employer's failure to make the required contributions in a
timely manner shall not affect the payment of the retirement
annuity.
For all creditable service established under this Section,
the employee must pay to the System an employee contribution
consisting of 4% of the member's highest annual salary rate
used in the determination of the retirement annuity for each
year of creditable service granted under this Section. The
employee may elect either to pay the employee contribution in
full before the retirement annuity commences, or to have it
deducted from the retirement annuity in 24 monthly
installments.
(d) An annuitant who has received any age enhancement or
creditable service under this Section and who re-enters
contributing service under this Article shall thereby forfeit
the age enhancement and creditable service, and upon
re-retirement the annuity shall be recomputed. The forfeiture
of creditable service under this subsection shall not entitle
the employer to a refund of the employer contribution paid

under this Section, nor to forgiveness of any part of that
contribution that remains unpaid. The forfeiture of creditable
service under this subsection shall not entitle the employee to
a refund of the employee contribution paid under this Section.
(e) If the number of employees of an employer that actually
apply for early retirement under this Section exceeds 30% of
those eligible, the employer may require that, for the number
of applicants in excess of that 30%, the starting date of the
retirement annuity enhanced under this Section may not be
earlier than June 1, 1994. The right to have the retirement
annuity begin before that date shall be allocated among the
applicants on the basis of seniority in the service of that
employer.
This delay applies only to persons who are applying for
early retirement incentives under this Section, and does not
prevent a person whose application for early retirement
incentives has been withdrawn from receiving a retirement
annuity on the earliest date upon which the person is otherwise
eligible under this Article.
(f) For a member who is notified after February 15, 1993,
but before September 15, 1993, that he or she will be laid off
in the 1993-1994 school year: (1) the March 1 application
deadline in subdivision (a)(3) of this Section is extended to a
date 15 days after the date of issuance of the layoff notice,
and (2) the member shall not be included in the calculation of
the 30% under subsection (e) and is not subject to delay in

retirement under that subsection.
(g) A member who receives any early retirement incentive
under Section 16-133.5 may not receive any early retirement
incentive under this Section.
(Source: P.A. 87-1265; revised 8-3-12.)
(40 ILCS 5/Art. 22A heading)
ARTICLE 22A . INVESTMENT BOARD
(Source: P.A. 76-1829; revised 8-3-12.)
Section 225. The Illinois Police Training Act is amended by
changing Section 7 as follows:
(50 ILCS 705/7) (from Ch. 85, par. 507)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include but not be limited to the following:
a. The curriculum for probationary police officers which
shall be offered by all certified schools shall include but not
be limited to courses of arrest, search and seizure, civil
rights, human relations, cultural diversity, including racial
and ethnic sensitivity, criminal law, law of criminal
procedure, vehicle and traffic law including uniform and
non-discriminatory enforcement of the Illinois Vehicle Code,
traffic control and accident investigation, techniques of
obtaining physical evidence, court testimonies, statements,

reports, firearms training, first-aid (including
cardiopulmonary resuscitation), handling of juvenile
offenders, recognition of mental conditions which require
immediate assistance and methods to safeguard and provide
assistance to a person in need of mental treatment, recognition
of elder abuse and neglect, as defined in Section 2 of the
Elder Abuse and Neglect Act, crimes against the elderly, law of
evidence, the hazards of high-speed police vehicle chases with
an emphasis on alternatives to the high-speed chase, and
physical training. The curriculum shall include specific
training in techniques for immediate response to and
investigation of cases of domestic violence and of sexual
assault of adults and children. The curriculum shall include
training in techniques designed to promote effective
communication at the initial contact with crime victims and
ways to comprehensively explain to victims and witnesses their
rights under the Rights of Crime Victims and Witnesses Act and
the Crime Victims Compensation Act. The curriculum shall also
include a block of instruction aimed at identifying and
interacting with persons with autism and other developmental
disabilities, reducing barriers to reporting crimes against
persons with autism, and addressing the unique challenges
presented by cases involving victims or witnesses with autism
and other developmental disabilities. The curriculum for
permanent police officers shall include but not be limited to
(1) refresher and in-service training in any of the courses

listed above in this subparagraph, (2) advanced courses in any
of the subjects listed above in this subparagraph, (3) training
for supervisory personnel, and (4) specialized training in
subjects and fields to be selected by the board.
b. Minimum courses of study, attendance requirements and
equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary police officer must satisfactorily complete
before being eligible for permanent employment as a local law
enforcement officer for a participating local governmental
agency. Those requirements shall include training in first aid
(including cardiopulmonary resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must satisfactorily
complete before being eligible for permanent employment as a
county corrections officer for a participating local
governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as a
court security officer for a participating local governmental
agency. The Board shall establish those training requirements
which it considers appropriate for court security officers and
shall certify schools to conduct that training.
A person hired to serve as a court security officer must

obtain from the Board a certificate (i) attesting to his or her
successful completion of the training course; (ii) attesting to
his or her satisfactory completion of a training program of
similar content and number of hours that has been found
acceptable by the Board under the provisions of this Act; or
(iii) attesting to the Board's determination that the training
course is unnecessary because of the person's extensive prior
law enforcement experience.
Individuals who currently serve as court security officers
shall be deemed qualified to continue to serve in that capacity
so long as they are certified as provided by this Act within 24
months of the effective date of this amendatory Act of 1996.
Failure to be so certified, absent a waiver from the Board,
shall cause the officer to forfeit his or her position.
All individuals hired as court security officers on or
after the effective date of this amendatory Act of 1996 shall
be certified within 12 months of the date of their hire, unless
a waiver has been obtained by the Board, or they shall forfeit
their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit Commission,
shall maintain a list of all individuals who have filed
applications to become court security officers and who meet the
eligibility requirements established under this Act. Either
the Sheriff's Merit Commission, or the Sheriff's Office if no
Sheriff's Merit Commission exists, shall establish a schedule

of reasonable intervals for verification of the applicants'
qualifications under this Act and as established by the Board.
(Source: P.A. 97-815, eff. 1-1-13; 97-862, eff. 1-1-13; revised
8-3-12.)
Section 230. The Counties Code is amended by changing
Section 5-1014.3 as follows:
(55 ILCS 5/5-1014.3)
Sec. 5-1014.3. Agreements to share or rebate occupation
taxes.
(a) On and after June 1, 2004, a county board shall not
enter into any agreement to share or rebate any portion of
retailers' occupation taxes generated by retail sales of
tangible personal property if: (1) the tax on those retail
sales, absent the agreement, would have been paid to another
unit of local government; and (2) the retailer maintains,
within that other unit of local government, a retail location
from which the tangible personal property is delivered to
purchasers, or a warehouse from which the tangible personal
property is delivered to purchasers. Any unit of local
government denied retailers' occupation tax revenue because of
an agreement that violates this Section may file an action in
circuit court against only the county. Any agreement entered
into prior to June 1, 2004 is not affected by this amendatory
Act of the 93rd General Assembly. Any unit of local government

that prevails in the circuit court action is entitled to
damages in the amount of the tax revenue it was denied as a
result of the agreement, statutory interest, costs, reasonable
attorney's fees, and an amount equal to 50% of the tax.
(b) On and after the effective date of this amendatory Act
of the 93rd General Assembly, a home rule unit shall not enter
into any agreement prohibited by this Section. This Section is
a denial and limitation of home rule powers and functions under
subsection (g) of Section 6 of Article VII of the Illinois
Constitution.
(c) Any county that enters into an agreement to share or
rebate any portion of retailers' occupation taxes generated by
retail sales of tangible personal property must complete and
submit a report by electronic filing to the Department of
Revenue within 30 days after the execution of the agreement.
Any county that has entered into such an agreement before the
effective date of this amendatory Act of the 97th General
Assembly that has not been terminated or expired as of the
effective date of this amendatory Act of the 97th General
Assembly shall submit a report with respect to the agreements
within 90 days after the effective date of this amendatory Act
of the 97th General Assembly.
(d) The report described in this Section shall be made on a
form to be supplied by the Department of Revenue and shall
contain the following:
(1) the names of the county and the business entering

into the agreement;
(2) the location or locations of the business within
the county;
(3) the form shall also contain a statement, to be
answered in the affirmative or negative, as to whether or
not the company maintains additional places of business in
the State other than those described pursuant to paragraph
(2);
(4) the terms of the agreement, including (i) the
manner in which the amount of any retailers' occupation tax
to be shared, rebated, or refunded is to be determined each
year for the duration of the agreement, (ii) the duration
of the agreement, and (iii) the name of any business who is
not a party to the agreement but who directly or indirectly
receives a share, refund, or rebate of the retailers'
occupation tax; and
(5) a copy of the agreement to share or rebate any
portion of retailers' occupation taxes generated by retail
sales of tangible personal property.
An updated report must be filed by the county within 30
days after the execution of any amendment made to an agreement.
Reports filed with the Department pursuant to this Section
shall not constitute tax returns.
(e) The Department and the county shall redact the sales
figures, the amount of sales tax collected, and the amount of
sales tax rebated prior to disclosure of information contained

in a report required by this Section or the Freedom of
Information Act. The information redacted shall be exempt from
the provisions of the Freedom of Information Act.
(f) All reports, except the copy of the agreement, required
to be filed with the Department of Revenue pursuant to this
Section shall be posted on the Department's website within 6
months after the effective date of this amendatory Act of the
97th General Assembly. The website shall be updated on a
monthly basis to include newly received reports.
(Source: P.A. 97-976, eff. 1-1-13; revised 10-17-12.)
Section 235. The County Economic Development Project Area
Property Tax Allocation Act is amended by changing Section 7 as
follows:
(55 ILCS 85/7) (from Ch. 34, par. 7007)
Sec. 7. Creation of special tax allocation fund. If a
county has adopted property tax allocation financing by
ordinance for an economic development project area, the
Department has approved and certified the economic development
project area, and the county clerk has thereafter certified the
"total initial equalized value" of the taxable real property
within such economic development project area in the manner
provided in subsection (b) of Section 6 of this Act, each year
after the date of the certification by the county clerk of the
"initial equalized assessed value" until economic development

project costs and all county obligations financing economic
development project costs have been paid, the ad valorem taxes,
if any, arising from the levies upon the taxable real property
in the economic development project area by taxing districts
and tax rates determined in the manner provided in subsection
(b) of Section 6 of this Act shall be divided as follows:
(1) That portion of the taxes levied upon each taxable
lot, block, tract or parcel of real property which is
attributable to the lower of the current equalized assessed
value or the initial equalized assessed value of each such
taxable lot, block, tract, or parcel of real property
existing at the time property tax allocation financing was
adopted shall be allocated and when collected shall be paid
by the county collector to the respective affected taxing
districts in the manner required by the law in the absence
of the adoption of property tax allocation financing.
(2) That portion, if any, of those taxes which is
attributable to the increase in the current equalized
assessed valuation of each taxable lot, block, tract, or
parcel of real property in the economic development project
are, over and above the initial equalized assessed value of
each property existing at the time property tax allocation
financing was adopted shall be allocated to and when
collected shall be paid to the county treasurer, who shall
deposit those taxes into a special fund called the special
tax allocation fund of the county for the purpose of paying

economic development project costs and obligations
incurred in the payment thereof.
The county, by an ordinance adopting property tax
allocation financing, may pledge the funds in and to be
deposited in the special tax allocation fund for the payment of
obligations issued under this Act and for the payment of
economic development project costs. No part of the current
equalized assessed valuation of each property in the economic
development project area attributable to any increase above the
total initial equalized assessed value of such properties shall
be used in calculating the general State school aid formula,
provided for in Section 18-8 of the School Code, until such
time as all economic development projects costs have been paid
as provided for in this Section.
Whenever a county issues bonds for the purpose of financing
economic development project costs, the county may provide by
ordinance for the appointment of a trustee, which may be any
trust company within the State, and for the establishment of
the funds or accounts to be maintained by such trustee as the
county shall deem necessary to provide for the security and
payment of the bonds. If the county provides for the
appointment of a trustee, the trustee shall be considered the
assignee of any payments assigned by the county pursuant to the
ordinance and this Section. Any amounts paid to the trustee as
assignee shall be deposited in the funds or accounts
established pursuant to the trust agreement, and shall be held

by the trustee in trust for the benefit of the holders of the
bonds, and the holders shall have a lien on and a security
interest in those bonds or accounts so long as the bonds remain
outstanding and unpaid. Upon retirement of the bonds, the
trustee shall pay over any excess amounts held to the county
for deposit in the special tax allocation fund.
When the economic development project costs, including
without limitation all county obligations financing economic
development project costs incurred under this Act, have been
paid, all surplus funds then remaining in the special tax
allocation funds shall be distributed by being paid by the
county treasurer to the county collector, who shall immediately
thereafter pay those funds to the taxing districts having
taxable property in the economic development project area in
the same manner and proportion as the most recent distribution
by the county collector to those taxing districts of real
property taxes from real property in the economic development
project area.
Upon the payment of all economic development project costs,
retirement of obligations and the distribution of any excess
monies pursuant to this Section and not later than 23 years
from the date of adoption of the ordinance adopting property
tax allocation financing, the county shall adopt an ordinance
dissolving the special tax allocation fund for the economic
development project area and terminating the designation of the
economic development project area as an economic development

project area. Thereafter the rates of the taxing districts
shall be extended and taxes levied, collected and distributed
in the manner applicable in the absence of the adoption of
property tax allocation financing.
Nothing in this Section shall be construed as relieving
property in economic development project areas from being
assessed as provided in the Property Tax Code or as relieving
owners of that property from paying a uniform rate of taxes, as
required by Section 4 of Article IX 9 of the Illinois
Constitution of 1970.
(Source: P.A. 88-670, eff. 12-2-94; revised 10-17-12.)
Section 240. The County Economic Development Project Area
Tax Increment Allocation Act of 1991 is amended by changing
Section 50 as follows:
(55 ILCS 90/50) (from Ch. 34, par. 8050)
Sec. 50. Special tax allocation fund.
(a) If a county clerk has certified the "total initial
equalized assessed value" of the taxable real property within
an economic development project area in the manner provided in
Section 45, each year after the date of the certification by
the county clerk of the "total initial equalized assessed
value", until economic development project costs and all county
obligations financing economic development project costs have
been paid, the ad valorem taxes, if any, arising from the

levies upon the taxable real property in the economic
development project area by taxing districts and tax rates
determined in the manner provided in subsection (b) of Section
45 shall be divided as follows:
(1) That portion of the taxes levied upon each taxable
lot, block, tract, or parcel of real property that is
attributable to the lower of the current equalized assessed
value or the initial equalized assessed value of each
taxable lot, block, tract, or parcel of real property
existing at the time tax increment financing was adopted
shall be allocated to (and when collected shall be paid by
the county collector to) the respective affected taxing
districts in the manner required by law in the absence of
the adoption of tax increment allocation financing.
(2) That portion, if any, of the taxes that is
attributable to the increase in the current equalized
assessed valuation of each taxable lot, block, tract, or
parcel of real property in the economic development project
area, over and above the initial equalized assessed value
of each property existing at the time tax increment
financing was adopted, shall be allocated to (and when
collected shall be paid to) the county treasurer, who shall
deposit the taxes into a special fund (called the special
tax allocation fund of the county) for the purpose of
paying economic development project costs and obligations
incurred in the payment of those costs.

(b) The county, by an ordinance adopting tax increment
allocation financing, may pledge the monies in and to be
deposited into the special tax allocation fund for the payment
of obligations issued under this Act and for the payment of
economic development project costs. No part of the current
equalized assessed valuation of each property in the economic
development project area attributable to any increase above the
total initial equalized assessed value of those properties
shall be used in calculating the general State school aid
formula under Section 18-8 of the School Code until all
economic development projects costs have been paid as provided
for in this Section.
(c) When the economic development projects costs,
including without limitation all county obligations financing
economic development project costs incurred under this Act,
have been paid, all surplus monies then remaining in the
special tax allocation fund shall be distributed by being paid
by the county treasurer to the county collector, who shall
immediately pay the monies to the taxing districts having
taxable property in the economic development project area in
the same manner and proportion as the most recent distribution
by the county collector to those taxing districts of real
property taxes from real property in the economic development
project area.
(d) Upon the payment of all economic development project
costs, retirement of obligations, and distribution of any

excess monies under this Section, the county shall adopt an
ordinance dissolving the special tax allocation fund for the
economic development project area and terminating the
designation of the economic development project area as an
economic development project area. Thereafter, the rates of the
taxing districts shall be extended and taxes shall be levied,
collected, and distributed in the manner applicable in the
absence of the adoption of tax increment allocation financing.
(e) Nothing in this Section shall be construed as relieving
property in the economic development project areas from being
assessed as provided in the Property Tax Code or as relieving
owners of that property from paying a uniform rate of taxes as
required by Section 4 of Article IX 9 of the Illinois
Constitution.
(Source: P.A. 87-1; 88-670, eff. 12-2-94; revised 10-17-12.)
Section 245. The Illinois Municipal Code is amended by
changing Sections 8-11-21, 11-74.4-3.5, and 11-74.4-8 as
follows:
(65 ILCS 5/8-11-21)
Sec. 8-11-21. Agreements to share or rebate occupation
taxes.
(a) On and after June 1, 2004, the corporate authorities of
a municipality shall not enter into any agreement to share or
rebate any portion of retailers' occupation taxes generated by

retail sales of tangible personal property if: (1) the tax on
those retail sales, absent the agreement, would have been paid
to another unit of local government; and (2) the retailer
maintains, within that other unit of local government, a retail
location from which the tangible personal property is delivered
to purchasers, or a warehouse from which the tangible personal
property is delivered to purchasers. Any unit of local
government denied retailers' occupation tax revenue because of
an agreement that violates this Section may file an action in
circuit court against only the municipality. Any agreement
entered into prior to June 1, 2004 is not affected by this
amendatory Act of the 93rd General Assembly. Any unit of local
government that prevails in the circuit court action is
entitled to damages in the amount of the tax revenue it was
denied as a result of the agreement, statutory interest, costs,
reasonable attorney's fees, and an amount equal to 50% of the
tax.
(b) On and after the effective date of this amendatory Act
of the 93rd General Assembly, a home rule unit shall not enter
into any agreement prohibited by this Section. This Section is
a denial and limitation of home rule powers and functions under
subsection (g) of Section 6 of Article VII of the Illinois
Constitution.
(c) Any municipality that enters into an agreement to share
or rebate any portion of retailers' occupation taxes generated
by retail sales of tangible personal property must complete and

submit a report by electronic filing to the Department of
Revenue within 30 days after the execution of the agreement.
Any municipality that has entered into such an agreement before
the effective date of this amendatory Act of the 97th General
Assembly that has not been terminated or expired as of the
effective date of this amendatory Act of the 97th General
Assembly shall submit a report with respect to the agreements
within 90 days after the effective date of this amendatory Act
of the 97th General Assembly.
(d) The report described in this Section shall be made on a
form to be supplied by the Department of Revenue and shall
contain the following:
(1) the names of the municipality and the business
entering into the agreement;
(2) the location or locations of the business within
the municipality;
(3) the form shall also contain a statement, to be
answered in the affirmative or negative, as to whether or
not the company maintains additional places of business in
the State other than those described pursuant to paragraph
(2);
(4) the terms of the agreement, including (i) the
manner in which the amount of any retailers' occupation tax
to be shared, rebated, or refunded is to be determined each
year for the duration of the agreement, (ii) the duration
of the agreement, and (iii) the name of any business who is

not a party to the agreement but who directly or indirectly
receives a share, refund, or rebate of the retailers'
occupation tax; and
(5) a copy of the agreement to share or rebate any
portion of retailers' occupation taxes generated by retail
sales of tangible personal property.
An updated report must be filed by the municipality within
30 days after the execution of any amendment made to an
agreement.
Reports filed with the Department pursuant to this Section
shall not constitute tax returns.
(e) The Department and the municipality shall redact the
sales figures, the amount of sales tax collected, and the
amount of sales tax rebated prior to disclosure of information
contained in a report required by this Section or the Freedom
of Information Act. The information redacted shall be exempt
from the provisions of the Freedom of Information Act.
(f) All reports, except the copy of the agreement, required
to be filed with the Department of Revenue pursuant to this
Section shall be posted on the Department's website within 6
months after the effective date of this amendatory Act of the
97th General Assembly. The website shall be updated on a
monthly basis to include newly received reports.
(Source: P.A. 97-976, eff. 1-1-13; revised 10-17-12.)
(65 ILCS 5/11-74.4-3.5)

Sec. 11-74.4-3.5. Completion dates for redevelopment
projects.
(a) Unless otherwise stated in this Section, the estimated
dates of completion of the redevelopment project and retirement
of obligations issued to finance redevelopment project costs
(including refunding bonds under Section 11-74.4-7) may not be
later than December 31 of the year in which the payment to the
municipal treasurer, as provided in subsection (b) of Section
11-74.4-8 of this Act, is to be made with respect to ad valorem
taxes levied in the 23rd calendar year after the year in which
the ordinance approving the redevelopment project area was
adopted if the ordinance was adopted on or after January 15,
1981.
(b) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 32nd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted, if the ordinance
was adopted on September 9, 1999 by the Village of Downs.
The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 33rd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted, if the ordinance
was adopted on May 20, 1985 by the Village of Wheeling.
The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 28th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted, if the ordinance
was adopted on October 12, 1989 by the City of Lawrenceville.
(c) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 35th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted:

(1) if the ordinance was adopted before January 15,
1981;
(2) if the ordinance was adopted in December 1983,
April 1984, July 1985, or December 1989;
(3) if the ordinance was adopted in December 1987 and
the redevelopment project is located within one mile of
Midway Airport;
(4) if the ordinance was adopted before January 1, 1987
by a municipality in Mason County;
(5) if the municipality is subject to the Local
Government Financial Planning and Supervision Act or the
Financially Distressed City Law;
(6) if the ordinance was adopted in December 1984 by
the Village of Rosemont;
(7) if the ordinance was adopted on December 31, 1986
by a municipality located in Clinton County for which at
least $250,000 of tax increment bonds were authorized on
June 17, 1997, or if the ordinance was adopted on December
31, 1986 by a municipality with a population in 1990 of
less than 3,600 that is located in a county with a
population in 1990 of less than 34,000 and for which at
least $250,000 of tax increment bonds were authorized on
June 17, 1997;
(8) if the ordinance was adopted on October 5, 1982 by
the City of Kankakee, or if the ordinance was adopted on
December 29, 1986 by East St. Louis;

(9) if the ordinance was adopted on November 12, 1991
by the Village of Sauget;
(10) if the ordinance was adopted on February 11, 1985
by the City of Rock Island;
(11) if the ordinance was adopted before December 18,
1986 by the City of Moline;
(12) if the ordinance was adopted in September 1988 by
Sauk Village;
(13) if the ordinance was adopted in October 1993 by
Sauk Village;
(14) if the ordinance was adopted on December 29, 1986
by the City of Galva;
(15) if the ordinance was adopted in March 1991 by the
City of Centreville;
(16) if the ordinance was adopted on January 23, 1991
by the City of East St. Louis;
(17) if the ordinance was adopted on December 22, 1986
by the City of Aledo;
(18) if the ordinance was adopted on February 5, 1990
by the City of Clinton;
(19) if the ordinance was adopted on September 6, 1994
by the City of Freeport;
(20) if the ordinance was adopted on December 22, 1986
by the City of Tuscola;
(21) if the ordinance was adopted on December 23, 1986
by the City of Sparta;

(22) if the ordinance was adopted on December 23, 1986
by the City of Beardstown;
(23) if the ordinance was adopted on April 27, 1981,
October 21, 1985, or December 30, 1986 by the City of
Belleville;
(24) if the ordinance was adopted on December 29, 1986
by the City of Collinsville;
(25) if the ordinance was adopted on September 14, 1994
by the City of Alton;
(26) if the ordinance was adopted on November 11, 1996
by the City of Lexington;
(27) if the ordinance was adopted on November 5, 1984
by the City of LeRoy;
(28) if the ordinance was adopted on April 3, 1991 or
June 3, 1992 by the City of Markham;
(29) if the ordinance was adopted on November 11, 1986
by the City of Pekin;
(30) if the ordinance was adopted on December 15, 1981
by the City of Champaign;
(31) if the ordinance was adopted on December 15, 1986
by the City of Urbana;
(32) if the ordinance was adopted on December 15, 1986
by the Village of Heyworth;
(33) if the ordinance was adopted on February 24, 1992
by the Village of Heyworth;
(34) if the ordinance was adopted on March 16, 1995 by

the Village of Heyworth;
(35) if the ordinance was adopted on December 23, 1986
by the Town of Cicero;
(36) if the ordinance was adopted on December 30, 1986
by the City of Effingham;
(37) if the ordinance was adopted on May 9, 1991 by the
Village of Tilton;
(38) if the ordinance was adopted on October 20, 1986
by the City of Elmhurst;
(39) if the ordinance was adopted on January 19, 1988
by the City of Waukegan;
(40) if the ordinance was adopted on September 21, 1998
by the City of Waukegan;
(41) if the ordinance was adopted on December 31, 1986
by the City of Sullivan;
(42) if the ordinance was adopted on December 23, 1991
by the City of Sullivan;
(43) if the ordinance was adopted on December 31, 1986
by the City of Oglesby;
(44) if the ordinance was adopted on July 28, 1987 by
the City of Marion;
(45) if the ordinance was adopted on April 23, 1990 by
the City of Marion;
(46) if the ordinance was adopted on August 20, 1985 by
the Village of Mount Prospect;
(47) if the ordinance was adopted on February 2, 1998

by the Village of Woodhull;
(48) if the ordinance was adopted on April 20, 1993 by
the Village of Princeville;
(49) if the ordinance was adopted on July 1, 1986 by
the City of Granite City;
(50) if the ordinance was adopted on February 2, 1989
by the Village of Lombard;
(51) if the ordinance was adopted on December 29, 1986
by the Village of Gardner;
(52) if the ordinance was adopted on July 14, 1999 by
the Village of Paw Paw;
(53) if the ordinance was adopted on November 17, 1986
by the Village of Franklin Park;
(54) if the ordinance was adopted on November 20, 1989
by the Village of South Holland;
(55) if the ordinance was adopted on July 14, 1992 by
the Village of Riverdale;
(56) if the ordinance was adopted on December 29, 1986
by the City of Galesburg;
(57) if the ordinance was adopted on April 1, 1985 by
the City of Galesburg;
(58) if the ordinance was adopted on May 21, 1990 by
the City of West Chicago;
(59) if the ordinance was adopted on December 16, 1986
by the City of Oak Forest;
(60) if the ordinance was adopted in 1999 by the City

of Villa Grove;
(61) if the ordinance was adopted on January 13, 1987
by the Village of Mt. Zion;
(62) if the ordinance was adopted on December 30, 1986
by the Village of Manteno;
(63) if the ordinance was adopted on April 3, 1989 by
the City of Chicago Heights;
(64) if the ordinance was adopted on January 6, 1999 by
the Village of Rosemont;
(65) if the ordinance was adopted on December 19, 2000
by the Village of Stone Park;
(66) if the ordinance was adopted on December 22, 1986
by the City of DeKalb;
(67) if the ordinance was adopted on December 2, 1986
by the City of Aurora;
(68) if the ordinance was adopted on December 31, 1986
by the Village of Milan;
(69) if the ordinance was adopted on September 8, 1994
by the City of West Frankfort;
(70) if the ordinance was adopted on December 23, 1986
by the Village of Libertyville;
(71) if the ordinance was adopted on December 22, 1986
by the Village of Hoffman Estates;
(72) if the ordinance was adopted on September 17, 1986
by the Village of Sherman;
(73) if the ordinance was adopted on December 16, 1986

by the City of Macomb;
(74) if the ordinance was adopted on June 11, 2002 by
the City of East Peoria to create the West Washington
Street TIF;
(75) if the ordinance was adopted on June 11, 2002 by
the City of East Peoria to create the Camp Street TIF;
(76) if the ordinance was adopted on August 7, 2000 by
the City of Des Plaines;
(77) if the ordinance was adopted on December 22, 1986
by the City of Washington to create the Washington Square
TIF #2;
(78) if the ordinance was adopted on December 29, 1986
by the City of Morris;
(79) if the ordinance was adopted on July 6, 1998 by
the Village of Steeleville;
(80) if the ordinance was adopted on December 29, 1986
by the City of Pontiac to create TIF I (the Main St TIF);
(81) if the ordinance was adopted on December 29, 1986
by the City of Pontiac to create TIF II (the Interstate
TIF);
(82) if the ordinance was adopted on November 6, 2002
by the City of Chicago to create the Madden/Wells TIF
District;
(83) if the ordinance was adopted on November 4, 1998
by the City of Chicago to create the Roosevelt/Racine TIF
District;

(84) if the ordinance was adopted on June 10, 1998 by
the City of Chicago to create the Stony Island
Commercial/Burnside Industrial Corridors TIF District;
(85) if the ordinance was adopted on November 29, 1989
by the City of Chicago to create the Englewood Mall TIF
District;
(86) if the ordinance was adopted on December 27, 1986
by the City of Mendota;
(87) if the ordinance was adopted on December 31, 1986
by the Village of Cahokia;
(88) if the ordinance was adopted on September 20, 1999
by the City of Belleville;
(89) if the ordinance was adopted on December 30, 1986
by the Village of Bellevue to create the Bellevue TIF
District 1;
(90) if the ordinance was adopted on December 13, 1993
by the Village of Crete;
(91) if the ordinance was adopted on February 12, 2001
by the Village of Crete;
(92) if the ordinance was adopted on April 23, 2001 by
the Village of Crete;
(93) if the ordinance was adopted on December 16, 1986
by the City of Champaign;
(94) if the ordinance was adopted on December 20, 1986
by the City of Charleston;
(95) if the ordinance was adopted on June 6, 1989 by

the Village of Romeoville;
(96) if the ordinance was adopted on October 14, 1993
and amended on August 2, 2010 by the City of Venice;
(97) if the ordinance was adopted on June 1, 1994 by
the City of Markham;
(98) if the ordinance was adopted on May 19, 1998 by
the Village of Bensenville;
(99) if the ordinance was adopted on November 12, 1987
by the City of Dixon;
(100) if the ordinance was adopted on December 20, 1988
by the Village of Lansing;
(101) if the ordinance was adopted on October 27, 1998
by the City of Moline; or
(102) if the ordinance was adopted on May 21, 1991 by
the Village of Glenwood; .
(103) (102) if the ordinance was adopted on January 28,
1992 by the City of East Peoria; or
(104) (103) if the ordinance was adopted on December
14, 1998 by the City of Carlyle.
(d) For redevelopment project areas for which bonds were
issued before July 29, 1991, or for which contracts were
entered into before June 1, 1988, in connection with a
redevelopment project in the area within the State Sales Tax
Boundary, the estimated dates of completion of the
redevelopment project and retirement of obligations to finance
redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may be extended by municipal ordinance to
December 31, 2013. The termination procedures of subsection (b)
of Section 11-74.4-8 are not required for these redevelopment
project areas in 2009 but are required in 2013. The extension
allowed by Public Act 87-1272 shall not apply to real property
tax increment allocation financing under Section 11-74.4-8.
(e) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were adopted on or after December 16, 1986 and for
which at least $8 million worth of municipal bonds were
authorized on or after December 19, 1989 but before January 1,
1990; provided that the municipality elects to extend the life
of the redevelopment project area to 35 years by the adoption
of an ordinance after at least 14 but not more than 30 days'
written notice to the taxing bodies, that would otherwise
constitute the joint review board for the redevelopment project
area, before the adoption of the ordinance.
(f) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were established on or after December 1, 1981 but
before January 1, 1982 and for which at least $1,500,000 worth
of tax increment revenue bonds were authorized on or after
September 30, 1990 but before July 1, 1991; provided that the
municipality elects to extend the life of the redevelopment

project area to 35 years by the adoption of an ordinance after
at least 14 but not more than 30 days' written notice to the
taxing bodies, that would otherwise constitute the joint review
board for the redevelopment project area, before the adoption
of the ordinance.
(g) In consolidating the material relating to completion
dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
it is not the intent of the General Assembly to make any
substantive change in the law, except for the extension of the
completion dates for the City of Aurora, the Village of Milan,
the City of West Frankfort, the Village of Libertyville, and
the Village of Hoffman Estates set forth under items (67),
(68), (69), (70), and (71) of subsection (c) of this Section.
(Source: P.A. 96-127, eff. 8-4-09; 96-182, eff. 8-10-09;
96-208, eff. 8-10-09; 96-209, eff. 1-1-10; 96-213, eff.
8-10-09; 96-264, eff. 8-11-09; 96-328, eff. 8-11-09; 96-439,
eff. 8-14-09; 96-454, eff. 8-14-09; 96-722, eff. 8-25-09;
96-773, eff. 8-28-09; 96-830, eff. 12-4-09; 96-837, eff.
12-16-09; 96-1000, eff. 7-2-10; 96-1359, eff. 7-28-10;
96-1494, eff. 12-30-10; 96-1514, eff. 2-4-11; 96-1552, eff.
3-10-11; 97-93, eff. 1-1-12; 97-372, eff. 8-15-11; 97-600, eff.
8-26-11; 97-633, eff. 12-16-11; 97-635, eff. 12-16-11; 97-807,
eff. 7-13-12; 97-1114, eff. 8-27-12; revised 9-20-12.)
(65 ILCS 5/11-74.4-8) (from Ch. 24, par. 11-74.4-8)
Sec. 11-74.4-8. Tax increment allocation financing. A

municipality may not adopt tax increment financing in a
redevelopment project area after the effective date of this
amendatory Act of 1997 that will encompass an area that is
currently included in an enterprise zone created under the
Illinois Enterprise Zone Act unless that municipality,
pursuant to Section 5.4 of the Illinois Enterprise Zone Act,
amends the enterprise zone designating ordinance to limit the
eligibility for tax abatements as provided in Section 5.4.1 of
the Illinois Enterprise Zone Act. A municipality, at the time a
redevelopment project area is designated, may adopt tax
increment allocation financing by passing an ordinance
providing that the ad valorem taxes, if any, arising from the
levies upon taxable real property in such redevelopment project
area by taxing districts and tax rates determined in the manner
provided in paragraph (c) of Section 11-74.4-9 each year after
the effective date of the ordinance until redevelopment project
costs and all municipal obligations financing redevelopment
project costs incurred under this Division have been paid shall
be divided as follows:
(a) That portion of taxes levied upon each taxable lot,
block, tract or parcel of real property which is attributable
to the lower of the current equalized assessed value or the
initial equalized assessed value of each such taxable lot,
block, tract or parcel of real property in the redevelopment
project area shall be allocated to and when collected shall be
paid by the county collector to the respective affected taxing

districts in the manner required by law in the absence of the
adoption of tax increment allocation financing.
(b) Except from a tax levied by a township to retire bonds
issued to satisfy court-ordered damages, that portion, if any,
of such taxes which is attributable to the increase in the
current equalized assessed valuation of each taxable lot,
block, tract or parcel of real property in the redevelopment
project area over and above the initial equalized assessed
value of each property in the project area shall be allocated
to and when collected shall be paid to the municipal treasurer
who shall deposit said taxes into a special fund called the
special tax allocation fund of the municipality for the purpose
of paying redevelopment project costs and obligations incurred
in the payment thereof. In any county with a population of
3,000,000 or more that has adopted a procedure for collecting
taxes that provides for one or more of the installments of the
taxes to be billed and collected on an estimated basis, the
municipal treasurer shall be paid for deposit in the special
tax allocation fund of the municipality, from the taxes
collected from estimated bills issued for property in the
redevelopment project area, the difference between the amount
actually collected from each taxable lot, block, tract, or
parcel of real property within the redevelopment project area
and an amount determined by multiplying the rate at which taxes
were last extended against the taxable lot, block, track, or
parcel of real property in the manner provided in subsection

(c) of Section 11-74.4-9 by the initial equalized assessed
value of the property divided by the number of installments in
which real estate taxes are billed and collected within the
county; provided that the payments on or before December 31,
1999 to a municipal treasurer shall be made only if each of the
following conditions are met:
(1) The total equalized assessed value of the
redevelopment project area as last determined was not less
than 175% of the total initial equalized assessed value.
(2) Not more than 50% of the total equalized assessed
value of the redevelopment project area as last determined
is attributable to a piece of property assigned a single
real estate index number.
(3) The municipal clerk has certified to the county
clerk that the municipality has issued its obligations to
which there has been pledged the incremental property taxes
of the redevelopment project area or taxes levied and
collected on any or all property in the municipality or the
full faith and credit of the municipality to pay or secure
payment for all or a portion of the redevelopment project
costs. The certification shall be filed annually no later
than September 1 for the estimated taxes to be distributed
in the following year; however, for the year 1992 the
certification shall be made at any time on or before March
31, 1992.
(4) The municipality has not requested that the total

initial equalized assessed value of real property be
adjusted as provided in subsection (b) of Section
11-74.4-9.
The conditions of paragraphs (1) through (4) do not apply
after December 31, 1999 to payments to a municipal treasurer
made by a county with 3,000,000 or more inhabitants that has
adopted an estimated billing procedure for collecting taxes. If
a county that has adopted the estimated billing procedure makes
an erroneous overpayment of tax revenue to the municipal
treasurer, then the county may seek a refund of that
overpayment. The county shall send the municipal treasurer a
notice of liability for the overpayment on or before the
mailing date of the next real estate tax bill within the
county. The refund shall be limited to the amount of the
overpayment.
It is the intent of this Division that after the effective
date of this amendatory Act of 1988 a municipality's own ad
valorem tax arising from levies on taxable real property be
included in the determination of incremental revenue in the
manner provided in paragraph (c) of Section 11-74.4-9. If the
municipality does not extend such a tax, it shall annually
deposit in the municipality's Special Tax Increment Fund an
amount equal to 10% of the total contributions to the fund from
all other taxing districts in that year. The annual 10% deposit
required by this paragraph shall be limited to the actual
amount of municipally produced incremental tax revenues

available to the municipality from taxpayers located in the
redevelopment project area in that year if: (a) the plan for
the area restricts the use of the property primarily to
industrial purposes, (b) the municipality establishing the
redevelopment project area is a home-rule community with a 1990
population of between 25,000 and 50,000, (c) the municipality
is wholly located within a county with a 1990 population of
over 750,000 and (d) the redevelopment project area was
established by the municipality prior to June 1, 1990. This
payment shall be in lieu of a contribution of ad valorem taxes
on real property. If no such payment is made, any redevelopment
project area of the municipality shall be dissolved.
If a municipality has adopted tax increment allocation
financing by ordinance and the County Clerk thereafter
certifies the "total initial equalized assessed value as
adjusted" of the taxable real property within such
redevelopment project area in the manner provided in paragraph
(b) of Section 11-74.4-9, each year after the date of the
certification of the total initial equalized assessed value as
adjusted until redevelopment project costs and all municipal
obligations financing redevelopment project costs have been
paid the ad valorem taxes, if any, arising from the levies upon
the taxable real property in such redevelopment project area by
taxing districts and tax rates determined in the manner
provided in paragraph (c) of Section 11-74.4-9 shall be divided
as follows:

(1) That portion of the taxes levied upon each taxable
lot, block, tract or parcel of real property which is
attributable to the lower of the current equalized assessed
value or "current equalized assessed value as adjusted" or
the initial equalized assessed value of each such taxable
lot, block, tract, or parcel of real property existing at
the time tax increment financing was adopted, minus the
total current homestead exemptions under Article 15 of the
Property Tax Code in the redevelopment project area shall
be allocated to and when collected shall be paid by the
county collector to the respective affected taxing
districts in the manner required by law in the absence of
the adoption of tax increment allocation financing.
(2) That portion, if any, of such taxes which is
attributable to the increase in the current equalized
assessed valuation of each taxable lot, block, tract, or
parcel of real property in the redevelopment project area,
over and above the initial equalized assessed value of each
property existing at the time tax increment financing was
adopted, minus the total current homestead exemptions
pertaining to each piece of property provided by Article 15
of the Property Tax Code in the redevelopment project area,
shall be allocated to and when collected shall be paid to
the municipal Treasurer, who shall deposit said taxes into
a special fund called the special tax allocation fund of
the municipality for the purpose of paying redevelopment

project costs and obligations incurred in the payment
thereof.
The municipality may pledge in the ordinance the funds in
and to be deposited in the special tax allocation fund for the
payment of such costs and obligations. No part of the current
equalized assessed valuation of each property in the
redevelopment project area attributable to any increase above
the total initial equalized assessed value, or the total
initial equalized assessed value as adjusted, of such
properties shall be used in calculating the general State
school aid formula, provided for in Section 18-8 of the School
Code, until such time as all redevelopment project costs have
been paid as provided for in this Section.
Whenever a municipality issues bonds for the purpose of
financing redevelopment project costs, such municipality may
provide by ordinance for the appointment of a trustee, which
may be any trust company within the State, and for the
establishment of such funds or accounts to be maintained by
such trustee as the municipality shall deem necessary to
provide for the security and payment of the bonds. If such
municipality provides for the appointment of a trustee, such
trustee shall be considered the assignee of any payments
assigned by the municipality pursuant to such ordinance and
this Section. Any amounts paid to such trustee as assignee
shall be deposited in the funds or accounts established
pursuant to such trust agreement, and shall be held by such

trustee in trust for the benefit of the holders of the bonds,
and such holders shall have a lien on and a security interest
in such funds or accounts so long as the bonds remain
outstanding and unpaid. Upon retirement of the bonds, the
trustee shall pay over any excess amounts held to the
municipality for deposit in the special tax allocation fund.
When such redevelopment projects costs, including without
limitation all municipal obligations financing redevelopment
project costs incurred under this Division, have been paid, all
surplus funds then remaining in the special tax allocation fund
shall be distributed by being paid by the municipal treasurer
to the Department of Revenue, the municipality and the county
collector; first to the Department of Revenue and the
municipality in direct proportion to the tax incremental
revenue received from the State and the municipality, but not
to exceed the total incremental revenue received from the State
or the municipality less any annual surplus distribution of
incremental revenue previously made; with any remaining funds
to be paid to the County Collector who shall immediately
thereafter pay said funds to the taxing districts in the
redevelopment project area in the same manner and proportion as
the most recent distribution by the county collector to the
affected districts of real property taxes from real property in
the redevelopment project area.
Upon the payment of all redevelopment project costs, the
retirement of obligations, the distribution of any excess

monies pursuant to this Section, and final closing of the books
and records of the redevelopment project area, the municipality
shall adopt an ordinance dissolving the special tax allocation
fund for the redevelopment project area and terminating the
designation of the redevelopment project area as a
redevelopment project area. Title to real or personal property
and public improvements acquired by or for the municipality as
a result of the redevelopment project and plan shall vest in
the municipality when acquired and shall continue to be held by
the municipality after the redevelopment project area has been
terminated. Municipalities shall notify affected taxing
districts prior to November 1 if the redevelopment project area
is to be terminated by December 31 of that same year. If a
municipality extends estimated dates of completion of a
redevelopment project and retirement of obligations to finance
a redevelopment project, as allowed by this amendatory Act of
1993, that extension shall not extend the property tax
increment allocation financing authorized by this Section.
Thereafter the rates of the taxing districts shall be extended
and taxes levied, collected and distributed in the manner
applicable in the absence of the adoption of tax increment
allocation financing.
Nothing in this Section shall be construed as relieving
property in such redevelopment project areas from being
assessed as provided in the Property Tax Code or as relieving
owners of such property from paying a uniform rate of taxes, as

required by Section 4 of Article IX 9 of the Illinois
Constitution.
(Source: P.A. 95-644, eff. 10-12-07; revised 10-17-12.)
Section 250. The Economic Development Project Area Tax
Increment Allocation Act of 1995 is amended by changing Section
50 as follows:
(65 ILCS 110/50)
Sec. 50. Special tax allocation fund.
(a) If a county clerk has certified the "total initial
equalized assessed value" of the taxable real property within
an economic development project area in the manner provided in
Section 45, each year after the date of the certification by
the county clerk of the "total initial equalized assessed
value", until economic development project costs and all
municipal obligations financing economic development project
costs have been paid, the ad valorem taxes, if any, arising
from the levies upon the taxable real property in the economic
development project area by taxing districts and tax rates
determined in the manner provided in subsection (b) of Section
45 shall be divided as follows:
(1) That portion of the taxes levied upon each taxable
lot, block, tract, or parcel of real property that is
attributable to the lower of the current equalized assessed
value or the initial equalized assessed value of each

taxable lot, block, tract, or parcel of real property
existing at the time tax increment financing was adopted
shall be allocated to (and when collected shall be paid by
the county collector to) the respective affected taxing
districts in the manner required by law in the absence of
the adoption of tax increment allocation financing.
(2) That portion, if any, of the taxes that is
attributable to the increase in the current equalized
assessed valuation of each taxable lot, block, tract, or
parcel of real property in the economic development project
area, over and above the initial equalized assessed value
of each property existing at the time tax increment
financing was adopted, shall be allocated to (and when
collected shall be paid to) the municipal treasurer, who
shall deposit the taxes into a special fund (called the
special tax allocation fund of the municipality) for the
purpose of paying economic development project costs and
obligations incurred in the payment of those costs.
(b) The municipality, by an ordinance adopting tax
increment allocation financing, may pledge the monies in and to
be deposited into the special tax allocation fund for the
payment of obligations issued under this Act and for the
payment of economic development project costs. No part of the
current equalized assessed valuation of each property in the
economic development project area attributable to any increase
above the total initial equalized assessed value of those

properties shall be used in calculating the general State
school aid formula under Section 18-8 of the School Code until
all economic development projects costs have been paid as
provided for in this Section.
(c) When the economic development projects costs,
including without limitation all municipal obligations
financing economic development project costs incurred under
this Act, have been paid, all surplus monies then remaining in
the special tax allocation fund shall be distributed by being
paid by the municipal treasurer to the county collector, who
shall immediately pay the monies to the taxing districts having
taxable property in the economic development project area in
the same manner and proportion as the most recent distribution
by the county collector to those taxing districts of real
property taxes from real property in the economic development
project area.
(d) Upon the payment of all economic development project
costs, retirement of obligations, and distribution of any
excess monies under this Section and not later than 23 years
from the date of the adoption of the ordinance establishing the
economic development project area, the municipality shall
adopt an ordinance dissolving the special tax allocation fund
for the economic development project area and terminating the
designation of the economic development project area as an
economic development project area. Thereafter, the rates of the
taxing districts shall be extended and taxes shall be levied,

collected, and distributed in the manner applicable in the
absence of the adoption of tax increment allocation financing.
(e) Nothing in this Section shall be construed as relieving
property in the economic development project areas from being
assessed as provided in the Property Tax Code or as relieving
owners or lessees of that property from paying a uniform rate
of taxes as required by Section 4 of Article IX 9 of the
Illinois Constitution.
(Source: P.A. 89-176, eff. 1-1-96; revised 10-17-12.)
Section 255. 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, 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 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), 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;
97-333, eff. 8-12-11; revised 8-3-12.)
Section 260. The Quad Cities Regional Economic Development
Authority Act, approved September 22, 1987 is amended by
changing Section 4 as follows:
(70 ILCS 510/4) (from Ch. 85, par. 6204)
Sec. 4. (a) There is hereby created a political
subdivision, body politic and municipal corporation named the
Quad Cities Regional Economic Development Authority. The
territorial jurisdiction of the Authority is that geographic
area within the boundaries of Jo Daviess JoDaviess, Carroll,
Whiteside, Stephenson, Lee, Rock Island, Henry, Knox, and
Mercer counties in the State of Illinois and any navigable
waters and air space located therein.
(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 16 members
including, as an ex officio member, the Director of Commerce
and Economic Opportunity, or his or her designee. The other
members of the Authority shall be designated "public members",
6 of whom shall be appointed by the Governor with the advice
and consent of the Senate. Of the 6 members appointed by the
Governor, one shall be from a city within the Authority's
territory with a population of 25,000 or more and the remainder
shall be appointed at large. Of the 6 members appointed by the

Governor, 2 members shall have business or finance experience.
One member shall be appointed by each of the county board
chairmen of Rock Island, Henry, Knox, and Mercer Counties with
the advice and consent of the respective county board. Within
60 days after the effective date of this amendatory Act of the
97th General Assembly, one additional public member shall be
appointed by each of the county board chairpersons of Jo
Daviess JoDaviess, Carroll, Whiteside, Stephenson, and Lee
counties with the advice and consent of the respective county
board. Of the public members added by this amendatory Act of
the 97th General Assembly, one shall serve for a one-year term,
2 shall serve for 2-year terms, and 2 shall serve for 3-year
terms, to be determined by lot. Their successors shall serve
for 3-year terms. All public members shall reside within the
territorial jurisdiction of this Act. Nine members shall
constitute a quorum. The public members shall be persons of
recognized ability and experience in one or more of the
following areas: economic development, finance, banking,
industrial development, small business management, real estate
development, community development, venture finance, organized
labor or civic, community or neighborhood organization. The
Chairman of the Authority shall be a public member elected by
the affirmative vote of not fewer than 6 members of the
Authority, except that any chairperson elected on or after the
effective date of this amendatory Act of the 97th General
Assembly shall be elected by the affirmative vote of not fewer

than 9 members. The term of the Chairman shall be one year.
(c) The terms of the initial members of the Authority shall
begin 30 days after the effective date of this Act, except (i)
the terms of those members added by this amendatory Act of 1989
shall begin 30 days after the effective date of this amendatory
Act of 1989 and (ii) the terms of those members added by this
amendatory Act of the 92nd General Assembly shall begin 30 days
after the effective date of this amendatory Act of the 92nd
General Assembly. Of the 10 public members appointed pursuant
to this Act, 2 (one of whom shall be appointed by the Governor)
shall serve until the third Monday in January, 1989, 2 (one of
whom shall be appointed by the Governor) shall serve until the
third Monday in January, 1990, 2 (one of whom shall be
appointed by the Governor) shall serve until the third Monday
in January, 1991, 2 (both of whom shall be appointed by the
Governor) shall serve until the third Monday in January, 1992,
and 2 (one of whom shall be appointed by the Governor and one
of whom shall be appointed by the county board chairman of Knox
County) shall serve until the third Monday in January, 2004.
The initial terms of the members appointed by the county board
chairmen (other than the county board chairman of Knox County)
shall be determined by lot. All successors shall be appointed
by the original appointing authority and hold office for a term
of 3 years commencing the third Monday in January of the year
in which their term commences, except in case of an appointment
to fill a vacancy. Vacancies occurring among the public members

shall be filled for the remainder of the term. In case of
vacancy in a Governor-appointed membership when the Senate is
not in session, the Governor may make a temporary appointment
until the next meeting of the Senate when a person shall be
nominated to fill such office, and any person so nominated who
is confirmed by the Senate shall hold office during the
remainder of the term and until a successor shall be appointed
and qualified. Members of the Authority shall not be entitled
to compensation for their services as members but shall be
entitled to reimbursement for all necessary expenses incurred
in connection with the performance of their duties as members.
(d) The Governor may remove any public member of the
Authority appointed by the Governor in case of incompetency,
neglect of duty, or malfeasance in office. The Chairman of a
county board may remove any public member of the Authority
appointed by such Chairman in the case of incompetency, neglect
of duty, or malfeasance in office.
(e) The Board shall appoint an Executive Director who shall
have a background in finance, including familiarity with the
legal and procedural requirements of issuing bonds, real estate
or economic development and administration. The Executive
Director shall hold office at the discretion of the Board. The
Executive Director shall be the chief administrative and
operational officer of the Authority, shall direct and
supervise its administrative affairs and general management,
shall perform such other duties as may be prescribed from time

to time by the members and shall receive compensation fixed by
the Authority. The Authority may engage the services of such
other agents and employees, including attorneys, appraisers,
engineers, accountants, credit analysts and other consultants,
as it may deem advisable and may prescribe their duties and fix
their compensation.
(f) The Board shall create a task force to study and make
recommendations to the Board on the economic development of the
territory within the jurisdiction of this Act. The number of
members constituting the task force shall be set by the Board
and may vary from time to time. The Board may set a specific
date by which the task force is to submit its final report and
recommendations to the Board.
(Source: P.A. 97-278, eff. 8-8-11; revised 10-17-12.)
Section 265. The Downstate Forest Preserve District Act is
amended by changing Section 8 as follows:
(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
Sec. 8. Powers and duties of corporate authority and
officers; contracts; salaries.
(a) The board shall be the corporate authority of such
forest preserve district and shall have power to pass and
enforce all necessary ordinances, rules and regulations for the
management of the property and conduct of the business of such
district. The president of such board shall have power to

appoint such employees as may be necessary. In counties with
population of less than 3,000,000, within 60 days after their
selection the commissioners appointed under the provisions of
Section 3a of this Act shall organize by selecting from their
members a president, secretary, treasurer and such other
officers as are deemed necessary who shall hold office for the
fiscal year in which elected and until their successors are
selected and qualify. In the one district in existence on July
1, 1977, that is managed by an appointed board of
commissioners, the incumbent president and the other officers
appointed in the manner as originally prescribed in this Act
shall hold such offices until the completion of their
respective terms or in the case of the officers other than
president until their successors are appointed by said
president, but in all cases not to extend beyond January 1,
1980 and until their successors are selected and qualify.
Thereafter, the officers shall be selected in the manner as
prescribed in this Section except that their first term of
office shall not expire until June 30, 1981 and until their
successors are selected and qualify.
(b) In any county, city, village, incorporated town or
sanitary district where the corporate authorities act as the
governing body of a forest preserve district, the person
exercising the powers of the president of the board shall have
power to appoint a secretary and an assistant secretary and
treasurer and an assistant treasurer and such other officers

and such employees as may be necessary. The assistant secretary
and assistant treasurer shall perform the duties of the
secretary and treasurer, respectively in case of death of such
officers or when such officers are unable to perform the duties
of their respective offices. All contracts for supplies,
material or work involving an expenditure in excess of $20,000
shall be let to the lowest responsible bidder, after
advertising at least once in one or more newspapers of general
circulation within the district, excepting work requiring
personal confidence or necessary supplies under the control of
monopolies, where competitive bidding is impossible. Contracts
for supplies, material or work involving an expenditure of
$20,000 or less may be let without advertising for bids, but
whenever practicable, at least 3 competitive bids shall be
obtained before letting such contract. All contracts for
supplies, material or work shall be signed by the president of
the board of commissioners or by any such other officer as the
board in its discretion may designate.
(c) The president of any board of commissioners appointed
under the provisions of Section 3a of this Act shall receive a
salary not to exceed the sum of $2500 per annum and the salary
of other members of the board so appointed shall not exceed
$1500 per annum. Salaries of the commissioners, officers and
employees shall be fixed by ordinance.
(d) Whenever a forest preserve district owns any personal
property that, in the opinion of three-fifths of the members of

the board of commissioners, is no longer necessary, useful to,
or for the best interests of the forest preserve district, then
three-fifths of the members of the board, at any regular
meeting or any special meeting called for that purpose by an
ordinance or resolution that includes a general description of
the personal property, may authorize the conveyance or sale of
that personal property in any manner that they may designate,
with or without advertising the sale.
(Source: P.A. 97-851, eff. 7-26-12; revised 10-17-12.)
Section 270. The Metropolitan Water Reclamation District
Act is amended by changing Section 4 as follows:
(70 ILCS 2605/4) (from Ch. 42, par. 323)
Sec. 4. The commissioners elected under this Act constitute
a board of commissioners for the district by which they are
elected, which board of commissioners is the corporate
authority of the sanitary district, and, in addition to all
other powers specified in this Act, shall establish the
policies and goals of the sanitary district. The executive
director, in addition to all other powers specified in this
Act, shall manage and control all the affairs and property of
the sanitary district and shall regularly report to the Board
of Commissioners on the activities of the sanitary district in
executing the policies and goals established by the board. At
the regularly scheduled meeting of odd numbered years following

the induction of new commissioners the board of commissioners
shall elect from its own number a president and a
vice-president to serve in the absence of the president, and
the chairman of the committee on finance. The board shall
provide by rule when a vacancy occurs in the office of the
president, vice-president, or the chairman of the committee on
finance and the manner of filling such vacancy.
The board shall appoint from outside its own number the
executive director and treasurer for the district.
The executive director must be a resident of the sanitary
district and a citizen of the United States. He must be
selected solely upon his administrative and technical
qualifications and without regard to his political
affiliations.
In the event of illness or other prolonged absence, death
or resignation creating a vacancy in the office of the
executive director, or treasurer, the board of commissioners
may appoint an acting officer from outside its own number, to
perform the duties and responsibilities of the office during
the term of the absence or vacancy.
The executive director, with the advice and consent of the
board of commissioners, shall appoint the director of
engineering, director of maintenance and operations, director
of human resources, director of procurement and materials
management, clerk, general counsel, director of monitoring and
research, and director of information technology. These

constitute the heads of the Department of Engineering,
Maintenance and Operations, Human Resources, Procurement and
Materials Management, Finance, Law, Monitoring and Research,
and Information Technology, respectively. No other departments
or heads of departments may be created without subsequent
amendment to this Act. All such department heads are under the
direct supervision of the executive director.
The executive director, with the advice and consent of the
board of commissioners, shall appoint a public and
intergovernmental affairs officer. The public and
intergovernmental affairs officer shall serve under the direct
supervision of the executive director.
The director of human resources must be qualified under
Section 4.2a of this Act.
The director of procurement and materials management must
be selected in accordance with Section 11.16 of this Act.
In the event of illness or other prolonged absence, death
or resignation creating a vacancy in the office of director of
engineering, director of maintenance and operations, director
of human resources, director of procurement and materials
management, clerk, general counsel, director of monitoring and
research, public and intergovernmental affairs officer, or
director of information technology, the executive director
shall appoint an acting officer to perform the duties and
responsibilities of the office during the term of the absence
or vacancy. Any such officers appointed in an acting capacity

are under the direct supervision of the executive director.
All appointive officers and acting officers shall give bond
as may be required by the board.
The executive director, treasurer, acting executive
director, and acting treasurer hold their offices at the
pleasure of the board of commissioners.
The acting director of engineering, acting director of
maintenance and operations, acting director of human
resources, acting director of procurement and materials
management, acting clerk, acting general counsel, acting
director of monitoring and research, acting public and
intergovernmental affairs officer, and acting director of
information technology hold their offices at the pleasure of
the executive director.
The director of engineering, director of maintenance and
operations, director of human resources, director of
procurement and materials management, clerk, general counsel,
director of monitoring and research, public and
intergovernmental affairs officer, and director of information
technology may be removed from office for cause by the
executive director. Prior to removal, such officers are
entitled to a public hearing before the executive director at
which hearing they may be represented by counsel. Before the
hearing, the executive director shall notify the board of
commissioners of the date, time, place and nature of the
hearing.

In addition to the general counsel appointed by the
executive director, the board of commissioners may appoint from
outside its own number an attorney, or retain counsel, to
advise the board of commissioners with respect to its powers
and duties and with respect to legal questions and matters of
policy for which the board of commissioners is responsible.
The executive director is the chief administrative officer
of the district, has supervision over and is responsible for
all administrative and operational matters of the sanitary
district including the duties of all employees which are not
otherwise designated by law, and is the appointing authority as
specified in Section 4.11 of this Act.
The board, through the budget process, shall set the
compensation of all the officers and employees of the sanitary
district. Any incumbent of the office of president may appoint
an administrative aide which appointment remains in force
during his incumbency unless revoked by the president.
Effective upon the election in January, 1985 of the
president and vice-president of the board of commissioners and
the chairman of the committee on finance, the annual salary of
the president shall be $37,500 and shall be increased to
$39,500 in January, 1987, $41,500 in January, 1989, $50,000 in
January, 1991, and $60,000 in January, 2001; the annual salary
of the vice-president shall be $35,000 and shall be increased
to $37,000 in January, 1987, $39,000 in January, 1989, $45,000
in January, 1991, and $55,000 in January, 2001; the annual

salary of the chairman of the committee on finance shall be
$32,500 and shall be increased to $34,500 in January, 1987,
$36,500 in January, 1989, $45,000 in January, 1991, and $55,000
in January, 2001.
The annual salaries of the other members of the Board shall
be as follows:
For the three members elected in November, 1980, $26,500
per annum for the first two years of the term; $28,000 per
annum for the next two years of the term and $30,000 per annum
for the last two years.
For the three members elected in November, 1982, $28,000
per annum for the first two years of the term and $30,000 per
annum thereafter.
For members elected in November, 1984, $30,000 per annum.
For the three members elected in November, 1986, $32,000
for each of the first two years of the term, $34,000 for each
of the next two years and $36,000 for the last two years;
For three members elected in November, 1988, $34,000 for
each of the first two years of the term and $36,000 for each
year thereafter.
For members elected in November, 1990, 1992, 1994, 1996, or
1998, $40,000.
For members elected in November, 2000 and thereafter,
$50,000.
Notwithstanding the other provisions of this Section, the
board, prior to January 1, 2007 and with a two-thirds vote, may

increase the annual rate of compensation at a separate flat
amount for each of the following: the president, the
vice-president, the chairman of the committee on finance, and
the other members; the increased annual rate of compensation
shall apply to all such officers and members whose terms as
members of the board commence after the increase in
compensation is adopted by the board.
The board of commissioners has full power to pass all
necessary ordinances, orders, rules, resolutions and
regulations for the proper management and conduct of the
business of the board of commissioners and the corporation and
for carrying into effect the object for which the sanitary
district is formed. All ordinances, orders, rules, resolutions
and regulations passed by the board of commissioners must,
before they take effect, be approved by the president of the
board of commissioners. If he approves thereof, he shall sign
them, and such as he does not approve he shall return to the
board of commissioners with his objections in writing at the
next regular meeting of the board of commissioners occurring
after the passage thereof. Such veto may extend to any one or
more items or appropriations contained in any ordinance making
an appropriation, or to the entire ordinance. If the veto
extends to a part of such ordinance, the residue takes effect.
If the president of such board of commissioners fails to return
any ordinance, order, rule, resolution or regulation with his
objections thereto in the time required, he is deemed to have

approved it, and it takes effect accordingly. Upon the return
of any ordinance, order, rule, resolution, or regulation by the
president, the vote by which it was passed must be reconsidered
by the board of commissioners, and if upon such reconsideration
two-thirds of all the members agree by yeas and nays to pass
it, it takes effect notwithstanding the president's refusal to
approve thereof.
It is the policy of this State that all powers granted,
either expressly or by necessary implication, by this Act or
any other Illinois statute to the District may be exercised by
the District notwithstanding effects on competition. It is the
intention of the General Assembly that the "State action
exemption" to the application of federal antitrust statutes be
fully available to the District to the extent its activities
are authorized by law as stated herein.
(Source: P.A. 97-893, eff. 8-3-12; revised 10-17-12.)
Section 275. The School Code is amended by changing
Sections 1H-115, 10-17a, and 22-45 and by setting forth and
renumbering multiple versions of Sections 22-75 and 34-18.45 as
follows:
(105 ILCS 5/1H-115)
Sec. 1H-115. Abolition of Panel.
(a) Except as provided in subsections (b), (c), and (d) of
this Section, the Panel shall be abolished 10 years after its

creation.
(b) The State Board, upon recommendation of the Panel or
petition of the school board, may abolish the Panel at any time
after the Panel has been in existence for 3 years if no
obligations of the Panel are outstanding or remain undefeased
and upon investigation and finding that:
(1) none of the factors specified in Section 1A-8 of
this Code remain applicable to the district; and
(2) there has been substantial achievement of the goals
and objectives established pursuant to the financial plan
and required under Section 1H-15 of this Code.
(c) The Panel of a district that otherwise meets all of the
requirements for abolition of a Panel under subsection (b) of
this Section, except for the fact that there are outstanding
financial obligations of the Panel, may petition the State
Board for reinstatement of all of the school board's boards
powers and duties assumed by the Panel; and if approved by the
State Board, then:
(1) the Panel shall continue in operation, but its
powers and duties shall be limited to those necessary to
manage and administer its outstanding obligations;
(2) the school board shall once again begin exercising
all of the powers and duties otherwise allowed by statute;
and
(3) the Panel shall be abolished as provided in
subsection (a) of this Section.

(d) If the Panel of a district that otherwise meets all of
the requirements for abolition of a Panel under subsection (b)
of this Section, except for outstanding obligations of the
Panel, then the district may petition the State Board for
abolition of the Panel if the district:
(1) establishes an irrevocable trust fund, the purpose
of which is to provide moneys to defease the outstanding
obligations of the Panel; and
(2) issues funding bonds pursuant to the provisions of
Sections Section 19-8 and 19-9 of this Code.
A district with a Panel that falls under this subsection
(d) these provisions shall be abolished as provided in
subsection (a) of this Section.
(Source: P.A. 97-429, eff. 8-16-11; revised 8-3-12.)
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report card,
school district report cards, and school report cards, and
shall by the most economic means provide to each school
district in this State, including special charter districts and
districts subject to the provisions of Article 34, the report
cards for the school district and each of its schools.

(2) In addition to any information required by federal law,
the State Superintendent shall determine the indicators and
presentation of the school report card, which must include, at
a minimum, the most current data possessed by the State Board
of Education related to the following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as limited English proficiency; the
percentage of students who have individualized education
plans or 504 plans that provide for special education
services; the percentage of students who annually
transferred in or out of the school district; the per-pupil
operating expenditure of the school district; and the
per-pupil State average operating expenditure for the
district type (elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment
courses, foreign language classes, school personnel
resources (including Career Technical Education teachers),
before and after school programs, extracurricular
activities, subjects in which elective classes are
offered, health and wellness initiatives (including the
average number of days of Physical Education per week per

student), approved programs of study, awards received,
community partnerships, and special programs such as
programming for the gifted and talented, students with
disabilities, and work-study students;
(C) student outcomes, including, where applicable, the
percentage of students meeting as well as exceeding State
standards on assessments, the percentage of students in the
eighth grade who pass Algebra, the percentage of students
enrolled in post-secondary institutions (including
colleges, universities, community colleges,
trade/vocational schools, and training programs leading to
career certification within 2 semesters of high school
graduation), the percentage of students graduating from
high school who are college ready, the percentage of
students graduating from high school who are career ready,
and the percentage of graduates enrolled in community
colleges, colleges, and universities who are in one or more
courses that the community college, college, or university
identifies as a remedial course;
(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned 5
credits or more without failing more than one core class, a
measure of students entering kindergarten ready to learn, a
measure of growth, and the percentage of students who enter
high school on track for college and career readiness; and
(E) the school environment, including, where

applicable, the percentage of students with less than 10
absences in a school year, the percentage of teachers with
less than 10 absences in a school year for reasons other
than professional development, leaves taken pursuant to
the federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, 2 or more indicators from any
school climate survey developed by the State and
administered pursuant to Section 2-3.153 of this Code, and
the combined percentage of teachers rated as proficient or
excellent in their most recent evaluation.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income, special education, and limited
English proficiency students.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information relating
to the operating expense per pupil and other finances of the
school district, and the State report card shall include a

subset of the information identified in paragraphs (A) through
(E) of subsection subsections (2) of this Section.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of general
circulation serving the district, and, upon request, send the
report cards home to a parent (unless the district does not
maintain an Internet web site, in which case the report card
shall be sent home to parents without request). If the district
posts the report card on its Internet web site, the district
shall send a written notice home to parents stating (i) that
the report card is available on the web site, (ii) the address
of the web site, (iii) that a printed copy of the report card
will be sent to parents upon request, and (iv) the telephone
number that parents may call to request a printed copy of the

report card.
(Source: P.A. 97-671, eff. 1-24-12; revised 8-3-12.)
(105 ILCS 5/22-45)
Sec. 22-45. Illinois P-20 Council.
(a) The General Assembly finds that preparing Illinoisans
for success in school and the workplace requires a continuum of
quality education from preschool through graduate school. This
State needs a framework to guide education policy and integrate
education at every level. A statewide coordinating council to
study and make recommendations concerning education at all
levels can avoid fragmentation of policies, promote improved
teaching and learning, and continue to cultivate and
demonstrate strong accountability and efficiency. Establishing
an Illinois P-20 Council will develop a statewide agenda that
will move the State towards the common goals of improving
academic achievement, increasing college access and success,
improving use of existing data and measurements, developing
improved accountability, fostering innovative approaches to
education, promoting lifelong learning, easing the transition
to college, and reducing remediation. A pre-kindergarten
through grade 20 agenda will strengthen this State's economic
competitiveness by producing a highly-skilled workforce. In
addition, lifelong learning plans will enhance this State's
ability to leverage funding.
(b) There is created the Illinois P-20 Council. The

Illinois P-20 Council shall include all of the following
members:
(1) The Governor or his or her designee, to serve as
chairperson.
(2) Four members of the General Assembly, one appointed
by the Speaker of the House of Representatives, one
appointed by the Minority Leader of the House of
Representatives, one appointed by the President of the
Senate, and one appointed by the Minority Leader of the
Senate.
(3) Six at-large members appointed by the Governor as
follows, with 2 members being from the City of Chicago, 2
members being from Lake County, McHenry County, Kane
County, DuPage County, Will County, or that part of Cook
County outside of the City of Chicago, and 2 members being
from the remainder of the State:
(A) one representative of civic leaders;
(B) one representative of local government;
(C) one representative of trade unions;
(D) one representative of nonprofit organizations
or foundations;
(E) one representative of parents' organizations;
and
(F) one education research expert.
(4) Five members appointed by statewide business
organizations and business trade associations.

(5) Six members appointed by statewide professional
organizations and associations representing
pre-kindergarten through grade 20 teachers, community
college faculty, and public university faculty.
(6) Two members appointed by associations representing
local school administrators and school board members. One
of these members must be a special education administrator.
(7) One member representing community colleges,
appointed by the Illinois Council of Community College
Presidents.
(8) One member representing 4-year independent
colleges and universities, appointed by a statewide
organization representing private institutions of higher
learning.
(9) One member representing public 4-year
universities, appointed jointly by the university
presidents and chancellors.
(10) Ex-officio members as follows:
(A) The State Superintendent of Education or his or
her designee.
(B) The Executive Director of the Board of Higher
Education or his or her designee.
(C) The President and Chief Executive Officer of
the Illinois Community College Board or his or her
designee.
(D) The Executive Director of the Illinois Student

Assistance Commission or his or her designee.
(E) The Co-chairpersons of the Illinois Workforce
Investment Board or their designee.
(F) The Director of Commerce and Economic
Opportunity or his or her designee.
(G) The Chairperson of the Illinois Early Learning
Council or his or her designee.
(H) The President of the Illinois Mathematics and
Science Academy or his or her designee.
(I) The president of an association representing
educators of adult learners or his or her designee.
Ex-officio members shall have no vote on the Illinois P-20
Council.
Appointed members shall serve for staggered terms expiring
on July 1 of the first, second, or third calendar year
following their appointments or until their successors are
appointed and have qualified. Staggered terms shall be
determined by lot at the organizing meeting of the Illinois
P-20 Council.
Vacancies shall be filled in the same manner as original
appointments, and any member so appointed shall serve during
the remainder of the term for which the vacancy occurred.
(c) The Illinois P-20 Council shall be funded through State
appropriations to support staff activities, research,
data-collection, and dissemination. The Illinois P-20 Council
shall be staffed by the Office of the Governor, in coordination

with relevant State agencies, boards, and commissions. The
Illinois Education Research Council shall provide research and
coordinate research collection activities for the Illinois
P-20 Council.
(d) The Illinois P-20 Council shall have all of the
following duties:
(1) To make recommendations to do all of the following:
(A) Coordinate pre-kindergarten through grade 20
(graduate school) education in this State through
working at the intersections of educational systems to
promote collaborative infrastructure.
(B) Coordinate and leverage strategies, actions,
legislation, policies, and resources of all
stakeholders to support fundamental and lasting
improvement in this State's public schools, community
colleges, and universities.
(C) Better align the high school curriculum with
postsecondary expectations.
(D) Better align assessments across all levels of
education.
(E) Reduce the need for students entering
institutions of higher education to take remedial
courses.
(F) Smooth the transition from high school to
college.
(G) Improve high school and college graduation

rates.
(H) Improve the rigor and relevance of academic
standards for college and workforce readiness.
(I) Better align college and university teaching
programs with the needs of Illinois schools.
(2) To advise the Governor, the General Assembly, the
State's education and higher education agencies, and the
State's workforce and economic development boards and
agencies on policies related to lifelong learning for
Illinois students and families.
(3) To articulate a framework for systemic educational
improvement and innovation that will enable every student
to meet or exceed Illinois learning standards and be
well-prepared to succeed in the workforce and community.
(4) To provide an estimated fiscal impact for
implementation of all Council recommendations.
(e) The chairperson of the Illinois P-20 Council may
authorize the creation of working groups focusing on areas of
interest to Illinois educational and workforce development,
including without limitation the following areas:
(1) Preparation, recruitment, and certification of
highly qualified teachers.
(2) Mentoring and induction of highly qualified
teachers.
(3) The diversity of highly qualified teachers.
(4) Funding for highly qualified teachers, including

developing a strategic and collaborative plan to seek
federal and private grants to support initiatives
targeting teacher preparation and its impact on student
achievement.
(5) Highly effective administrators.
(6) Illinois birth through age 3 education,
pre-kindergarten, and early childhood education.
(7) The assessment, alignment, outreach, and network
of college and workforce readiness efforts.
(8) Alternative routes to college access.
(9) Research data and accountability.
(10) Community schools, community participation, and
other innovative approaches to education that foster
community partnerships.
The chairperson of the Illinois P-20 Council may designate
Council members to serve as working group chairpersons. Working
groups may invite organizations and individuals representing
pre-kindergarten through grade 20 interests to participate in
discussions, data collection, and dissemination.
(Source: P.A. 95-626, eff. 6-1-08; 95-996, eff. 10-3-08;
96-746, eff. 8-25-09; revised 8-3-12.)
(105 ILCS 5/22-75)
Sec. 22-75. The Eradicate Domestic Violence Task Force.
(a) There is hereby created the Eradicate Domestic Violence
Task Force. The Eradicate Domestic Violence Task Force shall

develop a statewide effective and feasible prevention course
for high school students designed to prevent interpersonal,
adolescent violence based on the Step Back Program for boys and
girls. The Clerk of the Circuit Court in the First Judicial
District shall provide administrative staff and support to the
task force.
(b) The Eradicate Domestic Violence Task Force shall do the
following:
(1) Conduct meetings to evaluate the effectiveness and
feasibility of statewide implementation of the curricula
of the Step Back Program at Oak Park and River Forest High
School, located in Cook County, Illinois, for the
prevention of domestic violence.
(2) Invite the testimony of and confer with experts on
relevant topics as needed.
(3) Propose content for integration into school
curricula aimed at preventing domestic violence.
(4) Propose a method of training facilitators on the
school curricula aimed at preventing domestic violence.
(5) Propose partnerships with anti-violence agencies
to assist with the facilitator roles and the nature of the
partnerships.
(6) Evaluate the approximate cost per school or school
district to implement and maintain school curricula aimed
at preventing domestic violence.
(7) Propose a funding source or sources to support

school curricula aimed at preventing domestic violence and
agencies that provide training to the facilitators, such as
a fee to be charged in domestic violence, sexual assault,
and related cases to be collected by the clerk of the court
for deposit into a special fund in the State treasury and
to be used to fund a proposed eradicate domestic violence
program in the schools of this State.
(8) Propose an evaluation structure to ensure that the
school curricula aimed at preventing domestic violence is
effectively taught by trained facilitators.
(9) Propose a method of evaluation for the purpose of
modifying the content of the curriculum over time,
including whether studies of the program should be
conducted by the University of Illinois' Interpersonal
Violence Prevention Information Center.
(10) Recommend legislation developed by the task
force, such as amending Sections 27-5 through 27-13.3 and
27-23.4 of this Code, and legislation to create a fee to be
charged in domestic violence, sexual assault, and related
cases to be collected by the clerk of court for deposit
into a special fund in the State treasury and to be used to
fund a proposed eradicate domestic violence program in the
schools of this State.
(11) Produce a report of the task force's findings on
best practices and policies, which shall include a plan
with a phased and prioritized implementation timetable for

implementation of school curricula aimed at preventing
domestic violence in schools. The task force shall submit a
report to the General Assembly on or before April 1, 2013
on its findings, recommendations, and implementation plan.
Any task force reports must be published on the State Board
of Education's Internet website on the date the report is
delivered to the General Assembly.
(c) The President of the Senate and the Speaker of the
House of Representatives shall each appoint one co-chairperson
of the Eradicate Domestic Violence Task Force. The Minority
Leader of the Senate and the Minority Leader of the House of
Representatives shall each appoint one member to the task
force. In addition, the task force shall be comprised of the
following members appointed by the State Board of Education and
shall be representative of the geographic, racial, and ethnic
diversity of this State:
(1) Four representatives involved with a program for
high school students at a high school that is located in a
municipality with a population of 2,000,000 or more and the
program is a daily, 6-week to 9-week, 45-session,
gender-specific, primary prevention course designed to
raise awareness of topics such as dating and domestic
violence, any systematic conduct that causes measurable
physical harm or emotional distress, sexual assault,
digital abuse, self-defense, and suicide.
(2) A representative of an interpersonal violence

prevention program within a State university.
(3) A representative of a statewide nonprofit,
nongovernmental, domestic violence organization.
(4) A representative of a different nonprofit,
nongovernmental domestic violence organization that is
located in a municipality with a population of 2,000,000 or
more.
(5) A representative of a statewide nonprofit,
nongovernmental, sexual assault organization.
(6) A representative of a different nonprofit,
nongovernmental, sexual assault organization based in a
county with a population of 3,000,000 or more.
(7) The State Superintendent of Education or his or her
designee.
(8) The Chief Executive Officer of City of Chicago
School District 299 or his or her designee or the President
of the Chicago Board of Education or his or her designee.
(9) A representative of the Department of Human
Services.
(10) A representative of a statewide, nonprofit
professional organization representing law enforcement
executives.
(11) A representative of the Chicago Police
Department, Youth Services Division.
(12) The Clerk of the Circuit Court in the First
Judicial District or his or her designee.

(13) A representative of a statewide professional
teachers organization.
(14) A representative of a different statewide
professional teachers organization.
(15) A representative of a professional teachers
organization in a city having a population exceeding
500,000.
(16) A representative of an organization representing
principals.
(17) A representative of an organization representing
school administrators.
(18) A representative of an organization representing
school boards.
(19) A representative of an organization representing
school business officials.
(20) A representative of an organization representing
large unit school districts.
(d) The following underlying purposes should be liberally
construed by the task force convened under this Section:
(1) Recognize that, according to the Centers for
Disease Control and Prevention, National Intimate Partner
and Sexual Violence Survey, December 2010 Summary Report,
on average 24 people per minute are victims of rape,
physical violence, or stalking by an intimate partner in
the United States, equaling more than 12 million women and
men.

(2) Recognize that abused children and children
exposed to domestic violence in their homes may have short
and long-term physical, emotional, and learning problems,
including increased aggression, decreased responsiveness
to adults, failure to thrive, posttraumatic stress
disorder, depression, anxiety, hypervigilance and
hyperactivity, eating and sleeping problems, and
developmental delays, according to the Journal of
Interpersonal Violence and the Futures Without Violence
organization.
(3) Recognize that the Illinois Violence Prevention
Authority has found that children exposed to violence in
the media may become numb to the horror of violence, may
gradually accept violence as a way to solve problems, may
imitate the violence they see, and may identify with
certain characters, victims, or victimizers.
(4) Recognize that crimes and the incarceration of
youth are often associated with a history of child abuse
and exposure to domestic violence, according to Futures
Without Violence.
(5) Recognize that the cost of prosecuting crime in
this State is unnecessarily high due to a lack of
prevention programs designed to eradicate domestic
violence.
(6) Recognize that sexual violence, stalking, and
intimate partner violence are serious and widespread

public health problems for children and adults in this
State.
(7) Recognize that intervention programs aimed at
preventing domestic violence may yield better results than
programs aimed at treating the victims of domestic
violence, because treatment programs may reduce the
likelihood that a particular woman will be re-victimized,
but might not otherwise reduce the overall amount of
domestic violence.
(8) Recognize that uniform, effective, feasible, and
widespread prevention of sexual violence and intimate
partner violence is a high priority in this State.
(9) Recognize that the Step Back Program at Oak Park
and River Forest High School in Cook County, Illinois, is a
daily, 6 to 9 week, 45-session, gender-specific, primary
prevention course for high school students designed to
raise awareness of topics, including dating and domestic
violence, bullying and harassment, sexual assault, digital
abuse, self-defense, and suicide. The Step Back Program is
co-facilitated by the high school and a nonprofit,
nongovernmental domestic violence prevention specialist
and service provider.
(10) Develop a statewide effective prevention course
for high school students based on the Step Back Program for
boys and girls designed to prevent interpersonal,
adolescent violence.

(e) Members of the Eradicate Domestic Violence Task Force
shall receive no compensation for their participation, but may
be reimbursed by the State Board of Education for expenses in
connection with their participation, including travel, if
funds are available.
(f) Nothing in this Section or in the prevention course is
intended to infringe upon any right to exercise free expression
or the free exercise of religion or religiously based views
protected under the First Amendment to the United States
Constitution or under Section 3 or 4 of Article 1 of the
Illinois Constitution.
(Source: P.A. 97-1037, eff. 8-20-12.)
(105 ILCS 5/22-76)
(Section scheduled to be repealed on September 1, 2013)
Sec. 22-76 22-75. Enhance Physical Education Task Force.
(a) The Enhance Physical Education Task Force is
established. The task force shall consist of the following
voting members:
(1) a member of the General Assembly, appointed by the
Speaker of the House of Representatives;
(2) a member of the General Assembly, appointed by the
Minority Leader of the House of Representatives;
(3) a member of the General Assembly, appointed by the
President of the Senate;
(4) a member of the General Assembly, appointed by the

Minority Leader of the Senate;
(5) the Lieutenant Governor or his or her designee;
(6) the State Superintendent of Education or his or her
designee, who shall serve as a co-chairperson of the task
force;
(7) the Director of Public Health or his or her
designee, who shall serve as a co-chairperson of the task
force;
(8) the chief executive officer of City of Chicago
School District 299 or his or her designee;
(9) 2 representatives from a statewide organization
representing health, physical education, recreation, and
dance, appointed by the head of that organization;
(10) a representative of City of Chicago School
District 299, appointed by the Chicago Board of Education;
(11) 2 representatives of a statewide professional
teachers' organization, appointed by the head of that
organization;
(12) 2 representatives of a different statewide
professional teachers' organization, appointed by the head
of that organization;
(13) a representative of an organization representing
professional teachers in a city having a population
exceeding 500,000, appointed by the head of that
organization;
(14) a representative of a statewide organization

representing principals, appointed by the head of that
organization;
(15) a representative of a statewide organization
representing school administrators, appointed by the head
of that organization;
(16) a representative of a statewide organization
representing school boards, appointed by the head of that
organization;
(17) a representative of a statewide organization
representing school business officials, appointed by the
head of that organization;
(18) a representative of a statewide organization
representing parents, appointed by the head of that
organization;
(19) a representative of a national research and
advocacy organization focused on cardiovascular health and
wellness, appointed by the head of that organization;
(20) a representative of an organization that
advocates for healthy school environments, appointed by
the head of that organization;
(21) a representative of a not-for-profit organization
serving children and youth, appointed by the head of that
organization; and
(22) a representative of a not-for-profit organization
that partners to promote prevention and improve public
health systems that maximize the health and quality of life

of the people of this State, appointed by the head of that
organization.
Additional members may be appointed to the task force with the
approval of the task force's co-chairpersons.
(b) The task force shall meet at the call of the
co-chairpersons, with the initial meeting of the task force
being held as soon as possible after the effective date of this
amendatory Act of the 97th General Assembly.
(c) The State Board of Education and the Department of
Public Health shall provide assistance and necessary staff
support services to the task force.
(d) The purpose of the task force is to promote and
recommend enhanced physical education programs that can be
integrated with a broader wellness strategy and health
curriculum in elementary and secondary schools in this State,
including educating and promoting leadership on enhanced
physical education among school district and school officials;
developing and utilizing metrics to assess the impact of
enhanced physical education; promoting training and
professional development in enhanced physical education for
teachers and other school and community stakeholders;
identifying and seeking local, State, and national resources to
support enhanced physical education; and such other strategies
as may be identified by the task force.
(e) The task force shall make recommendations to the
Governor and the General Assembly on Goals 19, 20, 21, 22, 23,

and 24 of the Illinois Learning Standards for Physical
Development and Health. The task force shall focus on updating
the standards based on research in neuroscience that impacts
the relationship between physical activity and learning.
(f) On or before August 31, 2013, the task force must make
recommendations and file a report with the Governor and the
General Assembly.
(g) This Section is repealed on September 1, 2013.
(Source: P.A. 97-1102, eff. 8-27-12; revised 10-4-12.)
(105 ILCS 5/34-18.45)
Sec. 34-18.45. Minimum reading instruction. The board
shall promote 60 minutes of minimum reading opportunities daily
for students in kindergarten through 3rd grade whose reading
level is one grade level or lower than their current grade
level according to current learning standards and the school
district.
(Source: P.A. 97-88, eff. 7-8-11; 97-813, eff. 7-13-12.)
(105 ILCS 5/34-18.47)
Sec. 34-18.47 34-18.45. Youth program. The board may
develop a plan for implementing a program that seeks to
establish common bonds between youth of various backgrounds and
ethnicities, which may be similar to that of the Challenge Day
organization.
(Source: P.A. 97-909, eff. 1-1-13; revised 9-10-12.)

Section 280. The Currency Exchange Act is amended by
changing Section 14.1 as follows:
(205 ILCS 405/14.1)
Sec. 14.1. All moneys received by the Department under this
Act shall be deposited in the Financial Institution
Institutions Fund created under Section 6z-26 of the State
Finance Act.
(Source: P.A. 97-315, eff. 1-1-12; revised 10-17-12.)
Section 285. The Residential Mortgage License Act of 1987
is amended by changing Section 3-2 as follows:
(205 ILCS 635/3-2) (from Ch. 17, par. 2323-2)
Sec. 3-2. Annual audit.
(a) At the licensee's fiscal year-end, but in no case more
than 12 months after the last audit conducted pursuant to this
Section, except as otherwise provided in this Section, it shall
be mandatory for each residential mortgage licensee to cause
its books and accounts to be audited by a certified public
accountant not connected with such licensee. The books and
records of all licensees under this Act shall be maintained on
an accrual basis. The audit must be sufficiently comprehensive
in scope to permit the expression of an opinion on the
financial statements, which must be prepared in accordance with

generally accepted accounting principles, and must be
performed in accordance with generally accepted auditing
standards. Notwithstanding the requirements of this
subsection, a licensee that is a first tier subsidiary may
submit audited consolidated financial statements of its parent
as long as the consolidated statements are supported by
consolidating statements. The licensee's chief financial
officer shall attest to the licensee's financial statements
disclosed in the consolidating statements.
(b) As used herein, the term "expression of opinion"
includes either (1) an unqualified opinion, (2) a qualified
opinion, (3) a disclaimer of opinion, or (4) an adverse
opinion.
(c) If a qualified or adverse opinion is expressed or if an
opinion is disclaimed, the reasons therefore must be fully
explained. An opinion, qualified as to a scope limitation,
shall not be acceptable.
(d) The most recent audit report shall be filed with the
Commissioner within 90 days after the end of the licensee's
fiscal year, or with the Nationwide Mortgage Licensing System
and Registry, if applicable, pursuant to Mortgage Call Report
requirements. The report filed with the Commissioner shall be
certified by the certified public accountant conducting the
audit. The Commissioner may promulgate rules regarding late
audit reports.
(e) If any licensee required to make an audit shall fail to

cause an audit to be made, the Commissioner shall cause the
same to be made by a certified public accountant at the
licensee's expense. The Commissioner shall select such
certified public accountant by advertising for bids or by such
other fair and impartial means as he or she establishes by
regulation.
(f) In lieu of the audit or compilation financial statement
required by this Section, a licensee shall submit and the
Commissioner may accept any audit made in conformance with the
audit requirements of the U.S. Department of Housing and Urban
Development.
(g) With respect to licensees who solely broker residential
mortgage loans as defined in subsection (o) of Section 1-4,
instead of the audit required by this Section, the Commissioner
may accept compilation financial statements prepared at least
every 12 months, and the compilation financial statement must
be principles submitted within 90 days after the end of the
licensee's fiscal year, or with the Nationwide Mortgage
Licensing System and Registry, if applicable, pursuant to
Mortgage Call Report requirements. If a licensee under this
Section fails to file a compilation as required, the
Commissioner shall cause an audit of the licensee's books and
accounts to be made by a certified public accountant at the
licensee's expense. The Commissioner shall select the
certified public accountant by advertising for bids or by such
other fair and impartial means as he or she establishes by

rule. A licensee who files false or misleading compilation
financial statements is guilty of a business offense and shall
be fined not less than $5,000.
(h) The workpapers of the certified public accountants
employed by each licensee for purposes of this Section are to
be made available to the Commissioner or the Commissioner's
designee upon request and may be reproduced by the Commissioner
or the Commissioner's designee to enable to the Commissioner to
carry out the purposes of this Act.
(i) Notwithstanding any other provision of this Section, if
a licensee relying on subsection (g) of this Section causes its
books to be audited at any other time or causes its financial
statements to be reviewed, a complete copy of the audited or
reviewed financial statements shall be delivered to the
Commissioner at the time of the annual license renewal payment
following receipt by the licensee of the audited or reviewed
financial statements. All workpapers shall be made available to
the Commissioner upon request. The financial statements and
workpapers may be reproduced by the Commissioner or the
Commissioner's designee to carry out the purposes of this Act.
(Source: P.A. 96-112, eff. 7-31-09; 97-813, eff. 7-13-12;
97-891, eff. 8-3-12; revised 9-20-12.)
Section 290. The Transmitters of Money Act is amended by
changing Section 45 as follows:

(205 ILCS 657/45)
Sec. 45. Fees.
(a) The Director shall charge and collect fees, which shall
be nonrefundable unless otherwise indicated, in accordance
with the provisions of this Act as follows:
(1) For applying for a license, an application fee of
$100 and a license fee, which shall be refunded if the
application is denied or withdrawn, of $100 plus $10 for
each location at which the applicant and its authorized
sellers are conducting business or propose to conduct
business excepting the applicant's principal place of
business.
(2) For renewal of a license, a fee of $100 plus $10
for each location at which the licensee and its authorized
sellers are conducting business, except the licensee's
principal place of business.
(3) For an application to add an authorized seller
location, $10 for each authorized seller location.
(4) For service of process or other notice upon the
Director as provided by Section 100, a fee of $10.
(5) For an application for renewal of a license
received by the Department after December 1, a penalty fee
of $10 per day for each day after December 1 in addition to
any other fees required under this Act unless an extension
of time has been granted by the Director.
(6) For failure to submit financial statements as

required by Section 40, a penalty fee of $10 per day for
each day the statement is late unless an extension of time
has been granted by the Director.
(b) Beginning one year after the effective date of this
Act, the Director may, by rule, amend the fees set forth in
this Section.
(c) All moneys received by the Department under this Act
shall be deposited into the Financial Institution Institutions
Fund.
(Source: P.A. 92-400, eff. 1-1-02; revised 10-17-12.)
Section 295. The Sales Finance Agency Act is amended by
changing Section 6.1 as follows:
(205 ILCS 660/6.1)
Sec. 6.1. All moneys received by the Department of
Financial Institutions under this Act shall be deposited in the
Financial Institution Institutions Fund created under Section
6z-26 of the State Finance Act.
(Source: P.A. 88-13; revised 10-17-12.)
Section 300. The Debt Management Service Act is amended by
changing Section 12.1 as follows:
(205 ILCS 665/12.1)
Sec. 12.1. All moneys received by the Department of

Financial Institutions under this Act, except moneys received
for the Debt Management Service Consumer Protection Fund, shall
be deposited in the Financial Institution Institutions Fund
created under Section 6z-26 of the State Finance Act.
(Source: P.A. 96-1420, eff. 8-3-10; revised 10-17-12.)
Section 305. The Consumer Installment Loan Act is amended
by changing Section 8.1 as follows:
(205 ILCS 670/8.1)
Sec. 8.1. All moneys received by the Department of
Financial Institutions under this Act shall be deposited in the
Financial Institution Institutions Fund created under Section
6z-26 of the State Finance Act.
(Source: P.A. 88-13; revised 10-17-12.)
Section 310. The Nursing Home Care Act is amended by
changing Section 2-204 as follows:
(210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204)
Sec. 2-204. The Director shall appoint a Long-Term Care
Facility Advisory Board to consult with the Department and the
residents' advisory councils created under Section 2-203.
(a) The Board shall be comprised of the following persons:
(1) The Director who shall serve as chairman, ex
officio and nonvoting; and

(2) One representative each of the Department of
Healthcare and Family Services, the Department of Human
Services, the Department on Aging, and the Office of the
State Fire Marshal, all nonvoting members;
(3) One member who shall be a physician licensed to
practice medicine in all its branches;
(4) One member who shall be a registered nurse selected
from the recommendations of professional nursing
associations;
(5) Four members who shall be selected from the
recommendations by organizations whose membership consists
of facilities;
(6) Two members who shall represent the general public
who are not members of a residents' advisory council
established under Section 2-203 and who have no
responsibility for management or formation of policy or
financial interest in a facility;
(7) One member who is a member of a residents' advisory
council established under Section 2-203 and is capable of
actively participating on the Board; and
(8) One member who shall be selected from the
recommendations of consumer organizations which engage
solely in advocacy or legal representation on behalf of
residents and their immediate families.
(b) The terms of those members of the Board appointed prior
to the effective date of this amendatory Act of 1988 shall

expire on December 31, 1988. Members of the Board created by
this amendatory Act of 1988 shall be appointed to serve for
terms as follows: 3 for 2 years, 3 for 3 years and 3 for 4
years. The member of the Board added by this amendatory Act of
1989 shall be appointed to serve for a term of 4 years. Each
successor member shall be appointed for a term of 4 years. Any
member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed
shall be appointed for the remainder of such term. The Board
shall meet as frequently as the chairman deems necessary, but
not less than 4 times each year. Upon request by 4 or more
members the chairman shall call a meeting of the Board. The
affirmative vote of 6 members of the Board shall be necessary
for Board action. A member of the Board can designate a
replacement to serve at the Board meeting and vote in place of
the member by submitting a letter of designation to the
chairman prior to or at the Board meeting. The Board members
shall be reimbursed for their actual expenses incurred in the
performance of their duties.
(c) The Advisory Board shall advise the Department of
Public Health on all aspects of its responsibilities under this
Act and the Specialized Mental Health Rehabilitation
Facilities Act, including the format and content of any rules
promulgated by the Department of Public Health. Any such rules,
except emergency rules promulgated pursuant to Section 5-45 of
the Illinois Administrative Procedure Act, promulgated without

obtaining the advice of the Advisory Board are null and void.
In the event that the Department fails to follow the advice of
the Board, the Department shall, prior to the promulgation of
such rules, transmit a written explanation of the reason
thereof to the Board. During its review of rules, the Board
shall analyze the economic and regulatory impact of those
rules. If the Advisory Board, having been asked for its advice,
fails to advise the Department within 90 days, the rules shall
be considered acted upon.
(Source: P.A. 97-38, eff. 6-28-11; revised 8-3-12.)
Section 315. The ID/DD Community Care Act is amended by
changing Section 3-310 as follows:
(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 facility choosing to waive the right to
a hearing under Section 3-309 shall submit a payment totaling
65% of the original fine amount along with the written waiver.
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 or Comptroller to deduct
the amount of the fine from amounts otherwise due from the
State for the penalty, including any payments to be made
from the Developmentally Disabled Care Provider Fund for
Persons with a Developmental Disability established under
Section 5C-7 of the Illinois Public Aid Code, 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.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-333,
eff. 8-12-11; 97-813, eff. 7-13-12; revised 10-18-12.)
Section 320. The Specialized Mental Health Rehabilitation
Act is amended by changing Sections 1-101.01, 3-207, and 4-101
as follows:
(210 ILCS 48/1-101.01)
Sec. 1-101.01. Legislative findings. Illinois is committed
to providing behavioral health services in the most

community-integrated settings possible, based on the needs of
residents who qualify for State support. This goal is
consistent with federal law and regulations and recent court
decrees. A variety of services and settings are necessary to
ensure that people with serious mental illness receive high
quality care that is oriented towards their safety,
rehabilitation, and recovery.
Residential settings are an important component of the
system of behavioral health care that Illinois is developing.
When residential treatment is necessary these facilities must
offer high quality rehabilitation and recover care, help
residents achieve and maintain their highest level of
independent functioning, and prepare them to live in permanent
supportive housing and other community-integrated settings.
Facilities licensed under the Specialized Mental Health
Rehabilitation Act will be models of such residential
residental care, demonstrating the elements essential to help
people with serious mental illness transition to more
independent living and return to healthy, productive lives.
(Source: P.A. 97-38, eff. 6-28-11; revised 8-3-12.)
(210 ILCS 48/3-207)
Sec. 3-207. Statement of ownership.
(a) As a condition of the issuance or renewal of the
license of any facility, the applicant shall file a statement
of ownership. The applicant shall update the information

required in the statement of ownership within 10 days of any
change.
(b) The statement of ownership shall include the following:
(1) The name, address, telephone number, occupation or
business activity, business address and business telephone
number of the person who is the owner of the facility and
every person who owns the building in which the facility is
located, if other than the owner of the facility, which is
the subject of the application or license; and if the owner
is a partnership or corporation, the name of every partner
and stockholder of the owner;
(2) The name and address of any facility, wherever
whereever located, any financial interest in which is owned
by the applicant, if the facility were required to be
licensed if it were located in this State;
(3) Other information necessary to determine the
identity and qualifications of an applicant or licensee to
operate a facility in accordance with this Act as required
by the Department in regulations.
(c) The information in the statement of ownership shall be
public information and shall be available from the Department.
(Source: P.A. 97-38, eff. 6-28-11; revised 8-3-12.)
(210 ILCS 48/4-101)
Sec. 4-101. Payments. For facilities licensed by the
Department of Public Health under this the Specialized Mental

Health Rehabilitation Facilities Act, the payment methodology
in effect on June 30, 2011, shall be $1 less than the rate that
would have been paid pursuant to Article V of the Illinois
Public Aid Code for that same facility, had the facility been
licensed under a different Act and been participating in the
Demonstration Program pursuant to Department rules. Any
adjustment in the support component or the capital component
for facilities licensed by the Department of Public Health
under the Nursing Home Care Act shall apply equally to
facilities licensed by the Department of Public Health under
this the Specialized Mental Health Rehabilitation Facilities
Act. Any change in rate methodology shall be made in statute.
(Source: P.A. 97-38, eff. 6-28-11; revised 8-3-12.)
Section 325. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.50 and 3.190 as follows:
(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 is a member of the Illinois National Guard
or an Illinois State Trooper or who exclusively serves as a
volunteer for units of local government with a population base
of less than 5,000 or as a volunteer for a not-for-profit
organization that serves a service area with a population base
of less than 5,000 may submit an application to the Department
for a waiver of the these fees described under paragraph (7) 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; 97-333, eff. 8-12-11; 97-509, eff.
8-23-11; 97-813, eff. 7-13-12; 97-1014, eff. 1-1-13; revised
10-17-12.)
(210 ILCS 50/3.190)
Sec. 3.190. Emergency Department Classifications. The
Department shall have the authority and responsibility to:
(a) Establish criteria for classifying the emergency
departments of all hospitals within the State as
Comprehensive, Basic, or Standby. In establishing such
criteria, the Department may consult with the Illinois
Hospital Licensing Board and incorporate by reference all
or part of existing standards adopted as rules pursuant to
the Hospital Licensing Act or Emergency Medical Treatment
Act;
(b) Classify the emergency departments of all

hospitals within the State in accordance with this Section;
(c) Annually publish, and distribute to all EMS
Systems, a list reflecting the classification of all
emergency departments.
(d) For the purposes of paragraphs (a) and (b) of this
Section, long-term acute care hospitals, as defined under the
Hospital Emergency Service Act, are not required to provide
hospital emergency services and shall be classified as not
available.
(Source: P.A. 97-667, eff. 1-13-12; revised 8-3-12.)
Section 330. The Hospital Licensing Act is amended by
changing Section 6.14a as follows:
(210 ILCS 85/6.14a)
Sec. 6.14a. Public disclosure of information. The
following information is subject to disclosure to the public
from the Department:
(1) Information submitted under Section 5 of this Act;
(2) Final records of license and certification
inspections, surveys, and evaluations of hospitals; and
(3) Investigated complaints filed against a hospital
and complaint investigation reports, except that a
complaint or complaint investigation report shall not be
disclosed to a person other than the complainant or
complainant's representative before it is disclosed to a

hospital, and except that a complainant or patient's name
shall not be disclosed.
The Department shall disclose information under this
Section in accordance with provisions for inspection and
copying of public records required by the Freedom of
Information Act.
However, the disclosure of information described in
subsection (1) shall not be restricted by any provision of the
Freedom of Information Act.
Notwithstanding any other provision of law, under no
circumstances shall the Department disclose information
obtained from a hospital that is confidential under Part 21 of
Article VIII 8 of the Code of Civil Procedure.
Any records or reports of inspections, surveys, or
evaluations of hospitals may be disclosed only after the
acceptance of a plan of correction by the Health Care Financing
Administration of the U.S. Department of Health and Human
Services or the Department, as appropriate, or at the
conclusion of any administrative review of the Department's
decision, or at the conclusion of any judicial review of such
administrative decision. Whenever any record or report is
subject to disclosure under this Section, the Department shall
permit the hospital to provide a written statement pertaining
to such report which shall be included as part of the
information to be disclosed. The Department shall not divulge
or disclose any record or report in a manner that identifies or

would permit the identification of any natural person.
(Source: P.A. 91-242, eff. 1-1-00; revised 10-17-12.)
Section 335. The Hospital Report Card Act is amended by
changing Section 25 as follows:
(210 ILCS 86/25)
Sec. 25. Hospital reports.
(a) Individual hospitals shall prepare a quarterly report
including all of the following:
(1) Nursing hours per patient day, average daily
census, and average daily hours worked for each clinical
service area.
(2) Infection-related measures for the facility for
the specific clinical procedures and devices determined by
the Department by rule under 2 or more of the following
categories:
(A) Surgical procedure outcome measures.
(B) Surgical procedure infection control process
measures.
(C) Outcome or process measures related to
ventilator-associated pneumonia.
(D) Central vascular catheter-related bloodstream
infection rates in designated critical care units.
(3) Information required under paragraph (4) of
Section 2310-312 of the Department of Public Health Powers

and Duties Law of the Civil Administrative Code of
Illinois.
The infection-related measures developed by the Department
shall be based upon measures and methods developed by the
Centers for Disease Control and Prevention, the Centers for
Medicare and Medicaid Services, the Agency for Healthcare
Research and Quality, the Joint Commission on Accreditation of
Healthcare Organizations, or the National Quality Forum.
The Department shall include interpretive guidelines for
infection-related indicators and, when available, shall
include relevant benchmark information published by national
organizations.
(b) Individual hospitals shall prepare annual reports
including vacancy and turnover rates for licensed nurses per
clinical service area.
(c) None of the information the Department discloses to the
public may be made available in any form or fashion unless the
information has been reviewed, adjusted, and validated
according to the following process:
(1) The Department shall organize an advisory
committee, including representatives from the Department,
public and private hospitals, direct care nursing staff,
physicians, academic researchers, consumers, health
insurance companies, organized labor, and organizations
representing hospitals and physicians. The advisory
committee must be meaningfully involved in the development

of all aspects of the Department's methodology for
collecting, analyzing, and disclosing the information
collected under this Act, including collection methods,
formatting, and methods and means for release and
dissemination.
(2) The entire methodology for collecting and
analyzing the data shall be disclosed to all relevant
organizations and to all hospitals that are the subject of
any information to be made available to the public before
any public disclosure of such information.
(3) Data collection and analytical methodologies shall
be used that meet accepted standards of validity and
reliability before any information is made available to the
public.
(4) The limitations of the data sources and analytic
methodologies used to develop comparative hospital
information shall be clearly identified and acknowledged,
including but not limited to the appropriate and
inappropriate uses of the data.
(5) To the greatest extent possible, comparative
hospital information initiatives shall use standard-based
norms derived from widely accepted provider-developed
practice guidelines.
(6) Comparative hospital information and other
information that the Department has compiled regarding
hospitals shall be shared with the hospitals under review

prior to public dissemination of such information and these
hospitals have 30 days to make corrections and to add
helpful explanatory comments about the information before
the publication.
(7) Comparisons among hospitals shall adjust for
patient case mix and other relevant risk factors and
control for provider peer groups, when appropriate.
(8) Effective safeguards to protect against the
unauthorized use or disclosure of hospital information
shall be developed and implemented.
(9) Effective safeguards to protect against the
dissemination of inconsistent, incomplete, invalid,
inaccurate, or subjective hospital data shall be developed
and implemented.
(10) The quality and accuracy of hospital information
reported under this Act and its data collection, analysis,
and dissemination methodologies shall be evaluated
regularly.
(11) Only the most basic identifying information from
mandatory reports shall be used, and information
identifying a patient, employee, or licensed professional
shall not be released. None of the information the
Department discloses to the public under this Act may be
used to establish a standard of care in a private civil
action.
(d) Quarterly reports shall be submitted, in a format set

forth in rules adopted by the Department, to the Department by
April 30, July 31, October 31, and January 31 each year for the
previous quarter. Data in quarterly reports must cover a period
ending not earlier than one month prior to submission of the
report. Annual reports shall be submitted by December 31 in a
format set forth in rules adopted by the Department to the
Department. All reports shall be made available to the public
on-site and through the Department.
(e) If the hospital is a division or subsidiary of another
entity that owns or operates other hospitals or related
organizations, the annual public disclosure report shall be for
the specific division or subsidiary and not for the other
entity.
(f) The Department shall disclose information under this
Section in accordance with provisions for inspection and
copying of public records required by the Freedom of
Information Act provided that such information satisfies the
provisions of subsection (c) of this Section.
(g) Notwithstanding any other provision of law, under no
circumstances shall the Department disclose information
obtained from a hospital that is confidential under Part 21 of
Article VIII 8 of the Code of Civil Procedure.
(h) No hospital report or Department disclosure may contain
information identifying a patient, employee, or licensed
professional.
(Source: P.A. 94-275, eff. 7-19-05; 95-282, eff. 8-20-07;

revised 10-17-12.)
Section 340. The Community-Integrated Living Arrangements
Licensure and Certification Act is amended by changing Section
10 as follows:
(210 ILCS 135/10) (from Ch. 91 1/2, par. 1710)
Sec. 10. State plan.
(a) Community-integrated Community integrated living
arrangements shall be located so as to enable residents to
participate in and be integrated into their community or
neighborhood. The location of such arrangements shall promote
community integration of persons with mental disabilities. The
Department shall adopt a plan ("State plan") for the
distribution of community living arrangements throughout the
State, considering the need for such arrangements in the
various locations in which they are to be used. Each agency
licensed under this Act must define the process of obtaining
community acceptance of community living arrangements. The
State plan shall include guidelines regarding the location of
community-integrated community integrated living arrangements
within the geographic areas to be served by the agencies, and
the availability of support services within those areas for
residents under such arrangements. The Department shall
promulgate such guidelines as rules pursuant to the The
Illinois Administrative Procedure Act.

The Department shall require any agency licensed under this
Act to establish procedures for assuring compliance with such
criteria, including annual review and comment by
representatives of local governmental authorities, community
mental health and developmental disabilities planning and
service agencies, and other interested civil organizations,
regarding the impact on their community areas of any living
arrangements, programs or services to be certified by such
agency. The Department shall give consideration to the comments
of such community representatives in determinations of
compliance with the State plan under this Section, and the
Department may modify, suspend or withhold funding of such
programs and services subject to this Act until such times as
assurance is achieved.
(b) Beginning January 1, 1990, no Department of State
government, as defined in the The Civil Administrative Code of
Illinois, shall place any person in or utilize any services of
a community-integrated living arrangement which is not
certified by an agency under this Act.
(Source: P.A. 86-922; revised 10-17-12.)
Section 345. The Illinois Insurance Code is amended by
changing Sections 408, 511.111, and 513a5 as follows:
(215 ILCS 5/408) (from Ch. 73, par. 1020)
Sec. 408. Fees and charges.

(1) The Director shall charge, collect and give proper
acquittances for the payment of the following fees and charges:
(a) For filing all documents submitted for the
incorporation or organization or certification of a
domestic company, except for a fraternal benefit society,
$2,000.
(b) For filing all documents submitted for the
incorporation or organization of a fraternal benefit
society, $500.
(c) For filing amendments to articles of incorporation
and amendments to declaration of organization, except for a
fraternal benefit society, a mutual benefit association, a
burial society or a farm mutual, $200.
(d) For filing amendments to articles of incorporation
of a fraternal benefit society, a mutual benefit
association or a burial society, $100.
(e) For filing amendments to articles of incorporation
of a farm mutual, $50.
(f) For filing bylaws or amendments thereto, $50.
(g) For filing agreement of merger or consolidation:
(i) for a domestic company, except for a fraternal
benefit society, a mutual benefit association, a
burial society, or a farm mutual, $2,000.
(ii) for a foreign or alien company, except for a
fraternal benefit society, $600.
(iii) for a fraternal benefit society, a mutual

benefit association, a burial society, or a farm
mutual, $200.
(h) For filing agreements of reinsurance by a domestic
company, $200.
(i) For filing all documents submitted by a foreign or
alien company to be admitted to transact business or
accredited as a reinsurer in this State, except for a
fraternal benefit society, $5,000.
(j) For filing all documents submitted by a foreign or
alien fraternal benefit society to be admitted to transact
business in this State, $500.
(k) For filing declaration of withdrawal of a foreign
or alien company, $50.
(l) For filing annual statement by a domestic company,
except a fraternal benefit society, a mutual benefit
association, a burial society, or a farm mutual, $200.
(m) For filing annual statement by a domestic fraternal
benefit society, $100.
(n) For filing annual statement by a farm mutual, a
mutual benefit association, or a burial society, $50.
(o) For issuing a certificate of authority or renewal
thereof except to a foreign fraternal benefit society,
$400.
(p) For issuing a certificate of authority or renewal
thereof to a foreign fraternal benefit society, $200.
(q) For issuing an amended certificate of authority,

$50.
(r) For each certified copy of certificate of
authority, $20.
(s) For each certificate of deposit, or valuation, or
compliance or surety certificate, $20.
(t) For copies of papers or records per page, $1.
(u) For each certification to copies of papers or
records, $10.
(v) For multiple copies of documents or certificates
listed in subparagraphs (r), (s), and (u) of paragraph (1)
of this Section, $10 for the first copy of a certificate of
any type and $5 for each additional copy of the same
certificate requested at the same time, unless, pursuant to
paragraph (2) of this Section, the Director finds these
additional fees excessive.
(w) For issuing a permit to sell shares or increase
paid-up capital:
(i) in connection with a public stock offering,
$300;
(ii) in any other case, $100.
(x) For issuing any other certificate required or
permissible under the law, $50.
(y) For filing a plan of exchange of the stock of a
domestic stock insurance company, a plan of
demutualization of a domestic mutual company, or a plan of
reorganization under Article XII, $2,000.

(z) For filing a statement of acquisition of a domestic
company as defined in Section 131.4 of this Code, $2,000.
(aa) For filing an agreement to purchase the business
of an organization authorized under the Dental Service Plan
Act or the Voluntary Health Services Plans Act or of a
health maintenance organization or a limited health
service organization, $2,000.
(bb) For filing a statement of acquisition of a foreign
or alien insurance company as defined in Section 131.12a of
this Code, $1,000.
(cc) For filing a registration statement as required in
Sections 131.13 and 131.14, the notification as required by
Sections 131.16, 131.20a, or 141.4, or an agreement or
transaction required by Sections 124.2(2), 141, 141a, or
141.1, $200.
(dd) For filing an application for licensing of:
(i) a religious or charitable risk pooling trust or
a workers' compensation pool, $1,000;
(ii) a workers' compensation service company,
$500;
(iii) a self-insured automobile fleet, $200; or
(iv) a renewal of or amendment of any license
issued pursuant to (i), (ii), or (iii) above, $100.
(ee) For filing articles of incorporation for a
syndicate to engage in the business of insurance through
the Illinois Insurance Exchange, $2,000.

(ff) For filing amended articles of incorporation for a
syndicate engaged in the business of insurance through the
Illinois Insurance Exchange, $100.
(gg) For filing articles of incorporation for a limited
syndicate to join with other subscribers or limited
syndicates to do business through the Illinois Insurance
Exchange, $1,000.
(hh) For filing amended articles of incorporation for a
limited syndicate to do business through the Illinois
Insurance Exchange, $100.
(ii) For a permit to solicit subscriptions to a
syndicate or limited syndicate, $100.
(jj) For the filing of each form as required in Section
143 of this Code, $50 per form. The fee for advisory and
rating organizations shall be $200 per form.
(i) For the purposes of the form filing fee,
filings made on insert page basis will be considered
one form at the time of its original submission.
Changes made to a form subsequent to its approval shall
be considered a new filing.
(ii) Only one fee shall be charged for a form,
regardless of the number of other forms or policies
with which it will be used.
(iii) Fees charged for a policy filed as it will be
issued regardless of the number of forms comprising
that policy shall not exceed $1,500. For advisory or

rating organizations, fees charged for a policy filed
as it will be issued regardless of the number of forms
comprising that policy shall not exceed $2,500.
(iv) The Director may by rule exempt forms from
such fees.
(kk) For filing an application for licensing of a
reinsurance intermediary, $500.
(ll) For filing an application for renewal of a license
of a reinsurance intermediary, $200.
(2) When printed copies or numerous copies of the same
paper or records are furnished or certified, the Director may
reduce such fees for copies if he finds them excessive. He may,
when he considers it in the public interest, furnish without
charge to state insurance departments and persons other than
companies, copies or certified copies of reports of
examinations and of other papers and records.
(3) The expenses incurred in any performance examination
authorized by law shall be paid by the company or person being
examined. The charge shall be reasonably related to the cost of
the examination including but not limited to compensation of
examiners, electronic data processing costs, supervision and
preparation of an examination report and lodging and travel
expenses. All lodging and travel expenses shall be in accord
with the applicable travel regulations as published by the
Department of Central Management Services and approved by the
Governor's Travel Control Board, except that out-of-state

lodging and travel expenses related to examinations authorized
under Section 132 shall be in accordance with travel rates
prescribed under paragraph 301-7.2 of the Federal Travel
Regulations, 41 C.F.R. 301-7.2, for reimbursement of
subsistence expenses incurred during official travel. All
lodging and travel expenses may be reimbursed directly upon
authorization of the Director. With the exception of the direct
reimbursements authorized by the Director, all performance
examination charges collected by the Department shall be paid
to the Insurance Producer Producers Administration Fund,
however, the electronic data processing costs incurred by the
Department in the performance of any examination shall be
billed directly to the company being examined for payment to
the Statistical Services Revolving Fund.
(4) At the time of any service of process on the Director
as attorney for such service, the Director shall charge and
collect the sum of $20, which may be recovered as taxable costs
by the party to the suit or action causing such service to be
made if he prevails in such suit or action.
(5) (a) The costs incurred by the Department of Insurance
in conducting any hearing authorized by law shall be assessed
against the parties to the hearing in such proportion as the
Director of Insurance may determine upon consideration of all
relevant circumstances including: (1) the nature of the
hearing; (2) whether the hearing was instigated by, or for the
benefit of a particular party or parties; (3) whether there is

a successful party on the merits of the proceeding; and (4) the
relative levels of participation by the parties.
(b) For purposes of this subsection (5) costs incurred
shall mean the hearing officer fees, court reporter fees, and
travel expenses of Department of Insurance officers and
employees; provided however, that costs incurred shall not
include hearing officer fees or court reporter fees unless the
Department has retained the services of independent
contractors or outside experts to perform such functions.
(c) The Director shall make the assessment of costs
incurred as part of the final order or decision arising out of
the proceeding; provided, however, that such order or decision
shall include findings and conclusions in support of the
assessment of costs. This subsection (5) shall not be construed
as permitting the payment of travel expenses unless calculated
in accordance with the applicable travel regulations of the
Department of Central Management Services, as approved by the
Governor's Travel Control Board. The Director as part of such
order or decision shall require all assessments for hearing
officer fees and court reporter fees, if any, to be paid
directly to the hearing officer or court reporter by the
party(s) assessed for such costs. The assessments for travel
expenses of Department officers and employees shall be
reimbursable to the Director of Insurance for deposit to the
fund out of which those expenses had been paid.
(d) The provisions of this subsection (5) shall apply in

the case of any hearing conducted by the Director of Insurance
not otherwise specifically provided for by law.
(6) The Director shall charge and collect an annual
financial regulation fee from every domestic company for
examination and analysis of its financial condition and to fund
the internal costs and expenses of the Interstate Insurance
Receivership Commission as may be allocated to the State of
Illinois and companies doing an insurance business in this
State pursuant to Article X of the Interstate Insurance
Receivership Compact. The fee shall be the greater fixed amount
based upon the combination of nationwide direct premium income
and nationwide reinsurance assumed premium income or upon
admitted assets calculated under this subsection as follows:
(a) Combination of nationwide direct premium income
and nationwide reinsurance assumed premium.
(i) $150, if the premium is less than $500,000 and
there is no reinsurance assumed premium;
(ii) $750, if the premium is $500,000 or more, but
less than $5,000,000 and there is no reinsurance
assumed premium; or if the premium is less than
$5,000,000 and the reinsurance assumed premium is less
than $10,000,000;
(iii) $3,750, if the premium is less than
$5,000,000 and the reinsurance assumed premium is
$10,000,000 or more;
(iv) $7,500, if the premium is $5,000,000 or more,

but less than $10,000,000;
(v) $18,000, if the premium is $10,000,000 or more,
but less than $25,000,000;
(vi) $22,500, if the premium is $25,000,000 or
more, but less than $50,000,000;
(vii) $30,000, if the premium is $50,000,000 or
more, but less than $100,000,000;
(viii) $37,500, if the premium is $100,000,000 or
more.
(b) Admitted assets.
(i) $150, if admitted assets are less than
$1,000,000;
(ii) $750, if admitted assets are $1,000,000 or
more, but less than $5,000,000;
(iii) $3,750, if admitted assets are $5,000,000 or
more, but less than $25,000,000;
(iv) $7,500, if admitted assets are $25,000,000 or
more, but less than $50,000,000;
(v) $18,000, if admitted assets are $50,000,000 or
more, but less than $100,000,000;
(vi) $22,500, if admitted assets are $100,000,000
or more, but less than $500,000,000;
(vii) $30,000, if admitted assets are $500,000,000
or more, but less than $1,000,000,000;
(viii) $37,500, if admitted assets are
$1,000,000,000 or more.

(c) The sum of financial regulation fees charged to the
domestic companies of the same affiliated group shall not
exceed $250,000 in the aggregate in any single year and
shall be billed by the Director to the member company
designated by the group.
(7) The Director shall charge and collect an annual
financial regulation fee from every foreign or alien company,
except fraternal benefit societies, for the examination and
analysis of its financial condition and to fund the internal
costs and expenses of the Interstate Insurance Receivership
Commission as may be allocated to the State of Illinois and
companies doing an insurance business in this State pursuant to
Article X of the Interstate Insurance Receivership Compact. The
fee shall be a fixed amount based upon Illinois direct premium
income and nationwide reinsurance assumed premium income in
accordance with the following schedule:
(a) $150, if the premium is less than $500,000 and
there is no reinsurance assumed premium;
(b) $750, if the premium is $500,000 or more, but less
than $5,000,000 and there is no reinsurance assumed
premium; or if the premium is less than $5,000,000 and the
reinsurance assumed premium is less than $10,000,000;
(c) $3,750, if the premium is less than $5,000,000 and
the reinsurance assumed premium is $10,000,000 or more;
(d) $7,500, if the premium is $5,000,000 or more, but
less than $10,000,000;

(e) $18,000, if the premium is $10,000,000 or more, but
less than $25,000,000;
(f) $22,500, if the premium is $25,000,000 or more, but
less than $50,000,000;
(g) $30,000, if the premium is $50,000,000 or more, but
less than $100,000,000;
(h) $37,500, if the premium is $100,000,000 or more.
The sum of financial regulation fees under this subsection
(7) charged to the foreign or alien companies within the same
affiliated group shall not exceed $250,000 in the aggregate in
any single year and shall be billed by the Director to the
member company designated by the group.
(8) Beginning January 1, 1992, the financial regulation
fees imposed under subsections (6) and (7) of this Section
shall be paid by each company or domestic affiliated group
annually. After January 1, 1994, the fee shall be billed by
Department invoice based upon the company's premium income or
admitted assets as shown in its annual statement for the
preceding calendar year. The invoice is due upon receipt and
must be paid no later than June 30 of each calendar year. All
financial regulation fees collected by the Department shall be
paid to the Insurance Financial Regulation Fund. The Department
may not collect financial examiner per diem charges from
companies subject to subsections (6) and (7) of this Section
undergoing financial examination after June 30, 1992.
(9) In addition to the financial regulation fee required by

this Section, a company undergoing any financial examination
authorized by law shall pay the following costs and expenses
incurred by the Department: electronic data processing costs,
the expenses authorized under Section 131.21 and subsection (d)
of Section 132.4 of this Code, and lodging and travel expenses.
Electronic data processing costs incurred by the
Department in the performance of any examination shall be
billed directly to the company undergoing examination for
payment to the Statistical Services Revolving Fund. Except for
direct reimbursements authorized by the Director or direct
payments made under Section 131.21 or subsection (d) of Section
132.4 of this Code, all financial regulation fees and all
financial examination charges collected by the Department
shall be paid to the Insurance Financial Regulation Fund.
All lodging and travel expenses shall be in accordance with
applicable travel regulations published by the Department of
Central Management Services and approved by the Governor's
Travel Control Board, except that out-of-state lodging and
travel expenses related to examinations authorized under
Sections 132.1 through 132.7 shall be in accordance with travel
rates prescribed under paragraph 301-7.2 of the Federal Travel
Regulations, 41 C.F.R. 301-7.2, for reimbursement of
subsistence expenses incurred during official travel. All
lodging and travel expenses may be reimbursed directly upon the
authorization of the Director.
In the case of an organization or person not subject to the

financial regulation fee, the expenses incurred in any
financial examination authorized by law shall be paid by the
organization or person being examined. The charge shall be
reasonably related to the cost of the examination including,
but not limited to, compensation of examiners and other costs
described in this subsection.
(10) Any company, person, or entity failing to make any
payment of $150 or more as required under this Section shall be
subject to the penalty and interest provisions provided for in
subsections (4) and (7) of Section 412.
(11) Unless otherwise specified, all of the fees collected
under this Section shall be paid into the Insurance Financial
Regulation Fund.
(12) For purposes of this Section:
(a) "Domestic company" means a company as defined in
Section 2 of this Code which is incorporated or organized
under the laws of this State, and in addition includes a
not-for-profit corporation authorized under the Dental
Service Plan Act or the Voluntary Health Services Plans
Act, a health maintenance organization, and a limited
health service organization.
(b) "Foreign company" means a company as defined in
Section 2 of this Code which is incorporated or organized
under the laws of any state of the United States other than
this State and in addition includes a health maintenance
organization and a limited health service organization

which is incorporated or organized under the laws of any
state of the United States other than this State.
(c) "Alien company" means a company as defined in
Section 2 of this Code which is incorporated or organized
under the laws of any country other than the United States.
(d) "Fraternal benefit society" means a corporation,
society, order, lodge or voluntary association as defined
in Section 282.1 of this Code.
(e) "Mutual benefit association" means a company,
association or corporation authorized by the Director to do
business in this State under the provisions of Article
XVIII of this Code.
(f) "Burial society" means a person, firm,
corporation, society or association of individuals
authorized by the Director to do business in this State
under the provisions of Article XIX of this Code.
(g) "Farm mutual" means a district, county and township
mutual insurance company authorized by the Director to do
business in this State under the provisions of the Farm
Mutual Insurance Company Act of 1986.
(Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11;
97-813, eff. 7-13-12; revised 10-18-12.)
(215 ILCS 5/511.111) (from Ch. 73, par. 1065.58-111)
(Section scheduled to be repealed on January 1, 2017)
Sec. 511.111. Insurance Producer Administration Fund. All

fees and fines paid to and collected by the Director under this
Article shall be paid promptly after receipt thereof, together
with a detailed statement of such fees, into a special fund in
the State Treasury to be known as the Insurance Producer
Administration Fund. The monies deposited into the Insurance
Producer Administration Fund shall be used only for payment of
the expenses of the Department and shall be appropriated as
otherwise provided by law for the payment of such expenses.
Moneys in the Insurance Producer Producers Administration 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.
(Source: P.A. 94-91, eff. 7-1-05; revised 10-18-12.)
(215 ILCS 5/513a5) (from Ch. 73, par. 1065.60a5)
Sec. 513a5. Insurance Producer Administration Fund. All
fees and penalties paid to and collected by the Director under
this Article shall be paid promptly after receipt, together
with a detailed statement of the fees, into the Insurance
Producer Producers Administration Fund.
(Source: P.A. 87-811; revised 10-18-12.)
Section 350. The Title Insurance Act is amended by changing
Section 14.1 as follows:

(215 ILCS 155/14.1)
Sec. 14.1. Financial Institution Institutions Fund. All
moneys received by the Department of Financial and Professional
Regulation under this Act shall be deposited in the Financial
Institution Institutions Fund created under Section 6z-26 of
the State Finance Act.
(Source: P.A. 94-893, eff. 6-20-06; revised 10-18-12.)
Section 355. The Public Utilities Act is amended by
changing Section 9-220 as follows:
(220 ILCS 5/9-220) (from Ch. 111 2/3, par. 9-220)
Sec. 9-220. Rate changes based on changes in fuel costs.
(a) Notwithstanding the provisions of Section 9-201, the
Commission may authorize the increase or decrease of rates and
charges based upon changes in the cost of fuel used in the
generation or production of electric power, changes in the cost
of purchased power, or changes in the cost of purchased gas
through the application of fuel adjustment clauses or purchased
gas adjustment clauses. The Commission may also authorize the
increase or decrease of rates and charges based upon
expenditures or revenues resulting from the purchase or sale of
emission allowances created under the federal Clean Air Act
Amendments of 1990, through such fuel adjustment clauses, as a
cost of fuel. For the purposes of this paragraph, cost of fuel
used in the generation or production of electric power shall

include the amount of any fees paid by the utility for the
implementation and operation of a process for the
desulfurization of the flue gas when burning high sulfur coal
at any location within the State of Illinois irrespective of
the attainment status designation of such location; but shall
not include transportation costs of coal (i) except to the
extent that for contracts entered into on and after the
effective date of this amendatory Act of 1997, the cost of the
coal, including transportation costs, constitutes the lowest
cost for adequate and reliable fuel supply reasonably available
to the public utility in comparison to the cost, including
transportation costs, of other adequate and reliable sources of
fuel supply reasonably available to the public utility, or (ii)
except as otherwise provided in the next 3 sentences of this
paragraph. Such costs of fuel shall, when requested by a
utility or at the conclusion of the utility's next general
electric rate proceeding, whichever shall first occur, include
transportation costs of coal purchased under existing coal
purchase contracts. For purposes of this paragraph "existing
coal purchase contracts" means contracts for the purchase of
coal in effect on the effective date of this amendatory Act of
1991, as such contracts may thereafter be amended, but only to
the extent that any such amendment does not increase the
aggregate quantity of coal to be purchased under such contract.
Nothing herein shall authorize an electric utility to recover
through its fuel adjustment clause any amounts of

transportation costs of coal that were included in the revenue
requirement used to set base rates in its most recent general
rate proceeding. Cost shall be based upon uniformly applied
accounting principles. Annually, the Commission shall initiate
public hearings to determine whether the clauses reflect actual
costs of fuel, gas, power, or coal transportation purchased to
determine whether such purchases were prudent, and to reconcile
any amounts collected with the actual costs of fuel, power,
gas, or coal transportation prudently purchased. In each such
proceeding, the burden of proof shall be upon the utility to
establish the prudence of its cost of fuel, power, gas, or coal
transportation purchases and costs. The Commission shall issue
its final order in each such annual proceeding for an electric
utility by December 31 of the year immediately following the
year to which the proceeding pertains, provided, that the
Commission shall issue its final order with respect to such
annual proceeding for the years 1996 and earlier by December
31, 1998.
(b) A public utility providing electric service, other than
a public utility described in subsections (e) or (f) of this
Section, may at any time during the mandatory transition period
file with the Commission proposed tariff sheets that eliminate
the public utility's fuel adjustment clause and adjust the
public utility's base rate tariffs by the amount necessary for
the base fuel component of the base rates to recover the public
utility's average fuel and power supply costs per kilowatt-hour

for the 2 most recent years for which the Commission has issued
final orders in annual proceedings pursuant to subsection (a),
where the average fuel and power supply costs per kilowatt-hour
shall be calculated as the sum of the public utility's prudent
and allowable fuel and power supply costs as found by the
Commission in the 2 proceedings divided by the public utility's
actual jurisdictional kilowatt-hour sales for those 2 years.
Notwithstanding any contrary or inconsistent provisions in
Section 9-201 of this Act, in subsection (a) of this Section or
in any rules or regulations promulgated by the Commission
pursuant to subsection (g) of this Section, the Commission
shall review and shall by order approve, or approve as
modified, the proposed tariff sheets within 60 days after the
date of the public utility's filing. The Commission may modify
the public utility's proposed tariff sheets only to the extent
the Commission finds necessary to achieve conformance to the
requirements of this subsection (b). During the 5 years
following the date of the Commission's order, but in any event
no earlier than January 1, 2007, a public utility whose fuel
adjustment clause has been eliminated pursuant to this
subsection shall not file proposed tariff sheets seeking, or
otherwise petition the Commission for, reinstatement of a fuel
adjustment clause.
(c) Notwithstanding any contrary or inconsistent
provisions in Section 9-201 of this Act, in subsection (a) of
this Section or in any rules or regulations promulgated by the

Commission pursuant to subsection (g) of this Section, a public
utility providing electric service, other than a public utility
described in subsection (e) or (f) of this Section, may at any
time during the mandatory transition period file with the
Commission proposed tariff sheets that establish the rate per
kilowatt-hour to be applied pursuant to the public utility's
fuel adjustment clause at the average value for such rate
during the preceding 24 months, provided that such average rate
results in a credit to customers' bills, without making any
revisions to the public utility's base rate tariffs. The
proposed tariff sheets shall establish the fuel adjustment rate
for a specific time period of at least 3 years but not more
than 5 years, provided that the terms and conditions for any
reinstatement earlier than 5 years shall be set forth in the
proposed tariff sheets and subject to modification or approval
by the Commission. The Commission shall review and shall by
order approve the proposed tariff sheets if it finds that the
requirements of this subsection are met. The Commission shall
not conduct the annual hearings specified in the last 3
sentences of subsection (a) of this Section for the utility for
the period that the factor established pursuant to this
subsection is in effect.
(d) A public utility providing electric service, or a
public utility providing gas service may file with the
Commission proposed tariff sheets that eliminate the public
utility's fuel or purchased gas adjustment clause and adjust

the public utility's base rate tariffs to provide for recovery
of power supply costs or gas supply costs that would have been
recovered through such clause; provided, that the provisions of
this subsection (d) shall not be available to a public utility
described in subsections (e) or (f) of this Section to
eliminate its fuel adjustment clause. Notwithstanding any
contrary or inconsistent provisions in Section 9-201 of this
Act, in subsection (a) of this Section, or in any rules or
regulations promulgated by the Commission pursuant to
subsection (g) of this Section, the Commission shall review and
shall by order approve, or approve as modified in the
Commission's order, the proposed tariff sheets within 240 days
after the date of the public utility's filing. The Commission's
order shall approve rates and charges that the Commission,
based on information in the public utility's filing or on the
record if a hearing is held by the Commission, finds will
recover the reasonable, prudent and necessary jurisdictional
power supply costs or gas supply costs incurred or to be
incurred by the public utility during a 12 month period found
by the Commission to be appropriate for these purposes,
provided, that such period shall be either (i) a 12 month
historical period occurring during the 15 months ending on the
date of the public utility's filing, or (ii) a 12 month future
period ending no later than 15 months following the date of the
public utility's filing. The public utility shall include with
its tariff filing information showing both (1) its actual

jurisdictional power supply costs or gas supply costs for a 12
month historical period conforming to (i) above and (2) its
projected jurisdictional power supply costs or gas supply costs
for a future 12 month period conforming to (ii) above. If the
Commission's order requires modifications in the tariff sheets
filed by the public utility, the public utility shall have 7
days following the date of the order to notify the Commission
whether the public utility will implement the modified tariffs
or elect to continue its fuel or purchased gas adjustment
clause in force as though no order had been entered. The
Commission's order shall provide for any reconciliation of
power supply costs or gas supply costs, as the case may be, and
associated revenues through the date that the public utility's
fuel or purchased gas adjustment clause is eliminated. During
the 5 years following the date of the Commission's order, a
public utility whose fuel or purchased gas adjustment clause
has been eliminated pursuant to this subsection shall not file
proposed tariff sheets seeking, or otherwise petition the
Commission for, reinstatement or adoption of a fuel or
purchased gas adjustment clause. Nothing in this subsection (d)
shall be construed as limiting the Commission's authority to
eliminate a public utility's fuel adjustment clause or
purchased gas adjustment clause in accordance with any other
applicable provisions of this Act.
(e) Notwithstanding any contrary or inconsistent
provisions in Section 9-201 of this Act, in subsection (a) of

this Section, or in any rules promulgated by the Commission
pursuant to subsection (g) of this Section, a public utility
providing electric service to more than 1,000,000 customers in
this State may, within the first 6 months after the effective
date of this amendatory Act of 1997, file with the Commission
proposed tariff sheets that eliminate, effective January 1,
1997, the public utility's fuel adjustment clause without
adjusting its base rates, and such tariff sheets shall be
effective upon filing. To the extent the application of the
fuel adjustment clause had resulted in net charges to customers
after January 1, 1997, the utility shall also file a tariff
sheet that provides for a refund stated on a per kilowatt-hour
basis of such charges over a period not to exceed 6 months;
provided however, that such refund shall not include the
proportional amounts of taxes paid under the Use Tax Act,
Service Use Tax Act, Service Occupation Tax Act, and Retailers'
Occupation Tax Act on fuel used in generation. The Commission
shall issue an order within 45 days after the date of the
public utility's filing approving or approving as modified such
tariff sheet. If the fuel adjustment clause is eliminated
pursuant to this subsection, the Commission shall not conduct
the annual hearings specified in the last 3 sentences of
subsection (a) of this Section for the utility for any period
after December 31, 1996 and prior to any reinstatement of such
clause. A public utility whose fuel adjustment clause has been
eliminated pursuant to this subsection shall not file a

proposed tariff sheet seeking, or otherwise petition the
Commission for, reinstatement of the fuel adjustment clause
prior to January 1, 2007.
(f) Notwithstanding any contrary or inconsistent
provisions in Section 9-201 of this Act, in subsection (a) of
this Section, or in any rules or regulations promulgated by the
Commission pursuant to subsection (g) of this Section, a public
utility providing electric service to more than 500,000
customers but fewer than 1,000,000 customers in this State may,
within the first 6 months after the effective date of this
amendatory Act of 1997, file with the Commission proposed
tariff sheets that eliminate, effective January 1, 1997, the
public utility's fuel adjustment clause and adjust its base
rates by the amount necessary for the base fuel component of
the base rates to recover 91% of the public utility's average
fuel and power supply costs for the 2 most recent years for
which the Commission, as of January 1, 1997, has issued final
orders in annual proceedings pursuant to subsection (a), where
the average fuel and power supply costs per kilowatt-hour shall
be calculated as the sum of the public utility's prudent and
allowable fuel and power supply costs as found by the
Commission in the 2 proceedings divided by the public utility's
actual jurisdictional kilowatt-hour sales for those 2 years,
provided, that such tariff sheets shall be effective upon
filing. To the extent the application of the fuel adjustment
clause had resulted in net charges to customers after January

1, 1997, the utility shall also file a tariff sheet that
provides for a refund stated on a per kilowatt-hour basis of
such charges over a period not to exceed 6 months. Provided
however, that such refund shall not include the proportional
amounts of taxes paid under the Use Tax Act, Service Use Tax
Act, Service Occupation Tax Act, and Retailers' Occupation Tax
Act on fuel used in generation. The Commission shall issue an
order within 45 days after the date of the public utility's
filing approving or approving as modified such tariff sheet. If
the fuel adjustment clause is eliminated pursuant to this
subsection, the Commission shall not conduct the annual
hearings specified in the last 3 sentences of subsection (a) of
this Section for the utility for any period after December 31,
1996 and prior to any reinstatement of such clause. A public
utility whose fuel adjustment clause has been eliminated
pursuant to this subsection shall not file a proposed tariff
sheet seeking, or otherwise petition the Commission for,
reinstatement of the fuel adjustment clause prior to January 1,
2007.
(g) The Commission shall have authority to promulgate rules
and regulations to carry out the provisions of this Section.
(h) Any Illinois gas utility may enter into a contract on
or before September 30, 2011 for up to 10 years of supply with
any company for the purchase of substitute natural gas (SNG)
produced from coal through the gasification process if the
company has commenced construction of a clean coal SNG facility

by July 1, 2012 and commencement of construction shall mean
that material physical site work has occurred, such as site
clearing and excavation, water runoff prevention, water
retention reservoir preparation, or foundation development.
The contract shall contain the following provisions: (i) at
least 90% of feedstock to be used in the gasification process
shall be coal with a high volatile bituminous rank and greater
than 1.7 pounds of sulfur per million Btu content; (ii) at the
time the contract term commences, the price per million Btu may
not exceed $7.95 in 2008 dollars, adjusted annually based on
the change in the Annual Consumer Price Index for All Urban
Consumers for the Midwest Region as published in April by the
United States Department of Labor, Bureau of Labor Statistics
(or a suitable Consumer Price Index calculation if this
Consumer Price Index is not available) for the previous
calendar year; provided that the price per million Btu shall
not exceed $9.95 at any time during the contract; (iii) the
utility's supply contract for the purchase of SNG does not
exceed 15% of the annual system supply requirements of the
utility as of 2008; and (iv) the contract costs pursuant to
subsection (h-10) of this Section shall not include any
lobbying expenses, charitable contributions, advertising,
organizational memberships, carbon dioxide pipeline or
sequestration expenses, or marketing expenses.
Any gas utility that is providing service to more than
150,000 customers on August 2, 2011 (the effective date of

Public Act 97-239) shall either elect to enter into a contract
on or before September 30, 2011 for 10 years of SNG supply with
the owner of a clean coal SNG facility or to file biennial rate
proceedings before the Commission in the years 2012, 2014, and
2016, with such filings made after August 2, 2011 and no later
than September 30 of the years 2012, 2014, and 2016 consistent
with all requirements of 83 Ill. Adm. Code 255 and 285 as
though the gas utility were filing for an increase in its
rates, without regard to whether such filing would produce an
increase, a decrease, or no change in the gas utility's rates,
and the Commission shall review the gas utility's filing and
shall issue its order in accordance with the provisions of
Section 9-201 of this Act.
Within 7 days after August 2, 2011, the owner of the clean
coal SNG facility shall submit to the Illinois Power Agency and
each gas utility that is providing service to more than 150,000
customers on August 2, 2011 a copy of a draft contract. Within
30 days after the receipt of the draft contract, each such gas
utility shall provide the Illinois Power Agency and the owner
of the clean coal SNG facility with its comments and
recommended revisions to the draft contract. Within 7 days
after the receipt of the gas utility's comments and recommended
revisions, the owner of the facility shall submit its
responsive comments and a further revised draft of the contract
to the Illinois Power Agency. The Illinois Power Agency shall
review the draft contract and comments.

During its review of the draft contract, the Illinois Power
Agency shall:
(1) review and confirm in writing that the terms stated
in this subsection (h) are incorporated in the SNG
contract;
(2) review the SNG pricing formula included in the
contract and approve that formula if the Illinois Power
Agency determines that the formula, at the time the
contract term commences: (A) starts with a price of $6.50
per MMBtu adjusted by the adjusted final capitalized plant
cost; (B) takes into account budgeted miscellaneous net
revenue after cost allowance, including sale of SNG
produced by the clean coal SNG facility above the nameplate
capacity of the facility and other by-products produced by
the facility, as approved by the Illinois Power Agency; (C)
does not include carbon dioxide transportation or
sequestration expenses; and (D) includes all provisions
required under this subsection (h); if the Illinois Power
Agency does not approve of the SNG pricing formula, then
the Illinois Power Agency shall modify the formula to
ensure that it meets the requirements of this subsection
(h);
(3) review and approve the amount of budgeted
miscellaneous net revenue after cost allowance, including
sale of SNG produced by the clean coal SNG facility above
the nameplate capacity of the facility and other

by-products produced by the facility, to be included in the
pricing formula; the Illinois Power Agency shall approve
the amount of budgeted miscellaneous net revenue to be
included in the pricing formula if it determines the
budgeted amount to be reasonable and accurate;
(4) review and confirm in writing that using the EIA
Annual Energy Outlook-2011 Henry Hub Spot Price, the
contract terms set out in subsection (h), the
reconciliation account terms as set out in subsection
(h-15), and an estimated inflation rate of 2.5% for each
corresponding year, that there will be no cumulative
estimated increase for residential customers; and
(5) allocate the nameplate capacity of the clean coal
SNG by total therms sold to ultimate customers by each gas
utility in 2008; provided, however, no utility shall be
required to purchase more than 42% of the projected annual
output of the facility; additionally, the Illinois Power
Agency shall further adjust the allocation only as required
to take into account (A) adverse consolidation,
derivative, or lease impacts to the balance sheet or income
statement of any gas utility or (B) the physical capacity
of the gas utility to accept SNG.
If the parties to the contract do not agree on the terms
therein, then the Illinois Power Agency shall retain an
independent mediator to mediate the dispute between the
parties. If the parties are in agreement on the terms of the

contract, then the Illinois Power Agency shall approve the
contract. If after mediation the parties have failed to come to
agreement, then the Illinois Power Agency shall revise the
draft contract as necessary to confirm that the contract
contains only terms that are reasonable and equitable. The
Illinois Power Agency may, in its discretion, retain an
independent, qualified, and experienced expert to assist in its
obligations under this subsection (h). The Illinois Power
Agency shall adopt and make public policies detailing the
processes for retaining a mediator and an expert under this
subsection (h). Any mediator or expert retained under this
subsection (h) shall be retained no later than 60 days after
August 2, 2011.
The Illinois Power Agency shall complete all of its
responsibilities under this subsection (h) within 60 days after
August 2, 2011. The clean coal SNG facility shall pay a
reasonable fee as required by the Illinois Power Agency for its
services under this subsection (h) and shall pay the mediator's
and expert's reasonable fees, if any. A gas utility and its
customers shall have no obligation to reimburse the clean coal
SNG facility or the Illinois Power Agency of any such costs.
Within 30 days after commercial production of SNG has
begun, the Commission shall initiate a review to determine
whether the final capitalized plant cost of the clean coal SNG
facility reflects actual incurred costs and whether the
incurred costs were reasonable. In determining the actual

incurred costs included in the final capitalized plant cost and
the reasonableness of those costs, the Commission may in its
discretion retain independent, qualified, and experienced
experts to assist in its determination. The expert shall not
own or control any direct or indirect interest in the clean
coal SNG facility and shall have no contractual relationship
with the clean coal SNG facility. If an expert is retained by
the Commission, then the clean coal SNG facility shall pay the
expert's reasonable fees. The fees shall not be passed on to a
utility or its customers. The Commission shall adopt and make
public a policy detailing the process for retaining experts
under this subsection (h).
Within 30 days after completion of its review, the
Commission shall initiate a formal proceeding on the final
capitalized plant cost of the clean coal SNG facility at which
comments and testimony may be submitted by any interested
parties and the public. If the Commission finds that the final
capitalized plant cost includes costs that were not actually
incurred or costs that were unreasonably incurred, then the
Commission shall disallow the amount of non-incurred or
unreasonable costs from the SNG price under contracts entered
into under this subsection (h). If the Commission disallows any
costs, then the Commission shall adjust the SNG price using the
price formula in the contract approved by the Illinois Power
Agency under this subsection (h) to reflect the disallowed
costs and shall enter an order specifying the revised price. In

addition, the Commission's order shall direct the clean coal
SNG facility to issue refunds of such sums as shall represent
the difference between actual gross revenues and the gross
revenue that would have been obtained based upon the same
volume, from the price revised by the Commission. Any refund
shall include interest calculated at a rate determined by the
Commission and shall be returned according to procedures
prescribed by the Commission.
Nothing in this subsection (h) shall preclude any party
affected by a decision of the Commission under this subsection
(h) from seeking judicial review of the Commission's decision.
(h-1) Any Illinois gas utility may enter into a sourcing
agreement for up to 30 years of supply with the clean coal SNG
brownfield facility if the clean coal SNG brownfield facility
has commenced construction. Any gas utility that is providing
service to more than 150,000 customers on July 13, 2011 (the
effective date of Public Act 97-096) shall either elect to file
biennial rate proceedings before the Commission in the years
2012, 2014, and 2016 or enter into a sourcing agreement or
sourcing agreements with a clean coal SNG brownfield facility
with an initial term of 30 years for either (i) a percentage of
43,500,000,000 cubic feet per year, such that the utilities
entering into sourcing agreements with the clean coal SNG
brownfield facility purchase 100%, allocated by total therms
sold to ultimate customers by each gas utility in 2008 or (ii)
such lesser amount as may be available from the clean coal SNG

brownfield facility; provided that no utility shall be required
to purchase more than 42% of the projected annual output of the
clean coal SNG brownfield facility, with the remainder of such
utility's obligation to be divided proportionately between the
other utilities, and provided that the Illinois Power Agency
shall further adjust the allocation only as required to take
into account adverse consolidation, derivative, or lease
impacts to the balance sheet or income statement of any gas
utility.
A gas utility electing to file biennial rate proceedings
before the Commission must file a notice of its election with
the Commission within 60 days after July 13, 2011 or its right
to make the election is irrevocably waived. A gas utility
electing to file biennial rate proceedings shall make such
filings no later than August 1 of the years 2012, 2014, and
2016, consistent with all requirements of 83 Ill. Adm. Code 255
and 285 as though the gas utility were filing for an increase
in its rates, without regard to whether such filing would
produce an increase, a decrease, or no change in the gas
utility's rates, and notwithstanding any other provisions of
this Act, the Commission shall fully review the gas utility's
filing and shall issue its order in accordance with the
provisions of Section 9-201 of this Act, regardless of whether
the Commission has approved a formula rate for the gas utility.
Within 15 days after July 13, 2011, the owner of the clean
coal SNG brownfield facility shall submit to the Illinois Power

Agency and each gas utility that is providing service to more
than 150,000 customers on July 13, 2011 a copy of a draft
sourcing agreement. Within 45 days after receipt of the draft
sourcing agreement, each such gas utility shall provide the
Illinois Power Agency and the owner of a clean coal SNG
brownfield facility with its comments and recommended
revisions to the draft sourcing agreement. Within 15 days after
the receipt of the gas utility's comments and recommended
revisions, the owner of the clean coal SNG brownfield facility
shall submit its responsive comments and a further revised
draft of the sourcing agreement to the Illinois Power Agency.
The Illinois Power Agency shall review the draft sourcing
agreement and comments.
If the parties to the sourcing agreement do not agree on
the terms therein, then the Illinois Power Agency shall retain
an independent mediator to mediate the dispute between the
parties. If the parties are in agreement on the terms of the
sourcing agreement, the Illinois Power Agency shall approve the
final draft sourcing agreement. If after mediation the parties
have failed to come to agreement, then the Illinois Power
Agency shall revise the draft sourcing agreement as necessary
to confirm that the final draft sourcing agreement contains
only terms that are reasonable and equitable. The Illinois
Power Agency shall adopt and make public a policy detailing the
process for retaining a mediator under this subsection (h-1).
Any mediator retained to assist with mediating disputes between

the parties regarding the sourcing agreement shall be retained
no later than 60 days after July 13, 2011.
Upon approval of a final draft agreement, the Illinois
Power Agency shall submit the final draft agreement to the
Capital Development Board and the Commission no later than 90
days after July 13, 2011. The gas utility and the clean coal
SNG brownfield facility shall pay a reasonable fee as required
by the Illinois Power Agency for its services under this
subsection (h-1) and shall pay the mediator's reasonable fees,
if any. The Illinois Power Agency shall adopt and make public a
policy detailing the process for retaining a mediator under
this Section.
The sourcing agreement between a gas utility and the clean
coal SNG brownfield facility shall contain the following
provisions:
(1) Any and all coal used in the gasification process
must be coal that has high volatile bituminous rank and
greater than 1.7 pounds of sulfur per million Btu content.
(2) Coal and petroleum coke are feedstocks for the
gasification process, with coal comprising at least 50% of
the total feedstock over the term of the sourcing agreement
unless the facility reasonably determines that it is
necessary to use additional petroleum coke to deliver net
consumer savings, in which case the facility shall use coal
for at least 35% of the total feedstock over the term of
any sourcing agreement and with the feedstocks to be

procured in accordance with requirements of Section 1-78 of
the Illinois Power Agency Act.
(3) The sourcing agreement has an initial term that
once entered into terminates no more than 30 years after
the commencement of the commercial production of SNG at the
clean coal SNG brownfield facility.
(4) The clean coal SNG brownfield facility guarantees a
minimum of $100,000,000 in consumer savings to customers of
the utilities that have entered into sourcing agreements
with the clean coal SNG brownfield facility, calculated in
real 2010 dollars at the conclusion of the term of the
sourcing agreement by comparing the delivered SNG price to
the Chicago City-gate price on a weighted daily basis for
each day over the entire term of the sourcing agreement, to
be provided in accordance with subsection (h-2) of this
Section.
(5) Prior to the clean coal SNG brownfield facility
issuing a notice to proceed to construction, the clean coal
SNG brownfield facility shall establish a consumer
protection reserve account for the benefit of the customers
of the utilities that have entered into sourcing agreements
with the clean coal SNG brownfield facility pursuant to
this subsection (h-1), with cash principal in the amount of
$150,000,000. This cash principal shall only be
recoverable through the consumer protection reserve
account and not as a cost to be recovered in the delivered

SNG price pursuant to subsection (h-3) of this Section. The
consumer protection reserve account shall be maintained
and administered by an independent trustee that is mutually
agreed upon by the clean coal SNG brownfield facility, the
utilities, and the Commission in an interest-bearing
account in accordance with subsection (h-2) of this
Section.
"Consumer protection reserve account principal maximum
amount" shall mean the maximum amount of principal to be
maintained in the consumer protection reserve account.
During the first 2 years of operation of the facility,
there shall be no consumer protection reserve account
maximum amount. After the first 2 years of operation of the
facility, the consumer protection reserve account maximum
amount shall be $150,000,000. After 5 years of operation,
and every 5 years thereafter, the trustee shall calculate
the 5-year average balance of the consumer protection
reserve account. If the trustee determines that during the
prior 5 years the consumer protection reserve account has
had an average account balance of less than $75,000,000,
then the consumer protection reserve account principal
maximum amount shall be increased by $5,000,000. If the
trustee determines that during the prior 5 years the
consumer protection reserve account has had an average
account balance of more than $75,000,000, then the consumer
protection reserve account principal maximum amount shall

be decreased by $5,000,000.
(6) The clean coal SNG brownfield facility shall
identify and sell economically viable by-products produced
by the facility.
(7) Fifty percent of all additional net revenue,
defined as miscellaneous net revenue from products
produced by the facility and delivered during the month
after cost allowance for costs associated with additional
net revenue that are not otherwise recoverable pursuant to
subsection (h-3) of this Section, including net revenue
from sales of substitute natural gas derived from the
facility above the nameplate capacity of the facility and
other by-products produced by the facility, shall be
credited to the consumer protection reserve account
pursuant to subsection (h-2) of this Section.
(8) The delivered SNG price per million btu to be paid
monthly by the utility to the clean coal SNG brownfield
facility, which shall be based only upon the following: (A)
a capital recovery charge, operations and maintenance
costs, and sequestration costs, only to the extent approved
by the Commission pursuant to paragraphs (1), (2), and (3)
of subsection (h-3) of this Section; (B) the actual
delivered and processed fuel costs pursuant to paragraph
(4) of subsection (h-3) of this Section; (C) actual costs
of SNG transportation pursuant to paragraph (6) of
subsection (h-3) of this Section; (D) certain taxes and

fees imposed by the federal government, the State, or any
unit of local government as provided in paragraph (6) of
subsection (h-3) of this Section; and (E) the credit, if
any, from the consumer protection reserve account pursuant
to subsection (h-2) of this Section. The delivered SNG
price per million Btu shall proportionately reflect these
elements over the term of the sourcing agreement.
(9) A formula to translate the recoverable costs and
charges under subsection (h-3) of this Section into the
delivered SNG price per million btu.
(10) Title to the SNG shall pass at a mutually
agreeable point in Illinois, and may provide that, rather
than the utility taking title to the SNG, a mutually agreed
upon third-party gas marketer pursuant to a contract
approved by the Illinois Power Agency or its designee may
take title to the SNG pursuant to an agreement between the
utility, the owner of the clean coal SNG brownfield
facility, and the third-party gas marketer.
(11) A utility may exit the sourcing agreement without
penalty if the clean coal SNG brownfield facility does not
commence construction by July 1, 2015.
(12) A utility is responsible to pay only the
Commission determined unit price cost of SNG that is
purchased by the utility. Nothing in the sourcing agreement
will obligate a utility to invest capital in a clean coal
SNG brownfield facility.

(13) The quality of SNG must, at a minimum, be
equivalent to the quality required for interstate pipeline
gas before a utility is required to accept and pay for SNG
gas.
(14) Nothing in the sourcing agreement will require a
utility to construct any facilities to accept delivery of
SNG. Provided, however, if a utility is required by law or
otherwise elects to connect the clean coal SNG brownfield
facility to an interstate pipeline, then the utility shall
be entitled to recover pursuant to its tariffs all just and
reasonable costs that are prudently incurred. Any costs
incurred by the utility to receive, deliver, manage, or
otherwise accommodate purchases under the SNG sourcing
agreement will be fully recoverable through a utility's
purchased gas adjustment clause rider mechanism in
conjunction with a SNG brownfield facility rider
mechanism. The SNG brownfield facility rider mechanism (A)
shall be applicable to all customers who receive
transportation service from the utility, (B) shall be
designed to have an equal percent impact on the
transportation services rates of each class of the
utility's customers, and (C) shall accurately reflect the
net consumer savings, if any, and above-market costs, if
any, associated with the utility receiving, delivering,
managing, or otherwise accommodating purchases under the
SNG sourcing agreement.

(15) Remedies for the clean coal SNG brownfield
facility's failure to deliver a designated amount for a
designated period.
(16) The clean coal SNG brownfield facility shall make
a good faith effort to ensure that an amount equal to not
less than 15% of the value of its prime construction
contract for the facility shall be established as a goal to
be awarded to minority owned businesses, female owned
businesses, and businesses owned by a person with a
disability; provided that at least 75% of the amount of
such total goal shall be for minority owned businesses.
"Minority owned business", "female owned business", and
"business owned by a person with a disability" shall have
the meanings ascribed to them in Section 2 of the Business
Enterprise for Minorities, Females and Persons with
Disabilities Act.
(17) Prior to the clean coal SNG brownfield facility
issuing a notice to proceed to construction, the clean coal
SNG brownfield facility shall file with the Commission a
certificate from an independent engineer that the clean
coal SNG brownfield facility has (A) obtained all
applicable State and federal environmental permits
required for construction; (B) obtained approval from the
Commission of a carbon capture and sequestration plan; and
(C) obtained all necessary permits required for
construction for the transportation and sequestration of

carbon dioxide as set forth in the Commission-approved
carbon capture and sequestration plan.
(h-2) Consumer protection reserve account. The clean coal
SNG brownfield facility shall guarantee a minimum of
$100,000,000 in consumer savings to customers of the utilities
that have entered into sourcing agreements with the clean coal
SNG brownfield facility, calculated in real 2010 dollars at the
conclusion of the term of the sourcing agreement by comparing
the delivered SNG price to the Chicago City-gate price on a
weighted daily basis for each day over the entire term of the
sourcing agreement. Prior to the clean coal SNG brownfield
facility issuing a notice to proceed to construction, the clean
coal SNG brownfield facility shall establish a consumer
protection reserve account for the benefit of the retail
customers of the utilities that have entered into sourcing
agreements with the clean coal SNG brownfield facility pursuant
to subsection (h-1), with cash principal in the amount of
$150,000,000. Such cash principal shall only be recovered
through the consumer protection reserve account and not as a
cost to be recovered in the delivered SNG price pursuant to
subsection (h-3) of this Section. The consumer protection
reserve account shall be maintained and administered by an
independent trustee that is mutually agreed upon by the clean
coal SNG brownfield facility, the utilities, and the Commission
in an interest-bearing account in accordance with the
following:

(1) The clean coal SNG brownfield facility monthly
shall calculate (A) the difference between the monthly
delivered SNG price and the Chicago City-gate price, by
comparing the delivered SNG price, which shall include the
cost of transportation to the delivery point, if any, to
the Chicago City-gate price on a weighted daily basis for
each day of the prior month based upon a mutually agreed
upon published index and (B) the overage amount, if any, by
calculating the annualized incremental additional cost, if
any, of the delivered SNG in excess of 2.015% of the
average annual inflation-adjusted amounts paid by all gas
distribution customers in connection with natural gas
service during the 5 years ending May 31, 2010.
(2) During the first 2 years of operation of the
facility:
(A) to the extent there is an overage amount, the
consumer protection reserve account shall be used to
provide a credit to reduce the SNG price by an amount
equal to the overage amount; and
(B) to the extent the monthly delivered SNG price
is less than or equal to the Chicago City-gate price,
the utility shall credit the difference between the
monthly delivered SNG price and the monthly Chicago
City-gate price, if any, to the consumer protection
reserve account. Such credit issued pursuant to this
paragraph (B) shall be deemed prudent and reasonable

and not subject to a Commission prudence review;
(3) After 2 years of operation of the facility, and
monthly, on an on-going basis, thereafter:
(A) to the extent that the monthly delivered SNG
price is less than or equal to the Chicago City-gate
price, calculated using the weighted average of the
daily Chicago City-gate price on a daily basis over the
entire month, the utility shall credit the difference,
if any, to the consumer protection reserve account.
Such credit issued pursuant to this subparagraph (A)
shall be deemed prudent and reasonable and not subject
to a Commission prudence review;
(B) any amounts in the consumer protection reserve
account in excess of the consumer protection reserve
account principal maximum amount shall be distributed
as follows: (i) if retail customers have not realized
net consumer savings, calculated by comparing the
delivered SNG price to the weighted average of the
daily Chicago City-gate price on a daily basis over the
entire term of the sourcing agreement to date, then 50%
of any amounts in the consumer protection reserve
account in excess of the consumer protection reserve
account principal maximum shall be distributed to the
clean coal SNG brownfield facility, with the remaining
50% of any such additional amounts being credited to
retail customers, and (ii) if retail customers have

realized net consumer savings, then 100% of any amounts
in the consumer protection reserve account in excess of
the consumer protection reserve account principal
maximum shall be distributed to the clean coal SNG
brownfield facility; provided, however, that under no
circumstances shall the total cumulative amount
distributed to the clean coal SNG brownfield facility
under this subparagraph (B) exceed $150,000,000;
(C) to the extent there is an overage amount, after
distributing the amounts pursuant to subparagraph (B)
of this paragraph (3), if any, the consumer protection
reserve account shall be used to provide a credit to
reduce the SNG price by an amount equal to the overage
amount;
(D) if retail customers have realized net consumer
savings, calculated by comparing the delivered SNG
price to the weighted average of the daily Chicago
City-gate price on a daily basis over the entire term
of the sourcing agreement to date, then after
distributing the amounts pursuant to subparagraphs (B)
and (C) of this paragraph (3), 50% of any additional
amounts in the consumer protection reserve account in
excess of the consumer protection reserve account
principal maximum shall be distributed to the clean
coal SNG brownfield facility, with the remaining 50% of
any such additional amounts being credited to retail

customers; provided, however, that if retail customers
have not realized such net consumer savings, no such
distribution shall be made to the clean coal SNG
brownfield facility, and 100% of such additional
amounts shall be credited to the retail customers to
the extent the consumer protection reserve account
exceeds the consumer protection reserve account
principal maximum amount.
(4) Fifty percent of all additional net revenue,
defined as miscellaneous net revenue after cost allowance
for costs associated with additional net revenue that are
not otherwise recoverable pursuant to subsection (h-3) of
this Section, including net revenue from sales of
substitute natural gas derived from the facility above the
nameplate capacity of the facility and other by-products
produced by the facility, shall be credited to the consumer
protection reserve account.
(5) At the conclusion of the term of the sourcing
agreement, to the extent retail customers have not saved
the minimum of $100,000,000 in consumer savings as
guaranteed in this subsection (h-2), amounts in the
consumer protection reserve account shall be credited to
retail customers to the extent the retail customers have
saved the minimum of $100,000,000; 50% of any additional
amounts in the consumer protection reserve account shall be
distributed to the company, and the remaining 50% shall be

distributed to retail customers.
(6) If, at the conclusion of the term of the sourcing
agreement, the customers have not saved the minimum
$100,000,000 in savings as guaranteed in this subsection
(h-2) and the consumer protection reserve account has been
depleted, then the clean coal SNG brownfield facility shall
be liable for any remaining amount owed to the retail
customers to the extent that the customers are provided
with the $100,000,000 in savings as guaranteed in this
subsection (h-2). The retail customers shall have first
priority in recovering that debt above any creditors,
except the original senior secured lender to the extent
that the original senior secured lender has any senior
secured debt outstanding, including any clean coal SNG
brownfield facility parent companies or affiliates.
(7) The clean coal SNG brownfield facility, the
utilities, and the trustee shall work together to take
commercially reasonable steps to minimize the tax impact of
these transactions, while preserving the consumer
benefits.
(8) The clean coal SNG brownfield facility shall each
month, starting in the facility's first year of commercial
operation, file with the Commission, in such form as the
Commission shall require, a report as to the consumer
protection reserve account. The monthly report must
contain the following information:

(A) the extent the monthly delivered SNG price is
greater than, less than, or equal to the Chicago
City-gate price;
(B) the amount credited or debited to the consumer
protection reserve account during the month;
(C) the amounts credited to consumers and
distributed to the clean coal SNG brownfield facility
during the month;
(D) the total amount of the consumer protection
reserve account at the beginning and end of the month;
(E) the total amount of consumer savings to date;
(F) a confidential summary of the inputs used to
calculate the additional net revenue; and
(G) any other additional information the
Commission shall require.
When any report is erroneous or defective or appears to
the Commission to be erroneous or defective, the Commission
may notify the clean coal SNG brownfield facility to amend
the report within 30 days, and, before or after the
termination of the 30-day period, the Commission may
examine the trustee of the consumer protection reserve
account or the officers, agents, employees, books,
records, or accounts of the clean coal SNG brownfield
facility and correct such items in the report as upon such
examination the Commission may find defective or
erroneous. All reports shall be under oath.

All reports made to the Commission by the clean coal
SNG brownfield facility and the contents of the reports
shall be open to public inspection and shall be deemed a
public record under the Freedom of Information Act. Such
reports shall be preserved in the office of the Commission.
The Commission shall publish an annual summary of the
reports prior to February 1 of the following year. The
annual summary shall be made available to the public on the
Commission's website and shall be submitted to the General
Assembly.
Any facility that fails to file a report required under
this paragraph (8) to the Commission within the time
specified or to make specific answer to any question
propounded by the Commission within 30 days from the time
it is lawfully required to do so, or within such further
time not to exceed 90 days as may in its discretion be
allowed by the Commission, shall pay a penalty of $500 to
the Commission for each day it is in default.
Any person who willfully makes any false report to the
Commission or to any member, officer, or employee thereof,
any person who willfully in a report withholds or fails to
provide material information to which the Commission is
entitled under this paragraph (8) and which information is
either required to be filed by statute, rule, regulation,
order, or decision of the Commission or has been requested
by the Commission, and any person who willfully aids or

abets such person shall be guilty of a Class A misdemeanor.
(h-3) Recoverable costs and revenue by the clean coal SNG
brownfield facility.
(1) A capital recovery charge approved by the
Commission shall be recoverable by the clean coal SNG
brownfield facility under a sourcing agreement. The
capital recovery charge shall be comprised of capital costs
and a reasonable rate of return. "Capital costs" means
costs to be incurred in connection with the construction
and development of a facility, as defined in Section 1-10
of the Illinois Power Agency Act, and such other costs as
the Capital Development Board deems appropriate to be
recovered in the capital recovery charge.
(A) Capital costs. The Capital Development Board
shall calculate a range of capital costs that it
believes would be reasonable for the clean coal SNG
brownfield facility to recover under the sourcing
agreement. In making this determination, the Capital
Development Board shall review the facility cost
report, if any, of the clean coal SNG brownfield
facility, adjusting the results based on the change in
the Annual Consumer Price Index for All Urban Consumers
for the Midwest Region as published in April by the
United States Department of Labor, Bureau of Labor
Statistics, the final draft of the sourcing agreement,
and the rate of return approved by the Commission. In

addition, the Capital Development Board may consult as
much as it deems necessary with the clean coal SNG
brownfield facility and conduct whatever research and
investigation it deems necessary.
The Capital Development Board shall retain an
engineering expert to assist in determining both the
range of capital costs and the range of operations and
maintenance costs that it believes would be reasonable
for the clean coal SNG brownfield facility to recover
under the sourcing agreement. Provided, however, that
such expert shall: (i) not have been involved in the
clean coal SNG brownfield facility's facility cost
report, if any, (ii) not own or control any direct or
indirect interest in the initial clean coal facility,
and (iii) have no contractual relationship with the
clean coal SNG brownfield facility. In order to qualify
as an independent expert, a person or company must
have:
(i) direct previous experience conducting
front-end engineering and design studies for
large-scale energy facilities and administering
large-scale energy operations and maintenance
contracts, which may be particularized to the
specific type of financing associated with the
clean coal SNG brownfield facility;
(ii) an advanced degree in economics,

mathematics, engineering, or a related area of
study;
(iii) ten years of experience in the energy
sector, including construction and risk management
experience;
(iv) expertise in assisting companies with
obtaining financing for large-scale energy
projects, which may be particularized to the
specific type of financing associated with the
clean coal SNG brownfield facility;
(v) expertise in operations and maintenance
which may be particularized to the specific type of
operations and maintenance associated with the
clean coal SNG brownfield facility;
(vi) expertise in credit and contract
protocols;
(vii) adequate resources to perform and
fulfill the required functions and
responsibilities; and
(viii) the absence of a conflict of interest
and inappropriate bias for or against an affected
gas utility or the clean coal SNG brownfield
facility.
The clean coal SNG brownfield facility and the
Illinois Power Agency shall cooperate with the Capital
Development Board in any investigation it deems

necessary. The Capital Development Board shall make
its final determination of the range of capital costs
confidentially and shall submit that range to the
Commission in a confidential filing within 120 days
after July 13, 2011 (the effective date of Public Act
97-096). The clean coal SNG brownfield facility shall
submit to the Commission its estimate of the capital
costs to be recovered under the sourcing agreement.
Only after the clean coal SNG brownfield facility has
submitted this estimate shall the Commission publicly
announce the range of capital costs submitted by the
Capital Development Board.
In the event that the estimate submitted by the
clean coal SNG brownfield facility is within or below
the range submitted by the Capital Development Board,
the clean coal SNG brownfield facility's estimate
shall be approved by the Commission as the amount of
capital costs to be recovered under the sourcing
agreement. In the event that the estimate submitted by
the clean coal SNG brownfield facility is above the
range submitted by the Capital Development Board, the
amount of capital costs at the lowest end of the range
submitted by the Capital Development Board shall be
approved by the Commission as the amount of capital
costs to be recovered under the sourcing agreement.
Within 15 days after the Capital Development Board has

submitted its range and the clean coal SNG brownfield
facility has submitted its estimate, the Commission
shall approve the capital costs for the clean coal SNG
brownfield facility.
The Capital Development Board shall monitor the
construction of the clean coal SNG brownfield facility
for the full duration of construction to assess
potential cost overruns. The Capital Development
Board, in its discretion, may retain an expert to
facilitate such monitoring. The clean coal SNG
brownfield facility shall pay a reasonable fee as
required by the Capital Development Board for the
Capital Development Board's services under this
subsection (h-3) to be deposited into the Capital
Development Board Revolving Fund, and such fee shall
not be passed through to a utility or its customers. If
an expert is retained by the Capital Development Board
for monitoring of construction, then the clean coal SNG
brownfield facility must pay for the expert's
reasonable fees and such costs shall not be passed
through to a utility or its customers.
(B) Rate of Return. No later than 30 days after the
date on which the Illinois Power Agency submits a final
draft sourcing agreement, the Commission shall hold a
public hearing to determine the rate of return to be
recovered under the sourcing agreement. Rate of return

shall be comprised of the clean coal SNG brownfield
facility's actual cost of debt, including
mortgage-style amortization, and a reasonable return
on equity. The Commission shall post notice of the
hearing on its website no later than 10 days prior to
the date of the hearing. The Commission shall provide
the public and all interested parties, including the
gas utilities, the Attorney General, and the Illinois
Power Agency, an opportunity to be heard.
In determining the return on equity, the
Commission shall select a commercially reasonable
return on equity taking into account the return on
equity being received by developers of similar
facilities in or outside of Illinois, the need to
balance an incentive for clean-coal technology with
the need to protect ratepayers from high gas prices,
the risks being borne by the clean coal SNG brownfield
facility in the final draft sourcing agreement, and any
other information that the Commission may deem
relevant. The Commission may establish a return on
equity that varies with the amount of savings, if any,
to customers during the term of the sourcing agreement,
comparing the delivered SNG price to a daily weighted
average price of natural gas, based upon an index. The
Illinois Power Agency shall recommend a return on
equity to the Commission using the same criteria.

Within 60 days after receiving the final draft sourcing
agreement from the Illinois Power Agency, the
Commission shall approve the rate of return for the
clean coal brownfield facility. Within 30 days after
obtaining debt financing for the clean coal SNG
brownfield facility, the clean coal SNG brownfield
facility shall file a notice with the Commission
identifying the actual cost of debt.
(2) Operations and maintenance costs approved by the
Commission shall be recoverable by the clean coal SNG
brownfield facility under the sourcing agreement. The
operations and maintenance costs mean costs that have been
incurred for the administration, supervision, operation,
maintenance, preservation, and protection of the clean
coal SNG brownfield facility's physical plant.
The Capital Development Board shall calculate a range
of operations and maintenance costs that it believes would
be reasonable for the clean coal SNG brownfield facility to
recover under the sourcing agreement, incorporating an
inflation index or combination of inflation indices to most
accurately reflect the actual costs of operating the clean
coal SNG brownfield facility. In making this
determination, the Capital Development Board shall review
the facility cost report, if any, of the clean coal SNG
brownfield facility, adjusting the results for inflation
based on the change in the Annual Consumer Price Index for

All Urban Consumers for the Midwest Region as published in
April by the United States Department of Labor, Bureau of
Labor Statistics, the final draft of the sourcing
agreement, and the rate of return approved by the
Commission. In addition, the Capital Development Board may
consult as much as it deems necessary with the clean coal
SNG brownfield facility and conduct whatever research and
investigation it deems necessary. As set forth in
subparagraph (A) of paragraph (1) of this subsection (h-3),
the Capital Development Board shall retain an independent
engineering expert to assist in determining both the range
of operations and maintenance costs that it believes would
be reasonable for the clean coal SNG brownfield facility to
recover under the sourcing agreement. The clean coal SNG
brownfield facility and the Illinois Power Agency shall
cooperate with the Capital Development Board in any
investigation it deems necessary. The Capital Development
Board shall make its final determination of the range of
operations and maintenance costs confidentially and shall
submit that range to the Commission in a confidential
filing within 120 days after July 13, 2011.
The clean coal SNG brownfield facility shall submit to
the Commission its estimate of the operations and
maintenance costs to be recovered under the sourcing
agreement. Only after the clean coal SNG brownfield
facility has submitted this estimate shall the Commission

publicly announce the range of operations and maintenance
costs submitted by the Capital Development Board. In the
event that the estimate submitted by the clean coal SNG
brownfield facility is within or below the range submitted
by the Capital Development Board, the clean coal SNG
brownfield facility's estimate shall be approved by the
Commission as the amount of operations and maintenance
costs to be recovered under the sourcing agreement. In the
event that the estimate submitted by the clean coal SNG
brownfield facility is above the range submitted by the
Capital Development Board, the amount of operations and
maintenance costs at the lowest end of the range submitted
by the Capital Development Board shall be approved by the
Commission as the amount of operations and maintenance
costs to be recovered under the sourcing agreement. Within
15 days after the Capital Development Board has submitted
its range and the clean coal SNG brownfield facility has
submitted its estimate, the Commission shall approve the
operations and maintenance costs for the clean coal SNG
brownfield facility.
The clean coal SNG brownfield facility shall pay for
the independent engineering expert's reasonable fees and
such costs shall not be passed through to a utility or its
customers. The clean coal SNG brownfield facility shall pay
a reasonable fee as required by the Capital Development
Board for the Capital Development Board's services under

this subsection (h-3) to be deposited into the Capital
Development Board Revolving Fund, and such fee shall not be
passed through to a utility or its customers.
(3) Sequestration costs approved by the Commission
shall be recoverable by the clean coal SNG brownfield
facility. "Sequestration costs" means costs to be incurred
by the clean coal SNG brownfield facility in accordance
with its Commission-approved carbon capture and
sequestration plan to:
(A) capture carbon dioxide;
(B) build, operate, and maintain a sequestration
site in which carbon dioxide may be injected;
(C) build, operate, and maintain a carbon dioxide
pipeline; and
(D) transport the carbon dioxide to the
sequestration site or a pipeline.
The Commission shall assess the prudency of the
sequestration costs for the clean coal SNG brownfield
facility before construction commences at the
sequestration site or pipeline. Any revenues the clean coal
SNG brownfield facility receives as a result of the
capture, transportation, or sequestration of carbon
dioxide shall be first credited against all sequestration
costs, with the positive balance, if any, treated as
additional net revenue.
The Commission may, in its discretion, retain an expert

to assist in its review of sequestration costs. The clean
coal SNG brownfield facility shall pay for the expert's
reasonable fees if an expert is retained by the Commission,
and such costs shall not be passed through to a utility or
its customers. Once made, the Commission's determination
of the amount of recoverable sequestration costs shall not
be increased unless the clean coal SNG brownfield facility
can show by clear and convincing evidence that (i) the
costs were not reasonably foreseeable; (ii) the costs were
due to circumstances beyond the clean coal SNG brownfield
facility's control; and (iii) the clean coal SNG brownfield
facility took all reasonable steps to mitigate the costs.
If the Commission determines that sequestration costs may
be increased, the Commission shall provide for notice and a
public hearing for approval of the increased sequestration
costs.
(4) Actual delivered and processed fuel costs shall be
set by the Illinois Power Agency through a SNG feedstock
procurement, pursuant to Sections 1-20, 1-77, and 1-78 of
the Illinois Power Agency Act, to be performed at least
every 5 years and purchased by the clean coal SNG
brownfield facility pursuant to feedstock procurement
contracts developed by the Illinois Power Agency, with coal
comprising at least 50% of the total feedstock over the
term of the sourcing agreement and petroleum coke
comprising the remainder of the SNG feedstock. If the

Commission fails to approve a feedstock procurement plan or
fails to approve the results of a feedstock procurement
event, then the fuel shall be purchased by the company
month-by-month on the spot market and those actual
delivered and processed fuel costs shall be recoverable
under the sourcing agreement. If a supplier defaults under
the terms of a procurement contract, then the Illinois
Power Agency shall immediately initiate a feedstock
procurement process to obtain a replacement supply, and,
prior to the conclusion of that process, fuel shall be
purchased by the company month-by-month on the spot market
and those actual delivered and processed fuel costs shall
be recoverable under the sourcing agreement.
(5) Taxes and fees imposed by the federal government,
the State, or any unit of local government applicable to
the clean coal SNG brownfield facility, excluding income
tax, shall be recoverable by the clean coal SNG brownfield
facility under the sourcing agreement to the extent such
taxes and fees were not applicable to the facility on July
13, 2011.
(6) The actual transportation costs, in accordance
with the applicable utility's tariffs, and third-party
marketer costs incurred by the company, if any, associated
with transporting the SNG from the clean coal SNG
brownfield facility to the Chicago City-gate to sell such
SNG into the natural gas markets shall be recoverable under

the sourcing agreement.
(7) Unless otherwise provided, within 30 days after a
decision of the Commission on recoverable costs under this
Section, any interested party to the Commission's decision
may apply for a rehearing with respect to the decision. The
Commission shall receive and consider the application for
rehearing and shall grant or deny the application in whole
or in part within 20 days after the date of the receipt of
the application by the Commission. If no rehearing is
applied for within the required 30 days or an application
for rehearing is denied, then the Commission decision shall
be final. If an application for rehearing is granted, then
the Commission shall hold a rehearing within 30 days after
granting the application. The decision of the Commission
upon rehearing shall be final.
Any person affected by a decision of the Commission
under this subsection (h-3) may have the decision reviewed
only under and in accordance with the Administrative Review
Law. Unless otherwise provided, the provisions of the
Administrative Review Law, all amendments and
modifications to that Law, and the rules adopted pursuant
to that Law shall apply to and govern all proceedings for
the judicial review of final administrative decisions of
the Commission under this subsection (h-3). The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.

(8) The Capital Development Board shall adopt and make
public a policy detailing the process for retaining experts
under this Section. Any experts retained to assist with
calculating the range of capital costs or operations and
maintenance costs shall be retained no later than 45 days
after July 13, 2011.
(h-4) No later than 90 days after the Illinois Power Agency
submits the final draft sourcing agreement pursuant to
subsection (h-1), the Commission shall approve a sourcing
agreement containing (i) the capital costs, rate of return, and
operations and maintenance costs established pursuant to
subsection (h-3) and (ii) all other terms and conditions,
rights, provisions, exceptions, and limitations contained in
the final draft sourcing agreement; provided, however, the
Commission shall correct typographical and scrivener's errors
and modify the contract only as necessary to provide that the
gas utility does not have the right to terminate the sourcing
agreement due to any future events that may occur other than
the clean coal SNG brownfield facility's failure to timely meet
milestones, uncured default, extended force majeure, or
abandonment. Once the sourcing agreement is approved, then the
gas utility subject to that sourcing agreement shall have 45
days after the date of the Commission's approval to enter into
the sourcing agreement.
(h-5) Sequestration enforcement.
(A) All contracts entered into under subsection (h) of

this Section and all sourcing agreements under subsection
(h-1) of this Section, regardless of duration, shall
require the owner of any facility supplying SNG under the
contract or sourcing agreement to provide certified
documentation to the Commission each year, starting in the
facility's first year of commercial operation, accurately
reporting the quantity of carbon dioxide emissions from the
facility that have been captured and sequestered and
reporting any quantities of carbon dioxide released from
the site or sites at which carbon dioxide emissions were
sequestered in prior years, based on continuous monitoring
of those sites.
(B) If, in any year, the owner of the clean coal SNG
facility fails to demonstrate that the SNG facility
captured and sequestered at least 90% of the total carbon
dioxide emissions that the facility would otherwise emit or
that sequestration of emissions from prior years has
failed, resulting in the release of carbon dioxide into the
atmosphere, then the owner of the clean coal SNG facility
must pay a penalty of $20 per ton of excess carbon dioxide
emissions not to exceed $40,000,000, in any given year
which shall be deposited into the Energy Efficiency Trust
Fund and distributed pursuant to subsection (b) of Section
6-6 of the Renewable Energy, Energy Efficiency, and Coal
Resources Development Law of 1997. On or before the 5-year
anniversary of the execution of the contract and every 5

years thereafter, an expert hired by the owner of the
facility with the approval of the Attorney General shall
conduct an analysis to determine the cost of sequestration
of at least 90% of the total carbon dioxide emissions the
plant would otherwise emit. If the analysis shows that the
actual annual cost is greater than the penalty, then the
penalty shall be increased to equal the actual cost.
Provided, however, to the extent that the owner of the
facility described in subsection (h) of this Section can
demonstrate that the failure was as a result of acts of God
(including fire, flood, earthquake, tornado, lightning,
hurricane, or other natural disaster); any amendment,
modification, or abrogation of any applicable law or
regulation that would prevent performance; war; invasion;
act of foreign enemies; hostilities (regardless of whether
war is declared); civil war; rebellion; revolution;
insurrection; military or usurped power or confiscation;
terrorist activities; civil disturbance; riots;
nationalization; sabotage; blockage; or embargo, the owner
of the facility described in subsection (h) of this Section
shall not be subject to a penalty if and only if (i) it
promptly provides notice of its failure to the Commission;
(ii) as soon as practicable and consistent with any order
or direction from the Commission, it submits to the
Commission proposed modifications to its carbon capture
and sequestration plan; and (iii) it carries out its

proposed modifications in the manner and time directed by
the Commission.
If the Commission finds that the facility has not
satisfied each of these requirements, then the facility
shall be subject to the penalty. If the owner of the clean
coal SNG facility captured and sequestered more than 90% of
the total carbon dioxide emissions that the facility would
otherwise emit, then the owner of the facility may credit
such additional amounts to reduce the amount of any future
penalty to be paid. The penalty resulting from the failure
to capture and sequester at least the minimum amount of
carbon dioxide shall not be passed on to a utility or its
customers.
If the clean coal SNG facility fails to meet the
requirements specified in this subsection (h-5), then the
Attorney General, on behalf of the People of the State of
Illinois, shall bring an action to enforce the obligations
related to the facility set forth in this subsection (h-5),
including any penalty payments owed, but not including the
physical obligation to capture and sequester at least 90%
of the total carbon dioxide emissions that the facility
would otherwise emit. Such action may be filed in any
circuit court in Illinois. By entering into a contract
pursuant to subsection (h) of this Section, the clean coal
SNG facility agrees to waive any objections to venue or to
the jurisdiction of the court with regard to the Attorney

General's action under this subsection (h-5).
Compliance with the sequestration requirements and any
penalty requirements specified in this subsection (h-5)
for the clean coal SNG facility shall be assessed annually
by the Commission, which may in its discretion retain an
expert to facilitate its assessment. If any expert is
retained by the Commission, then the clean coal SNG
facility shall pay for the expert's reasonable fees, and
such costs shall not be passed through to the utility or
its customers.
In addition, carbon dioxide emission credits received
by the clean coal SNG facility in connection with
sequestration of carbon dioxide from the facility must be
sold in a timely fashion with any revenue, less applicable
fees and expenses and any expenses required to be paid by
facility for carbon dioxide transportation or
sequestration, deposited into the reconciliation account
within 30 days after receipt of such funds by the owner of
the clean coal SNG facility.
The clean coal SNG facility is prohibited from
transporting or sequestering carbon dioxide unless the
owner of the carbon dioxide pipeline that transfers the
carbon dioxide from the facility and the owner of the
sequestration site where the carbon dioxide captured by the
facility is stored has acquired all applicable permits
under applicable State and federal laws, statutes, rules,

or regulations prior to the transfer or sequestration of
carbon dioxide. The responsibility for compliance with the
sequestration requirements specified in this subsection
(h-5) for the clean coal SNG facility shall reside solely
with the clean coal SNG facility, regardless of whether the
facility has contracted with another party to capture,
transport, or sequester carbon dioxide.
(C) If, in any year, the owner of a clean coal SNG
brownfield facility fails to demonstrate that the clean
coal SNG brownfield facility captured and sequestered at
least 85% of the total carbon dioxide emissions that the
facility would otherwise emit, then the owner of the clean
coal SNG brownfield facility must pay a penalty of $20 per
ton of excess carbon emissions up to $20,000,000, which
shall be deposited into the Energy Efficiency Trust Fund
and distributed pursuant to subsection (b) of Section 6-6
of the Renewable Energy, Energy Efficiency, and Coal
Resources Development Law of 1997. Provided, however, to
the extent that the owner of the clean coal SNG brownfield
facility can demonstrate that the failure was as a result
of acts of God (including fire, flood, earthquake, tornado,
lightning, hurricane, or other natural disaster); any
amendment, modification, or abrogation of any applicable
law or regulation that would prevent performance; war;
invasion; act of foreign enemies; hostilities (regardless
of whether war is declared); civil war; rebellion;

revolution; insurrection; military or usurped power or
confiscation; terrorist activities; civil disturbances;
riots; nationalization; sabotage; blockage; or embargo,
the owner of the clean coal SNG brownfield facility shall
not be subject to a penalty if and only if (i) it promptly
provides notice of its failure to the Commission; (ii) as
soon as practicable and consistent with any order or
direction from the Commission, it submits to the Commission
proposed modifications to its carbon capture and
sequestration plan; and (iii) it carries out its proposed
modifications in the manner and time directed by the
Commission. If the Commission finds that the facility has
not satisfied each of these requirements, then the facility
shall be subject to the penalty. If the owner of a clean
coal SNG brownfield facility demonstrates that the clean
coal SNG brownfield facility captured and sequestered more
than 85% of the total carbon emissions that the facility
would otherwise emit, the owner of the clean coal SNG
brownfield facility may credit such additional amounts to
reduce the amount of any future penalty to be paid. The
penalty resulting from the failure to capture and sequester
at least the minimum amount of carbon dioxide shall not be
passed on to a utility or its customers.
In addition to any penalty for the clean coal SNG
brownfield facility's failure to capture and sequester at
least its minimum sequestration requirement, the Attorney

General, on behalf of the People of the State of Illinois,
shall bring an action for specific performance of this
subsection (h-5). Such action may be filed in any circuit
court in Illinois. By entering into a sourcing agreement
pursuant to subsection (h-1) of this Section, the clean
coal SNG brownfield facility agrees to waive any objections
to venue or to the jurisdiction of the court with regard to
the Attorney General's action for specific performance
under this subsection (h-5).
Compliance with the sequestration requirements and
penalty requirements specified in this subsection (h-5)
for the clean coal SNG brownfield facility shall be
assessed annually by the Commission, which may in its
discretion retain an expert to facilitate its assessment.
If an expert is retained by the Commission, then the clean
coal SNG brownfield facility shall pay for the expert's
reasonable fees, and such costs shall not be passed through
to a utility or its customers. A SNG facility operating
pursuant to this subsection (h-5) shall not forfeit its
designation as a clean coal SNG facility or a clean coal
SNG brownfield facility if the facility fails to fully
comply with the applicable carbon sequestration
sequestrian requirements in any given year, provided the
requisite offsets are purchased or requisite penalties are
paid.
Responsibility for compliance with the sequestration

requirements specified in this subsection (h-5) for the
clean coal SNG brownfield facility shall reside solely with
the clean coal SNG brownfield facility regardless of
whether the facility has contracted with another party to
capture, transport, or sequester carbon dioxide.
(h-7) Sequestration permitting, oversight, and
investigations.
(1) No clean coal facility or clean coal SNG brownfield
facility may transport or sequester carbon dioxide unless
the Commission approves the method of carbon dioxide
transportation or sequestration. Such approval shall be
required regardless of whether the facility has contracted
with another to transport or sequester the carbon dioxide.
Nothing in this subsection (h-7) shall release the owner or
operator of a carbon dioxide sequestration site or carbon
dioxide pipeline from any other permitting requirements
under applicable State and federal laws, statutes, rules,
or regulations.
(2) The Commission shall review carbon dioxide
transportation and sequestration methods proposed by a
clean coal facility or a clean coal SNG brownfield facility
and shall approve those methods it deems reasonable and
cost-effective. For purposes of this review,
"cost-effective" means a commercially reasonable price for
similar carbon dioxide transportation or sequestration
techniques. In determining whether sequestration is

reasonable and cost-effective, the Commission may consult
with the Illinois State Geological Survey and retain third
parties to assist in its determination, provided that such
third parties shall not own or control any direct or
indirect interest in the facility that is proposing the
carbon dioxide transportation or the carbon dioxide
sequestration method and shall have no contractual
relationship with that facility. If a third party is
retained by the Commission, then the facility proposing the
carbon dioxide transportation or sequestration method
shall pay for the expert's reasonable fees, and these costs
shall not be passed through to a utility or its customers.
No later than 6 months prior to the date upon which the
owner intends to commence construction of a clean coal
facility or the clean coal SNG brownfield facility, the
owner of the facility shall file with the Commission a
carbon dioxide transportation or sequestration plan. The
Commission shall hold a public hearing within 30 days after
receipt of the facility's carbon dioxide transportation or
sequestration plan. The Commission shall post notice of the
review on its website upon submission of a carbon dioxide
transportation or sequestration method and shall accept
written public comments. The Commission shall take the
comments into account when making its decision.
The Commission may not approve a carbon dioxide
sequestration method if the owner or operator of the

sequestration site has not received (i) an Underground
Injection Control permit from the United States
Environmental Protection Agency, or from the Illinois
Environmental Protection Agency pursuant to the
Environmental Protection Act; (ii) an Underground
Injection Control permit from the Illinois Department of
Natural Resources pursuant to the Illinois Oil and Gas Act;
or (iii) an Underground Injection Control permit from the
United States Environmental Protection Agency or a permit
similar to items (i) or (ii) from the state in which the
sequestration site is located if the sequestration will
take place outside of Illinois. The Commission shall
approve or deny the carbon dioxide transportation or
sequestration method within 90 days after the receipt of
all required information.
(3) At least annually, the Illinois Environmental
Protection Agency shall inspect all carbon dioxide
sequestration sites in Illinois. The Illinois
Environmental Protection Agency may, as often as deemed
necessary, monitor and conduct investigations of those
sites. The owner or operator of the sequestration site must
cooperate with the Illinois Environmental Protection
Agency investigations of carbon dioxide sequestration
sites.
If the Illinois Environmental Protection Agency
determines at any time a site creates conditions that

warrant the issuance of a seal order under Section 34 of
the Environmental Protection Act, then the Illinois
Environmental Protection Agency shall seal the site
pursuant to the Environmental Protection Act. If the
Illinois Environmental Protection Agency determines at any
time a carbon dioxide sequestration site creates
conditions that warrant the institution of a civil action
for an injunction under Section 43 of the Environmental
Protection Act, then the Illinois Environmental Protection
Agency shall request the State's Attorney or the Attorney
General institute such action. The Illinois Environmental
Protection Agency shall provide notice of any such actions
as soon as possible on its website. The SNG facility shall
incur all reasonable costs associated with any such
inspection or monitoring of the sequestration sites, and
these costs shall not be recoverable from utilities or
their customers.
(4) (Blank).
(h-9) The clean coal SNG brownfield facility shall have the
right to recover prudently incurred increased costs or reduced
revenue resulting from any new or amendatory legislation or
other action. The State of Illinois pledges that the State will
not enact any law or take any action to:
(1) break, or repeal the authority for, sourcing
agreements approved by the Commission and entered into
between public utilities and the clean coal SNG brownfield

facility;
(2) deny public utilities full cost recovery for their
costs incurred under those sourcing agreements; or
(3) deny the clean coal SNG brownfield facility full
cost and revenue recovery as provided under those sourcing
agreements that are recoverable pursuant to subsection
(h-3) of this Section.
These pledges are for the benefit of the parties to those
sourcing agreements and the issuers and holders of bonds or
other obligations issued or incurred to finance or refinance
the clean coal SNG brownfield facility. The clean coal SNG
brownfield facility is authorized to include and refer to these
pledges in any financing agreement into which it may enter in
regard to those sourcing agreements.
The State of Illinois retains and reserves all other rights
to enact new or amendatory legislation or take any other
action, without impairment of the right of the clean coal SNG
brownfield facility to recover prudently incurred increased
costs or reduced revenue resulting from the new or amendatory
legislation or other action, including, but not limited to,
such legislation or other action that would (i) directly or
indirectly raise the costs the clean coal SNG brownfield
facility must incur; (ii) directly or indirectly place
additional restrictions, regulations, or requirements on the
clean coal SNG brownfield facility; (iii) prohibit
sequestration in general or prohibit a specific sequestration

method or project; or (iv) increase minimum sequestration
requirements for the clean coal SNG brownfield facility to the
extent technically feasible. The clean coal SNG brownfield
facility shall have the right to recover prudently incurred
increased costs or reduced revenue resulting from the new or
amendatory legislation or other action as described in this
subsection (h-9).
(h-10) Contract costs for SNG incurred by an Illinois gas
utility are reasonable and prudent and recoverable through the
purchased gas adjustment clause and are not subject to review
or disallowance by the Commission. Contract costs are costs
incurred by the utility under the terms of a contract that
incorporates the terms stated in subsection (h) of this Section
as confirmed in writing by the Illinois Power Agency as set
forth in subsection (h) of this Section, which confirmation
shall be deemed conclusive, or as a consequence of or condition
to its performance under the contract, including (i) amounts
paid for SNG under the SNG contract and (ii) costs of
transportation and storage services of SNG purchased from
interstate pipelines under federally approved tariffs. The
Illinois gas utility shall initiate a clean coal SNG facility
rider mechanism that (A) shall be applicable to all customers
who receive transportation service from the utility, (B) shall
be designed to have an equal percentage impact on the
transportation services rates of each class of the utility's
total customers, and (C) shall accurately reflect the net

customer savings, if any, and above market costs, if any, under
the SNG contract. Any contract, the terms of which have been
confirmed in writing by the Illinois Power Agency as set forth
in subsection (h) of this Section and the performance of the
parties under such contract cannot be grounds for challenging
prudence or cost recovery by the utility through the purchased
gas adjustment clause, and in such cases, the Commission is
directed not to consider, and has no authority to consider, any
attempted challenges.
The contracts entered into by Illinois gas utilities
pursuant to subsection (h) of this Section shall provide that
the utility retains the right to terminate the contract without
further obligation or liability to any party if the contract
has been impaired as a result of any legislative,
administrative, judicial, or other governmental action that is
taken that eliminates all or part of the prudence protection of
this subsection (h-10) or denies the recoverability of all or
part of the contract costs through the purchased gas adjustment
clause. Should any Illinois gas utility exercise its right
under this subsection (h-10) to terminate the contract, all
contract costs incurred prior to termination are and will be
deemed reasonable, prudent, and recoverable as and when
incurred and not subject to review or disallowance by the
Commission. Any order, issued by the State requiring or
authorizing the discontinuation of the merchant function,
defined as the purchase and sale of natural gas by an Illinois

gas utility for the ultimate consumer in its service territory
shall include provisions necessary to prevent the impairment of
the value of any contract hereunder over its full term.
(h-11) All costs incurred by an Illinois gas utility in
procuring SNG from a clean coal SNG brownfield facility
pursuant to subsection (h-1) or a third-party marketer pursuant
to subsection (h-1) are reasonable and prudent and recoverable
through the purchased gas adjustment clause in conjunction with
a SNG brownfield facility rider mechanism and are not subject
to review or disallowance by the Commission; provided that if a
utility is required by law or otherwise elects to connect the
clean coal SNG brownfield facility to an interstate pipeline,
then the utility shall be entitled to recover pursuant to its
tariffs all just and reasonable costs that are prudently
incurred. Sourcing agreement costs are costs incurred by the
utility under the terms of a sourcing agreement that
incorporates the terms stated in subsection (h-1) of this
Section as approved by the Commission as set forth in
subsection (h-4) of this Section, which approval shall be
deemed conclusive, or as a consequence of or condition to its
performance under the contract, including (i) amounts paid for
SNG under the SNG contract and (ii) costs of transportation and
storage services of SNG purchased from interstate pipelines
under federally approved tariffs. Any sourcing agreement, the
terms of which have been approved by the Commission as set
forth in subsection (h-4) of this Section, and the performance

of the parties under the sourcing agreement cannot be grounds
for challenging prudence or cost recovery by the utility, and
in these cases, the Commission is directed not to consider, and
has no authority to consider, any attempted challenges.
(h-15) Reconciliation account. The clean coal SNG facility
shall establish a reconciliation account for the benefit of the
retail customers of the utilities that have entered into
contracts with the clean coal SNG facility pursuant to
subsection (h). The reconciliation account shall be maintained
and administered by an independent trustee that is mutually
agreed upon by the owners of the clean coal SNG facility, the
utilities, and the Commission in an interest-bearing account in
accordance with the following:
(1) The clean coal SNG facility shall conduct an
analysis annually within 60 days after receiving the
necessary cost information, which shall be provided by the
gas utility within 6 months after the end of the preceding
calendar year, to determine (i) the average annual contract
SNG cost, which shall be calculated as the total amount
paid for SNG purchased from the clean coal SNG facility
over the preceding 12 months, plus the cost to the utility
of the required transportation and storage services of SNG,
divided by the total number of MMBtus of SNG actually
purchased from the clean coal SNG facility in the preceding
12 months under the utility contract; (ii) the average
annual natural gas purchase cost, which shall be calculated

as the total annual supply costs paid for baseload natural
gas (excluding any SNG) purchased by such utility over the
preceding 12 months plus the costs of transportation and
storage services of such natural gas (excluding such costs
for SNG), divided by the total number of MMbtus of baseload
natural gas (excluding SNG) actually purchased by the
utility during the year; (iii) the cost differential, which
shall be the difference between the average annual contract
SNG cost and the average annual natural gas purchase cost;
and (iv) the revenue share target which shall be the cost
differential multiplied by the total amount of SNG
purchased over the preceding 12 months under such utility
contract.
(A) To the extent the annual average contract SNG
cost is less than the annual average natural gas
purchase cost, the utility shall credit an amount equal
to the revenue share target to the reconciliation
account. Such credit payment shall be made monthly
starting within 30 days after the completed analysis in
this subsection (h-15) and based on collections from
all customers via a line item charge in all customer
bills designed to have an equal percentage impact on
the transportation services of each class of
customers. Credit payments made pursuant to this
subparagraph (A) shall be deemed prudent and
reasonable and not subject to Commission prudence

review.
(B) To the extent the annual average contract SNG
cost is greater than the annual average natural gas
purchase cost, the reconciliation account shall be
used to provide a credit equal to the revenue share
target to the utilities to be used to reduce the
utility's natural gas costs through the purchased gas
adjustment clause. Such payment shall be made within 30
days after the completed analysis pursuant to this
subsection (h-15), but only to the extent that the
reconciliation account has a positive balance.
(2) At the conclusion of the term of the SNG contracts
pursuant to subsection (h) and the completion of the final
annual analysis pursuant to this subsection (h-15), to the
extent the facility owes any amount to retail customers,
amounts in the account shall be credited to retail
customers to the extent the owed amount is repaid; 50% of
any additional amount in the reconciliation account shall
be distributed to the utilities to be used to reduce the
utilities' natural gas costs through the purchase gas
adjustment clause with the remaining amount distributed to
the clean coal SNG facility. Such payment shall be made
within 30 days after the last completed analysis pursuant
to this subsection (h-15). If the facility has repaid all
owed amounts, if any, to retail customers and has
distributed 50% of any additional amount in the account to

the utilities, then the owners of the clean coal SNG
facility shall have no further obligation to the utility or
the retail customers.
If, at the conclusion of the term of the contracts
pursuant to subsection (h) and the completion of the final
annual analysis pursuant to this subsection (h-15), the
facility owes any amount to retail customers and the
account has been depleted, then the clean coal SNG facility
shall be liable for any remaining amount owed to the retail
customers. The clean coal SNG facility shall market the
daily production of SNG and distribute on a monthly basis
5% of the amounts collected with respect to such future
sales to the utilities in proportion to each utility's SNG
contract to be used to reduce the utility's natural gas
costs through the purchase gas adjustment clause; such
payments to the utility shall continue until either 15
years after the conclusion of the contract or such time as
the sum of such payments equals the remaining amount owed
to the retail customers at the end of the contract,
whichever is earlier. If the debt to the retail customers
is not repaid within 15 years after the conclusion of the
contract, then the owner of the clean coal SNG facility
must sell the facility, and all proceeds from that sale
must be used to repay any amount owed to the retail
customers under this subsection (h-15).
The retail customers shall have first priority in

recovering that debt above any creditors, except the
secured lenders to the extent that the secured lenders have
any secured debt outstanding, including any parent
companies or affiliates of the clean coal SNG facility.
(3) 50% of all additional net revenue, defined as
miscellaneous net revenue after cost allowance and above
the budgeted estimate established for revenue pursuant to
subsection (h), including sale of substitute natural gas
derived from the clean coal SNG facility above the
nameplate capacity of the facility and other by-products
produced by the facility, shall be credited to the
reconciliation account on an annual basis with such payment
made within 30 days after the end of each calendar year
during the term of the contract.
(4) The clean coal SNG facility shall each year,
starting in the facility's first year of commercial
operation, file with the Commission, in such form as the
Commission shall require, a report as to the reconciliation
account. The annual report must contain the following
information:
(A) the revenue share target amount;
(B) the amount credited or debited to the
reconciliation account during the year;
(C) the amount credited to the utilities to be used
to reduce the utilities natural gas costs though the
purchase gas adjustment clause;

(D) the total amount of reconciliation account at
the beginning and end of the year;
(E) the total amount of consumer savings to date;
and
(F) any additional information the Commission may
require.
When any report is erroneous or defective or appears to the
Commission to be erroneous or defective, the Commission may
notify the clean coal SNG facility to amend the report within
30 days; before or after the termination of the 30-day period,
the Commission may examine the trustee of the reconciliation
account or the officers, agents, employees, books, records, or
accounts of the clean coal SNG facility and correct such items
in the report as upon such examination the Commission may find
defective or erroneous. All reports shall be under oath.
All reports made to the Commission by the clean coal SNG
facility and the contents of the reports shall be open to
public inspection and shall be deemed a public record under the
Freedom of Information Act. Such reports shall be preserved in
the office of the Commission. The Commission shall publish an
annual summary of the reports prior to February 1 of the
following year. The annual summary shall be made available to
the public on the Commission's website and shall be submitted
to the General Assembly.
Any facility that fails to file the report required under
this paragraph (4) to the Commission within the time specified

or to make specific answer to any question propounded by the
Commission within 30 days after the time it is lawfully
required to do so, or within such further time not to exceed 90
days as may be allowed by the Commission in its discretion,
shall pay a penalty of $500 to the Commission for each day it
is in default.
Any person who willfully makes any false report to the
Commission or to any member, officer, or employee thereof, any
person who willfully in a report withholds or fails to provide
material information to which the Commission is entitled under
this paragraph (4) and which information is either required to
be filed by statute, rule, regulation, order, or decision of
the Commission or has been requested by the Commission, and any
person who willfully aids or abets such person shall be guilty
of a Class A misdemeanor.
(h-20) The General Assembly authorizes the Illinois
Finance Authority to issue bonds to the maximum extent
permitted to finance coal gasification facilities described in
this Section, which constitute both "industrial projects"
under Article 801 of the Illinois Finance Authority Act and
"clean coal and energy projects" under Sections 825-65 through
825-75 of the Illinois Finance Authority Act.
Administrative costs incurred by the Illinois Finance
Authority in performance of this subsection (h-20) shall be
subject to reimbursement by the clean coal SNG facility on
terms as the Illinois Finance Authority and the clean coal SNG

facility may agree. The utility and its customers shall have no
obligation to reimburse the clean coal SNG facility or the
Illinois Finance Authority for any such costs.
(h-25) The State of Illinois pledges that the State may not
enact any law or take any action to (1) break or repeal the
authority for SNG purchase contracts entered into between
public gas utilities and the clean coal SNG facility pursuant
to subsection (h) of this Section or (2) deny public gas
utilities their full cost recovery for contract costs, as
defined in subsection (h-10), that are incurred under such SNG
purchase contracts. These pledges are for the benefit of the
parties to such SNG purchase contracts and the issuers and
holders of bonds or other obligations issued or incurred to
finance or refinance the clean coal SNG facility. The
beneficiaries are authorized to include and refer to these
pledges in any finance agreement into which they may enter in
regard to such contracts.
(h-30) The State of Illinois retains and reserves all other
rights to enact new or amendatory legislation or take any other
action, including, but not limited to, such legislation or
other action that would (1) directly or indirectly raise the
costs that the clean coal SNG facility must incur; (2) directly
or indirectly place additional restrictions, regulations, or
requirements on the clean coal SNG facility; (3) prohibit
sequestration in general or prohibit a specific sequestration
method or project; or (4) increase minimum sequestration

requirements.
(i) If a gas utility or an affiliate of a gas utility has
an ownership interest in any entity that produces or sells
synthetic natural gas, Article VII of this Act shall apply.
(Source: P.A. 96-1364, eff. 7-28-10; 97-96, eff. 7-13-11;
97-239, eff. 8-2-11; 97-630, eff. 12-8-11; 97-906, eff. 8-7-12;
97-1081, eff. 8-24-12; revised 1-24-13.)
Section 360. The Child Care Act of 1969 is amended by
changing Section 3.5 as follows:
(225 ILCS 10/3.5)
Sec. 3.5. Group homes for adolescents diagnosed with
autism.
(a) Subject to appropriation, the Department of Human
Services, Developmental Disabilities Division, shall provide
for the establishment of 3 children's group homes for
adolescents who have been diagnosed with autism and who are at
least 15 years of age and not more than 18 years of age. The
homes shall be located in 3 separate geographical areas of the
State. The homes shall operate 7 days per week and shall be
staffed 24 hours per day. The homes shall feature maximum
family involvement based on a service and support agreement
signed by the adolescent's family and the provider. An eligible
service provider: (i) must have a minimum of 5 years experience
serving individuals with autism residentially and have

successfully supported individuals with challenging behaviors;
(ii) must demonstrate that staff have equal experience in this
regard; and (iii) must have a full-time Board-Certified
Behavior Analyst on staff.
(b) The provider shall ensure that the staff at each home
receives appropriate training in matters that include, but need
not be limited to, the following: behavior analysis, skill
training, and other methodologies of teaching such as discrete
discreet trial and picture exchange communication system.
(c) The homes shall provide therapeutic and other support
services to the adolescents being served there. The therapeutic
curriculum shall be based on the principles of applied behavior
analysis.
(d) An agreeable rate shall be established by the
Department of Children and Family Services and the Department
of Human Services, Developmental Disabilities Division.
(Source: P.A. 95-411, eff. 8-24-07; revised 8-3-12.)
Section 365. The Illinois Dental Practice Act is amended by
changing Section 17 as follows:
(225 ILCS 25/17) (from Ch. 111, par. 2317)
(Section scheduled to be repealed on January 1, 2016)
Sec. 17. Acts Constituting the Practice of Dentistry. A
person practices dentistry, within the meaning of this Act:
(1) Who represents himself or herself as being able to

diagnose or diagnoses, treats, prescribes, or operates for
any disease, pain, deformity, deficiency, injury, or
physical condition of the human tooth, teeth, alveolar
process, gums or jaw; or
(2) Who is a manager, proprietor, operator or conductor
of a business where dental operations are performed; or
(3) Who performs dental operations of any kind; or
(4) Who uses an X-Ray machine or X-Ray films for dental
diagnostic purposes; or
(5) Who extracts a human tooth or teeth, or corrects or
attempts to correct malpositions of the human teeth or
jaws; or
(6) Who offers or undertakes, by any means or method,
to diagnose, treat or remove stains, calculus, and bonding
materials from human teeth or jaws; or
(7) Who uses or administers local or general
anesthetics in the treatment of dental or oral diseases or
in any preparation incident to a dental operation of any
kind or character; or
(8) Who takes impressions of the human tooth, teeth, or
jaws or performs any phase of any operation incident to the
replacement of a part of a tooth, a tooth, teeth or
associated tissues by means of a filling, crown, a bridge,
a denture or other appliance; or
(9) Who offers to furnish, supply, construct,
reproduce or repair, or who furnishes, supplies,

constructs, reproduces or repairs, prosthetic dentures,
bridges or other substitutes for natural teeth, to the user
or prospective user thereof; or
(10) Who instructs students on clinical matters or
performs any clinical operation included in the curricula
of recognized dental schools and colleges; or
(11) Who takes impressions of human teeth or places his
or her hands in the mouth of any person for the purpose of
applying teeth whitening materials, or who takes
impressions of human teeth or places his or her hands in
the mouth of any person for the purpose of assisting in the
application of teeth whitening materials. A person does not
practice dentistry when he or she discloses to the consumer
that he or she is not licensed as a dentist under this Act
and (i) discusses the use of teeth whitening materials with
a consumer purchasing these materials; (ii) provides
instruction on the use of teeth whitening materials with a
consumer purchasing these materials; or (iii) provides
appropriate equipment on-site to the consumer for the
consumer to self-apply teeth whitening materials.
The fact that any person engages in or performs, or offers
to engage in or perform, any of the practices, acts, or
operations set forth in this Section, shall be prima facie
evidence that such person is engaged in the practice of
dentistry.
The following practices, acts, and operations, however,

are exempt from the operation of this Act:
(a) The rendering of dental relief in emergency cases
in the practice of his or her profession by a physician or
surgeon, licensed as such under the laws of this State,
unless he or she undertakes to reproduce or reproduces lost
parts of the human teeth in the mouth or to restore or
replace lost or missing teeth in the mouth; or
(b) The practice of dentistry in the discharge of their
official duties by dentists in any branch of the Armed
Services of the United States, the United States Public
Health Service, or the United States Veterans
Administration; or
(c) The practice of dentistry by students in their
course of study in dental schools or colleges approved by
the Department, when acting under the direction and
supervision of dentists acting as instructors; or
(d) The practice of dentistry by clinical instructors
in the course of their teaching duties in dental schools or
colleges approved by the Department:
(i) when acting under the direction and
supervision of dentists, provided that such clinical
instructors have instructed continuously in this State
since January 1, 1986; or
(ii) when holding the rank of full professor at
such approved dental school or college and possessing a
current valid license or authorization to practice

dentistry in another country; or
(e) The practice of dentistry by licensed dentists of
other states or countries at meetings of the Illinois State
Dental Society or component parts thereof, alumni meetings
of dental colleges, or any other like dental organizations,
while appearing as clinicians; or
(f) The use of X-Ray machines for exposing X-Ray films
of dental or oral tissues by dental hygienists or dental
assistants; or
(g) The performance of any dental service by a dental
assistant, if such service is performed under the
supervision and full responsibility of a dentist.
For purposes of this paragraph (g), "dental service" is
defined to mean any intraoral procedure or act which shall
be prescribed by rule or regulation of the Department.
Dental service, however, shall not include:
(1) Any and all diagnosis of or prescription for
treatment of disease, pain, deformity, deficiency,
injury or physical condition of the human teeth or
jaws, or adjacent structures.
(2) Removal of, or restoration of, or addition to
the hard or soft tissues of the oral cavity, except for
the placing, carving, and finishing of amalgam
restorations by dental assistants who have had
additional formal education and certification as
determined by the Department. A dentist utilizing

dental assistants shall not supervise more than 4
dental assistants at any one time for placing, carving,
and finishing of amalgam restorations.
(3) Any and all correction of malformation of teeth
or of the jaws.
(4) Administration of anesthetics, except for
application of topical anesthetics and monitoring of
nitrous oxide. Monitoring of nitrous oxide may be
performed after successful completion of a training
program approved by the Department. A dentist
utilizing dental assistants shall not supervise more
than 4 dental assistants at any one time for the
monitoring of nitrous oxide.
(5) Removal of calculus from human teeth.
(6) Taking of impressions for the fabrication of
prosthetic appliances, crowns, bridges, inlays,
onlays, or other restorative or replacement dentistry.
(7) The operative procedure of dental hygiene
consisting of oral prophylactic procedures, except for
coronal polishing and pit and fissure sealants, which
may be performed by a dental assistant who has
successfully completed a training program approved by
the Department. Dental assistants may perform coronal
polishing under the following circumstances: (i) the
coronal polishing shall be limited to polishing the
clinical crown of the tooth and existing restorations,

supragingivally; (ii) the dental assistant performing
the coronal polishing shall be limited to the use of
rotary instruments using a rubber cup or brush
polishing method (air polishing is not permitted); and
(iii) the supervising dentist shall not supervise more
than 4 dental assistants at any one time for the task
of coronal polishing or pit and fissure sealants.
(h) The practice of dentistry by an individual who:
(i) has applied in writing to the Department, in
form and substance satisfactory to the Department, for
a general dental license and has complied with all
provisions of Section 9 of this Act, except for the
passage of the examination specified in subsection
(e), of Section 9, of this Act; or
(ii) has applied in writing to the Department, in
form and substance satisfactory to the Department, for
a temporary dental license and has complied with all
provisions of subsection (c), of Section 11, of this
Act; and
(iii) has been accepted or appointed for specialty
or residency training by a hospital situated in this
State; or
(iv) has been accepted or appointed for specialty
training in an approved dental program situated in this
State; or
(v) has been accepted or appointed for specialty

training in a dental public health agency situated in
this State.
The applicant shall be permitted to practice dentistry
for a period of 3 months from the starting date of the
program, unless authorized in writing by the Department to
continue such practice for a period specified in writing by
the Department.
The applicant shall only be entitled to perform such
acts as may be prescribed by and incidental to his or her
program of residency or specialty training and shall not
otherwise engage in the practice of dentistry in this
State.
The authority to practice shall terminate immediately
upon:
(1) the decision of the Department that the
applicant has failed the examination; or
(2) denial of licensure by the Department; or
(3) withdrawal of the application.
(Source: P.A. 96-617, eff. 8-24-09; 97-526, eff. 1-1-12;
97-886, eff. 8-2-12; 97-1013, eff. 8-17-12; revised 8-23-12.)
Section 370. The Naprapathic Practice Act is amended by
changing Section 110 as follows:
(225 ILCS 63/110)
(Section scheduled to be repealed on January 1, 2023)

Sec. 110. Grounds for disciplinary action; refusal,
revocation, suspension.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$10,000 for each violation, with regard to any licensee or
license for any one or combination of the following causes:
(1) Violations of this Act or of rules adopted under
this Act.
(2) Material misstatement in furnishing information to
the Department.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment, or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(5) Professional incompetence or gross negligence.
(6) Malpractice.

(7) Aiding or assisting another person in violating any
provision of this Act or its rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance which results in the inability to practice
with reasonable judgment, skill, or safety.
(11) Discipline by another U.S. jurisdiction or
foreign nation 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. This shall not be deemed to include rent or other
remunerations paid to an individual, partnership, or
corporation by a naprapath for the lease, rental, or use of
space, owned or controlled by the individual, partnership,
corporation, or association. Nothing in this paragraph
(12) affects any bona fide independent contractor or
employment arrangements among health care professionals,

health facilities, health care providers, or other
entities, except as otherwise prohibited by law. Any
employment arrangements may include provisions for
compensation, health insurance, pension, or other
employment benefits for the provision of services within
the scope of the licensee's practice under this Act.
Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) Using the title "Doctor" or its abbreviation
without further clarifying that title or abbreviation with
the word "naprapath" or "naprapathy" or the designation
"D.N.".
(14) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(15) Abandonment of a patient without cause.
(16) Willfully making or filing false records or
reports relating to a licensee's practice, including but
not limited to, false records filed with State agencies or
departments.
(17) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(18) Physical or mental illness or disability,
including, but not limited to, deterioration through the

aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(19) Solicitation of professional services by means
other than permitted advertising.
(20) Failure to provide a patient with a copy of his or
her record upon the written request of the patient.
(21) Cheating on or attempting to subvert the licensing
examination administered under this Act.
(22) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(23) (Blank).
(24) 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 a neglected
child as defined in the Abused and Neglected Child
Reporting Act.
(25) Practicing under a false or, except as provided by
law, an assumed name.
(26) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(27) Maintaining a professional relationship with any
person, firm, or corporation when the naprapath knows, or

should know, that the person, firm, or corporation is
violating this Act.
(28) Promotion of the sale of food supplements,
devices, appliances, or goods provided for a client or
patient in such manner as to exploit the patient or client
for financial gain of the licensee.
(29) Having treated ailments of human beings other than
by the practice of naprapathy as defined in this Act, or
having treated ailments of human beings as a licensed
naprapath independent of a documented referral or
documented current and relevant diagnosis from a
physician, dentist, or podiatrist, or having failed to
notify the physician, dentist, or podiatrist who
established a documented current and relevant diagnosis
that the patient is receiving naprapathic treatment
pursuant to that diagnosis.
(30) Use by a registered naprapath of the word
"infirmary", "hospital", "school", "university", in
English or any other language, in connection with the place
where naprapathy may be practiced or demonstrated.
(31) Continuance of a naprapath in the employ of any
person, firm, or corporation, or as an assistant to any
naprapath or naprapaths, directly or indirectly, after his
or her employer or superior has been found guilty of
violating or has been enjoined from violating the laws of
the State of Illinois relating to the practice of

naprapathy when the employer or superior persists in that
violation.
(32) The performance of naprapathic service in
conjunction with a scheme or plan with another person,
firm, or corporation known to be advertising in a manner
contrary to this Act or otherwise violating the laws of the
State of Illinois concerning the practice of naprapathy.
(33) Failure to provide satisfactory proof of having
participated in approved continuing education programs as
determined by and approved by the Secretary. Exceptions for
extreme hardships are to be defined by the rules of the
Department.
(34) (Blank).
(35) Gross or willful overcharging for professional
services.
(36) (Blank).
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.
(b) The Department may refuse to issue or may suspend
without hearing, as provided for in the Department of
Professional Regulation Law of the Civil Administrative Code,
the license of any person who fails to file a return, or pay
the tax, penalty, or interest shown in a filed return, or pay
any final assessment of the tax, penalty, or interest as
required by any tax Act administered by the Illinois Department

of Revenue, until such time as the requirements of any such tax
Act are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois.
(c) 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 in accordance with item (5) of subsection
(a) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(d) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(e) 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 Development

Disabilities Code, operates as an automatic suspension. The
suspension shall end 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.
(f) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act, or who has applied for licensure under
this Act, to submit to a mental or physical examination and
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department. The Department shall specifically designate
the examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led by
a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination and evaluation pursuant to this Section to
submit to any additional supplemental testing deemed necessary

to complete any examination or evaluation process, including,
but not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records including business records that
relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning the examination and evaluation
of the licensee or applicant, including testimony concerning
any supplemental testing or documents in any way related to the
examination and evaluation. No information, report, record, or
other documents in any way related to the examination and
evaluation shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician or any member
of the multidisciplinary team. No authorization is necessary
from the licensee or applicant ordered to undergo an evaluation
and examination for the examining physician or any member of
the multidisciplinary team to provide information, reports,
records, or other documents or to provide any testimony
regarding the examination and evaluation. 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 and evaluation, or both, when directed,
shall result in an automatic suspension without hearing, until
such time as the individual submits to the examination.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or
designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The

Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 96-1482, eff. 11-29-10; 97-778, eff. 7-13-12;
revised 8-3-12.)
Section 375. The Wholesale Drug Distribution Licensing Act
is amended by changing Section 55 as follows:
(225 ILCS 120/55) (from Ch. 111, par. 8301-55)
(Section scheduled to be repealed on January 1, 2023)
Sec. 55. Discipline; grounds.
(a) The Department may refuse to issue, restore, or renew,
or may revoke, suspend, place on probation, reprimand or take
other disciplinary or non-disciplinary action as the
Department may deem appropriate, including imposing fines not
to exceed $10,000 for each violation, with regard to any
applicant or licensee or any officer, director, manager, or
shareholder who owns 5% or more interest in the business that

holds the license for any one or a combination of the following
reasons:
(1) Violation of this Act or of the rules adopted under
this Act.
(2) Aiding or assisting another person in violating any
provision of this Act or the rules adopted under this Act.
(3) Failing, within 60 days, to provide information in
response to a written requirement made by the Department.
(4) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public. This includes violations of
"good faith" as defined by the Illinois Controlled
Substances Act and applies to all prescription drugs.
(5) Discipline by another U.S. jurisdiction or foreign
nation, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
in this Act.
(6) Selling or engaging in the sale of drug samples
provided at no cost by drug manufacturers.
(7) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States (i) that
is (i) a felony or (ii) a misdemeanor, an essential element

of which is dishonesty or that is directly related to the
practice of this profession.
(8) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
by the designated representative, as provided for in item
(7) of subsection (b) of Section 25 of this Act, any
officer, or director that results in the inability to
function with reasonable judgment, skill, or safety.
proper
(9) Material misstatement in furnishing information to
the Department.
(10) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(11) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(12) Willfully making or filing false records or
reports.
(13) A finding of a substantial discrepancy in a
Department audit of a prescription drug, including a
controlled substance as that term is defined in this Act or
in the Illinois Controlled Substances Act.
(14) Falsifying a pedigree or selling, distributing,
transferring, manufacturing, repackaging, handling, or
holding a counterfeit prescription drug intended for human

use.
(15) Interfering with a Department investigation.
(16) Failing to adequately secure controlled
substances or other prescription drugs from diversion.
(17) Acquiring or distributing prescription drugs not
obtained from a source licensed by the Department.
(18) Failing to properly store drugs.
(19) Failing to maintain the licensed premises with
proper storage and security controls.
(b) The Department may refuse to issue or may suspend the
license or registration of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until the time the requirements
of the tax Act are satisfied.
(c) The Department shall revoke the license or certificate
of registration issued under this Act or any prior Act of this
State of any person who has been convicted a second time of
committing any felony under the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection Act
or who has been convicted a second time of committing a Class 1
felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid
Code. A person whose license or certificate of registration
issued under this Act or any prior Act of this State is revoked
under this subsection (c) (b) shall be prohibited from engaging

in the practice of pharmacy in this State.
(Source: P.A. 97-804, eff. 1-1-13; 97-813, eff. 7-13-12;
revised 7-25-12.)
Section 380. The Detection of Deception Examiners Act is
amended by changing Section 14 as follows:
(225 ILCS 430/14) (from Ch. 111, par. 2415)
(Section scheduled to be repealed on January 1, 2022)
Sec. 14. (a) The Department may refuse to issue or renew or
may revoke, suspend, place on probation, reprimand, or take
other disciplinary or non-disciplinary action as the
Department may deem appropriate, including imposing fines not
to exceed $10,000 for each violation, with regard to any
license for any one or a combination of the following:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or of the rules adopted
under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony or (ii) that is a misdemeanor, an essential

element of which is dishonesty, or that is directly related
to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining licensure or violating any provision of this Act
or the rules adopted under this Act pertaining to
advertising.
(5) Professional incompetence.
(6) Allowing one's license under this Act to be used by
an unlicensed person in violation of this Act.
(7) Aiding or assisting another person in violating
this Act or any rule adopted under this Act.
(8) Where the license holder has been adjudged mentally
ill, mentally deficient or subject to involuntary
admission as provided in the Mental Health and
Developmental Disabilities Code.
(9) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(11) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(12) Discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of

the grounds for the discipline is the same or substantially
equivalent to those set forth in this Section.
(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 in his or her practice, including, but not limited
to, false records filed with State agencies or departments.
(15) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(16) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(17) Practicing under a false or, except as provided by
law, an assumed name.
(18) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(19) Cheating on or attempting to subvert the licensing
examination administered under this Act.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.

(b) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, or pay the tax, penalty, or interest shown in a filed
return, or pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(c) 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 in accordance with item (5) of subsection
(g) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(d) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of

subsection (g) of Section 1205-15 of the Civil Administrative
Code of Illinois.
(e) 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 Development
Disabilities Code, operates as an automatic suspension. The
suspension will end 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.
(f) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act, or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of

an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or
designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The

Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 97-168, eff. 7-22-11; revised 8-3-12.)
Section 385. The Real Estate Appraiser Licensing Act of
2002 is amended by changing Section 30-10 as follows:
(225 ILCS 458/30-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 30-10. Appraisal Administration Fund.
(a) The Appraisal Administration Administrative Fund,
created under the Real Estate License Act of 1983 and continued
under Section 40 of the Real Estate Appraiser Licensing Act, is
continued under this Act. All fees collected under this Act
shall be deposited into the Appraisal Administration Fund,
created in the State Treasury under the Real Estate License Act
of 1983.
(b) Appropriations to the Department from the Appraisal

Administration Fund for the purpose of administering the Real
Estate Appraiser Licensing Act may be used by the Department
for the purpose of administering and enforcing the provisions
of this Act.
(Source: P.A. 96-844, eff. 12-23-09; revised 10-18-12.)
Section 390. The Illinois Horse Racing Act of 1975 is
amended by changing Section 30.5 as follows:
(230 ILCS 5/30.5)
Sec. 30.5. Illinois Racing Quarter Horse Breeders Fund.
(a) The General Assembly declares that it is the policy of
this State to encourage the breeding of racing quarter horses
in this State and the ownership of such horses by residents of
this State in order to provide for sufficient numbers of high
quality racing quarter horses in this State and to establish
and preserve the agricultural and commercial benefits of such
breeding and racing industries to the State of Illinois. It is
the intent of the General Assembly to further this policy by
the provisions of this Act.
(b) There is hereby created a special fund in the State
Treasury to be known as the Illinois Racing Quarter Horse
Breeders Fund. Except as provided in subsection (g) of Section
27 of this Act, 8.5% of all the moneys received by the State as
pari-mutuel taxes on quarter horse racing shall be paid into
the Illinois Racing Quarter Horse Breeders Fund.

(c) The Illinois Racing Quarter Horse Breeders Fund shall
be administered by the Department of Agriculture with the
advice and assistance of the Advisory Board created in
subsection (d) of this Section.
(d) The Illinois Racing Quarter Horse Breeders Fund
Advisory Board shall consist of the Director of the Department
of Agriculture, who shall serve as Chairman; a member of the
Illinois Racing Board, designated by it; one representative of
the organization licensees conducting pari-mutuel quarter
horse racing meetings, recommended by them; 2 representatives
of the Illinois Running Quarter Horse Association, recommended
by it; and the Superintendent of Fairs and Promotions from the
Department of Agriculture. Advisory Board members shall serve
for 2 years commencing January 1 of each odd numbered year. If
representatives have not been recommended by January 1 of each
odd numbered year, the Director of the Department of
Agriculture may make an appointment for the organization
failing to so recommend a member of the Advisory Board.
Advisory Board members shall receive no compensation for their
services as members but may be reimbursed for all actual and
necessary expenses and disbursements incurred in the execution
of their official duties.
(e) No moneys shall be expended from the Illinois Racing
Quarter Horse Breeders Fund except as appropriated by the
General Assembly. Moneys appropriated from the Illinois Racing
Quarter Horse Breeders Fund shall be expended by the Department

of Agriculture, with the advice and assistance of the Illinois
Racing Quarter Horse Breeders Fund Advisory Board, for the
following purposes only:
(1) To provide stakes and awards to be paid to the
owners of the winning horses in certain races. This
provision is limited to Illinois conceived and foaled
horses.
(2) To provide an award to the owner or owners of an
Illinois conceived and foaled horse that wins a race when
pari-mutuel wagering is conducted; providing the race is
not restricted to Illinois conceived and foaled horses.
(3) To provide purse money for an Illinois stallion
stakes program.
(4) To provide for purses to be distributed for the
running of races during the Illinois State Fair and the
DuQuoin State Fair exclusively for quarter horses
conceived and foaled in Illinois.
(5) To provide for purses to be distributed for the
running of races at Illinois county fairs exclusively for
quarter horses conceived and foaled in Illinois.
(6) To provide for purses to be distributed for running
races exclusively for quarter horses conceived and foaled
in Illinois at locations in Illinois determined by the
Department of Agriculture with advice and consent of the
Illinois Racing Quarter Horse Breeders Fund Advisory
Board.

(7) No less than 90% of all moneys appropriated from
the Illinois Racing Quarter Horse Breeders Fund shall be
expended for the purposes in items (1), (2), (3), (4), and
(5) of this subsection (e).
(8) To provide for research programs concerning the
health, development, and care of racing quarter horses.
(9) To provide for dissemination of public information
designed to promote the breeding of racing quarter horses
in Illinois.
(10) To provide for expenses incurred in the
administration of the Illinois Racing Quarter Horse
Breeders Fund.
(f) The Department of Agriculture shall, by rule, with the
advice and assistance of the Illinois Racing Quarter Horse
Breeders Fund Advisory Board:
(1) Qualify stallions for Illinois breeding; such
stallions to stand for service within the State of
Illinois, at the time of a foal's conception. Such stallion
must not stand for service at any place outside the State
of Illinois during the calendar year in which the foal is
conceived. The Department of Agriculture may assess and
collect application fees for the registration of
Illinois-eligible stallions. All fees collected are to be
paid into the Illinois Racing Quarter Horse Breeders Fund.
(2) Provide for the registration of Illinois conceived
and foaled horses. No such horse shall compete in the races

limited to Illinois conceived and foaled horses unless it
is registered with the Department of Agriculture. The
Department of Agriculture may prescribe such forms as are
necessary to determine the eligibility of such horses. The
Department of Agriculture may assess and collect
application fees for the registration of Illinois-eligible
foals. All fees collected are to be paid into the Illinois
Racing Quarter Horse Breeders Fund. No person shall
knowingly prepare or cause preparation of an application
for registration of such foals that contains false
information.
(g) The Department of Agriculture, with the advice and
assistance of the Illinois Racing Quarter Horse Breeders Fund
Advisory Board, shall provide that certain races limited to
Illinois conceived and foaled be stakes races and determine the
total amount of stakes and awards to be paid to the owners of
the winning horses in such races.
(Source: P.A. 91-40, eff. 6-25-99; revised 10-18-12.)
Section 395. The Liquor Control Act of 1934 is amended by
changing Section 6-11 as follows:
(235 ILCS 5/6-11)
Sec. 6-11. Sale near churches, schools, and hospitals.
(a) No license shall be issued for the sale at retail of
any alcoholic liquor within 100 feet of any church, school

other than an institution of higher learning, hospital, home
for aged or indigent persons or for veterans, their spouses or
children or any military or naval station, provided, that this
prohibition shall not apply to hotels offering restaurant
service, regularly organized clubs, or to restaurants, food
shops or other places where sale of alcoholic liquors is not
the principal business carried on if the place of business so
exempted is not located in a municipality of more than 500,000
persons, unless required by local ordinance; nor to the renewal
of a license for the sale at retail of alcoholic liquor on
premises within 100 feet of any church or school where the
church or school has been established within such 100 feet
since the issuance of the original license. In the case of a
church, the distance of 100 feet shall be measured to the
nearest part of any building used for worship services or
educational programs and not to property boundaries.
(b) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor to a
restaurant, the primary business of which is the sale of goods
baked on the premises if (i) the restaurant is newly
constructed and located on a lot of not less than 10,000 square
feet, (ii) the restaurant costs at least $1,000,000 to
construct, (iii) the licensee is the titleholder to the
premises and resides on the premises, and (iv) the construction
of the restaurant is completed within 18 months of the
effective date of this amendatory Act of 1998.

(c) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor
incidental to a restaurant if (1) the primary business of the
restaurant consists of the sale of food where the sale of
liquor is incidental to the sale of food and the applicant is a
completely new owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the restaurant is
located operated the premises as a restaurant and held a valid
retail license authorizing the sale of alcoholic liquor at the
restaurant for at least part of the 24 months before the change
of ownership, and (3) the restaurant is located 75 or more feet
from a school.
(d) In the interest of further developing Illinois' economy
in the area of commerce, tourism, convention, and banquet
business, nothing in this Section shall prohibit issuance of a
retail license authorizing the sale of alcoholic beverages to a
restaurant, banquet facility, grocery store, or hotel having
not fewer than 150 guest room accommodations located in a
municipality of more than 500,000 persons, notwithstanding the
proximity of such hotel, restaurant, banquet facility, or
grocery store to any church or school, if the licensed premises
described on the license are located within an enclosed mall or
building of a height of at least 6 stories, or 60 feet in the
case of a building that has been registered as a national
landmark, or in a grocery store having a minimum of 56,010
square feet of floor space in a single story building in an

open mall of at least 3.96 acres that is adjacent to a public
school that opened as a boys technical high school in 1934, or
in a grocery store having a minimum of 31,000 square feet of
floor space in a single story building located a distance of
more than 90 feet but less than 100 feet from a high school
that opened in 1928 as a junior high school and became a senior
high school in 1933, and in each of these cases if the sale of
alcoholic liquors is not the principal business carried on by
the licensee.
For purposes of this Section, a "banquet facility" is any
part of a building that caters to private parties and where the
sale of alcoholic liquors is not the principal business.
(e) Nothing in this Section shall prohibit the issuance of
a license to a church or private school to sell at retail
alcoholic liquor if any such sales are limited to periods when
groups are assembled on the premises solely for the promotion
of some common object other than the sale or consumption of
alcoholic liquors.
(f) Nothing in this Section shall prohibit a church or
church affiliated school located in a home rule municipality or
in a municipality with 75,000 or more inhabitants from locating
within 100 feet of a property for which there is a preexisting
license to sell alcoholic liquor at retail. In these instances,
the local zoning authority may, by ordinance adopted
simultaneously with the granting of an initial special use
zoning permit for the church or church affiliated school,

provide that the 100-foot restriction in this Section shall not
apply to that church or church affiliated school and future
retail liquor licenses.
(g) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor at
premises within 100 feet, but not less than 90 feet, of a
public school if (1) the premises have been continuously
licensed to sell alcoholic liquor for a period of at least 50
years, (2) the premises are located in a municipality having a
population of over 500,000 inhabitants, (3) the licensee is an
individual who is a member of a family that has held the
previous 3 licenses for that location for more than 25 years,
(4) the principal of the school and the alderman of the ward in
which the school is located have delivered a written statement
to the local liquor control commissioner stating that they do
not object to the issuance of a license under this subsection
(g), and (5) the local liquor control commissioner has received
the written consent of a majority of the registered voters who
live within 200 feet of the premises.
(h) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within premises and at an outdoor patio area attached to
premises that are located in a municipality with a population
in excess of 300,000 inhabitants and that are within 100 feet
of a church if:

(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food,
(2) the sale of liquor is not the principal business
carried on by the licensee at the premises,
(3) the premises are less than 1,000 square feet,
(4) the premises are owned by the University of
Illinois,
(5) the premises are immediately adjacent to property
owned by a church and are not less than 20 nor more than 40
feet from the church space used for worship services, and
(6) the principal religious leader at the place of
worship has indicated his or her support for the issuance
of the license in writing.
(i) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 300,000 inhabitants and is within 100 feet of a
church, synagogue, or other place of worship if:
(1) the primary entrance of the premises and the
primary entrance of the church, synagogue, or other place
of worship are at least 100 feet apart, on parallel
streets, and separated by an alley; and
(2) the principal religious leader at the place of
worship has not indicated his or her opposition to the
issuance or renewal of the license in writing.

(j) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
of a retail license authorizing the sale of alcoholic liquor at
a theater that is within 100 feet of a church if (1) the church
owns the theater, (2) the church leases the theater to one or
more entities, and (3) the theater is used by at least 5
different not-for-profit theater groups.
(k) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the primary entrance of the premises and the
primary entrance of the school are parallel, on different
streets, and separated by an alley;
(2) the southeast corner of the premises are at least
350 feet from the southwest corner of the school;
(3) the school was built in 1978;
(4) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(6) the applicant is the owner of the restaurant and
has held a valid license authorizing the sale of alcoholic
liquor for the business to be conducted on the premises at

a different location for more than 7 years; and
(7) the premises is at least 2,300 square feet and sits
on a lot that is between 6,100 and 6,150 square feet.
(l) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a church or school if:
(1) the primary entrance of the premises and the
closest entrance of the church or school is at least 90
feet apart and no greater than 95 feet apart;
(2) the shortest distance between the premises and the
church or school is at least 80 feet apart and no greater
than 85 feet apart;
(3) the applicant is the owner of the restaurant and on
November 15, 2006 held a valid license authorizing the sale
of alcoholic liquor for the business to be conducted on the
premises for at least 14 different locations;
(4) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(6) the premises is at least 3,200 square feet and sits
on a lot that is between 7,150 and 7,200 square feet; and
(7) the principal religious leader at the place of

worship has not indicated his or her opposition to the
issuance or renewal of the license in writing.
(m) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a church if:
(1) the premises and the church are perpendicular, and
the primary entrance of the premises faces South while the
primary entrance of the church faces West and the distance
between the two entrances is more than 100 feet;
(2) the shortest distance between the premises lot line
and the exterior wall of the church is at least 80 feet;
(3) the church was established at the current location
in 1916 and the present structure was erected in 1925;
(4) the premises is a single story, single use building
with at least 1,750 square feet and no more than 2,000
square feet;
(5) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(6) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises; and
(7) the principal religious leader at the place of
worship has not indicated his or her opposition to the
issuance or renewal of the license in writing.

(n) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the school is a City of Chicago School District 299
school;
(2) the school is located within subarea E of City of
Chicago Residential Business Planned Development Number
70;
(3) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(4) the sale of alcoholic liquor at the premises is
incidental to the sale of food; and
(5) the administration of City of Chicago School
District 299 has expressed, in writing, its support for the
issuance of the license.
(o) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a retail license authorizing the sale of
alcoholic liquor at a premises that is located within a
municipality in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;

(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the premises is located on a street that runs
perpendicular to the street on which the church is located;
(4) the primary entrance of the premises is at least
100 feet from the primary entrance of the church;
(5) the shortest distance between any part of the
premises and any part of the church is at least 60 feet;
(6) the premises is between 3,600 and 4,000 square feet
and sits on a lot that is between 3,600 and 4,000 square
feet; and
(7) the premises was built in the year 1909.
For purposes of this subsection (o), "premises" means a
place of business together with a privately owned outdoor
location that is adjacent to the place of business.
(p) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the shortest distance between the backdoor of the
premises, which is used as an emergency exit, and the
church is at least 80 feet;
(2) the church was established at the current location
in 1889; and

(3) liquor has been sold on the premises since at least
1985.
(q) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a premises that is located in a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church-owned property if:
(1) the premises is located within a larger building
operated as a grocery store;
(2) the area of the premises does not exceed 720 square
feet and the area of the larger building exceeds 18,000
square feet;
(3) the larger building containing the premises is
within 100 feet of the nearest property line of a
church-owned property on which a church-affiliated school
is located;
(4) the sale of liquor is not the principal business
carried on within the larger building;
(5) the primary entrance of the larger building and the
premises and the primary entrance of the church-affiliated
school are on different, parallel streets, and the distance
between the 2 primary entrances is more than 100 feet;
(6) the larger building is separated from the
church-owned property and church-affiliated school by an
alley;

(7) the larger building containing the premises and the
church building front are on perpendicular streets and are
separated by a street; and
(8) (Blank).
(r) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance,
renewal, or maintenance of a license authorizing the sale of
alcoholic liquor incidental to the sale of food within a
restaurant established in a premises that is located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
(1) the primary entrance of the church and the primary
entrance of the restaurant are at least 100 feet apart;
(2) the restaurant has operated on the ground floor and
lower level of a multi-story, multi-use building for more
than 40 years;
(3) the primary business of the restaurant consists of
the sale of food where the sale of liquor is incidental to
the sale of food;
(4) the sale of alcoholic liquor is conducted primarily
in the below-grade level of the restaurant to which the
only public access is by a staircase located inside the
restaurant; and
(5) the restaurant has held a license authorizing the
sale of alcoholic liquor on the premises for more than 40
years.

(s) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit renewal of a
license authorizing the sale of alcoholic liquor at a premises
that is located within a municipality with a population more
than 5,000 and less than 10,000 and is within 100 feet of a
church if:
(1) the church was established at the location within
100 feet of the premises after a license for the sale of
alcoholic liquor at the premises was first issued;
(2) a license for sale of alcoholic liquor at the
premises was first issued before January 1, 2007; and
(3) a license for the sale of alcoholic liquor on the
premises has been continuously in effect since January 1,
2007, except for interruptions between licenses of no more
than 90 days.
(t) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant that
is established in a premises that is located in a municipality
with a population in excess of 1,000,000 inhabitants and within
100 feet of a school and a church if:
(1) the restaurant is located inside a five-story
building with over 16,800 square feet of commercial space;
(2) the area of the premises does not exceed 31,050
square feet;

(3) the area of the restaurant does not exceed 5,800
square feet;
(4) the building has no less than 78 condominium units;
(5) the construction of the building in which the
restaurant is located was completed in 2006;
(6) the building has 10 storefront properties, 3 of
which are used for the restaurant;
(7) the restaurant will open for business in 2010;
(8) the building is north of the school and separated
by an alley; and
(9) the principal religious leader of the church and
either the alderman of the ward in which the school is
located or the principal of the school have delivered a
written statement to the local liquor control commissioner
stating that he or she does not object to the issuance of a
license under this subsection (t).
(u) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a school
if:
(1) the premises operates as a restaurant and has been
in operation since February 2008;
(2) the applicant is the owner of the premises;
(3) the sale of alcoholic liquor is incidental to the

sale of food;
(4) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(5) the premises occupy the first floor of a 3-story
building that is at least 90 years old;
(6) the rear lot of the school and the rear corner of
the building that the premises occupy are separated by an
alley;
(7) the distance from the southwest corner of the
property line of the school and the northeast corner of the
building that the premises occupy is at least 16 feet, 5
inches;
(8) the distance from the rear door of the premises to
the southwest corner of the property line of the school is
at least 93 feet;
(9) the school is a City of Chicago School District 299
school;
(10) the school's main structure was erected in 1902
and an addition was built to the main structure in 1959;
and
(11) the principal of the school and the alderman in
whose district the premises are located have expressed, in
writing, their support for the issuance of the license.
(v) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the total land area of the premises for which the
license or renewal is sought is more than 600,000 square
feet;
(2) the premises for which the license or renewal is
sought has more than 600 parking stalls;
(3) the total area of all buildings on the premises for
which the license or renewal is sought exceeds 140,000
square feet;
(4) the property line of the premises for which the
license or renewal is sought is separated from the property
line of the school by a street;
(5) the distance from the school's property line to the
property line of the premises for which the license or
renewal is sought is at least 60 feet;
(6) as of the effective date of this amendatory Act of
the 97th General Assembly, the premises for which the
license or renewal is sought is located in the Illinois
Medical District.
(w) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a church

if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the premises occupy the first floor and basement of
a 2-story building that is 106 years old;
(4) the premises is at least 7,000 square feet and
located on a lot that is at least 11,000 square feet;
(5) the premises is located directly west of the
church, on perpendicular streets, and separated by an
alley;
(6) the distance between the property line of the
premises and the property line of the church is at least 20
feet;
(7) the distance between the primary entrance of the
premises and the primary entrance of the church is at least
130 feet; and
(8) the church has been at its location for at least 40
years.
(x) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:

(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the church has been operating in its current
location since 1973;
(3) the premises has been operating in its current
location since 1988;
(4) the church and the premises are owned by the same
parish;
(5) the premises is used for cultural and educational
purposes;
(6) the primary entrance to the premises and the
primary entrance to the church are located on the same
street;
(7) the principal religious leader of the church has
indicated his support of the issuance of the license;
(8) the premises is a 2-story building of approximately
23,000 square feet; and
(9) the premises houses a ballroom on its ground floor
of approximately 5,000 square feet.
(y) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(3) according to the municipality, the distance
between the east property line of the premises and the west
property line of the school is 97.8 feet;
(4) the school is a City of Chicago School District 299
school;
(5) the school has been operating since 1959;
(6) the primary entrance to the premises and the
primary entrance to the school are located on the same
street;
(7) the street on which the entrances of the premises
and the school are located is a major diagonal
thoroughfare;
(8) the premises is a single-story building of
approximately 2,900 square feet; and
(9) the premises is used for commercial purposes only.
(z) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a mosque if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;

(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain having over
100 locations within the municipality;
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant
of the municipality;
(7) the premises is a free-standing building that has
"drive-through" pharmacy service;
(8) the premises has approximately 14,490 square feet
of retail space;
(9) the premises has approximately 799 square feet of
pharmacy space;
(10) the premises is located on a major arterial street
that runs east-west and accepts truck traffic; and
(11) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(aa) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain having over
100 locations within the municipality;
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant
of the municipality;
(7) the premises is located across the street from a
national grocery chain outlet;
(8) the premises has approximately 16,148 square feet
of retail space;
(9) the premises has approximately 992 square feet of
pharmacy space;
(10) the premises is located on a major arterial street
that runs north-south and accepts truck traffic; and
(11) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(bb) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:

(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(3) the primary entrance to the premises and the
primary entrance to the church are located on the same
street;
(4) the premises is across the street from the church;
(5) the street on which the premises and the church are
located is a major arterial street that runs east-west;
(6) the church is an elder-led and Bible-based Assyrian
church;
(7) the premises and the church are both single-story
buildings;
(8) the storefront directly west of the church is being
used as a restaurant; and
(9) the distance between the northern-most property
line of the premises and the southern-most property line of
the church is 65 feet.
(cc) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain;
(4) as of October 25, 2011, the licensee has 1,767
stores operating nationwide, 87 stores operating in the
State, and 10 stores operating within the municipality;
(5) the licensee shall occupy approximately 124,000
square feet of space in the basement and first and second
floors of a building located across the street from a
school;
(6) the school opened in August of 2009 and occupies
approximately 67,000 square feet of space; and
(7) the building in which the premises shall be located
has been listed on the National Register of Historic Places
since April 17, 1970.
(dd) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that was
purchased from the municipality at a fair market price;
(2) the premises is constructed on land that was
previously used as a parking facility for public safety

employees;
(3) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(4) the main entrance to the store is more than 100
feet from the main entrance to the school;
(5) the premises is to be new construction;
(6) the school is a private school;
(7) the principal of the school has given written
approval for the license;
(8) the alderman of the ward where the premises is
located has given written approval of the issuance of the
license;
(9) the grocery store level of the premises is between
60,000 and 70,000 square feet; and
(10) the owner and operator of the grocery store
operates 2 other grocery stores that have alcoholic liquor
licenses within the same municipality.
(ee) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 hundred feet of a
school if:
(1) the premises is constructed on land that once
contained an industrial steel facility;

(2) the premises is located on land that has undergone
environmental remediation;
(3) the premises is located within a retail complex
containing retail stores where some of the stores sell
alcoholic beverages;
(4) the principal activity of any restaurant in the
retail complex is the sale of food, and the sale of
alcoholic liquor is incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the grocery store;
(6) the entrance to any business that sells alcoholic
liquor is more than 100 feet from the entrance to the
school;
(7) the alderman of the ward where the premises is
located has given written approval of the issuance of the
license; and
(8) the principal of the school has given written
consent to the issuance of the license.
(ff) (dd) Notwithstanding any provision of this Section to
the contrary, nothing in this Section shall prohibit the
issuance or renewal of a license authorizing the sale of
alcoholic liquor at a premises that is located within a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on at the premises;

(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a theater;
(3) the premises is a one and one-half-story building
of approximately 10,000 square feet;
(4) the school is a City of Chicago School District 299
school;
(5) the primary entrance of the premises and the
primary entrance of the school are at least 300 feet apart
and no more than 400 feet apart;
(6) the alderman of the ward in which the premises is
located has expressed, in writing, his support for the
issuance of the license; and
(7) the principal of the school has expressed, in
writing, that there is no objection to the issuance of a
license under this subsection (ff) (dd).
(Source: P.A. 96-283, eff. 8-11-09; 96-744, eff. 8-25-09;
96-851, eff. 12-23-09; 96-871, eff. 1-21-10; 96-1051, eff.
7-14-10; 97-9, eff. 6-14-11; 97-12, eff. 6-14-11; 97-634, eff.
12-16-11; 97-774, eff. 7-13-12; 97-780, eff. 7-13-12; 97-806,
eff. 7-13-12; revised 7-23-12.)
Section 400. The Safety Deposit License Act is amended by
changing Section 22.1 as follows:
(240 ILCS 5/22.1)
Sec. 22.1. All moneys received by the Department of

Financial Institutions under this Act shall be deposited in the
Financial Institution Institutions Fund created under Section
6z-26 of the State Finance Act.
(Source: P.A. 88-13; revised 10-18-12.)
Section 405. The Illinois Public Aid Code is amended by
changing Sections 5-2, 5-4.2, 5-5, 5-5.12, 5A-5, 5A-8, 5A-10,
5A-12.4, 5C-1, 5C-5, 5C-7, 11-26, 12-5, and 14-8 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. (Blank).
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) On and after July 1, 2012, a caretaker relative
who is 19 years of age or older when countable income
is at or below 133% 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) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) Following termination of an individual's

coverage under this paragraph 15, the individual must
be determined eligible before the person can be
re-enrolled.
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.
17. Persons who, pursuant to a waiver approved by the
Secretary of the U.S. Department of Health and Human
Services, are eligible for medical assistance under Title
XIX or XXI of the federal Social Security Act.
Notwithstanding any other provision of this Code and
consistent with the terms of the approved waiver, the
Illinois Department, may by rule:
(a) Limit the geographic areas in which the waiver
program operates.
(b) Determine the scope, quantity, duration, and
quality, and the rate and method of reimbursement, of
the medical services to be provided, which may differ
from those for other classes of persons eligible for
assistance under this Article.

(c) Restrict the persons' freedom in choice of
providers.
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 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.
Notwithstanding any other provision of this Code, if the
United States Supreme Court holds Title II, Subtitle A, Section
2001(a) of Public Law 111-148 to be unconstitutional, or if a
holding of Public Law 111-148 makes Medicaid eligibility
allowed under Section 2001(a) inoperable, the State or a unit
of local government shall be prohibited from enrolling
individuals in the Medical Assistance Program as the result of
federal approval of a State Medicaid waiver on or after the
effective date of this amendatory Act of the 97th General
Assembly, and any individuals enrolled in the Medical
Assistance Program pursuant to eligibility permitted as a
result of such a State Medicaid waiver shall become immediately
ineligible.
Notwithstanding any other provision of this Code, if an Act

of Congress that becomes a Public Law eliminates Section
2001(a) of Public Law 111-148, the State or a unit of local
government shall be prohibited from enrolling individuals in
the Medical Assistance Program as the result of federal
approval of a State Medicaid waiver on or after the effective
date of this amendatory Act of the 97th General Assembly, and
any individuals enrolled in the Medical Assistance Program
pursuant to eligibility permitted as a result of such a State
Medicaid waiver shall become immediately ineligible.
(Source: P.A. 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; 97-48,
eff. 6-28-11; 97-74, eff. 6-30-11; 97-333, eff. 8-12-11;
97-687, eff. 6-14-12; 97-689, eff. 6-14-12; 97-813, eff.
7-13-12; revised 7-23-12.)
(305 ILCS 5/5-4.2) (from Ch. 23, par. 5-4.2)
Sec. 5-4.2. Ambulance services payments.
(a) For ambulance services provided to a recipient of aid
under this Article on or after January 1, 1993, the Illinois
Department shall reimburse ambulance service providers at
rates calculated in accordance with this Section. It is the
intent of the General Assembly to provide adequate
reimbursement for ambulance services so as to ensure adequate
access to services for recipients of aid under this Article and
to provide appropriate incentives to ambulance service

providers to provide services in an efficient and
cost-effective manner. Thus, it is the intent of the General
Assembly that the Illinois Department implement a
reimbursement system for ambulance services that, to the extent
practicable and subject to the availability of funds
appropriated by the General Assembly for this purpose, is
consistent with the payment principles of Medicare. To ensure
uniformity between the payment principles of Medicare and
Medicaid, the Illinois Department shall follow, to the extent
necessary and practicable and subject to the availability of
funds appropriated by the General Assembly for this purpose,
the statutes, laws, regulations, policies, procedures,
principles, definitions, guidelines, and manuals used to
determine the amounts paid to ambulance service providers under
Title XVIII of the Social Security Act (Medicare).
(b) For ambulance services provided to a recipient of aid
under this Article on or after January 1, 1996, the Illinois
Department shall reimburse ambulance service providers based
upon the actual distance traveled if a natural disaster,
weather conditions, road repairs, or traffic congestion
necessitates the use of a route other than the most direct
route.
(c) For purposes of this Section, "ambulance services"
includes medical transportation services provided by means of
an ambulance, medi-car, service car, or taxi.
(c-1) For purposes of this Section, "ground ambulance

service" means medical transportation services that are
described as ground ambulance services by the Centers for
Medicare and Medicaid Services and provided in a vehicle that
is licensed as an ambulance by the Illinois Department of
Public Health pursuant to the Emergency Medical Services (EMS)
Systems Act.
(c-2) For purposes of this Section, "ground ambulance
service provider" means a vehicle service provider as described
in the Emergency Medical Services (EMS) Systems Act that
operates licensed ambulances for the purpose of providing
emergency ambulance services, or non-emergency ambulance
services, or both. For purposes of this Section, this includes
both ambulance providers and ambulance suppliers as described
by the Centers for Medicare and Medicaid Services.
(d) This Section does not prohibit separate billing by
ambulance service providers for oxygen furnished while
providing advanced life support services.
(e) Beginning with services rendered on or after July 1,
2008, all providers of non-emergency medi-car and service car
transportation must certify that the driver and employee
attendant, as applicable, have completed a safety program
approved by the Department to protect both the patient and the
driver, prior to transporting a patient. The provider must
maintain this certification in its records. The provider shall
produce such documentation upon demand by the Department or its
representative. Failure to produce documentation of such

training shall result in recovery of any payments made by the
Department for services rendered by a non-certified driver or
employee attendant. Medi-car and service car providers must
maintain legible documentation in their records of the driver
and, as applicable, employee attendant that actually
transported the patient. Providers must recertify all drivers
and employee attendants every 3 years.
Notwithstanding the requirements above, any public
transportation provider of medi-car and service car
transportation that receives federal funding under 49 U.S.C.
5307 and 5311 need not certify its drivers and employee
attendants under this Section, since safety training is already
federally mandated.
(f) With respect to any policy or program administered by
the Department or its agent regarding approval of non-emergency
medical transportation by ground ambulance service providers,
including, but not limited to, the Non-Emergency
Transportation Services Prior Approval Program (NETSPAP), the
Department shall establish by rule a process by which ground
ambulance service providers of non-emergency medical
transportation may appeal any decision by the Department or its
agent for which no denial was received prior to the time of
transport that either (i) denies a request for approval for
payment of non-emergency transportation by means of ground
ambulance service or (ii) grants a request for approval of
non-emergency transportation by means of ground ambulance

service at a level of service that entitles the ground
ambulance service provider to a lower level of compensation
from the Department than the ground ambulance service provider
would have received as compensation for the level of service
requested. The rule shall be filed by December 15, 2012 and
shall provide that, for any decision rendered by the Department
or its agent on or after the date the rule takes effect, the
ground ambulance service provider shall have 60 days from the
date the decision is received to file an appeal. The rule
established by the Department shall be, insofar as is
practical, consistent with the Illinois Administrative
Procedure Act. The Director's decision on an appeal under this
Section shall be a final administrative decision subject to
review under the Administrative Review Law.
(f-5) (g) Beginning 90 days after July 20, 2012 (the
effective date of Public Act 97-842) this amendatory Act of the
97th General Assembly, (i) no denial of a request for approval
for payment of non-emergency transportation by means of ground
ambulance service, and (ii) no approval of non-emergency
transportation by means of ground ambulance service at a level
of service that entitles the ground ambulance service provider
to a lower level of compensation from the Department than would
have been received at the level of service submitted by the
ground ambulance service provider, may be issued by the
Department or its agent unless the Department has submitted the
criteria for determining the appropriateness of the transport

for first notice publication in the Illinois Register pursuant
to Section 5-40 of the Illinois Administrative Procedure Act.
(g) Whenever a patient covered by a medical assistance
program under this Code or by another medical program
administered by the Department is being discharged from a
facility, a physician discharge order as described in this
Section shall be required for each patient whose discharge
requires medically supervised ground ambulance services.
Facilities shall develop procedures for a physician with
medical staff privileges to provide a written and signed
physician discharge order. The physician discharge order shall
specify the level of ground ambulance services needed and
complete a medical certification establishing the criteria for
approval of non-emergency ambulance transportation, as
published by the Department of Healthcare and Family Services,
that is met by the patient. This order and the medical
certification shall be completed prior to ordering an ambulance
service and prior to patient discharge.
Pursuant to subsection (E) of Section 12-4.25 of this Code,
the Department is entitled to recover overpayments paid to a
provider or vendor, including, but not limited to, from the
discharging physician, the discharging facility, and the
ground ambulance service provider, in instances where a
non-emergency ground ambulance service is rendered as the
result of improper or false certification.
(h) On and after July 1, 2012, the Department shall reduce

any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
(Source: P.A. 97-584, eff. 8-26-11; 97-689, eff. 6-14-12;
97-842, eff. 7-20-12; revised 8-3-12.)
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing home,
or elsewhere; (6) medical care, or any other type of remedial
care furnished by licensed practitioners; (7) home health care
services; (8) private duty nursing service; (9) clinic
services; (10) dental services, including prevention and
treatment of periodontal disease and dental caries disease for
pregnant women, provided by an individual licensed to practice
dentistry or dental surgery; for purposes of this item (10),
"dental services" means diagnostic, preventive, or corrective
procedures provided by or under the supervision of a dentist in

the practice of his or her profession; (11) physical therapy
and related services; (12) prescribed drugs, dentures, and
prosthetic devices; and eyeglasses prescribed by a physician
skilled in the diseases of the eye, or by an optometrist,
whichever the person may select; (13) other diagnostic,
screening, preventive, and rehabilitative services, including
to ensure that the individual's need for intervention or
treatment of mental disorders or substance use disorders or
co-occurring mental health and substance use disorders is
determined using a uniform screening, assessment, and
evaluation process inclusive of criteria, for children and
adults; for purposes of this item (13), a uniform screening,
assessment, and evaluation process refers to a process that
includes an appropriate evaluation and, as warranted, a
referral; "uniform" does not mean the use of a singular
instrument, tool, or process that all must utilize; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the sexual
assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and
treatment of sickle cell anemia; and (17) any other medical
care, and any other type of remedial care recognized under the
laws of this State, but not including abortions, or induced

miscarriages or premature births, unless, in the opinion of a
physician, such procedures are necessary for the preservation
of the life of the woman seeking such treatment, or except an
induced premature birth intended to produce a live viable child
and such procedure is necessary for the health of the mother or
her unborn child. The Illinois Department, by rule, shall
prohibit any physician from providing medical assistance to
anyone eligible therefor under this Code where such physician
has been found guilty of performing an abortion procedure in a
wilful and wanton manner upon a woman who was not pregnant at
the time such abortion procedure was performed. The term "any
other type of remedial care" shall include nursing care and
nursing home service for persons who rely on treatment by
spiritual means alone through prayer for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose

other appropriate requirements regarding laboratory test order
documentation.
On and after July 1, 2012, the Department of Healthcare and
Family Services may provide the following services to persons
eligible for assistance under this Article who are
participating in education, training or employment programs
operated by the Department of Human Services as successor to
the Department of Public Aid:
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in the
diseases of the eye, or by an optometrist, whichever the
person may select.
Notwithstanding any other provision of this Code and
subject to federal approval, the Department may adopt rules to
allow a dentist who is volunteering his or her service at no
cost to render dental services through an enrolled
not-for-profit health clinic without the dentist personally
enrolling as a participating provider in the medical assistance
program. A not-for-profit health clinic shall include a public
health clinic or Federally Qualified Health Center or other
enrolled provider, as determined by the Department, through
which dental services covered under this Section are performed.
The Department shall establish a process for payment of claims
for reimbursement for covered dental services rendered under
this provision.

The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in accordance
with the classes of persons designated in Section 5-2.
The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)
short bowel syndrome when the prescribing physician has issued
a written order stating that the amino acid-based elemental
formula is medically necessary.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for women
35 years of age or older who are eligible for medical
assistance under this Article, as follows:
(A) A baseline mammogram for women 35 to 39 years of
age.
(B) An annual mammogram for women 40 years of age or
older.
(C) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider for
women under 40 years of age and having a family history of
breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(D) A comprehensive ultrasound screening of an entire
breast or breasts if a mammogram demonstrates

heterogeneous or dense breast tissue, when medically
necessary as determined by a physician licensed to practice
medicine in all of its branches.
All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool. For purposes of this Section, "low-dose mammography"
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per
breast for 2 views of an average size breast. The term also
includes digital mammography.
On and after January 1, 2012, providers participating in a
quality improvement program approved by the Department shall be
reimbursed for screening and diagnostic mammography at the same
rate as the Medicare program's rates, including the increased
reimbursement for digital mammography.
The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography
facilities, and doctors, including radiologists, to establish
quality standards.
Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other

hospital-based mammography facilities.
The Department shall establish a methodology to remind
women who are age-appropriate for screening mammography, but
who have not received a mammogram within the previous 18
months, of the importance and benefit of screening mammography.
The Department shall establish a performance goal for
primary care providers with respect to their female patients
over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers
who meet that goal.
The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot program
in areas of the State with the highest incidence of mortality
related to breast cancer. At least one pilot program site shall
be in the metropolitan Chicago area and at least one site shall
be outside the metropolitan Chicago area. An evaluation of the
pilot program shall be carried out measuring health outcomes
and cost of care for those served by the pilot program compared
to similarly situated patients who are not served by the pilot
program.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided prenatal
services and is suspected of drug abuse or is addicted as
defined in the Alcoholism and Other Drug Abuse and Dependency

Act, referral to a local substance abuse treatment provider
licensed by the Department of Human Services or to a licensed
hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department of
Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under the Drug
Free Families with a Future or any comparable program providing
case management services for addicted women, including
information on appropriate referrals for other social services
that may be needed by addicted women in addition to treatment
for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through a
public awareness campaign, may provide information concerning
treatment for alcoholism and drug abuse and addiction, prenatal
health care, and other pertinent programs directed at reducing
the number of drug-affected infants born to recipients of
medical assistance.
Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the

recipient solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration projects
in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by rule,
shall develop qualifications for sponsors of Partnerships.
Nothing in this Section shall be construed to require that the
sponsor organization be a medical organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse

medical services delivered by Partnership providers to clients
in target areas according to provisions of this Article and the
Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by the
Partnership may receive an additional surcharge for such
services.
(2) The Department may elect to consider and negotiate
financial incentives to encourage the development of
Partnerships and the efficient delivery of medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical

services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that provided
services may be accessed from therapeutically certified
optometrists to the full extent of the Illinois Optometric
Practice Act of 1987 without discriminating between service
providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance under
this Article. Such records must be retained for a period of not
less than 6 years from the date of service or as provided by
applicable State law, whichever period is longer, except that
if an audit is initiated within the required retention period
then the records must be retained until the audit is completed
and every exception is resolved. The Illinois Department shall
require health care providers to make available, when
authorized by the patient, in writing, the medical records in a
timely fashion to other health care providers who are treating
or serving persons eligible for Medical Assistance under this
Article. All dispensers of medical services shall be required
to maintain and retain business and professional records
sufficient to fully and accurately document the nature, scope,

details and receipt of the health care provided to persons
eligible for medical assistance under this Code, in accordance
with regulations promulgated by the Illinois Department. The
rules and regulations shall require that proof of the receipt
of prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of such
medical services. No such claims for reimbursement shall be
approved for payment by the Illinois Department without such
proof of receipt, unless the Illinois Department shall have put
into effect and shall be operating a system of post-payment
audit and review which shall, on a sampling basis, be deemed
adequate by the Illinois Department to assure that such drugs,
dentures, prosthetic devices and eyeglasses for which payment
is being made are actually being received by eligible
recipients. Within 90 days after the effective date of this
amendatory Act of 1984, the Illinois Department shall establish
a current list of acquisition costs for all prosthetic devices
and any other items recognized as medical equipment and
supplies reimbursable under this Article and shall update such
list on a quarterly basis, except that the acquisition costs of
all prescription drugs shall be updated no less frequently than
every 30 days as required by Section 5-5.12.
The rules and regulations of the Illinois Department shall
require that a written statement including the required opinion
of a physician shall accompany any claim for reimbursement for

abortions, or induced miscarriages or premature births. This
statement shall indicate what procedures were used in providing
such medical services.
The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the Medical
Assistance program established under this Article to disclose
all financial, beneficial, ownership, equity, surety or other
interests in any and all firms, corporations, partnerships,
associations, business enterprises, joint ventures, agencies,
institutions or other legal entities providing any form of
health care services in this State under this Article.
The Illinois Department may require that all dispensers of
medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department may
by rule establish, all inquiries from clients and attorneys
regarding medical bills paid by the Illinois Department, which
inquiries could indicate potential existence of claims or liens
for the Illinois Department.
Enrollment of a vendor shall be subject to a provisional
period and shall be conditional for one year. During the period
of conditional enrollment, the Department may terminate the
vendor's eligibility to participate in, or may disenroll the
vendor from, the medical assistance program without cause.
Unless otherwise specified, such termination of eligibility or

disenrollment is not subject to the Department's hearing
process. However, a disenrolled vendor may reapply without
penalty.
The Department has the discretion to limit the conditional
enrollment period for vendors based upon category of risk of
the vendor.
Prior to enrollment and during the conditional enrollment
period in the medical assistance program, all vendors shall be
subject to enhanced oversight, screening, and review based on
the risk of fraud, waste, and abuse that is posed by the
category of risk of the vendor. The Illinois Department shall
establish the procedures for oversight, screening, and review,
which may include, but need not be limited to: criminal and
financial background checks; fingerprinting; license,
certification, and authorization verifications; unscheduled or
unannounced site visits; database checks; prepayment audit
reviews; audits; payment caps; payment suspensions; and other
screening as required by federal or State law.
The Department shall define or specify the following: (i)
by provider notice, the "category of risk of the vendor" for
each type of vendor, which shall take into account the level of
screening applicable to a particular category of vendor under
federal law and regulations; (ii) by rule or provider notice,
the maximum length of the conditional enrollment period for
each category of risk of the vendor; and (iii) by rule, the
hearing rights, if any, afforded to a vendor in each category

of risk of the vendor that is terminated or disenrolled during
the conditional enrollment period.
To be eligible for payment consideration, a vendor's
payment claim or bill, either as an initial claim or as a
resubmitted claim following prior rejection, must be received
by the Illinois Department, or its fiscal intermediary, no
later than 180 days after the latest date on the claim on which
medical goods or services were provided, with the following
exceptions:
(1) In the case of a provider whose enrollment is in
process by the Illinois Department, the 180-day period
shall not begin until the date on the written notice from
the Illinois Department that the provider enrollment is
complete.
(2) In the case of errors attributable to the Illinois
Department or any of its claims processing intermediaries
which result in an inability to receive, process, or
adjudicate a claim, the 180-day period shall not begin
until the provider has been notified of the error.
(3) In the case of a provider for whom the Illinois
Department initiates the monthly billing process.
For claims for services rendered during a period for which
a recipient received retroactive eligibility, claims must be
filed within 180 days after the Department determines the
applicant is eligible. For claims for which the Illinois
Department is not the primary payer, claims must be submitted

to the Illinois Department within 180 days after the final
adjudication by the primary payer.
In the case of long term care facilities, admission
documents shall be submitted within 30 days of an admission to
the facility through the Medical Electronic Data Interchange
(MEDI) or the Recipient Eligibility Verification (REV) System,
or shall be submitted directly to the Department of Human
Services using required admission forms. Confirmation numbers
assigned to an accepted transaction shall be retained by a
facility to verify timely submittal. Once an admission
transaction has been completed, all resubmitted claims
following prior rejection are subject to receipt no later than
180 days after the admission transaction has been completed.
Claims that are not submitted and received in compliance
with the foregoing requirements shall not be eligible for
payment under the medical assistance program, and the State
shall have no liability for payment of those claims.
To the extent consistent with applicable information and
privacy, security, and disclosure laws, State and federal
agencies and departments shall provide the Illinois Department
access to confidential and other information and data necessary
to perform eligibility and payment verifications and other
Illinois Department functions. This includes, but is not
limited to: information pertaining to licensure;
certification; earnings; immigration status; citizenship; wage
reporting; unearned and earned income; pension income;

employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the
National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
The Illinois Department shall enter into agreements with
State agencies and departments, and is authorized to enter into
agreements with federal agencies and departments, under which
such agencies and departments shall share data necessary for
medical assistance program integrity functions and oversight.
The Illinois Department shall develop, in cooperation with
other State departments and agencies, and in compliance with
applicable federal laws and regulations, appropriate and
effective methods to share such data. At a minimum, and to the
extent necessary to provide data sharing, the Illinois
Department shall enter into agreements with State agencies and
departments, and is authorized to enter into agreements with
federal agencies and departments, including but not limited to:
the Secretary of State; the Department of Revenue; the
Department of Public Health; the Department of Human Services;
and the Department of Financial and Professional Regulation.
Beginning in fiscal year 2013, the Illinois Department
shall set forth a request for information to identify the
benefits of a pre-payment, post-adjudication, and post-edit
claims system with the goals of streamlining claims processing
and provider reimbursement, reducing the number of pending or

rejected claims, and helping to ensure a more transparent
adjudication process through the utilization of: (i) provider
data verification and provider screening technology; and (ii)
clinical code editing; and (iii) pre-pay, pre- or
post-adjudicated predictive modeling with an integrated case
management system with link analysis. Such a request for
information shall not be considered as a request for proposal
or as an obligation on the part of the Illinois Department to
take any action or acquire any products or services.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the acquisition,
repair and replacement of orthotic and prosthetic devices and
durable medical equipment. Such rules shall provide, but not be
limited to, the following services: (1) immediate repair or
replacement of such devices by recipients; and (2) rental,
lease, purchase or lease-purchase of durable medical equipment
in a cost-effective manner, taking into consideration the
recipient's medical prognosis, the extent of the recipient's
needs, and the requirements and costs for maintaining such
equipment. Subject to prior approval, such rules shall enable a
recipient to temporarily acquire and use alternative or
substitute devices or equipment pending repairs or
replacements of any device or equipment previously authorized
for such recipient by the Department.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the

Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the State
where they are not currently available or are undeveloped; and
(iii) notwithstanding any other provision of law, subject to
federal approval, on and after July 1, 2012, an increase in the
determination of need (DON) scores from 29 to 37 for applicants
for institutional and home and community-based long term care;
if and only if federal approval is not granted, the Department
may, in conjunction with other affected agencies, implement
utilization controls or changes in benefit packages to
effectuate a similar savings amount for this population; and
(iv) no later than July 1, 2013, minimum level of care
eligibility criteria for institutional and home and
community-based long term care. In order to select the minimum
level of care eligibility criteria, the Governor shall
establish a workgroup that includes affected agency
representatives and stakeholders representing the
institutional and home and community-based long term care
interests. This Section shall not restrict the Department from
implementing lower level of care eligibility criteria for
community-based services in circumstances where federal
approval has been granted.
The Illinois Department shall develop and operate, in

cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation and
programs for monitoring of utilization of health care services
and facilities, as it affects persons eligible for medical
assistance under this Code.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and
(d) efforts at utilization review and control by the
Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The filing of one copy of the report with the
Speaker, one copy with the Minority Leader and one copy with
the Clerk of the House of Representatives, one copy with the
President, one copy with the Minority Leader and one copy with
the Secretary of the Senate, one copy with the Legislative
Research Unit, and such additional copies with the State

Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act shall be deemed sufficient to comply with this
Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of
reimbursement for services or other payments in accordance with
Section 5-5e.
(Source: P.A. 96-156, eff. 1-1-10; 96-806, eff. 7-1-10; 96-926,
eff. 1-1-11; 96-1000, eff. 7-2-10; 97-48, eff. 6-28-11; 97-638,
eff. 1-1-12; 97-689, eff. 6-14-12; 97-1061, eff. 8-24-12;
revised 9-20-12.)
(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 review utilization of narcotic
medications in the medical assistance program and impose
utilization controls that protect against abuse.
(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) 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 or to

a resident of a facility licensed under the ID/DD Community
Care Act, 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 or to a resident of a facility licensed
under the ID/DD Community Care Act, 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.
(g) The Department may by rule provide for reimbursement of
the dispensing of a 90-day supply of a generic or brand name,
non-narcotic maintenance medication in circumstances where it
is cost effective.
(g-5) On and after July 1, 2012, the Department may require
the dispensing of drugs to nursing home residents be in a 7-day
supply or other amount less than a 31-day supply. The
Department shall pay only one dispensing fee per 31-day supply.
(h) Effective July 1, 2011, the Department shall
discontinue coverage of select over-the-counter drugs,
including analgesics and cough and cold and allergy
medications.
(h-5) On and after July 1, 2012, the Department shall
impose utilization controls, including, but not limited to,

prior approval on specialty drugs, oncolytic drugs, drugs for
the treatment of HIV or AIDS, immunosuppressant drugs, and
biological products in order to maximize savings on these
drugs. The Department may adjust payment methodologies for
non-pharmacy billed drugs in order to incentivize the selection
of lower-cost drugs. For drugs for the treatment of AIDS, the
Department shall take into consideration the potential for
non-adherence by certain populations, and shall develop
protocols with organizations or providers primarily serving
those with HIV/AIDS, as long as such measures intend to
maintain cost neutrality with other utilization management
controls such as prior approval. For hemophilia, the Department
shall develop a program of utilization review and control which
may include, in the discretion of the Department, prior
approvals. The Department may impose special standards on
providers that dispense blood factors which shall include, in
the discretion of the Department, staff training and education;
patient outreach and education; case management; in-home
patient assessments; assay management; maintenance of stock;
emergency dispensing timeframes; data collection and
reporting; dispensing of supplies related to blood factor
infusions; cold chain management and packaging practices; care
coordination; product recalls; and emergency clinical
consultation. The Department may require patients to receive a
comprehensive examination annually at an appropriate provider
in order to be eligible to continue to receive blood factor.

(i) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
(i) (Blank).
(j) On and after July 1, 2012, the Department shall impose
limitations on prescription drugs such that the Department
shall not provide reimbursement for more than 4 prescriptions,
including 3 brand name prescriptions, for distinct drugs in a
30-day period, unless prior approval is received for all
prescriptions in excess of the 4-prescription limit. Drugs in
the following therapeutic classes shall not be subject to prior
approval as a result of the 4-prescription limit:
immunosuppressant drugs, oncolytic drugs, and anti-retroviral
drugs.
(k) No medication therapy management program implemented
by the Department shall be contrary to the provisions of the
Pharmacy Practice Act.
(l) Any provider enrolled with the Department that bills
the Department for outpatient drugs and is eligible to enroll
in the federal Drug Pricing Program under Section 340B of the
federal Public Health Services Act shall enroll in that
program. No entity participating in the federal Drug Pricing
Program under Section 340B of the federal Public Health
Services Act may exclude Medicaid from their participation in

that program, although the Department may exclude entities
defined in Section 1905(l)(2)(B) of the Social Security Act
from this requirement.
(Source: P.A. 96-1269, eff. 7-26-10; 96-1372, eff. 7-29-10;
96-1501, eff. 1-25-11; 97-38, eff. 6-28-11; 97-74, eff.
6-30-11; 97-333, eff. 8-12-11; 97-426, eff. 1-1-12; 97-689,
eff. 6-14-12; 97-813, eff. 7-13-12; revised 8-3-12.)
(305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5)
Sec. 5A-5. Notice; penalty; maintenance of records.
(a) The Illinois Department shall send a notice of
assessment to every hospital provider subject to assessment
under this Article. The notice of assessment shall notify the
hospital of its assessment and shall be sent after receipt by
the Department of notification from the Centers for Medicare
and Medicaid Services of the U.S. Department of Health and
Human Services that the payment methodologies required under
this Article and, if necessary, the waiver granted under 42 CFR
433.68 have been approved. The notice shall be on a form
prepared by the Illinois Department and shall state the
following:
(1) The name of the hospital provider.
(2) The address of the hospital provider's principal
place of business from which the provider engages in the
occupation of hospital provider in this State, and the name
and address of each hospital operated, conducted, or

maintained by the provider in this State.
(3) The occupied bed days, occupied bed days less
Medicare days, adjusted gross hospital revenue, or
outpatient gross revenue of the hospital provider
(whichever is applicable), the amount of assessment
imposed under Section 5A-2 for the State fiscal year for
which the notice is sent, and the amount of each
installment to be paid during the State fiscal year.
(4) (Blank).
(5) Other reasonable information as determined by the
Illinois Department.
(b) If a hospital provider conducts, operates, or maintains
more than one hospital licensed by the Illinois Department of
Public Health, the provider shall pay the assessment for each
hospital separately.
(c) Notwithstanding any other provision in this Article, in
the case of a person who ceases to conduct, operate, or
maintain a hospital in respect of which the person is subject
to assessment under this Article as a hospital provider, the
assessment for the State fiscal year in which the cessation
occurs shall be adjusted by multiplying the assessment computed
under Section 5A-2 by a fraction, the numerator of which is the
number of days in the year during which the provider conducts,
operates, or maintains the hospital and the denominator of
which is 365. Immediately upon ceasing to conduct, operate, or
maintain a hospital, the person shall pay the assessment for

the year as so adjusted (to the extent not previously paid).
(d) Notwithstanding any other provision in this Article, a
provider who commences conducting, operating, or maintaining a
hospital, upon notice by the Illinois Department, shall pay the
assessment computed under Section 5A-2 and subsection (e) in
installments on the due dates stated in the notice and on the
regular installment due dates for the State fiscal year
occurring after the due dates of the initial notice.
(e) Notwithstanding any other provision in this Article,
for State fiscal years 2009 through 2014 2015, in the case of a
hospital provider that did not conduct, operate, or maintain a
hospital in 2005, the assessment for that State fiscal year
shall be computed on the basis of hypothetical occupied bed
days for the full calendar year as determined by the Illinois
Department. Notwithstanding any other provision in this
Article, for State fiscal years 2013 through 2014, and for July
1, 2014 through December 31, 2014, in the case of a hospital
provider that did not conduct, operate, or maintain a hospital
in 2009, the assessment under subsection (b-5) of Section 5A-2
for that State fiscal year shall be computed on the basis of
hypothetical gross outpatient revenue for the full calendar
year as determined by the Illinois Department.
(f) Every hospital provider subject to assessment under
this Article shall keep sufficient records to permit the
determination of adjusted gross hospital revenue for the
hospital's fiscal year. All such records shall be kept in the

English language and shall, at all times during regular
business hours of the day, be subject to inspection by the
Illinois Department or its duly authorized agents and
employees.
(g) The Illinois Department may, by rule, provide a
hospital provider a reasonable opportunity to request a
clarification or correction of any clerical or computational
errors contained in the calculation of its assessment, but such
corrections shall not extend to updating the cost report
information used to calculate the assessment.
(h) (Blank).
(Source: P.A. 96-1530, eff. 2-16-11; 97-688, eff. 6-14-12;
97-689, eff. 6-14-12; revised 10-17-12.)
(305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
Sec. 5A-8. Hospital Provider Fund.
(a) There is created in the State Treasury the Hospital
Provider Fund. Interest earned by the Fund shall be credited to
the Fund. The Fund shall not be used to replace any moneys
appropriated to the Medicaid program by the General Assembly.
(b) The Fund is created for the purpose of receiving moneys
in accordance with Section 5A-6 and disbursing moneys only for
the following purposes, notwithstanding any other provision of
law:
(1) For making payments to hospitals as required under
this Code, under the Children's Health Insurance Program

Act, under the Covering ALL KIDS Health Insurance Act, and
under the Long Term Acute Care Hospital Quality Improvement
Transfer Program Act.
(2) For the reimbursement of moneys collected by the
Illinois Department from hospitals or hospital providers
through error or mistake in performing the activities
authorized under this Code.
(3) For payment of administrative expenses incurred by
the Illinois Department or its agent in performing
activities under this Code, under the Children's Health
Insurance Program Act, under the Covering ALL KIDS Health
Insurance Act, and under the Long Term Acute Care Hospital
Quality Improvement Transfer Program Act.
(4) For payments of any amounts which are reimbursable
to the federal government for payments from this Fund which
are required to be paid by State warrant.
(5) For making transfers, as those transfers are
authorized in the proceedings authorizing debt under the
Short Term Borrowing Act, but transfers made under this
paragraph (5) shall not exceed the principal amount of debt
issued in anticipation of the receipt by the State of
moneys to be deposited into the Fund.
(6) For making transfers to any other fund in the State
treasury, but transfers made under this paragraph (6) shall
not exceed the amount transferred previously from that
other fund into the Hospital Provider Fund plus any

interest that would have been earned by that fund on the
monies that had been transferred.
(6.5) For making transfers to the Healthcare Provider
Relief Fund, except that transfers made under this
paragraph (6.5) shall not exceed $60,000,000 in the
aggregate.
(7) For making transfers not exceeding the following
amounts, in State fiscal years 2013 and 2014 in each State
fiscal year during which an assessment is imposed pursuant
to Section 5A-2, to the following designated funds:
Health and Human Services Medicaid Trust
Fund..............................$20,000,000
Long-Term Care Provider Fund..........$30,000,000
General Revenue Fund.................$80,000,000.
Transfers under this paragraph shall be made within 7 days
after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(7.1) For making transfers not exceeding the following
amounts, in State fiscal year 2015, to the following
designated funds:
Health and Human Services Medicaid Trust
Fund..............................$10,000,000
Long-Term Care Provider Fund..........$15,000,000
General Revenue Fund.................$40,000,000.
Transfers under this paragraph shall be made within 7 days

after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(7.5) (Blank).
(7.8) (Blank).
(7.9) (Blank).
(7.10) For State fiscal years 2013 and 2014, for making
transfers of the moneys resulting from the assessment under
subsection (b-5) of Section 5A-2 and received from hospital
providers under Section 5A-4 and transferred into the
Hospital Provider Fund under Section 5A-6 to the designated
funds not exceeding the following amounts in that State
fiscal year:
Health Care Provider Relief Fund......$50,000,000
Transfers under this paragraph shall be made within 7
days after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(7.11) For State fiscal year 2015, for making transfers
of the moneys resulting from the assessment under
subsection (b-5) of Section 5A-2 and received from hospital
providers under Section 5A-4 and transferred into the
Hospital Provider Fund under Section 5A-6 to the designated
funds not exceeding the following amounts in that State
fiscal year:
Health Care Provider Relief Fund.....$25,000,000

Transfers under this paragraph shall be made within 7
days after the payments have been received pursuant to the
schedule of payments provided in subsection (a) of Section
5A-4.
(8) For making refunds to hospital providers pursuant
to Section 5A-10.
Disbursements from the Fund, other than transfers
authorized under paragraphs (5) and (6) of this subsection,
shall be by warrants drawn by the State Comptroller upon
receipt of vouchers duly executed and certified by the Illinois
Department.
(c) The Fund shall consist of the following:
(1) All moneys collected or received by the Illinois
Department from the hospital provider assessment imposed
by this Article.
(2) All federal matching funds received by the Illinois
Department as a result of expenditures made by the Illinois
Department that are attributable to moneys deposited in the
Fund.
(3) Any interest or penalty levied in conjunction with
the administration of this Article.
(4) Moneys transferred from another fund in the State
treasury.
(5) All other moneys received for the Fund from any
other source, including interest earned thereon.
(d) (Blank).

(Source: P.A. 96-3, eff. 2-27-09; 96-45, eff. 7-15-09; 96-821,
eff. 11-20-09; 96-1530, eff. 2-16-11; 97-688, eff. 6-14-12;
97-689, eff. 6-14-12; revised 10-17-12.)
(305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10)
Sec. 5A-10. Applicability.
(a) The assessment imposed by subsection (a) of Section
5A-2 shall cease to be imposed and the Department's obligation
to make payments shall immediately cease, and any moneys
remaining in the Fund shall be refunded to hospital providers
in proportion to the amounts paid by them, if:
(1) The payments to hospitals required under this
Article are not eligible for federal matching funds under
Title XIX or XXI of the Social Security Act;
(2) For State fiscal years 2009 through 2014, and July
1, 2014 through December 31, 2014, the Department of
Healthcare and Family Services adopts any administrative
rule change to reduce payment rates or alters any payment
methodology that reduces any payment rates made to
operating hospitals under the approved Title XIX or Title
XXI State plan in effect January 1, 2008 except for:
(A) any changes for hospitals described in
subsection (b) of Section 5A-3;
(B) any rates for payments made under this Article
V-A;
(C) any changes proposed in State plan amendment

transmittal numbers 08-01, 08-02, 08-04, 08-06, and
08-07;
(D) in relation to any admissions on or after
January 1, 2011, a modification in the methodology for
calculating outlier payments to hospitals for
exceptionally costly stays, for hospitals reimbursed
under the diagnosis-related grouping methodology in
effect on July 1, 2011 January 1, 2011; provided that
the Department shall be limited to one such
modification during the 36-month period after the
effective date of this amendatory Act of the 96th
General Assembly; or
(E) any changes affecting hospitals authorized by
Public Act 97-689 this amendatory Act of the 97th
General Assembly.
(b) The assessment imposed by Section 5A-2 shall not take
effect or shall cease to be imposed, and the Department's
obligation to make payments shall immediately cease, if the
assessment is determined to be an impermissible tax under Title
XIX of the Social Security Act. Moneys in the Hospital Provider
Fund derived from assessments imposed prior thereto shall be
disbursed in accordance with Section 5A-8 to the extent federal
financial participation is not reduced due to the
impermissibility of the assessments, and any remaining moneys
shall be refunded to hospital providers in proportion to the
amounts paid by them.

(c) The assessments imposed by subsection (b-5) of Section
5A-2 shall not take effect or shall cease to be imposed, the
Department's obligation to make payments shall immediately
cease, and any moneys remaining in the Fund shall be refunded
to hospital providers in proportion to the amounts paid by
them, if the payments to hospitals required under Section
5A-12.4 are not eligible for federal matching funds under Title
XIX of the Social Security Act.
(d) The assessments imposed by Section 5A-2 shall not take
effect or shall cease to be imposed, the Department's
obligation to make payments shall immediately cease, and any
moneys remaining in the Fund shall be refunded to hospital
providers in proportion to the amounts paid by them, if:
(1) for State fiscal years 2013 through 2014, and July
1, 2014 through December 31, 2014, the Department reduces
any payment rates to hospitals as in effect on May 1, 2012,
or alters any payment methodology as in effect on May 1,
2012, that has the effect of reducing payment rates to
hospitals, except for any changes affecting hospitals
authorized in Public Act 97-689 Senate Bill 2840 of the
97th General Assembly in the form in which it becomes law,
and except for any changes authorized under Section 5A-15;
or
(2) for State fiscal years 2013 through 2014, and July
1, 2014 through December 31, 2014, the Department reduces
any supplemental payments made to hospitals below the

amounts paid for services provided in State fiscal year
2011 as implemented by administrative rules adopted and in
effect on or prior to June 30, 2011, except for any changes
affecting hospitals authorized in Public Act 97-689 Senate
Bill 2840 of the 97th General Assembly in the form in which
it becomes law, and except for any changes authorized under
Section 5A-15.
(Source: P.A. 96-8, eff. 4-28-09; 96-1530, eff. 2-16-11; 97-72,
eff. 7-1-11; 97-74, eff. 6-30-11; 97-688, eff. 6-14-12; 97-689,
eff. 6-14-12; revised 10-17-12.)
(305 ILCS 5/5A-12.4)
(Section scheduled to be repealed on January 1, 2015)
Sec. 5A-12.4. Hospital access improvement payments on or
after July 1, 2012.
(a) Hospital access improvement payments. To preserve and
improve access to hospital services, for hospital and physician
services rendered on or after July 1, 2012, the Illinois
Department shall, except for hospitals described in subsection
(b) of Section 5A-3, make payments to hospitals as set forth in
this Section. These payments shall be paid in 12 equal
installments on or before the 7th State business day of each
month, except that no payment shall be due within 100 days
after the later of the date of notification of federal approval
of the payment methodologies required under this Section or any
waiver required under 42 CFR 433.68, at which time the sum of

amounts required under this Section prior to the date of
notification is due and payable. Payments under this Section
are not due and payable, however, until (i) the methodologies
described in this Section are approved by the federal
government in an appropriate State Plan amendment and (ii) the
assessment imposed under subsection (b-5) of Section 5A-2 of
this Article is determined to be a permissible tax under Title
XIX of the Social Security Act. The Illinois Department shall
take all actions necessary to implement the payments under this
Section effective July 1, 2012, including but not limited to
providing public notice pursuant to federal requirements, the
filing of a State Plan amendment, and the adoption of
administrative rules.
(a-5) Accelerated schedule. The Illinois Department may,
when practicable, accelerate the schedule upon which payments
authorized under this Section are made.
(b) Magnet and perinatal hospital adjustment. In addition
to rates paid for inpatient hospital services, the Department
shall pay to each Illinois general acute care hospital that, as
of August 25, 2011, was recognized as a Magnet hospital by the
American Nurses Credentialing Center and that, as of September
14, 2011, was designated as a level III perinatal center
amounts as follows:
(1) For hospitals with a case mix index equal to or
greater than the 80th percentile of case mix indices for
all Illinois hospitals, $470 for each Medicaid general

acute care inpatient day of care provided by the hospital
during State fiscal year 2009.
(2) For all other hospitals, $170 for each Medicaid
general acute care inpatient day of care provided by the
hospital during State fiscal year 2009.
(c) Trauma level II adjustment. In addition to rates paid
for inpatient hospital services, the Department shall pay to
each Illinois general acute care hospital that, as of July 1,
2011, was designated as a level II trauma center amounts as
follows:
(1) For hospitals with a case mix index equal to or
greater than the 50th percentile of case mix indices for
all Illinois hospitals, $470 for each Medicaid general
acute care inpatient day of care provided by the hospital
during State fiscal year 2009.
(2) For all other hospitals, $170 for each Medicaid
general acute care inpatient day of care provided by the
hospital during State fiscal year 2009.
(3) For the purposes of this adjustment, hospitals
located in the same city that alternate their trauma center
designation as defined in 89 Ill. Adm. Code 148.295(a)(2)
shall have the adjustment provided under this Section
divided between the 2 hospitals.
(d) Dual-eligible adjustment. In addition to rates paid for
inpatient services, the Department shall pay each Illinois
general acute care hospital that had a ratio of crossover days

to total inpatient days for programs under Title XIX of the
Social Security Act administered by the Department (utilizing
information from 2009 paid claims) greater than 50%, and a case
mix index equal to or greater than the 75th percentile of case
mix indices for all Illinois hospitals, a rate of $400 for each
Medicaid inpatient day during State fiscal year 2009 including
crossover days.
(e) Medicaid volume adjustment. In addition to rates paid
for inpatient hospital services, the Department shall pay to
each Illinois general acute care hospital that provided more
than 10,000 Medicaid inpatient days of care in State fiscal
year 2009, has a Medicaid inpatient utilization rate of at
least 29.05% as calculated by the Department for the Rate Year
2011 Disproportionate Share determination, and is not eligible
for Medicaid Percentage Adjustment payments in rate year 2011
an amount equal to $135 for each Medicaid inpatient day of care
provided during State fiscal year 2009.
(f) Outpatient service adjustment. In addition to the rates
paid for outpatient hospital services, the Department shall pay
each Illinois hospital an amount at least equal to $100
multiplied by the hospital's outpatient ambulatory procedure
listing services (excluding categories 3B and 3C) and by the
hospital's end stage renal disease treatment services provided
for State fiscal year 2009.
(g) Ambulatory service adjustment.
(1) In addition to the rates paid for outpatient

hospital services provided in the emergency department,
the Department shall pay each Illinois hospital an amount
equal to $105 multiplied by the hospital's outpatient
ambulatory procedure listing services for categories 3A,
3B, and 3C for State fiscal year 2009.
(2) In addition to the rates paid for outpatient
hospital services, the Department shall pay each Illinois
freestanding psychiatric hospital an amount equal to $200
multiplied by the hospital's ambulatory procedure listing
services for category 5A for State fiscal year 2009.
(h) Specialty hospital adjustment. In addition to the rates
paid for outpatient hospital services, the Department shall pay
each Illinois long term acute care hospital and each Illinois
hospital devoted exclusively to the treatment of cancer, an
amount equal to $700 multiplied by the hospital's outpatient
ambulatory procedure listing services and by the hospital's end
stage renal disease treatment services (including services
provided to individuals eligible for both Medicaid and
Medicare) provided for State fiscal year 2009.
(h-1) ER Safety Net Payments. In addition to rates paid for
outpatient services, the Department shall pay to each Illinois
general acute care hospital with an emergency room ratio equal
to or greater than 55%, that is not eligible for Medicaid
percentage adjustments payments in rate year 2011, with a case
mix index equal to or greater than the 20th percentile, and
that is not designated as a trauma center by the Illinois

Department of Public Health on July 1, 2011, as follows:
(1) Each hospital with an emergency room ratio equal to
or greater than 74% shall receive a rate of $225 for each
outpatient ambulatory procedure listing and end-stage
renal disease treatment service provided for State fiscal
year 2009.
(2) For all other hospitals, $65 shall be paid for each
outpatient ambulatory procedure listing and end-stage
renal disease treatment service provided for State fiscal
year 2009.
(i) Physician supplemental adjustment. In addition to the
rates paid for physician services, the Department shall make an
adjustment payment for services provided by physicians as
follows:
(1) Physician services eligible for the adjustment
payment are those provided by physicians employed by or who
have a contract to provide services to patients of the
following hospitals: (i) Illinois general acute care
hospitals that provided at least 17,000 Medicaid inpatient
days of care in State fiscal year 2009 and are eligible for
Medicaid Percentage Adjustment Payments in rate year 2011;
and (ii) Illinois freestanding children's hospitals, as
defined in 89 Ill. Adm. Code 149.50(c)(3)(A).
(2) The amount of the adjustment for each eligible
hospital under this subsection (i) shall be determined by
rule by the Department to spend a total pool of at least

$6,960,000 annually. This pool shall be allocated among the
eligible hospitals based on the difference between the
upper payment limit for what could have been paid under
Medicaid for physician services provided during State
fiscal year 2009 by physicians employed by or who had a
contract with the hospital and the amount that was paid
under Medicaid for such services, provided however, that in
no event shall physicians at any individual hospital
collectively receive an annual, aggregate adjustment in
excess of $435,000, except that any amount that is not
distributed to a hospital because of the upper payment
limit shall be reallocated among the remaining eligible
hospitals that are below the upper payment limitation, on a
proportionate basis.
(i-5) For any children's hospital which did not charge for
its services during the base period, the Department shall use
data supplied by the hospital to determine payments using
similar methodologies for freestanding children's hospitals
under this Section or Section 5A-12.2 12.2.
(j) For purposes of this Section, a hospital that is
enrolled to provide Medicaid services during State fiscal year
2009 shall have its utilization and associated reimbursements
annualized prior to the payment calculations being performed
under this Section.
(k) For purposes of this Section, the terms "Medicaid
days", "ambulatory procedure listing services", and

"ambulatory procedure listing payments" do not include any
days, charges, or services for which Medicare or a managed care
organization reimbursed on a capitated basis was liable for
payment, except where explicitly stated otherwise in this
Section.
(l) Definitions. Unless the context requires otherwise or
unless provided otherwise in this Section, the terms used in
this Section for qualifying criteria and payment calculations
shall have the same meanings as those terms have been given in
the Illinois Department's administrative rules as in effect on
October 1, 2011. Other terms shall be defined by the Illinois
Department by rule.
As used in this Section, unless the context requires
otherwise:
"Case mix index" means, for a given hospital, the sum of
the per admission (DRG) relative weighting factors in effect on
January 1, 2005, for all general acute care admissions for
State fiscal year 2009, excluding Medicare crossover
admissions and transplant admissions reimbursed under 89 Ill.
Adm. Code 148.82, divided by the total number of general acute
care admissions for State fiscal year 2009, excluding Medicare
crossover admissions and transplant admissions reimbursed
under 89 Ill. Adm. Code 148.82.
"Emergency room ratio" means, for a given hospital, a
fraction, the denominator of which is the number of the
hospital's outpatient ambulatory procedure listing and

end-stage renal disease treatment services provided for State
fiscal year 2009 and the numerator of which is the hospital's
outpatient ambulatory procedure listing services for
categories 3A, 3B, and 3C for State fiscal year 2009.
"Medicaid inpatient day" means, for a given hospital, the
sum of days of inpatient hospital days provided to recipients
of medical assistance under Title XIX of the federal Social
Security Act, excluding days for individuals eligible for
Medicare under Title XVIII of that Act (Medicaid/Medicare
crossover days), as tabulated from the Department's paid claims
data for admissions occurring during State fiscal year 2009
that was adjudicated by the Department through June 30, 2010.
"Outpatient ambulatory procedure listing services" means,
for a given hospital, ambulatory procedure listing services, as
described in 89 Ill. Adm. Code 148.140(b), provided to
recipients of medical assistance under Title XIX of the federal
Social Security Act, excluding services for individuals
eligible for Medicare under Title XVIII of the Act
(Medicaid/Medicare crossover days), as tabulated from the
Department's paid claims data for services occurring in State
fiscal year 2009 that were adjudicated by the Department
through September 2, 2010.
"Outpatient end-stage renal disease treatment services"
means, for a given hospital, the services, as described in 89
Ill. Adm. Code 148.140(c), provided to recipients of medical
assistance under Title XIX of the federal Social Security Act,

excluding payments for individuals eligible for Medicare under
Title XVIII of the Act (Medicaid/Medicare crossover days), as
tabulated from the Department's paid claims data for services
occurring in State fiscal year 2009 that were adjudicated by
the Department through September 2, 2010.
(m) The Department may adjust payments made under this
Section 5A-12.4 to comply with federal law or regulations
regarding hospital-specific payment limitations on
government-owned or government-operated hospitals.
(n) Notwithstanding any of the other provisions of this
Section, the Department is authorized to adopt rules that
change the hospital access improvement payments specified in
this Section, but only to the extent necessary to conform to
any federally approved amendment to the Title XIX State plan.
Any such rules shall be adopted by the Department as authorized
by Section 5-50 of the Illinois Administrative Procedure Act.
Notwithstanding any other provision of law, any changes
implemented as a result of this subsection (n) shall be given
retroactive effect so that they shall be deemed to have taken
effect as of the effective date of this Section.
(o) The Department of Healthcare and Family Services must
submit a State Medicaid Plan Amendment to the Centers of
Medicare and Medicaid Services to implement the payments under
this Section within 30 days of June 14, 2012 (the effective
date of Public Act 97-688) this Act.
(Source: P.A. 97-688, eff. 6-14-12; revised 8-3-12.)

(305 ILCS 5/5C-1) (from Ch. 23, par. 5C-1)
Sec. 5C-1. Definitions. As used in this Article, unless the
context requires otherwise:
"Fund" means the Developmentally Disabled Care Provider
Fund for Persons with a Developmental Disability.
"Developmentally disabled care facility" means an
intermediate care facility for the intellectually disabled
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 this purpose, "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.
"Adjusted gross developmentally disabled care revenue"
shall be computed separately for each developmentally disabled
care facility conducted, operated, or maintained by a
developmentally disabled care provider, and means the
developmentally disabled care provider's total revenue for
inpatient residential services less contractual allowances and

discounts on patients' accounts, but does not include
non-patient revenue from sources such as contributions,
donations or bequests, investments, day training services,
television and telephone service, and rental of facility space.
(Source: P.A. 97-227, eff. 1-1-12; revised 10-18-12.)
(305 ILCS 5/5C-5) (from Ch. 23, par. 5C-5)
Sec. 5C-5. Disposition of proceeds. The Illinois
Department shall pay all moneys received from developmentally
disabled care providers under this Article into the
Developmentally Disabled Care Provider Fund for Persons with a
Developmental Disability. Upon certification by the Illinois
Department to the State Comptroller of its intent to withhold
from a provider under Section 5C-6(b), the State Comptroller
shall draw a warrant on the treasury or other fund held by the
State Treasurer, as appropriate. The warrant shall state the
amount for which the provider is entitled to a warrant, the
amount of the deduction, and the reason therefor and shall
direct the State Treasurer to pay the balance to the provider,
all in accordance with Section 10.05 of the State Comptroller
Act. The warrant also shall direct the State Treasurer to
transfer the amount of the deduction so ordered from the
treasury or other fund into the Developmentally Disabled Care
Provider Fund for Persons with a Developmental Disability.
(Source: P.A. 87-861; revised 10-18-12.)

(305 ILCS 5/5C-7) (from Ch. 23, par. 5C-7)
Sec. 5C-7. Developmentally Disabled Care Provider Fund for
Persons with a Developmental Disability.
(a) There is created in the State Treasury the
Developmentally Disabled Care Provider Fund for Persons with a
Developmental Disability. Interest earned by the Fund shall be
credited to the Fund. The Fund shall not be used to replace any
moneys appropriated to the Medicaid program by the General
Assembly.
(b) The Fund is created for the purpose of receiving and
disbursing assessment moneys in accordance with this Article.
Disbursements from the Fund shall be made only as follows:
(1) For payments to intermediate care facilities for
the developmentally disabled under Title XIX of the Social
Security Act and Article V of this Code.
(2) For the reimbursement of moneys collected by the
Illinois Department through error or mistake, and to make
required payments under Section 5-4.28(a)(1) of this Code
if there are no moneys available for such payments in the
Medicaid Developmentally Disabled Provider Participation
Fee Trust Fund.
(3) For payment of administrative expenses incurred by
the Department of Human Services or its agent or the
Illinois Department or its agent in performing the
activities authorized by this Article.
(4) For payments of any amounts which are reimbursable

to the federal government for payments from this Fund which
are required to be paid by State warrant.
(5) For making transfers to the General Obligation Bond
Retirement and Interest Fund as those transfers are
authorized in the proceedings authorizing debt under the
Short Term Borrowing Act, but transfers made under this
paragraph (5) shall not exceed the principal amount of debt
issued in anticipation of the receipt by the State of
moneys to be deposited into the Fund.
Disbursements from the Fund, other than transfers to the
General Obligation Bond Retirement and Interest Fund, shall be
by warrants drawn by the State Comptroller upon receipt of
vouchers duly executed and certified by the Illinois
Department.
(c) The Fund shall consist of the following:
(1) All moneys collected or received by the Illinois
Department from the developmentally disabled care provider
assessment imposed by this Article.
(2) All federal matching funds received by the Illinois
Department as a result of expenditures made by the Illinois
Department that are attributable to moneys deposited in the
Fund.
(3) Any interest or penalty levied in conjunction with
the administration of this Article.
(4) Any balance in the Medicaid Developmentally
Disabled Care Provider Participation Fee Trust Fund in the

State Treasury. The balance shall be transferred to the
Fund upon certification by the Illinois Department to the
State Comptroller that all of the disbursements required by
Section 5-4.21(b) of this Code have been made.
(5) All other moneys received for the Fund from any
other source, including interest earned thereon.
(Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97; revised
10-18-12.)
(305 ILCS 5/11-26) (from Ch. 23, par. 11-26)
Sec. 11-26. Recipient's abuse of medical care;
restrictions on access to medical care.
(a) When the Department determines, on the basis of
statistical norms and medical judgment, that a medical care
recipient has received medical services in excess of need and
with such frequency or in such a manner as to constitute an
abuse of the recipient's medical care privileges, the
recipient's access to medical care may be restricted.
(b) When the Department has determined that a recipient is
abusing his or her medical care privileges as described in this
Section, it may require that the recipient designate a primary
provider type of the recipient's own choosing to assume
responsibility for the recipient's care. For the purposes of
this subsection, "primary provider type" means a provider type
as determined by the Department. Instead of requiring a
recipient to make a designation as provided in this subsection,

the Department, pursuant to rules adopted by the Department and
without regard to any choice of an entity that the recipient
might otherwise make, may initially designate a primary
provider type provided that the primary provider type is
willing to provide that care.
(c) When the Department has requested that a recipient
designate a primary provider type and the recipient fails or
refuses to do so, the Department may, after a reasonable period
of time, assign the recipient to a primary provider type of its
own choice and determination, provided such primary provider
type is willing to provide such care.
(d) When a recipient has been restricted to a designated
primary provider type, the recipient may change the primary
provider type:
(1) when the designated source becomes unavailable, as
the Department shall determine by rule; or
(2) when the designated primary provider type notifies
the Department that it wishes to withdraw from any
obligation as primary provider type; or
(3) in other situations, as the Department shall
provide by rule.
The Department shall, by rule, establish procedures for
providing medical or pharmaceutical services when the
designated source becomes unavailable or wishes to withdraw
from any obligation as primary provider type, shall, by rule,
take into consideration the need for emergency or temporary

medical assistance and shall ensure that the recipient has
continuous and unrestricted access to medical care from the
date on which such unavailability or withdrawal becomes
effective until such time as the recipient designates a primary
provider type or a primary provider type willing to provide
such care is designated by the Department consistent with
subsections (b) and (c) and such restriction becomes effective.
(e) Prior to initiating any action to restrict a
recipient's access to medical or pharmaceutical care, the
Department shall notify the recipient of its intended action.
Such notification shall be in writing and shall set forth the
reasons for and nature of the proposed action. In addition, the
notification shall:
(1) inform the recipient that (i) the recipient has a
right to designate a primary provider type of the
recipient's own choosing willing to accept such
designation and that the recipient's failure to do so
within a reasonable time may result in such designation
being made by the Department or (ii) the Department has
designated a primary provider type to assume
responsibility for the recipient's care; and
(2) inform the recipient that the recipient has a right
to appeal the Department's determination to restrict the
recipient's access to medical care and provide the
recipient with an explanation of how such appeal is to be
made. The notification shall also inform the recipient of

the circumstances under which unrestricted medical
eligibility shall continue until a decision is made on
appeal and that if the recipient chooses to appeal, the
recipient will be able to review the medical payment data
that was utilized by the Department to decide that the
recipient's access to medical care should be restricted.
(f) The Department shall, by rule or regulation, establish
procedures for appealing a determination to restrict a
recipient's access to medical care, which procedures shall, at
a minimum, provide for a reasonable opportunity to be heard
and, where the appeal is denied, for a written statement of the
reason or reasons for such denial.
(g) Except as otherwise provided in this subsection, when a
recipient has had his or her medical card restricted for 4 full
quarters (without regard to any period of ineligibility for
medical assistance under this Code, or any period for which the
recipient voluntarily terminates his or her receipt of medical
assistance, that may occur before the expiration of those 4
full quarters), the Department shall reevaluate the
recipient's medical usage to determine whether it is still in
excess of need and with such frequency or in such a manner as
to constitute an abuse of the receipt of medical assistance. If
it is still in excess of need, the restriction shall be
continued for another 4 full quarters. If it is no longer in
excess of need, the restriction shall be discontinued. If a
recipient's access to medical care has been restricted under

this Section and the Department then determines, either at
reevaluation or after the restriction has been discontinued, to
restrict the recipient's access to medical care a second or
subsequent time, the second or subsequent restriction may be
imposed for a period of more than 4 full quarters. If the
Department restricts a recipient's access to medical care for a
period of more than 4 full quarters, as determined by rule, the
Department shall reevaluate the recipient's medical usage
after the end of the restriction period rather than after the
end of 4 full quarters. The Department shall notify the
recipient, in writing, of any decision to continue the
restriction and the reason or reasons therefor. A "quarter",
for purposes of this Section, shall be defined as one of the
following 3-month periods of time: January-March, April-June,
July-September or October-December.
(h) In addition to any other recipient whose acquisition of
medical care is determined to be in excess of need, the
Department may restrict the medical care privileges of the
following persons:
(1) recipients found to have loaned or altered their
cards or misused or falsely represented medical coverage;
(2) recipients found in possession of blank or forged
prescription pads;
(3) recipients who knowingly assist providers in
rendering excessive services or defrauding the medical
assistance program.

The procedural safeguards in this Section shall apply to
the above individuals.
(i) Restrictions under this Section shall be in addition to
and shall not in any way be limited by or limit any actions
taken under Article VIIIA VIII-A of this Code.
(Source: P.A. 96-1501, eff. 1-25-11; 97-689, eff. 6-14-12;
revised 8-3-12.)
(305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
Sec. 12-5. Appropriations; uses; federal grants; report to
General Assembly. From the sums appropriated by the General
Assembly, the Illinois Department shall order for payment by
warrant from the State Treasury grants for public aid under
Articles III, IV, and V, including grants for funeral and
burial expenses, and all costs of administration of the
Illinois Department and the County Departments relating
thereto. Moneys appropriated to the Illinois Department for
public aid under Article VI may be used, with the consent of
the Governor, to co-operate with federal, State, and local
agencies in the development of work projects designed to
provide suitable employment for persons receiving public aid
under Article VI. The Illinois Department, with the consent of
the Governor, may be the agent of the State for the receipt and
disbursement of federal funds or commodities for public aid
purposes under Article VI and for related purposes in which the
co-operation of the Illinois Department is sought by the

federal government, and, in connection therewith, may make
necessary expenditures from moneys appropriated for public aid
under any Article of this Code and for administration. The
Illinois Department, with the consent of the Governor, may be
the agent of the State for the receipt and disbursement of
federal funds pursuant to the Immigration Reform and Control
Act of 1986 and may make necessary expenditures from monies
appropriated to it for operations, administration, and grants,
including payment to the Health Insurance Reserve Fund for
group insurance costs at the rate certified by the Department
of Central Management Services. All amounts received by the
Illinois Department pursuant to the Immigration Reform and
Control Act of 1986 shall be deposited in the Immigration
Reform and Control Fund. All amounts received into the
Immigration Reform and Control Fund as reimbursement for
expenditures from the General Revenue Fund shall be transferred
to the General Revenue Fund.
All grants received by the Illinois Department for programs
funded by the Federal Social Services Block Grant shall be
deposited in the Social Services Block Grant Fund. All funds
received into the Social Services Block Grant Fund as
reimbursement for expenditures from the General Revenue Fund
shall be transferred to the General Revenue Fund. All funds
received into the Social Services Block Grant fund for
reimbursement for expenditure out of the Local Initiative Fund
shall be transferred into the Local Initiative Fund. Any other

federal funds received into the Social Services Block Grant
Fund shall be transferred to the Special Purposes Trust Fund.
All federal funds received by the Illinois Department as
reimbursement for Employment and Training Programs for
expenditures made by the Illinois Department from grants,
gifts, or legacies as provided in Section 12-4.18 or made by an
entity other than the Illinois Department shall be deposited
into the Employment and Training Fund, except that federal
funds received as reimbursement as a result of the
appropriation made for the costs of providing adult education
to public assistance recipients under the "Adult Education,
Public Assistance Fund" shall be deposited into the General
Revenue Fund; provided, however, that all funds, except those
that are specified in an interagency agreement between the
Illinois Community College Board and the Illinois Department,
that are received by the Illinois Department as reimbursement
under Title IV-A of the Social Security Act for expenditures
that are made by the Illinois Community College Board or any
public community college of this State shall be credited to a
special account that the State Treasurer shall establish and
maintain within the Employment and Training Fund for the
purpose of segregating the reimbursements received for
expenditures made by those entities. As reimbursements are
deposited into the Employment and Training Fund, the Illinois
Department shall certify to the State Comptroller and State
Treasurer the amount that is to be credited to the special

account established within that Fund as a reimbursement for
expenditures under Title IV-A of the Social Security Act made
by the Illinois Community College Board or any of the public
community colleges. All amounts credited to the special account
established and maintained within the Employment and Training
Fund as provided in this Section shall be held for transfer to
the TANF Opportunities Fund as provided in subsection (d) of
Section 12-10.3, and shall not be transferred to any other fund
or used for any other purpose.
Eighty percent of the federal financial participation
funds received by the Illinois Department under the Title IV-A
Emergency Assistance program as reimbursement for expenditures
made from the Illinois Department of Children and Family
Services appropriations for the costs of providing services in
behalf of Department of Children and Family Services clients
shall be deposited into the DCFS Children's Services Fund.
All federal funds, except those covered by the foregoing 3
paragraphs, received as reimbursement for expenditures from
the General Revenue Fund shall be deposited in the General
Revenue Fund for administrative and distributive expenditures
properly chargeable by federal law or regulation to aid
programs established under Articles III through XII and Titles
IV, XVI, XIX and XX of the Federal Social Security Act. Any
other federal funds received by the Illinois Department under
Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
Section 12-10 of this Code to be paid into the Special Purposes

Trust Fund shall be deposited into the Special Purposes Trust
Fund. Any other federal funds received by the Illinois
Department pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
deposited in the Child Support Enforcement Trust Fund as
required under Section 12-10.2 or in the Child Support
Administrative Fund as required under Section 12-10.2a of this
Code. Any other federal funds received by the Illinois
Department for medical assistance program expenditures made
under Title XIX of the Social Security Act and Article V of
this Code that are required by Section 5-4.21 of this Code to
be paid into the Medicaid Developmentally Disabled Provider
Participation Fee Trust Fund shall be deposited into the
Medicaid Developmentally Disabled Provider Participation Fee
Trust Fund. Any other federal funds received by the Illinois
Department for medical assistance program expenditures made
under Title XIX of the Social Security Act and Article V of
this Code that are required by Section 5-4.31 of this Code to
be paid into the Medicaid Long Term Care Provider Participation
Fee Trust Fund shall be deposited into the Medicaid Long Term
Care Provider Participation Fee Trust Fund. Any other federal
funds received by the Illinois Department for hospital
inpatient, hospital ambulatory care, and disproportionate
share hospital expenditures made under Title XIX of the Social
Security Act and Article V of this Code that are required by
Section 14-2 of this Code to be paid into the Hospital Services

Trust Fund shall be deposited into the Hospital Services Trust
Fund. Any other federal funds received by the Illinois
Department for expenditures made under Title XIX of the Social
Security Act and Articles V and VI of this Code that are
required by Section 15-2 of this Code to be paid into the
County Provider Trust Fund shall be deposited into the County
Provider Trust Fund. Any other federal funds received by the
Illinois Department for hospital inpatient, hospital
ambulatory care, and disproportionate share hospital
expenditures made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section 5A-8 of
this Code to be paid into the Hospital Provider Fund shall be
deposited into the Hospital Provider Fund. Any other federal
funds received by the Illinois Department for medical
assistance program expenditures made under Title XIX of the
Social Security Act and Article V of this Code that are
required by Section 5B-8 of this Code to be paid into the
Long-Term Care Provider Fund shall be deposited into the
Long-Term Care Provider Fund. Any other federal funds received
by the Illinois Department for medical assistance program
expenditures made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section 5C-7 of
this Code to be paid into the Developmentally Disabled Care
Provider Fund for Persons with a Developmental Disability shall
be deposited into the Developmentally Disabled Care Provider
Fund for Persons with a Developmental Disability. Any other

federal funds received by the Illinois Department for trauma
center adjustment payments that are required by Section 5-5.03
of this Code and made under Title XIX of the Social Security
Act and Article V of this Code shall be deposited into the
Trauma Center Fund. Any other federal funds received by the
Illinois Department as reimbursement for expenses for early
intervention services paid from the Early Intervention
Services Revolving Fund shall be deposited into that Fund.
The Illinois Department shall report to the General
Assembly at the end of each fiscal quarter the amount of all
funds received and paid into the Social Service Block Grant
Fund and the Local Initiative Fund and the expenditures and
transfers of such funds for services, programs and other
purposes authorized by law. Such report shall be filed with the
Speaker, Minority Leader and Clerk of the House, with the
President, Minority Leader and Secretary of the Senate, with
the Chairmen of the House and Senate Appropriations Committees,
the House Human Resources Committee and the Senate Public
Health, Welfare and Corrections Committee, or the successor
standing Committees of each as provided by the rules of the
House and Senate, respectively, with the Legislative Research
Unit and with the State Government Report Distribution Center
for the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act shall be deemed sufficient
to comply with this Section.
(Source: P.A. 96-1100, eff. 1-1-11; revised 10-18-12.)

(305 ILCS 5/14-8) (from Ch. 23, par. 14-8)
Sec. 14-8. Disbursements to Hospitals.
(a) For inpatient hospital services rendered on and after
September 1, 1991, the Illinois Department shall reimburse
hospitals for inpatient services at an inpatient payment rate
calculated for each hospital based upon the Medicare
Prospective Payment System as set forth in Sections 1886(b),
(d), (g), and (h) of the federal Social Security Act, and the
regulations, policies, and procedures promulgated thereunder,
except as modified by this Section. Payment rates for inpatient
hospital services rendered on or after September 1, 1991 and on
or before September 30, 1992 shall be calculated using the
Medicare Prospective Payment rates in effect on September 1,
1991. Payment rates for inpatient hospital services rendered on
or after October 1, 1992 and on or before March 31, 1994 shall
be calculated using the Medicare Prospective Payment rates in
effect on September 1, 1992. Payment rates for inpatient
hospital services rendered on or after April 1, 1994 shall be
calculated using the Medicare Prospective Payment rates
(including the Medicare grouping methodology and weighting
factors as adjusted pursuant to paragraph (1) of this
subsection) in effect 90 days prior to the date of admission.
For services rendered on or after July 1, 1995, the
reimbursement methodology implemented under this subsection
shall not include those costs referred to in Sections

1886(d)(5)(B) and 1886(h) of the Social Security Act. The
additional payment amounts required under Section
1886(d)(5)(F) of the Social Security Act, for hospitals serving
a disproportionate share of low-income or indigent patients,
are not required under this Section. For hospital inpatient
services rendered on or after July 1, 1995, the Illinois
Department shall reimburse hospitals using the relative
weighting factors and the base payment rates calculated for
each hospital that were in effect on June 30, 1995, less the
portion of such rates attributed by the Illinois Department to
the cost of medical education.
(1) The weighting factors established under Section
1886(d)(4) of the Social Security Act shall not be used in
the reimbursement system established under this Section.
Rather, the Illinois Department shall establish by rule
Medicaid weighting factors to be used in the reimbursement
system established under this Section.
(2) The Illinois Department shall define by rule those
hospitals or distinct parts of hospitals that shall be
exempt from the reimbursement system established under
this Section. In defining such hospitals, the Illinois
Department shall take into consideration those hospitals
exempt from the Medicare Prospective Payment System as of
September 1, 1991. For hospitals defined as exempt under
this subsection, the Illinois Department shall by rule
establish a reimbursement system for payment of inpatient

hospital services rendered on and after September 1, 1991.
For all hospitals that are children's hospitals as defined
in Section 5-5.02 of this Code, the reimbursement
methodology shall, through June 30, 1992, net of all
applicable fees, at least equal each children's hospital
1990 ICARE payment rates, indexed to the current year by
application of the DRI hospital cost index from 1989 to the
year in which payments are made. Excepting county providers
as defined in Article XV of this Code, hospitals licensed
under the University of Illinois Hospital Act, and
facilities operated by the Department of Mental Health and
Developmental Disabilities (or its successor, the
Department of Human Services) for hospital inpatient
services rendered on or after July 1, 1995, the Illinois
Department shall reimburse children's hospitals, as
defined in 89 Illinois Administrative Code Section
149.50(c)(3), at the rates in effect on June 30, 1995, and
shall reimburse all other hospitals at the rates in effect
on June 30, 1995, less the portion of such rates attributed
by the Illinois Department to the cost of medical
education. For inpatient hospital services provided on or
after August 1, 1998, the Illinois Department may establish
by rule a means of adjusting the rates of children's
hospitals, as defined in 89 Illinois Administrative Code
Section 149.50(c)(3), that did not meet that definition on
June 30, 1995, in order for the inpatient hospital rates of

such hospitals to take into account the average inpatient
hospital rates of those children's hospitals that did meet
the definition of children's hospitals on June 30, 1995.
(3) (Blank).
(4) Notwithstanding any other provision of this
Section, hospitals that on August 31, 1991, have a contract
with the Illinois Department under Section 3-4 of the
Illinois Health Finance Reform Act may elect to continue to
be reimbursed at rates stated in such contracts for general
and specialty care.
(5) In addition to any payments made under this
subsection (a), the Illinois Department shall make the
adjustment payments required by Section 5-5.02 of this
Code; provided, that in the case of any hospital reimbursed
under a per case methodology, the Illinois Department shall
add an amount equal to the product of the hospital's
average length of stay, less one day, multiplied by 20, for
inpatient hospital services rendered on or after September
1, 1991 and on or before September 30, 1992.
(b) (Blank).
(b-5) Excepting county providers as defined in Article XV
of this Code, hospitals licensed under the University of
Illinois Hospital Act, and facilities operated by the Illinois
Department of Mental Health and Developmental Disabilities (or
its successor, the Department of Human Services), for
outpatient services rendered on or after July 1, 1995 and

before July 1, 1998 the Illinois Department shall reimburse
children's hospitals, as defined in the Illinois
Administrative Code Section 149.50(c)(3), at the rates in
effect on June 30, 1995, less that portion of such rates
attributed by the Illinois Department to the outpatient
indigent volume adjustment and shall reimburse all other
hospitals at the rates in effect on June 30, 1995, less the
portions of such rates attributed by the Illinois Department to
the cost of medical education and attributed by the Illinois
Department to the outpatient indigent volume adjustment. For
outpatient services provided on or after July 1, 1998,
reimbursement rates shall be established by rule.
(c) In addition to any other payments under this Code, the
Illinois Department shall develop a hospital disproportionate
share reimbursement methodology that, effective July 1, 1991,
through September 30, 1992, shall reimburse hospitals
sufficiently to expend the fee monies described in subsection
(b) of Section 14-3 of this Code and the federal matching funds
received by the Illinois Department as a result of expenditures
made by the Illinois Department as required by this subsection
(c) and Section 14-2 that are attributable to fee monies
deposited in the Fund, less amounts applied to adjustment
payments under Section 5-5.02.
(d) Critical Care Access Payments.
(1) In addition to any other payments made under this
Code, the Illinois Department shall develop a

reimbursement methodology that shall reimburse Critical
Care Access Hospitals for the specialized services that
qualify them as Critical Care Access Hospitals. No
adjustment payments shall be made under this subsection on
or after July 1, 1995.
(2) "Critical Care Access Hospitals" includes, but is
not limited to, hospitals that meet at least one of the
following criteria:
(A) Hospitals located outside of a metropolitan
statistical area that are designated as Level II
Perinatal Centers and that provide a disproportionate
share of perinatal services to recipients; or
(B) Hospitals that are designated as Level I Trauma
Centers (adult or pediatric) and certain Level II
Trauma Centers as determined by the Illinois
Department; or
(C) Hospitals located outside of a metropolitan
statistical area and that provide a disproportionate
share of obstetrical services to recipients.
(e) Inpatient high volume adjustment. For hospital
inpatient services, effective with rate periods beginning on or
after October 1, 1993, in addition to rates paid for inpatient
services by the Illinois Department, the Illinois Department
shall make adjustment payments for inpatient services
furnished by Medicaid high volume hospitals. The Illinois
Department shall establish by rule criteria for qualifying as a

Medicaid high volume hospital and shall establish by rule a
reimbursement methodology for calculating these adjustment
payments to Medicaid high volume hospitals. No adjustment
payment shall be made under this subsection for services
rendered on or after July 1, 1995.
(f) The Illinois Department shall modify its current rules
governing adjustment payments for targeted access, critical
care access, and uncompensated care to classify those
adjustment payments as not being payments to disproportionate
share hospitals under Title XIX of the federal Social Security
Act. Rules adopted under this subsection shall not be effective
with respect to services rendered on or after July 1, 1995. The
Illinois Department has no obligation to adopt or implement any
rules or make any payments under this subsection for services
rendered on or after July 1, 1995.
(f-5) The State recognizes that adjustment payments to
hospitals providing certain services or incurring certain
costs may be necessary to assure that recipients of medical
assistance have adequate access to necessary medical services.
These adjustments include payments for teaching costs and
uncompensated care, trauma center payments, rehabilitation
hospital payments, perinatal center payments, obstetrical care
payments, targeted access payments, Medicaid high volume
payments, and outpatient indigent volume payments. On or before
April 1, 1995, the Illinois Department shall issue
recommendations regarding (i) reimbursement mechanisms or

adjustment payments to reflect these costs and services,
including methods by which the payments may be calculated and
the method by which the payments may be financed, and (ii)
reimbursement mechanisms or adjustment payments to reflect
costs and services of federally qualified health centers with
respect to recipients of medical assistance.
(g) If one or more hospitals file suit in any court
challenging any part of this Article XIV, payments to hospitals
under this Article XIV shall be made only to the extent that
sufficient monies are available in the Fund and only to the
extent that any monies in the Fund are not prohibited from
disbursement under any order of the court.
(h) Payments under the disbursement methodology described
in this Section are subject to approval by the federal
government in an appropriate State plan amendment.
(i) The Illinois Department may by rule establish criteria
for and develop methodologies for adjustment payments to
hospitals participating under this Article.
(j) Hospital Residing Long Term Care Services. In addition
to any other payments made under this Code, the Illinois
Department may by rule establish criteria and develop
methodologies for payments to hospitals for Hospital Residing
Long Term Care Services.
(k) Critical Access Hospital outpatient payments. In
addition to any other payments authorized under this Code, the
Illinois Department shall reimburse critical access hospitals,

as designated by the Illinois Department of Public Health in
accordance with 42 CFR 485, Subpart F, for outpatient services
at an amount that is no less than the cost of providing such
services, based on Medicare cost principles. Payments under
this subsection shall be subject to appropriation.
(l) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
(Source: P.A. 96-1382, eff. 1-1-11; 97-689, eff. 6-14-12;
revised 8-3-12.)
Section 410. The Mental Health and Developmental
Disabilities Code is amended by changing Section 4-701 as
follows:
(405 ILCS 5/4-701) (from Ch. 91 1/2, par. 4-701)
Sec. 4-701. (a) Any client admitted to a developmental
disabilities facility under this Chapter may be discharged
whenever the facility director determines that he is suitable
for discharge.
(b) Any client admitted to a facility or program of
nonresidential services upon court order under Article V of
this Chapter or admitted upon court order as intellectually
disabled or mentally deficient under any prior statute shall be

discharged whenever the facility director determines that he no
longer meets the standard for judicial admission. When the
facility director believes that continued residence is
advisable for such a client, he shall inform the client and his
guardian, if any, that the client may remain at the facility on
administrative admission status. When a facility director
discharges or changes the status of such client, he shall
promptly notify the clerk of the court who shall note the
action in the court record.
(c) When the facility director discharges a client pursuant
to subsection (b) of this Section, he shall promptly notify the
State's Attorney of the county in which the client resided
immediately prior to his admission to a developmental
development disabilities facility. Upon receipt of such
notice, the State's Attorney may notify such peace officers
that he deems appropriate.
(d) The facility director may grant a temporary release to
any client when such release is appropriate and consistent with
the habilitation needs of the client.
(Source: P.A. 97-227, eff. 1-1-12; revised 8-3-12.)
Section 415. The Crematory Regulation Act is amended by
changing Sections 10 and 88 as follows:
(410 ILCS 18/10)
(Section scheduled to be repealed on January 1, 2021)

Sec. 10. Establishment of crematory and licensing of
crematory authority.
(a) Any person doing business in this State, or any
cemetery, funeral establishment, corporation, partnership,
joint venture, voluntary organization or any other entity, may
erect, maintain, and operate a crematory in this State and
provide the necessary appliances and facilities for the
cremation of human remains in accordance with this Act.
(b) A crematory shall be subject to all local, State, and
federal health and environmental protection requirements and
shall obtain all necessary licenses and permits from the
Department of Financial and Professional Regulation, the
Department of Public Health, the federal Department of Health
and Human Services, and the Illinois and federal Environmental
Protection Agencies, or such other appropriate local, State, or
federal agencies.
(c) A crematory may be constructed on or adjacent to any
cemetery, on or adjacent to any funeral establishment, or at
any other location consistent with local zoning regulations.
(d) An application for licensure as a crematory authority
shall be in writing on forms furnished by the Comptroller.
Applications shall be accompanied by a fee of $50 and shall
contain all of the following:
(1) The full name and address, both residence and
business, of the applicant if the applicant is an
individual; the full name and address of every member if

the applicant is a partnership; the full name and address
of every member of the board of directors if the applicant
is an association; and the name and address of every
officer, director, and shareholder holding more than 25% of
the corporate stock if the applicant is a corporation.
(2) The address and location of the crematory.
(3) A description of the type of structure and
equipment to be used in the operation of the crematory,
including the operating permit number issued to the
cremation device by the Illinois Environmental Protection
Agency.
(4) Any further information that the Comptroller
reasonably may require.
(e) Each crematory authority shall file an annual report
with the Comptroller, accompanied with a $25 fee, providing (i)
an affidavit signed by the owner of the crematory authority
that at the time of the report the cremation device was in
proper operating condition, (ii) the total number of all
cremations performed at the crematory during the past year,
(iii) attestation by the licensee that all applicable permits
and certifications are valid, (iv) either (A) any changes
required in the information provided under subsection (d) or
(B) an indication that no changes have occurred, and (v) any
other information that the Comptroller Department may require.
The annual report shall be filed by a crematory authority on or
before March 15 of each calendar year. If the fiscal year of a

crematory authority is other than on a calendar year basis,
then the crematory authority shall file the report required by
this Section within 75 days after the end of its fiscal year.
If a crematory authority fails to submit an annual report to
the Comptroller within the time specified in this Section, the
Comptroller shall impose upon the crematory authority a penalty
of $5 for each and every day the crematory authority remains
delinquent in submitting the annual report. The Comptroller may
abate all or part of the $5 daily penalty for good cause shown.
(f) All records required to be maintained under this Act,
including but not limited to those relating to the license and
annual report of the crematory authority required to be filed
under this Section, shall be subject to inspection by the
Comptroller upon reasonable notice.
(g) The Comptroller may inspect crematory records at the
crematory authority's place of business to review the
licensee's compliance with this Act. The inspection must
include verification that:
(1) the crematory authority has complied with
record-keeping requirements of this Act;
(2) a crematory device operator's certification of
training is conspicuously displayed at the crematory;
(3) the cremation device has a current operating permit
issued by the Illinois Environmental Protection Agency and
the permit is conspicuously displayed in the crematory;
(4) the crematory authority is in compliance with local

zoning requirements;
(5) the crematory authority license issued by the
Comptroller is conspicuously displayed at the crematory;
and
(6) other details as determined by rule.
(h) The Comptroller shall issue licenses under this Act to
the crematories that are registered with the Comptroller as of
on March 1, 2012 without requiring the previously registered
crematories to complete license applications.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12; 97-813,
eff. 7-13-12; revised 7-25-12.)
(410 ILCS 18/88)
(Section scheduled to be repealed on January 1, 2021)
Sec. 88. Rehearing. At the conclusion of the hearing, a
copy of the hearing officer's report shall be served upon the
applicant or licensee by the Comptroller, either personally or
as provided in this Act. Within 20 days after service, the
applicant or licensee may present to the Comptroller Department
a motion in writing for a rehearing, which shall specify the
particular grounds for rehearing. The Comptroller may respond
to the motion for rehearing within 20 days after its service on
the Comptroller. If no motion for rehearing is filed, then upon
the expiration of the time specified for filing such a motion,
or if a motion for rehearing is denied, then upon denial, the
Comptroller may enter an order in accordance with

recommendations of the hearing officer except as provided in
Section 89 of this Act.
If the applicant or licensee orders from the reporting
service and pays for a transcript of the record within the time
for filing a motion for rehearing, the 20-day period within
which a motion may be filed shall commence upon the delivery of
the transcript to the applicant or licensee.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12; revised
7-27-12.)
Section 420. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Section 7 as follows:
(410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
Sec. 7. Reimbursement.
(a) When any ambulance provider furnishes transportation,
hospital provides hospital emergency services and forensic
services, hospital or health care professional or laboratory
provides follow-up healthcare, or pharmacy dispenses
prescribed medications to any sexual assault survivor, as
defined by the Department of Healthcare and Family Services,
who is neither eligible to receive such services under the
Illinois Public Aid Code nor covered as to such services by a
policy of insurance, the ambulance provider, hospital, health
care professional, pharmacy, or laboratory shall furnish such
services to that person without charge and shall be entitled to

be reimbursed for providing such services by the Illinois
Sexual Assault Emergency Treatment Program under the
Department of Healthcare and Family Services and at the
Department of Healthcare and Family Services' allowable rates
under the Illinois Public Aid Code.
(b) The hospital is responsible for submitting the request
for reimbursement for ambulance services, hospital emergency
services, and forensic services to the Illinois Sexual Assault
Emergency Treatment Program. Nothing in this Section precludes
hospitals from providing follow-up healthcare and receiving
reimbursement under this Section.
(c) The health care professional who provides follow-up
healthcare and the pharmacy that dispenses prescribed
medications to a sexual assault survivor are responsible for
submitting the request for reimbursement for follow-up
healthcare or pharmacy services to the Illinois Sexual Assault
Emergency Treatment Program.
(d) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Act or the Illinois
Public Aid Code to reduce any rate of reimbursement for
services or other payments in accordance with Section 5-5e of
the Illinois Public Aid Code.
(e) (d) The Department of Healthcare and Family Services
shall establish standards, rules, and regulations to implement
this Section.

(Source: P.A. 97-689, eff. 6-14-12; revised 8-3-12.)
Section 425. The Illinois Solid Waste Management Act is
amended by renumbering Section 10 as follows:
(415 ILCS 20/7.4)
Sec. 7.4 10. The Task Force on the Advancement of Materials
Recycling.
(a) The Task Force on the Advancement of Materials
Recycling is hereby created to review the status of recycling
and solid waste management planning in Illinois. The goal of
the Task Force is to investigate and provide recommendations
for expanding waste reduction, recycling, reuse, and
composting in Illinois in a manner that protects the
environment, as well as public health and safety, and promotes
economic development.
The Task Force's review shall include, but not be limited
to, the following topics: county recycling and waste management
planning; current and potential policies and initiatives in
Illinois for waste reduction, recycling, composting, and
reuse; funding for State and local oversight and regulation of
solid waste activities; funding for State and local support of
projects that advance solid waste reduction, recycling, reuse,
and composting efforts; and the proper management of household
hazardous waste. The review shall also evaluate the extent to
which materials with economic value are lost to landfilling,

and it shall also recommend ways to maximize the productive use
of waste materials through efforts such as materials recycling
and composting.
(b) The Task Force on the Advancement of Materials
Recycling shall consist of the following 21 members appointed
as follows:
(1) four legislators, appointed one each by the
President of the Senate, the Minority Leader of the Senate,
the Speaker of the House of Representatives, and the
Minority Leader of the House of Representatives;
(2) the Director of the Illinois Environmental
Protection Agency, or his or her representative;
(3) the Director of Commerce and Economic Opportunity,
or his or her representative;
(4) two persons appointed by the Director of Commerce
and Economic Opportunity to represent local governments;
(5) two persons appointed by the Director of the
Illinois Environmental Protection Agency to represent a
local solid waste management agency;
(6) two persons appointed by the Director of the
Illinois Environmental Protection Agency to represent the
solid waste management industry;
(7) one person appointed by the Director of Commerce
and Economic Opportunity to represent non-profit
organizations that provide recycling services;
(8) one person appointed by the Director of Commerce

and Economic Opportunity to represent recycling collection
and processing services;
(9) one person appointed by the Director of Commerce
and Economic Opportunity to represent construction and
demolition debris recycling services;
(10) one person appointed by the Director of Commerce
and Economic Opportunity to represent organic composting
services;
(11) one person appointed by the Director of Commerce
and Economic Opportunity to represent general recycling
interests;
(12) one person appointed by the Director of the
Illinois Environmental Protection Agency to represent
environmental interest groups;
(13) one person appointed by the Director of Commerce
and Economic Opportunity to represent environmental
interest groups;
(14) one person appointed by the Director of the
Illinois Environmental Protection Agency to represent a
statewide manufacturing trade association; and
(15) one person appointed by the Director of the
Illinois Environmental Protection Agency to represent a
statewide business association.
(c) The Directors of Commerce and Economic Opportunity and
the Illinois Environmental Protection Agency, or their
representatives, shall co-chair and facilitate the Task Force.

(d) The members of the Task Force shall be appointed no
later than 90 days after the effective date of this amendatory
Act of the 97th General Assembly. The members of the Task Force
shall not receive compensation for serving as members of the
Task Force.
(e) The Task Force shall seek assistance from the Illinois
Department of Central Management Services, the Illinois Green
Economy Network, and the Illinois Green Governments
Coordinating Council to help facilitate the Task Force, using
technology, such as video conferencing and meeting space, with
the goal of reducing costs and greenhouse gas emissions
associated with travel.
(f) The Task Force shall prepare a report that summarizes
its work and makes recommendations resulting from its study,
and it shall submit a report of its findings and
recommendations to the Governor and the General Assembly no
later than 2 years after the effective date of this amendatory
Act of the 97th General Assembly.
(g) The Task Force, upon issuing the report described in
subsection (f) of this Section, is dissolved and this Section
is repealed.
(Source: P.A. 97-853, eff. 1-1-13; revised 9-11-12.)
Section 430. The Wildlife Code is amended by changing
Section 2.30 as follows:

(520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
Sec. 2.30. It shall be unlawful for any person to trap or
to hunt with gun, dog, dog and gun, or bow and arrow, gray fox,
red fox, raccoon, weasel, mink, muskrat, badger, and opossum
except during the open season which will be set annually by the
Director between 12:01 a.m., November 1 to 12:00 midnight,
February 15, both inclusive.
It is unlawful for any person to take bobcat in this State
at any time.
It is unlawful to pursue any fur-bearing mammal with a dog
or dogs between the hours of sunset and sunrise during the 10
day period preceding the opening date of the raccoon hunting
season and the 10 day period following the closing date of the
raccoon hunting season except that the Department may issue
field trial permits in accordance with Section 2.34 of this
Act. A non-resident from a state with more restrictive
fur-bearer pursuit regulations for any particular species than
provided for that species in this Act may not pursue that
species in Illinois except during the period of time that
Illinois residents are allowed to pursue that species in the
non-resident's state of residence. Hound running areas
approved by the Department shall be exempt from the provisions
of this Section.
It shall be unlawful to take beaver, river otter, weasel,
mink or muskrat except during the open season set annually by
the Director, and then, only with traps.

It shall be unlawful for any person to trap beaver or river
otter with traps except during the open season which will be
set annually by the Director between 12:01 a.m., November 1st
and 12:00 midnight, March 31, both inclusive.
Coyote may be taken by trapping methods only during the
period from September 1 to March 1, both inclusive, and by
hunting methods at any time.
Striped skunk may be taken by trapping methods only during
the period from September 1 to March 1, both inclusive, and by
hunting methods at any time.
Muskrat may be taken by trapping methods during an open
season set annually by the Director.
For the purpose of taking fur-bearing mammals, the State
may be divided into management zones by administrative rule.
The provisions of this Section are subject to modification
by administrative rule.
It shall be unlawful to take or possess more than the
season limit or possession limit of fur-bearing mammals that
shall be set annually by the Director. The season limit for
river otter shall not exceed 5 river otters per person per
season. Possession limits shall not apply to fur buyers,
tanners, manufacturers, and taxidermists, as defined by this
Act, who possess fur-bearing mammals in accordance with laws
governing such activities.
Nothing in this Section shall prohibit the taking or
possessing of fur-bearing mammals found dead or

unintentionally killed by a vehicle along a roadway during the
open season provided the person who possesses such fur-bearing
mammals has all appropriate licenses, stamps, or permits; the
season for which the species possessed is open; and that such
possession and disposal of such fur-bearing mammals is
otherwise subject to the provisions of this Section.
The provisions of this Section are subject to modification
by administrative rule.
(Source: P.A. 97-19, eff. 6-28-11; 97-31, eff. 6-28-11; 97-628,
eff. 11-10-11; revised 12-16-11.)
Section 435. The Illinois Veteran, Youth, and Young Adult
Conservation Jobs Act is amended by changing the title of the
Act and Sections 4, 5, and 9 as follows:
(525 ILCS 50/Act title)
An Act in relation to conservation and recreation children.
(525 ILCS 50/4) (from Ch. 48, par. 2554)
Sec. 4. Definition of Terms. For the purposes of this Act:
(a) "Department" means the Department of Natural
Resources.
(b) "Director" means the Director of Natural Resources.
(c) "Local sponsor" means any unit of local government or
not-for-profit entity that can make available for a summer
conservation or recreation program park lands, conservation or

recreational lands or facilities, equipment, materials,
administration, supervisory personnel, etc.
(d) "Managing supervisor" means an enrollee in the Illinois
Veteran Veterans Recreation Corps or the Illinois Youth
Recreation Corps who is selected by the local sponsor to
supervise the activities of the veterans or youth employee
enrollees working on the conservation or recreation project. A
managing supervisor in the Illinois Youth Recreation Corps may
be 19 years of age or older.
(e) "Veteran" means an Illinois resident who has served or
is currently serving as a member of the United States Armed
Forces, a member of the Illinois National Guard, or a member of
a Reserve Component of the United States Armed Forces.
(Source: P.A. 97-738, eff. 7-5-12; revised 8-3-12.)
(525 ILCS 50/5) (from Ch. 48, par. 2555)
Sec. 5. Cooperation. The Department of Natural Resources
shall have the full cooperation of the Illinois Department of
Veterans' Affairs, the Department of Commerce and Economic
Opportunity, the Illinois State Job Coordinating Council
created by the Federal Job Training Partnership Act (Public Law
97-300), and the Department of Employment Security to carry out
the purposes of this Act.
(Source: P.A. 97-738, eff. 7-5-12; revised 8-3-12.)
(525 ILCS 50/9)

Sec. 9. Illinois Veteran Recreation Corps. With respect to
the Illinois Veteran Recreation Corps:
(a) Purpose. The Illinois Veteran Recreation Corps is
established for the purpose of making grants to local sponsors
to provide wages to veterans of any age operating and
instructing in conservation or recreational programs. Such
programs shall provide conservation or recreational
opportunities and shall include, but are not limited to, the
coordination and teaching of natural resource conservation and
management, physical activities, or learning activities
directly related to natural resource conservation management
or recreation. Such programs may charge user fees, but such
fees shall be designed to promote as much community involvement
as possible, as determined by the Department.
(b) Application. Local sponsors who can provide necessary
facilities, materials, and management for summer conservation
or recreational activities within the community and who desire
a grant under this Act for the purpose of hiring managing
supervisors as necessary and eligible veterans for such
conservation or recreational programs may make application to
the Department. Applications shall be evaluated on the basis of
program content, location, need, local commitment of
resources, and consistency with the purposes of this Act.
(c) Enrollment. The Illinois Veteran Veterans' Recreation
Corps shall be limited to citizens of this State who at the
time of enrollment are veterans of any age and are unemployed

and who have skills that can be utilized in the summer
conservation or recreational program. Preference may be given
to veterans with a disability.
The ratio of veterans employee enrollees to a managing
supervisor must not be less than 10 to 1 for any local sponsor
with a total number of veterans employee enrollees of 10 or
more. Any local sponsor program with a total number of veteran
employee enrollees of less than 10 must be limited to one
managing supervisor. Veterans who are unemployed shall be given
preference for employment as managing supervisors.
The local sponsors shall make public notification of the
availability of jobs for eligible veterans in the Illinois
Veteran Veterans Recreation Corps by the means of newspapers,
electronic media, educational facilities, units of local
government, and Department of Employment Security offices.
Application for employment shall be made directly to the local
sponsor.
The Department shall adopt reasonable rules pertaining to
the administration of the Illinois Veteran Recreation Corps.
(d) Terms of employment. The enrollment period for any
successful applicant of the program shall not be longer than 6
total months. Once enrolled in the program, each enrollee shall
receive a reasonable wage as set by the Department and shall
work hours as required by the conservation or recreation
program but not in excess of a maximum number of hours as
determined by the Department, except that an enrollee working

as a managing supervisor shall receive a higher wage than an
enrollee working in any other capacity on the conservation or
recreation program. Enrollees shall be employees of the local
sponsor and not contractual hires for the purpose of employment
taxes, except that enrollees shall not be classified as
employees of the State or the local sponsor for purposes of
contributions to the State Employees' Retirement System of
Illinois or any other public employee retirement system.
(Source: P.A. 97-738, eff. 7-5-12; revised 8-3-12.)
Section 440. The Illinois Vehicle Code is amended by
changing Sections 2-123, 3-400, 3-609, 3-658, 3-806, 3-815,
3-902, 6-106, 6-110, 6-500, 11-208.6, 11-208.8, 11-501.01,
11-1301.1, 11-1301.2, 11-1301.3, 11-1301.5, 11-1302, and
12-610.1 as follows:
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and Distribution of Information.
(a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local
governments, elected state officials, state educational
institutions, and all other governmental units of the State and
Federal Government requesting them for governmental purposes.
The Secretary shall require any such applicant for services to

pay for the costs of furnishing such services and the use of
the equipment involved, and in addition is empowered to
establish prices and charges for the services so furnished and
for the use of the electronic equipment utilized.
(b) The Secretary is further empowered to and he may, in
his discretion, furnish to any applicant, other than listed in
subsection (a) of this Section, vehicle or driver data on a
computer tape, disk, other electronic format or computer
processable medium, or printout at a fixed fee of $250 for
orders received before October 1, 2003 and $500 for orders
received on or after October 1, 2003, in advance, and require
in addition a further sufficient deposit based upon the
Secretary of State's estimate of the total cost of the
information requested and a charge of $25 for orders received
before October 1, 2003 and $50 for orders received on or after
October 1, 2003, per 1,000 units or part thereof identified or
the actual cost, whichever is greater. The Secretary is
authorized to refund any difference between the additional
deposit and the actual cost of the request. This service shall
not be in lieu of an abstract of a driver's record nor of a
title or registration search. This service may be limited to
entities purchasing a minimum number of records as required by
administrative rule. The information sold pursuant to this
subsection shall be the entire vehicle or driver data list, or
part thereof. The information sold pursuant to this subsection
shall not contain personally identifying information unless

the information is to be used for one of the purposes
identified in subsection (f-5) of this Section. Commercial
purchasers of driver and vehicle record databases shall enter
into a written agreement with the Secretary of State that
includes disclosure of the commercial use of the information to
be purchased.
(b-1) The Secretary is further empowered to and may, in his
or her discretion, furnish vehicle or driver data on a computer
tape, disk, or other electronic format or computer processible
medium, at no fee, to any State or local governmental agency
that uses the information provided by the Secretary to transmit
data back to the Secretary that enables the Secretary to
maintain accurate driving records, including dispositions of
traffic cases. This information may be provided without fee not
more often than once every 6 months.
(c) Secretary of State may issue registration lists. The
Secretary of State may compile a list of all registered
vehicles. Each list of registered vehicles shall be arranged
serially according to the registration numbers assigned to
registered vehicles and may contain in addition the names and
addresses of registered owners and a brief description of each
vehicle including the serial or other identifying number
thereof. Such compilation may be in such form as in the
discretion of the Secretary of State may seem best for the
purposes intended.
(d) The Secretary of State shall furnish no more than 2

current available lists of such registrations to the sheriffs
of all counties and to the chiefs of police of all cities and
villages and towns of 2,000 population and over in this State
at no cost. Additional copies may be purchased by the sheriffs
or chiefs of police at the fee of $500 each or at the cost of
producing the list as determined by the Secretary of State.
Such lists are to be used for governmental purposes only.
(e) (Blank).
(e-1) (Blank).
(f) The Secretary of State shall make a title or
registration search of the records of his office and a written
report on the same for any person, upon written application of
such person, accompanied by a fee of $5 for each registration
or title search. The written application shall set forth the
intended use of the requested information. No fee shall be
charged for a title or registration search, or for the
certification thereof requested by a government agency. The
report of the title or registration search shall not contain
personally identifying information unless the request for a
search was made for one of the purposes identified in
subsection (f-5) of this Section. The report of the title or
registration search shall not contain highly restricted
personal information unless specifically authorized by this
Code.
The Secretary of State shall certify a title or
registration record upon written request. The fee for

certification shall be $5 in addition to the fee required for a
title or registration search. Certification shall be made under
the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or
registrant of the request for purchase of his title or
registration information as the Secretary deems appropriate.
No information shall be released to the requestor until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004, who are employed by or are
acting on behalf of law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, and other
business entities for purposes consistent with the Illinois
Vehicle Code, the vehicle owner or registrant or other entities
as the Secretary may exempt by rule and regulation.
Any misrepresentation made by a requestor of title or
vehicle information shall be punishable as a petty offense,
except in the case of persons licensed as a private detective
or firms licensed as a private detective agency which shall be

subject to disciplinary sanctions under Section 40-10 of the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
(f-5) The Secretary of State shall not disclose or
otherwise make available to any person or entity any personally
identifying information obtained by the Secretary of State in
connection with a driver's license, vehicle, or title
registration record unless the information is disclosed for one
of the following purposes:
(1) For use by any government agency, including any
court or law enforcement agency, in carrying out its
functions, or any private person or entity acting on behalf
of a federal, State, or local agency in carrying out its
functions.
(2) For use in connection with matters of motor vehicle
or driver safety and theft; motor vehicle emissions; motor
vehicle product alterations, recalls, or advisories;
performance monitoring of motor vehicles, motor vehicle
parts, and dealers; and removal of non-owner records from
the original owner records of motor vehicle manufacturers.
(3) For use in the normal course of business by a
legitimate business or its agents, employees, or
contractors, but only:
(A) to verify the accuracy of personal information
submitted by an individual to the business or its
agents, employees, or contractors; and

(B) if such information as so submitted is not
correct or is no longer correct, to obtain the correct
information, but only for the purposes of preventing
fraud by, pursuing legal remedies against, or
recovering on a debt or security interest against, the
individual.
(4) For use in research activities and for use in
producing statistical reports, if the personally
identifying information is not published, redisclosed, or
used to contact individuals.
(5) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any federal,
State, or local court or agency or before any
self-regulatory body, including the service of process,
investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or
pursuant to an order of a federal, State, or local court.
(6) For use by any insurer or insurance support
organization or by a self-insured entity or its agents,
employees, or contractors in connection with claims
investigation activities, antifraud activities, rating, or
underwriting.
(7) For use in providing notice to the owners of towed
or impounded vehicles.
(8) For use by any person licensed as a private
detective or firm licensed as a private detective agency

under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004,
private investigative agency or security service licensed
in Illinois for any purpose permitted under this
subsection.
(9) For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a
commercial driver's license that is required under chapter
313 of title 49 of the United States Code.
(10) For use in connection with the operation of
private toll transportation facilities.
(11) For use by any requester, if the requester
demonstrates it has obtained the written consent of the
individual to whom the information pertains.
(12) For use by members of the news media, as defined
in Section 1-148.5, for the purpose of newsgathering when
the request relates to the operation of a motor vehicle or
public safety.
(13) For any other use specifically authorized by law,
if that use is related to the operation of a motor vehicle
or public safety.
(f-6) The Secretary of State shall not disclose or
otherwise make available to any person or entity any highly
restricted personal information obtained by the Secretary of
State in connection with a driver's license, vehicle, or title
registration record unless specifically authorized by this

Code.
(g) 1. The Secretary of State may, upon receipt of a
written request and a fee of $6 before October 1, 2003 and
a fee of $12 on and after October 1, 2003, furnish to the
person or agency so requesting a driver's record. Such
document may include a record of: current driver's license
issuance information, except that the information on
judicial driving permits shall be available only as
otherwise provided by this Code; convictions; orders
entered revoking, suspending or cancelling a driver's
license or privilege; and notations of accident
involvement. All other information, unless otherwise
permitted by this Code, shall remain confidential.
Information released pursuant to a request for a driver's
record shall not contain personally identifying
information, unless the request for the driver's record was
made for one of the purposes set forth in subsection (f-5)
of this Section. The Secretary of State may, without fee,
allow a parent or guardian of a person under the age of 18
years, who holds an instruction permit or graduated
driver's license, to view that person's driving record
online, through a computer connection. The parent or
guardian's online access to the driving record will
terminate when the instruction permit or graduated
driver's license holder reaches the age of 18.
2. The Secretary of State shall not disclose or

otherwise make available to any person or entity any highly
restricted personal information obtained by the Secretary
of State in connection with a driver's license, vehicle, or
title registration record unless specifically authorized
by this Code. The Secretary of State may certify an
abstract of a driver's record upon written request
therefor. Such certification shall be made under the
signature of the Secretary of State and shall be
authenticated by the Seal of his office.
3. All requests for driving record information shall be
made in a manner prescribed by the Secretary and shall set
forth the intended use of the requested information.
The Secretary of State may notify the affected driver
of the request for purchase of his driver's record as the
Secretary deems appropriate.
No information shall be released to the requester until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or
firms licensed as a private detective agency under the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004, who are
employed by or are acting on behalf of law enforcement
officials, government agencies, financial institutions,

attorneys, insurers, employers, automobile associated
businesses, and other business entities for purposes
consistent with the Illinois Vehicle Code, the affected
driver or other entities as the Secretary may exempt by
rule and regulation.
Any misrepresentation made by a requestor of driver
information shall be punishable as a petty offense, except
in the case of persons licensed as a private detective or
firms licensed as a private detective agency which shall be
subject to disciplinary sanctions under Section 40-10 of
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
4. The Secretary of State may furnish without fee, upon
the written request of a law enforcement agency, any
information from a driver's record on file with the
Secretary of State when such information is required in the
enforcement of this Code or any other law relating to the
operation of motor vehicles, including records of
dispositions; documented information involving the use of
a motor vehicle; whether such individual has, or previously
had, a driver's license; and the address and personal
description as reflected on said driver's record.
5. Except as otherwise provided in this Section, the
Secretary of State may furnish, without fee, information
from an individual driver's record on file, if a written
request therefor is submitted by any public transit system

or authority, public defender, law enforcement agency, a
state or federal agency, or an Illinois local
intergovernmental association, if the request is for the
purpose of a background check of applicants for employment
with the requesting agency, or for the purpose of an
official investigation conducted by the agency, or to
determine a current address for the driver so public funds
can be recovered or paid to the driver, or for any other
purpose set forth in subsection (f-5) of this Section.
The Secretary may also furnish the courts a copy of an
abstract of a driver's record, without fee, subsequent to
an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance. Such abstract may include
records of dispositions; documented information involving
the use of a motor vehicle as contained in the current
file; whether such individual has, or previously had, a
driver's license; and the address and personal description
as reflected on said driver's record.
6. Any certified abstract issued by the Secretary of
State or transmitted electronically by the Secretary of
State pursuant to this Section, to a court or on request of
a law enforcement agency, for the record of a named person
as to the status of the person's driver's license shall be
prima facie evidence of the facts therein stated and if the
name appearing in such abstract is the same as that of a
person named in an information or warrant, such abstract

shall be prima facie evidence that the person named in such
information or warrant is the same person as the person
named in such abstract and shall be admissible for any
prosecution under this Code and be admitted as proof of any
prior conviction or proof of records, notices, or orders
recorded on individual driving records maintained by the
Secretary of State.
7. Subject to any restrictions contained in the
Juvenile Court Act of 1987, and upon receipt of a proper
request and a fee of $6 before October 1, 2003 and a fee of
$12 on or after October 1, 2003, the Secretary of State
shall provide a driver's record to the affected driver, or
the affected driver's attorney, upon verification. Such
record shall contain all the information referred to in
paragraph 1 of this subsection (g) plus: any recorded
accident involvement as a driver; information recorded
pursuant to subsection (e) of Section 6-117 and paragraph
(4) of subsection (a) of Section 6-204 of this Code. All
other information, unless otherwise permitted by this
Code, shall remain confidential.
(h) The Secretary shall not disclose social security
numbers or any associated information obtained from the Social
Security Administration except pursuant to a written request
by, or with the prior written consent of, the individual
except: (1) to officers and employees of the Secretary who have
a need to know the social security numbers in performance of

their official duties, (2) to law enforcement officials for a
lawful, civil or criminal law enforcement investigation, and if
the head of the law enforcement agency has made a written
request to the Secretary specifying the law enforcement
investigation for which the social security numbers are being
sought, (3) to the United States Department of Transportation,
or any other State, pursuant to the administration and
enforcement of the Commercial Motor Vehicle Safety Act of 1986,
(4) pursuant to the order of a court of competent jurisdiction,
(5) to the Department of Healthcare and Family Services
(formerly Department of Public Aid) for utilization in the
child support enforcement duties assigned to that Department
under provisions of the Illinois Public Aid Code after the
individual has received advanced meaningful notification of
what redisclosure is sought by the Secretary in accordance with
the federal Privacy Act, (5.5) to the Department of Healthcare
and Family Services and the Department of Human Services solely
for the purpose of verifying Illinois residency where such
residency is an eligibility requirement for benefits under the
Illinois Public Aid Code or any other health benefit program
administered by the Department of Healthcare and Family
Services or the Department of Human Services, or (6) to the
Illinois Department of Revenue solely for use by the Department
in the collection of any tax or debt that the Department of
Revenue is authorized or required by law to collect, provided
that the Department shall not disclose the social security

number to any person or entity outside of the Department, or
(7) to the Illinois Department of Veterans' Affairs for the
purpose of confirming veteran status.
(i) (Blank).
(j) Medical statements or medical reports received in the
Secretary of State's Office shall be confidential. Except as
provided in this Section, no confidential information may be
open to public inspection or the contents disclosed to anyone,
except officers and employees of the Secretary who have a need
to know the information contained in the medical reports and
the Driver License Medical Advisory Board, unless so directed
by an order of a court of competent jurisdiction. If the
Secretary receives a medical report regarding a driver that
does not address a medical condition contained in a previous
medical report, the Secretary may disclose the unaddressed
medical condition to the driver or his or her physician, or
both, solely for the purpose of submission of a medical report
that addresses the condition.
(k) All fees collected under this Section shall be paid
into the Road Fund of the State Treasury, except that (i) for
fees collected before October 1, 2003, $3 of the $6 fee for a
driver's record shall be paid into the Secretary of State
Special Services Fund, (ii) for fees collected on and after
October 1, 2003, of the $12 fee for a driver's record, $3 shall
be paid into the Secretary of State Special Services Fund and
$6 shall be paid into the General Revenue Fund, and (iii) for

fees collected on and after October 1, 2003, 50% of the amounts
collected pursuant to subsection (b) shall be paid into the
General Revenue Fund.
(l) (Blank).
(m) Notations of accident involvement that may be disclosed
under this Section shall not include notations relating to
damage to a vehicle or other property being transported by a
tow truck. This information shall remain confidential,
provided that nothing in this subsection (m) shall limit
disclosure of any notification of accident involvement to any
law enforcement agency or official.
(n) Requests made by the news media for driver's license,
vehicle, or title registration information may be furnished
without charge or at a reduced charge, as determined by the
Secretary, when the specific purpose for requesting the
documents is deemed to be in the public interest. Waiver or
reduction of the fee is in the public interest if the principal
purpose of the request is to access and disseminate information
regarding the health, safety, and welfare or the legal rights
of the general public and is not for the principal purpose of
gaining a personal or commercial benefit. The information
provided pursuant to this subsection shall not contain
personally identifying information unless the information is
to be used for one of the purposes identified in subsection
(f-5) of this Section.
(o) The redisclosure of personally identifying information

obtained pursuant to this Section is prohibited, except to the
extent necessary to effectuate the purpose for which the
original disclosure of the information was permitted.
(p) The Secretary of State is empowered to adopt rules to
effectuate this Section.
(Source: P.A. 96-1383, eff. 1-1-11; 96-1501, eff. 1-25-11;
97-229, eff. 7-28-11; 97-739, eff. 1-1-13; revised 8-3-12.)
(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
Sec. 3-400. Definitions Definition. Notwithstanding the
definition set forth in Chapter 1 of this Act, for the purposes
of this Article, the following words shall have the meaning
ascribed to them as follows:
"Apportionable Fee" means any periodic recurring fee
required for licensing or registering vehicles, such as, but
not limited to, registration fees, license or weight fees.
"Apportionable Vehicle" means any vehicle, except
recreational vehicles, vehicles displaying restricted plates,
city pickup and delivery vehicles, buses used in transportation
of chartered parties, and government owned vehicles that are
used or intended for use in 2 or more member jurisdictions that
allocate or proportionally register vehicles, in a fleet which
is used for the transportation of persons for hire or the
transportation of property and which has a gross vehicle weight
in excess of 26,000 pounds; or has three or more axles
regardless of weight; or is used in combination when the weight

of such combination exceeds 26,000 pounds gross vehicle weight.
Vehicles, or combinations having a gross vehicle weight of
26,000 pounds or less and two-axle vehicles may be
proportionally registered at the option of such owner.
"Base Jurisdiction" means, for purposes of fleet
registration, the jurisdiction where the registrant has an
established place of business, where operational records of the
fleet are maintained and where mileage is accrued by the fleet.
In case a registrant operates more than one fleet, and
maintains records for each fleet in different places, the "base
jurisdiction" for a fleet shall be the jurisdiction where an
established place of business is maintained, where records of
the operation of that fleet are maintained and where mileage is
accrued by that fleet.
"Operational Records" means documents supporting miles
traveled in each jurisdiction and total miles traveled, such as
fuel reports, trip leases, and logs.
Owner. A person who holds legal title of a motor vehicle,
or in the event a motor vehicle is the subject of an agreement
for the conditional sale or lease thereof with the right of
purchase upon performance of the conditions stated in the
agreement and with an immediate right of possession vested in
the conditional vendee or lessee with right of purchase, or in
the event a mortgagor of such motor vehicle is entitled to
possession, or in the event a lessee of such motor vehicle is
entitled to possession or control, then such conditional vendee

or lessee with right of purchase or mortgagor or lessee is
considered to be the owner for the purpose of this Act.
"Registration plate cover" means any tinted, colored,
painted, marked, clear, or illuminated object that is designed
to (i) cover any of the characters of a motor vehicle's
registration plate; or (ii) distort a recorded image of any of
the characters of a motor vehicle's registration plate recorded
by an automated enforcement system as defined in Section
11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an
automated traffic control system as defined in Section 15 of
the Automated Traffic Control Systems in Highway Construction
or Maintenance Zones Act.
"Rental Owner" means an owner principally engaged, with
respect to one or more rental fleets, in renting to others or
offering for rental the vehicles of such fleets, without
drivers.
"Restricted Plates" shall include but are not limited to
dealer, manufacturer, transporter, farm, repossessor, and
permanently mounted type plates. Vehicles displaying any of
these type plates from a foreign jurisdiction that is a member
of the International Registration Plan shall be granted
reciprocity but shall be subject to the same limitations as
similar plated Illinois registered vehicles.
(Source: P.A. 97-743, eff. 1-1-13; revised 8-3-12.)
(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)

Sec. 3-609. Disabled Veterans' Plates.
(a) Any veteran who holds proof of a service-connected
disability from the United States Department of Veterans
Affairs, and who has obtained certification from a licensed
physician, physician assistant, or advanced practice nurse
that the service-connected disability qualifies the veteran
for issuance of registration plates or decals to a person with
disabilities in accordance with Section 3-616, may, without the
payment of any registration fee, make application to the
Secretary of State for disabled veterans license plates
displaying the international symbol of access, for the
registration of one motor vehicle of the first division or one
motor vehicle of the second division weighing not more than
8,000 pounds.
(b) Any veteran who holds proof of a service-connected
disability from the United States Department of Veterans
Affairs, and whose degree of disability has been declared to be
50% or more, but whose disability does not qualify the veteran
for a plate or decal for persons with disabilities under
Section 3-616, may, without the payment of any registration
fee, make application to the Secretary for a special
registration plate without the international symbol of access
for the registration of one motor vehicle of the first division
or one motor vehicle of the second division weighing not more
than 8,000 pounds.
(c) Renewal of such registration must be accompanied with

documentation for eligibility of registration without fee
unless the applicant has a permanent qualifying disability, and
such registration plates may not be issued to any person not
eligible therefor. The Illinois Department of Veterans'
Affairs may assist in providing the documentation of
disability.
(d) The design and color of the plates shall be within the
discretion of the Secretary, except that the plates issued
under subsection (b) of this Section shall not contain the
international symbol of access. 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. Registration shall be for a multi-year period and may be
issued staggered registration.
(e) Any person eligible to receive license plates under
this Section who has been approved for benefits under the
Senior Citizens and Disabled Persons Property Tax Relief Act,
or who has claimed and received a grant under that Act, shall
pay a fee of $24 instead of the fee otherwise provided in this
Code for passenger cars displaying standard multi-year
registration plates issued under Section 3-414.1, for motor
vehicles registered at 8,000 pounds or less under Section
3-815(a), or for recreational vehicles registered at 8,000
pounds or less under Section 3-815(b), for a second set of
plates under this Section.
(Source: P.A. 96-79, eff. 1-1-10; 97-689, eff. 6-14-12; 97-918,

eff. 1-1-13; revised 8-23-12.)
(625 ILCS 5/3-658)
Sec. 3-658. Professional Sports Teams 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 Professional Sports Teams
license plates. The special plates 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 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 plates shall,
subject to the permission of the applicable team owner, display
the logo of the Chicago Bears, the Chicago Bulls, the Chicago
Blackhawks, the Chicago Cubs, the Chicago White Sox, the St.
Louis Rams, or the St. Louis Cardinals, at the applicant's
option. The Secretary may allow the plates to be issued as
vanity or personalized plates under Section 3-405.1 of the
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

Professional Sports Teams Education 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 Professional
Sports Teams Education Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The Professional Sports Teams Education Fund is created
as a special fund in the State treasury. The Comptroller shall
order transferred and the Treasurer shall transfer all moneys
in the Professional Sports Teams Team Education Fund to the
Common School Fund every 6 months.
(Source: P.A. 97-409, eff. 1-1-12; 97-914, eff. 1-1-13; revised
10-18-12.)
(625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806)
Sec. 3-806. Registration Fees; Motor Vehicles of the First
Division. Every owner of any other motor vehicle of the first
division, except as provided in Sections 3-804, 3-804.01,
3-804.3, 3-805, 3-806.3, 3-806.7, and 3-808, and every second
division vehicle weighing 8,000 pounds or less, shall pay the
Secretary of State an annual registration fee at the following
rates:

SCHEDULE OF REGISTRATION FEES
REQUIRED BY LAW
Beginning with the 2010 registration year
Annual
Fee
Motor vehicles of the first
division other than
Motorcycles, Motor Driven
Cycles and Pedalcycles $98
Motorcycles, Motor Driven
Cycles and Pedalcycles 38
Beginning with the 2010 registration year a $1 surcharge
shall be collected in addition to the above fees for motor
vehicles of the first division, motorcycles, motor driven
cycles, and pedalcycles to be deposited into the State Police
Vehicle Fund.
All of the proceeds of the additional fees imposed by
Public Act 96-34 shall be deposited into the Capital Projects
Fund.
Beginning with the 2014 registration year, a $2 surcharge
shall be collected in addition to the above fees for motor
vehicles of the first division, motorcycles, motor driven
cycles, and pedalcycles to be deposited into the Park and
Conservation Fund for the Department of Natural Resources to
use for conservation efforts. The monies deposited into the
Park and Conservation Fund under this Section shall not be

subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
(Source: P.A. 96-34, eff. 7-13-09; 96-747, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-412, eff. 1-1-12; 97-811, eff.
7-13-12; 97-1136, eff. 1-1-13; revised 1-2-13.)
(625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
Sec. 3-815. Flat weight tax; vehicles of the second
division.
(a) Except as provided in Section 3-806.3 and 3-804.3,
every owner of a vehicle of the second division registered
under Section 3-813, and not registered under the mileage
weight tax under Section 3-818, shall pay to the Secretary of
State, for each registration year, for the use of the public
highways, a flat weight tax at the rates set forth in the
following table, the rates including the $10 registration fee:
SCHEDULE OF FLAT WEIGHT TAX
REQUIRED BY LAW
Gross Weight in Lbs. Total Fees
Including Vehicle each Fiscal
and Maximum year
Load Class
8,000 lbs. and less B $98
8,001 lbs. to 12,000 lbs. D 138
12,001 lbs. to 16,000 lbs. F 242
16,001 lbs. to 26,000 lbs. H 490

26,001 lbs. to 28,000 lbs. J 630
28,001 lbs. to 32,000 lbs. K 842
32,001 lbs. to 36,000 lbs. L 982
36,001 lbs. to 40,000 lbs. N 1,202
40,001 lbs. to 45,000 lbs. P 1,390
45,001 lbs. to 50,000 lbs. Q 1,538
50,001 lbs. to 54,999 lbs. R 1,698
55,000 lbs. to 59,500 lbs. S 1,830
59,501 lbs. to 64,000 lbs. T 1,970
64,001 lbs. to 73,280 lbs. V 2,294
73,281 lbs. to 77,000 lbs. X 2,622
77,001 lbs. to 80,000 lbs. Z 2,790
Beginning with the 2010 registration year a $1 surcharge
shall be collected for vehicles registered in the 8,000 lbs.
and less flat weight plate category above to be deposited into
the State Police Vehicle Fund.
Beginning with the 2014 registration year, a $2 surcharge
shall be collected in addition to the above fees for vehicles
registered in the 8,000 lb. and less flat weight plate category
as described in this subsection (a) to be deposited into the
Park and Conservation Fund for the Department of Natural
Resources to use for conservation efforts. The monies deposited
into the Park and Conservation Fund under this Section shall
not be subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
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.
(a-1) A Special Hauling Vehicle is a vehicle or combination
of vehicles of the second division registered under Section
3-813 transporting asphalt or concrete in the plastic state or
a vehicle or combination of vehicles that are subject to the
gross weight limitations in subsection (a) of Section 15-111
for which the owner of the vehicle or combination of vehicles
has elected to pay, in addition to the registration fee in
subsection (a), $125 to the Secretary of State for each
registration year. The Secretary shall designate this class of
vehicle as a Special Hauling Vehicle.
(b) Except as provided in Section 3-806.3, every camping
trailer, motor home, mini motor home, travel trailer, truck
camper or van camper used primarily for recreational purposes,
and not used commercially, nor for hire, nor owned by a
commercial business, may be registered for each registration
year upon the filing of a proper application and the payment of
a registration fee and highway use tax, according to the
following table of fees:
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
Gross Weight in Lbs. Total Fees
Including Vehicle and Each
Maximum Load Calendar Year
8,000 lbs and less $78
8,001 Lbs. to 10,000 Lbs 90

10,001 Lbs. and Over 102
CAMPING TRAILER OR TRAVEL TRAILER
Gross Weight in Lbs. Total Fees
Including Vehicle and Each
Maximum Load Calendar Year
3,000 Lbs. and Less $18
3,001 Lbs. to 8,000 Lbs. 30
8,001 Lbs. to 10,000 Lbs. 38
10,001 Lbs. and Over 50
Every house trailer must be registered under Section 3-819.
(c) Farm Truck. Any truck used exclusively for the owner's
own agricultural, horticultural or livestock raising
operations and not-for-hire only, or any truck used only in the
transportation for-hire of seasonal, fresh, perishable fruit
or vegetables from farm to the point of first processing, may
be registered by the owner under this paragraph in lieu of
registration under paragraph (a), upon filing of a proper
application and the payment of the $10 registration fee and the
highway use tax herein specified as follows:
SCHEDULE OF FEES AND TAXES
Gross Weight in Lbs. Total Amount for
Including Truck and each
Maximum Load Class Fiscal Year
16,000 lbs. or less VF $150
16,001 to 20,000 lbs. VG 226
20,001 to 24,000 lbs. VH 290

24,001 to 28,000 lbs. VJ 378
28,001 to 32,000 lbs. VK 506
32,001 to 36,000 lbs. VL 610
36,001 to 45,000 lbs. VP 810
45,001 to 54,999 lbs. VR 1,026
55,000 to 64,000 lbs. VT 1,202
64,001 to 73,280 lbs. VV 1,290
73,281 to 77,000 lbs. VX 1,350
77,001 to 80,000 lbs. VZ 1,490
In the event the Secretary of State revokes a farm truck
registration as authorized by law, the owner shall pay the flat
weight tax due hereunder before operating such truck.
Any combination of vehicles having 5 axles, with a distance
of 42 feet or less between extreme axles, that are subject to
the weight limitations in subsection (a) of Section 15-111 for
which the owner of the combination of vehicles has elected to
pay, in addition to the registration fee in subsection (c),
$125 to the Secretary of State for each registration year shall
be designated by the Secretary as a Special Hauling Vehicle.
(d) The number of axles necessary to carry the maximum load
provided shall be determined from Chapter 15 of this Code.
(e) An owner may only apply for and receive 5 farm truck
registrations, and only 2 of those 5 vehicles shall exceed
59,500 gross weight in pounds per vehicle.
(f) Every person convicted of violating this Section by
failure to pay the appropriate flat weight tax to the Secretary

of State as set forth in the above tables shall be punished as
provided for in Section 3-401.
(Source: P.A. 96-34, eff. 7-13-09; 97-201, eff. 1-1-12; 97-811,
eff. 7-13-12; 97-1136, eff. 1-1-13; revised 1-2-13.)
(625 ILCS 5/3-902) (from Ch. 95 1/2, par. 3-902)
Sec. 3-902. Application of Article. This Article shall not
apply to (any person who, in connection with the issuance of a
license to him to conduct a business in this State other than a
remitter's license, shall have filed, pursuant to a statutory
requirement, a surety bond covering the proper discharge of any
liability incurred by him in connection with the acceptance for
remittance of money for the purposes designated in the Article
pursuant to which he or she is licensed.
(Source: P.A. 97-832, eff. 7-20-12; revised 8-3-12.)
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
Sec. 6-106. Application for license or instruction permit.
(a) Every application for any permit or license authorized
to be issued under this Act shall be made upon a form furnished
by the Secretary of State. Every application shall be
accompanied by the proper fee and payment of such fee shall
entitle the applicant to not more than 3 attempts to pass the
examination within a period of 1 year after the date of
application.
(b) Every application shall state the legal name, social

security number, zip code, date of birth, sex, and residence
address of the applicant; briefly describe the applicant; state
whether the applicant has theretofore been licensed as a
driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended,
revoked or refused, and, if so, the date and reason for such
cancellation, suspension, revocation or refusal; shall include
an affirmation by the applicant that all information set forth
is true and correct; and shall bear the applicant's signature.
In addition to the residence address, the Secretary may allow
the applicant to provide a mailing address. In the case of an
applicant who is a judicial officer, the Secretary may allow
the applicant to provide an office or work address in lieu of a
residence or mailing address. The application form may also
require the statement of such additional relevant information
as the Secretary of State shall deem necessary to determine the
applicant's competency and eligibility. The Secretary of State
may, in his discretion, by rule or regulation, provide that an
application for a drivers license or permit may include a
suitable photograph of the applicant in the form prescribed by
the Secretary, and he may further provide that each drivers
license shall include a photograph of the driver. The Secretary
of State may utilize a photograph process or system most
suitable to deter alteration or improper reproduction of a
drivers license and to prevent substitution of another photo
thereon.

(c) The application form shall include a notice to the
applicant of the registration obligations of sex offenders
under the Sex Offender Registration Act. The notice shall be
provided in a form and manner prescribed by the Secretary of
State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender
Registration Act.
(d) Any male United States citizen or immigrant who applies
for any permit or license authorized to be issued under this
Act or for a renewal of any permit or license, and who is at
least 18 years of age but less than 26 years of age, must be
registered in compliance with the requirements of the federal
Military Selective Service Act. The Secretary of State must
forward in an electronic format the necessary personal
information regarding the applicants identified in this
subsection (d) to the Selective Service System. The applicant's
signature on the application serves as an indication that the
applicant either has already registered with the Selective
Service System or that he is authorizing the Secretary to
forward to the Selective Service System the necessary
information for registration. The Secretary must notify the
applicant at the time of application that his signature
constitutes consent to registration with the Selective Service
System, if he is not already registered.
(e) Beginning on or before July 1, 2015, for each original
or renewal driver's license application under this Act, the

Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing a driver's license with a
veteran designation under subsection (e-5) of Section 6-110 of
this Chapter. The acceptable forms of proof shall include, but
are not limited to, Department of Defense form DD-214. The
Secretary shall determine by rule what other forms of proof of
a person's status as a veteran are acceptable.
The Illinois Department of Veterans' Affairs shall confirm
the status of the applicant as an honorably discharged veteran
before the Secretary may issue the driver's license.
For purposes of this subsection (e):
"Active duty" means active duty under 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.
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit called to active duty.
"Veteran" means a person who has served on active duty in
the armed forces and was discharged or separated under
honorable conditions.
(Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11;
97-739, eff. 1-1-13; 97-847, eff. 1-1-13; revised 8-3-12.)
(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
Sec. 6-110. Licenses issued to drivers.
(a) The Secretary of State shall issue to every qualifying

applicant a driver's license as applied for, which license
shall bear a distinguishing number assigned to the licensee,
the legal name, signature, zip code, date of birth, residence
address, and a brief description of the licensee.
Licenses issued shall also indicate the classification and
the restrictions under Section 6-104 of this Code. The
Secretary may adopt rules to establish informational
restrictions that can be placed on the driver's license
regarding specific conditions of the licensee.
A driver's license issued may, in the discretion of the
Secretary, include a suitable photograph of a type prescribed
by the Secretary.
(a-1) If the licensee is less than 18 years of age, unless
one of the exceptions in subsection (a-2) apply, the license
shall, as a matter of law, be invalid for the operation of any
motor vehicle during the following times:
(A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(B) Between 11:00 p.m. Saturday and 6:00 a.m. on
Sunday; and
(C) Between 10:00 p.m. on Sunday to Thursday,
inclusive, and 6:00 a.m. on the following day.
(a-2) The driver's license of a person under the age of 18
shall not be invalid as described in subsection (a-1) of this
Section if the licensee under the age of 18 was:
(1) accompanied by the licensee's parent or guardian or
other person in custody or control of the minor;

(2) on an errand at the direction of the minor's parent
or guardian, without any detour or stop;
(3) in a motor vehicle involved in interstate travel;
(4) going to or returning home from an employment
activity, without any detour or stop;
(5) involved in an emergency;
(6) going to or returning home from, without any detour
or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored
by a government or governmental agency, a civic
organization, or another similar entity that takes
responsibility for the licensee, without any detour or
stop;
(7) exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly; or
(8) married or had been married or is an emancipated
minor under the Emancipation of Minors Act.
(a-2.5) The driver's license of a person who is 17 years of
age and has been licensed for at least 12 months is not invalid
as described in subsection (a-1) of this Section while the
licensee is participating as an assigned driver in a Safe Rides
program that meets the following criteria:
(1) the program is sponsored by the Boy Scouts of
America or another national public service organization;
and

(2) the sponsoring organization carries liability
insurance covering the program.
(a-3) If a graduated driver's license holder over the age
of 18 committed an offense against traffic regulations
governing the movement of vehicles or any violation of Section
6-107 or Section 12-603.1 of this Code in the 6 months prior to
the graduated driver's license holder's 18th birthday, and was
subsequently convicted of the offense, the provisions of
subsection (a-1) shall continue to apply 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 Section 6-107 or Section 12-603.1 of this Code.
(a-4) If an applicant for a driver's license or instruction
permit has a current identification card issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(a-5) If an applicant for a driver's license is a judicial
officer, the applicant may elect to have his or her office or
work address listed on the license instead of the applicant's
residence or mailing address. The Secretary of State shall
adopt rules to implement this subsection (a-5).
(b) Until the Secretary of State establishes a First Person

Consent organ and tissue donor registry under Section 6-117 of
this Code, the Secretary of State shall provide a format on the
reverse of each driver's license issued which the licensee may
use to execute a document of gift conforming to the provisions
of the Illinois Anatomical Gift Act. The format shall allow the
licensee to indicate the gift intended, whether specific
organs, any organ, or the entire body, and shall accommodate
the signatures of the donor and 2 witnesses. The Secretary
shall also inform each applicant or licensee of this format,
describe the procedure for its execution, and may offer the
necessary witnesses; provided that in so doing, the Secretary
shall advise the applicant or licensee that he or she is under
no compulsion to execute a document of gift. A brochure
explaining this method of executing an anatomical gift document
shall be given to each applicant or licensee. The brochure
shall advise the applicant or licensee that he or she is under
no compulsion to execute a document of gift, and that he or she
may wish to consult with family, friends or clergy before doing
so. The Secretary of State may undertake additional efforts,
including education and awareness activities, to promote organ
and tissue donation.
(c) The Secretary of State shall designate on each driver's
license issued a space where the licensee may place a sticker
or decal of the uniform size as the Secretary may specify,
which sticker or decal may indicate in appropriate language
that the owner of the license carries an Emergency Medical

Information Card.
The sticker may be provided by any person, hospital,
school, medical group, or association interested in assisting
in implementing the Emergency Medical Information Card, but
shall meet the specifications as the Secretary may by rule or
regulation require.
(d) The Secretary of State shall designate on each driver's
license issued a space where the licensee may indicate his
blood type and RH factor.
(e) The Secretary of State shall provide that each original
or renewal driver's license issued to a licensee under 21 years
of age shall be of a distinct nature from those driver's
licenses issued to individuals 21 years of age and older. The
color designated for driver's licenses for licensees under 21
years of age shall be at the discretion of the Secretary of
State.
(e-1) The Secretary shall provide that each driver's
license issued to a person under the age of 21 displays the
date upon which the person becomes 18 years of age and the date
upon which the person becomes 21 years of age.
(e-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State in
identifying these veterans and delivering these vital services

and benefits, the Secretary of State is authorized to issue
drivers' licenses with the word "veteran" appearing on the face
of the licenses. This authorization is predicated on the unique
status of veterans. The Secretary may not issue any other
driver's license which identifies an occupation, status,
affiliation, hobby, or other unique characteristics of the
license holder which is unrelated to the purpose of the
driver's license.
(e-5) Beginning on or before July 1, 2015, the Secretary of
State shall designate a space on each original or renewal
driver's license where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (e) of Section paragraph 6-106 of this Code Chapter
who was discharged or separated under honorable conditions.
(f) The Secretary of State shall inform all Illinois
licensed commercial motor vehicle operators of the
requirements of the Uniform Commercial Driver License Act,
Article V of this Chapter, and shall make provisions to insure
that all drivers, seeking to obtain a commercial driver's
license, be afforded an opportunity prior to April 1, 1992, to
obtain the license. The Secretary is authorized to extend
driver's license expiration dates, and assign specific times,
dates and locations where these commercial driver's tests shall
be conducted. Any applicant, regardless of the current
expiration date of the applicant's driver's license, may be

subject to any assignment by the Secretary. Failure to comply
with the Secretary's assignment may result in the applicant's
forfeiture of an opportunity to receive a commercial driver's
license prior to April 1, 1992.
(g) The Secretary of State shall designate on a driver's
license issued, a space where the licensee may indicate that he
or she has drafted a living will in accordance with the
Illinois Living Will Act or a durable power of attorney for
health care in accordance with the Illinois Power of Attorney
Act.
(g-1) The Secretary of State, in his or her discretion, may
designate on each driver's license issued a space where the
licensee may place a sticker or decal, issued by the Secretary
of State, of uniform size as the Secretary may specify, that
shall indicate in appropriate language that the owner of the
license has renewed his or her driver's license.
(h) A person who acts in good faith in accordance with the
terms of this Section is not liable for damages in any civil
action or subject to prosecution in any criminal proceeding for
his or her act.
(Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10;
97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847, eff. 1-1-13;
97-1127, eff. 1-1-13; revised 8-3-12.)
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
Sec. 6-500. Definitions of words and phrases.

Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below have the
meanings ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to ethanol,
methanol, propanol, and isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:
(A) the number of grams of alcohol per 210 liters of
breath; or
(B) the number of grams of alcohol per 100 milliliters
of blood; or
(C) the number of grams of alcohol per 67 milliliters
of urine.
Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(5.3) CDLIS driver record. "CDLIS driver record" means the
electronic record of the individual CDL driver's status and
history stored by the State-of-Record as part of the Commercial
Driver's License Information System, or CDLIS, established
under 49 U.S.C. 31309.

(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
record" or "CDLIS MVR" means a report generated from the CDLIS
driver record meeting the requirements for access to CDLIS
information and provided by states to users authorized in 49
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721�2725.
(5.7) Commercial driver's license downgrade. "Commercial
driver's license downgrade" or "CDL downgrade" means either:
(A) a state allows the driver to change his or her
self-certification to interstate, but operating
exclusively in transportation or operation excepted from
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
391.2, 391.68, or 398.3;
(B) a state allows the driver to change his or her
self-certification to intrastate only, if the driver
qualifies under that state's physical qualification
requirements for intrastate only;
(C) a state allows the driver to change his or her
certification to intrastate, but operating exclusively in
transportation or operations excepted from all or part of
the state driver qualification requirements; or
(D) a state removes the CDL privilege from the driver
license.
(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a motor
vehicle used in commerce, except those referred to in

subdivision (B), designed to transport passengers or
property if:
(i) the vehicle has a GVWR of 26,001 pounds or more
or such a lesser GVWR as subsequently determined by
federal regulations or the Secretary of State; or any
combination of vehicles with a GCWR of 26,001 pounds or
more, provided the GVWR of any vehicle or vehicles
being towed is 10,001 pounds or more; or
(ii) the vehicle is designed to transport 16 or
more persons; or
(iii) the vehicle is transporting hazardous
materials and is required to be placarded in accordance
with 49 C.F.R. Part 172, subpart F.
(B) Pursuant to the interpretation of the Commercial
Motor Vehicle Safety Act of 1986 by the Federal Highway
Administration, the definition of "commercial motor
vehicle" does not include:
(i) recreational vehicles, when operated primarily
for personal use;
(ii) vehicles owned by or operated under the
direction of the United States Department of Defense or
the United States Coast Guard only when operated by
non-civilian personnel. This includes any operator on
active military duty; members of the Reserves;
National Guard; personnel on part-time training; and
National Guard military technicians (civilians who are

required to wear military uniforms and are subject to
the Code of Military Justice); or
(iii) firefighting, police, and other emergency
equipment (including, without limitation, equipment
owned or operated by a HazMat or technical rescue team
authorized by a county board under Section 5-1127 of
the Counties Code), with audible and visual signals,
owned or operated by or for a governmental entity,
which is necessary to the preservation of life or
property or the execution of emergency governmental
functions which are normally not subject to general
traffic rules and regulations.
(7) Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the Illinois
Controlled Substances Act, and shall also include cannabis as
defined in Section 3 of the Cannabis Control Act and
methamphetamine as defined in Section 10 of the Methamphetamine
Control and Community Protection Act.
(8) Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or by an authorized administrative
tribunal; an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court; a plea of
guilty or nolo contendere accepted by the court; the payment of
a fine or court cost regardless of whether the imposition of

sentence is deferred and ultimately a judgment dismissing the
underlying charge is entered; or a violation of a condition of
release without bail, regardless of whether or not the penalty
is rebated, suspended or probated.
(8.5) Day. "Day" means calendar day.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, any person who is required to hold a CDL, or any
person who is a holder of a CDL while operating a
non-commercial motor vehicle.
(13.5) Driver applicant. "Driver applicant" means an
individual who applies to a state to obtain, transfer, upgrade,
or renew a CDL.
(13.8) Electronic device. "Electronic device" includes,
but is not limited to, a cellular telephone, personal digital
assistant, pager, computer, or any other device used to input,
write, send, receive, or read text.
(14) Employee. "Employee" means a person who is employed as
a commercial motor vehicle driver. A person who is
self-employed as a commercial motor vehicle driver must comply
with the requirements of this UCDLA pertaining to employees. An
owner-operator on a long-term lease shall be considered an

employee.
(15) Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or leases
a commercial motor vehicle or assigns employees to operate such
a vehicle. A person who is self-employed as a commercial motor
vehicle driver must comply with the requirements of this UCDLA.
(15.3) Excepted interstate. "Excepted interstate" means a
person who operates or expects to operate in interstate
commerce, but engages exclusively in transportation or
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
398.3 from all or part of the qualification requirements of 49
C.F.R. Part 391 and is not required to obtain a medical
examiner's certificate by 49 C.F.R. 391.45.
(15.5) Excepted intrastate. "Excepted intrastate" means a
person who operates in intrastate commerce but engages
exclusively in transportation or operations excepted from all
or parts of the state driver qualification requirements.
(16) (Blank).
(16.5) Fatality. "Fatality" means the death of a person as
a result of a motor vehicle accident.
(17) Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the definition
of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous materials. "Hazardous Material" means any

material that has been designated under 49 U.S.C. 5103 and is
required to be placarded under subpart F of 49 C.F.R. part 172
or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73.
(20.5) Imminent Hazard. "Imminent hazard" means the
existence of a condition that presents a substantial likelihood
that death, serious illness, severe personal injury, or a
substantial endangerment to health, property, or the
environment may occur before the reasonably foreseeable
completion date of a formal proceeding begun to lessen the risk
of that death, illness, injury or endangerment.
(21) Long-term lease. "Long-term lease" means a lease of a
commercial motor vehicle by the owner-lessor to a lessee, for a
period of more than 29 days.
(21.1) Medical examiner. "Medical examiner" means a person
who is licensed, certified, or registered in accordance with
applicable state laws and regulations to perform physical
examinations. The term includes but is not limited to doctors
of medicine, doctors of osteopathy, physician assistants,
advanced practice nurses, and doctors of chiropractic.
(21.2) Medical examiner's certificate. "Medical examiner's
certificate" means a document prescribed or approved by the
Secretary of State that is issued by a medical examiner to a
driver to medically qualify him or her to drive.
(21.5) Medical variance. "Medical variance" means a driver
has received one of the following from the Federal Motor

Carrier Safety Administration which allows the driver to be
issued a medical certificate: (1) an exemption letter
permitting operation of a commercial motor vehicle pursuant to
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
skill performance evaluation (SPE) certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
(21.7) Mobile telephone. "Mobile telephone" means a mobile
communication device that falls under or uses any commercial
mobile radio service, as defined in regulations of the Federal
Communications Commission, 47 CFR 20.3. It does not include
two-way or citizens band radio services.
(22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but not
operated upon rails, except vehicles moved solely by human
power and motorized wheel chairs.
(22.2) Motor vehicle record. "Motor vehicle record" means a
report of the driving status and history of a driver generated
from the driver record provided to users, such as drivers or
employers, and is subject to the provisions of the Driver
Privacy Protection Act, 18 U.S.C. 2721-2725.
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or
combination of motor vehicles not defined by the term
"commercial motor vehicle" or "CMV" in this Section.
(22.7) Non-excepted interstate. "Non-excepted interstate"

means a person who operates or expects to operate in interstate
commerce, is subject to and meets the qualification
requirements under 49 C.F.R. Part 391, and is required to
obtain a medical examiner's certificate by 49 C.F.R. 391.45.
(22.8) Non-excepted intrastate. "Non-excepted intrastate"
means a person who operates only in intrastate commerce and is
subject to State driver qualification requirements.
(23) Non-resident CDL. "Non-resident CDL" means a
commercial driver's license issued by a state under either of
the following two conditions:
(i) to an individual domiciled in a foreign country
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(ii) to an individual domiciled in another state
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation.
"Railroad-highway grade crossing violation" means a violation,
while operating a commercial motor vehicle, of any of the
following:
(A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
(B) Any other similar law or local ordinance of any
state relating to railroad-highway grade crossing.

(25.7) School Bus. "School bus" means a commercial motor
vehicle used to transport pre-primary, primary, or secondary
school students from home to school, from school to home, or to
and from school-sponsored events. "School bus" does not include
a bus used as a common carrier.
(26) Serious Traffic Violation. "Serious traffic
violation" means:
(A) a conviction when operating a commercial motor
vehicle, or when operating a non-CMV while holding a CDL,
of:
(i) a violation relating to excessive speeding,
involving a single speeding charge of 15 miles per hour
or more above the legal speed limit; or
(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local
ordinance relating to motor vehicle traffic control
(other than parking violations) arising in connection
with a fatal traffic accident; or
(iv) a violation of Section 6-501, relating to
having multiple driver's licenses; or
(v) a violation of paragraph (a) of Section 6-507,
relating to the requirement to have a valid CDL; or
(vi) a violation relating to improper or erratic
traffic lane changes; or
(vii) a violation relating to following another
vehicle too closely; or

(viii) a violation relating to texting while
driving; or
(ix) a violation relating to the use of a hand-held
mobile telephone while driving; or
(B) any other similar violation of a law or local
ordinance of any state relating to motor vehicle traffic
control, other than a parking violation, which the
Secretary of State determines by administrative rule to be
serious.
(27) State. "State" means a state of the United States, the
District of Columbia and any province or territory of Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(32) Texting. "Texting" means manually entering
alphanumeric text into, or reading text from, an electronic
device.
(1) Texting includes, but is not limited to, short
message service, emailing, instant messaging, a command or
request to access a World Wide Web page, pressing more than
a single button to initiate or terminate a voice
communication using a mobile telephone, or engaging in any
other form of electronic text retrieval or entry for
present or future communication.
(2) Texting does not include:

(i) inputting, selecting, or reading information
on a global positioning system or navigation system; or
(ii) pressing a single button to initiate or
terminate a voice communication using a mobile
telephone; or
(iii) using a device capable of performing
multiple functions (for example, a fleet management
system, dispatching device, smart phone, citizens band
radio, or music player) for a purpose that is not
otherwise prohibited by Part 392 of the Federal Motor
Carrier Safety Regulations.
(33) Use a hand-held mobile telephone. "Use a hand-held
mobile telephone" means:
(1) using at least one hand to hold a mobile telephone
to conduct a voice communication;
(2) dialing or answering a mobile telephone by pressing
more than a single button; or
(3) reaching for a mobile telephone in a manner that
requires a driver to maneuver so that he or she is no
longer in a seated driving position, restrained by a seat
belt that is installed in accordance with 49 CFR 393.93 and
adjusted in accordance with the vehicle manufacturer's
instructions.
(Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829,
eff. 1-1-13; revised 8-3-12.)

(625 ILCS 5/11-208.6)
Sec. 11-208.6. Automated traffic law enforcement system.
(a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with a red light signal
to produce recorded images of motor vehicles entering an
intersection against a red signal indication in violation of
Section 11-306 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system, in
a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
(b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate number of the motor
vehicle.
(b-5) A municipality or county that produces a recorded

image of a motor vehicle's violation of a provision of this
Code or a local ordinance must make the recorded images of a
violation accessible to the alleged violator by providing the
alleged violator with a website address, accessible through the
Internet.
(c) Except as provided under Section 11-208.8 of this Code,
a county or municipality, including a home rule county or
municipality, may not use an automated traffic law enforcement
system to provide recorded images of a motor vehicle for the
purpose of recording its speed. Except as provided under
Section 11-208.8 of this Code, the regulation of the use of
automated traffic law enforcement systems to record vehicle
speeds is an exclusive power and function of the State. This
subsection (c) is a denial and limitation of home rule powers
and functions under subsection (h) of Section 6 of Article VII
of the Illinois Constitution.
(c-5) A county or municipality, including a home rule
county or municipality, may not use an automated traffic law
enforcement system to issue violations in instances where the
motor vehicle comes to a complete stop and does not enter the
intersection, as defined by Section 1-132 of this Code, during
the cycle of the red signal indication unless one or more
pedestrians or bicyclists are present, even if the motor
vehicle stops at a point past a stop line or crosswalk where a
driver is required to stop, as specified in subsection (c) of
Section 11-306 of this Code or a similar provision of a local

ordinance.
(c-6) A county, or a municipality with less than 2,000,000
inhabitants, including a home rule county or municipality, may
not use an automated traffic law enforcement system to issue
violations in instances where a motorcyclist enters an
intersection against a red signal indication when the red
signal fails to change to a green signal within a reasonable
period of time not less than 120 seconds because of a signal
malfunction or because the signal has failed to detect the
arrival of the motorcycle due to the motorcycle's size or
weight.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automatic traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, 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.
The notice shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;

(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
requirements of any traffic education program imposed and
the date by which the civil penalty should be paid and the
traffic education program should be completed;
(8) a statement that recorded images are evidence of a
violation of a red light signal;
(9) a warning that failure to pay the civil penalty, to
complete a required traffic education program, or to
contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(10) a statement that the person may elect to proceed
by:
(A) paying the fine, completing a required traffic
education program, or both; or
(B) challenging the charge in court, by mail, or by
administrative hearing; and
(11) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(e) If a person charged with a traffic violation, as a
result of an automated traffic law enforcement system, does not

pay the fine or complete a required traffic education program,
or both, or successfully contest the civil penalty resulting
from that violation, the Secretary of State shall suspend the
driving privileges of the registered owner of the vehicle under
Section 6-306.5 of this Code for failing to complete a required
traffic education program or to pay any fine or penalty due and
owing, or both, as a result of a combination of 5 violations of
the automated traffic law enforcement system or the automated
speed enforcement system under Section 11-208.8 of this Code.
(f) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(g) Recorded images made by an automatic traffic law
enforcement system are confidential and shall be made available
only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(h) The court or hearing officer may consider in defense of
a violation:
(1) that the motor vehicle or registration plates of
the motor vehicle were stolen before the violation occurred

and not under the control of or in the possession of the
owner at the time of the violation;
(2) that the driver of the vehicle passed through the
intersection when the light was red either (i) in order to
yield the right-of-way to an emergency vehicle or (ii) as
part of a funeral procession; and
(3) any other evidence or issues provided by municipal
or county ordinance.
(i) To demonstrate that the motor vehicle or the
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner at
the time of the violation, the owner must submit proof that a
report concerning the stolen motor vehicle or registration
plates was filed with a law enforcement agency in a timely
manner.
(j) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $100 or the completion of a traffic
education program, or both, plus an additional penalty of not
more than $100 for failure to pay the original penalty or to
complete a required traffic education program, or both, in a
timely manner, if the motor vehicle is recorded by an automated
traffic law enforcement system. A violation for which a civil
penalty is imposed under this Section is not a violation of a
traffic regulation governing the movement of vehicles and may

not be recorded on the driving record of the owner of the
vehicle.
(j-3) A registered owner who is a holder of a valid
commercial driver's license is not required to complete a
traffic education program.
(j-5) For purposes of the required traffic education
program only, a registered owner may submit an affidavit to the
court or hearing officer swearing that at the time of the
alleged violation, the vehicle was in the custody and control
of another person. The affidavit must identify the person in
custody and control of the vehicle, including the person's name
and current address. The person in custody and control of the
vehicle at the time of the violation is required to complete
the required traffic education program. If the person in
custody and control of the vehicle at the time of the violation
completes the required traffic education program, the
registered owner of the vehicle is not required to complete a
traffic education program.
(k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to
approaching traffic indicating that the intersection is being
monitored by an automated traffic law enforcement system.
(k-3) A municipality or county that has one or more
intersections equipped with an automated traffic law
enforcement system must provide notice to drivers by posting
the locations of automated traffic law systems on the

municipality or county website.
(k-5) An intersection equipped with an automated traffic
law enforcement system must have a yellow change interval that
conforms with the Illinois Manual on Uniform Traffic Control
Devices (IMUTCD) published by the Illinois Department of
Transportation.
(k-7) A municipality or county operating an automated
traffic law enforcement system shall conduct a statistical
analysis to assess the safety impact of each automated traffic
law enforcement system at an intersection following
installation of the system. The statistical analysis shall be
based upon the best available crash, traffic, and other data,
and shall cover a period of time before and after installation
of the system sufficient to provide a statistically valid
comparison of safety impact. The statistical analysis shall be
consistent with professional judgment and acceptable industry
practice. The statistical analysis also shall be consistent
with the data required for valid comparisons of before and
after conditions and shall be conducted within a reasonable
period following the installation of the automated traffic law
enforcement system. The statistical analysis required by this
subsection (k-7) shall be made available to the public and
shall be published on the website of the municipality or
county. If the statistical analysis for the 36 month period
following installation of the system indicates that there has
been an increase in the rate of accidents at the approach to

the intersection monitored by the system, the municipality or
county shall undertake additional studies to determine the
cause and severity of the accidents, and may take any action
that it determines is necessary or appropriate to reduce the
number or severity of the accidents at that intersection.
(l) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(m) This Section applies only to the counties of Cook,
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
to municipalities located within those counties.
(n) 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.
(o) A municipality or county shall make a certified report
to the Secretary of State pursuant to Section 6-306.5 of this
Code whenever a registered owner of a vehicle has failed to pay
any fine or penalty due and owing as a result of a combination

of 5 offenses for automated traffic law or speed enforcement
system violations.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to
this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
(Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11;
97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672, eff. 7-1-12;
97-762, eff. 7-6-12; revised 7-16-12.)
(625 ILCS 5/11-208.8)
Sec. 11-208.8. Automated speed enforcement systems in
safety zones.
(a) As used in this Section:

"Automated speed enforcement system" means a photographic
device, radar device, laser device, or other electrical or
mechanical device or devices installed or utilized in a safety
zone and designed to record the speed of a vehicle and obtain a
clear photograph or other recorded image of the vehicle and the
vehicle's registration plate while the driver is violating
Article VI of Chapter 11 of this Code or a similar provision of
a local ordinance.
An automated speed enforcement system is a system, located
in a safety zone which is under the jurisdiction of a
municipality, that produces a recorded image of a motor
vehicle's violation of a provision of this Code or a local
ordinance and is designed to obtain a clear recorded image of
the vehicle and the vehicle's license plate. The recorded image
must also display the time, date, and location of the
violation.
"Owner" means the person or entity to whom the vehicle is
registered.
"Recorded image" means images recorded by an automated
speed enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate number of the motor

vehicle.
"Safety zone" means an area that is within one-eighth of a
mile from the nearest property line of any public or private
elementary or secondary school, or from the nearest property
line of any facility, area, or land owned by a school district
that is used for educational purposes approved by the Illinois
State Board of Education, not including school district
headquarters or administrative buildings. A safety zone also
includes an area that is within one-eighth of a mile from the
nearest property line of any facility, area, or land owned by a
park district used for recreational purposes. However, if any
portion of a roadway is within either one-eighth mile radius,
the safety zone also shall include the roadway extended to the
furthest portion of the next furthest intersection. The term
"safety zone" does not include any portion of the roadway known
as Lake Shore Drive or any controlled access highway with 8 or
more lanes of traffic.
(a-5) The automated speed enforcement system shall be
operational and violations shall be recorded only at the
following times:
(i) if the safety zone is based upon the property line
of any facility, area, or land owned by a school district,
only on school days and no earlier than 6 a.m. and no later
than 8:30 p.m. if the school day is during the period of
Monday through Thursday, or 9 p.m. if the school day is a
Friday; and

(ii) if the safety zone is based upon the property line
of any facility, area, or land owned by a park district, no
earlier than one hour prior to the time that the facility,
area, or land is open to the public or other patrons, and
no later than one hour after the facility, area, or land is
closed to the public or other patrons.
(b) A municipality that produces a recorded image of a
motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged
violator with a website address, accessible through the
Internet.
(c) Notwithstanding any penalties for any other violations
of this Code, the owner of a motor vehicle used in a traffic
violation recorded by an automated speed enforcement system
shall be subject to the following penalties:
(1) if the recorded speed is no less than 6 miles per
hour and no more than 10 miles per hour over the legal
speed limit, a civil penalty not exceeding $50, plus an
additional penalty of not more than $50 for failure to pay
the original penalty in a timely manner; or
(2) if the recorded speed is more than 10 miles per
hour over the legal speed limit, a civil penalty not
exceeding $100, plus an additional penalty of not more than
$100 for failure to pay the original penalty in a timely
manner.

A penalty may not be imposed under this Section if the
driver of the motor vehicle received a Uniform Traffic Citation
from a police officer for a speeding violation occurring within
one-eighth of a mile and 15 minutes of the violation that was
recorded by the system. A violation for which a civil penalty
is imposed under this Section is not a violation of a traffic
regulation governing the movement of vehicles and may not be
recorded on the driving record of the owner of the vehicle. A
law enforcement officer is not required to be present or to
witness the violation. No penalty may be imposed under this
Section if the recorded speed of a vehicle is 5 miles per hour
or less over the legal speed limit. The municipality may send,
in the same manner that notices are sent under this Section, a
speed violation warning notice where the violation involves a
speed of 5 miles per hour or less above the legal speed limit.
(d) The net proceeds that a municipality receives from
civil penalties imposed under an automated speed enforcement
system, after deducting all non-personnel and personnel costs
associated with the operation and maintenance of such system,
shall be expended or obligated by the municipality for the
following purposes:
(i) public safety initiatives to ensure safe passage
around schools, and to provide police protection and
surveillance around schools and parks, including but not
limited to: (1) personnel costs; and (2) non-personnel
costs such as construction and maintenance of public safety

infrastructure and equipment;
(ii) initiatives to improve pedestrian and traffic
safety; and
(iii) construction and maintenance of infrastructure
within the municipality, including but not limited to roads
and bridges; and
(iv) after school programs.
(e) For each violation of a provision of this Code or a
local ordinance recorded by an automated speed enforcement
system, the municipality having jurisdiction shall issue a
written notice of the violation to the registered owner of the
vehicle as the alleged violator. The notice shall be delivered
to the registered owner of the vehicle, by mail, within 30 days
after the Secretary of State notifies the municipality of the
identity of the owner of the vehicle, but in no event later
than 90 days after the violation.
(f) The notice required under subsection (e) of this
Section shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the date, time, and location where the violation
occurred;
(5) a copy of the recorded image or images;

(6) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(7) a statement that recorded images are evidence of a
violation of a speed restriction;
(8) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(9) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or by
administrative hearing; and
(10) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(g) If a person charged with a traffic violation, as a
result of an automated speed enforcement system, does not pay
the fine or successfully contest the civil penalty resulting
from that violation, the Secretary of State shall suspend the
driving privileges of the registered owner of the vehicle under
Section 6-306.5 of this Code for failing to pay any fine or
penalty due and owing, or both, as a result of a combination of
5 violations of the automated speed enforcement system or the
automated traffic law under Section 11-208.6 of this Code.
(h) Based on inspection of recorded images produced by an

automated speed enforcement system, a notice alleging that the
violation occurred shall be evidence of the facts contained in
the notice and admissible in any proceeding alleging a
violation under this Section.
(i) Recorded images made by an automated speed enforcement
system are confidential and shall be made available only to the
alleged violator and governmental and law enforcement agencies
for purposes of adjudicating a violation of this Section, for
statistical purposes, or for other governmental purposes. Any
recorded image evidencing a violation of this Section, however,
may be admissible in any proceeding resulting from the issuance
of the citation.
(j) The court or hearing officer may consider in defense of
a violation:
(1) that the motor vehicle or registration plates of
the motor vehicle were stolen before the violation occurred
and not under the control or in the possession of the owner
at the time of the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer for a
speeding violation occurring within one-eighth of a mile
and 15 minutes of the violation that was recorded by the
system; and
(3) any other evidence or issues provided by municipal
ordinance.
(k) To demonstrate that the motor vehicle or the

registration plates were stolen before the violation occurred
and were not under the control or possession of the owner at
the time of the violation, the owner must submit proof that a
report concerning the stolen motor vehicle or registration
plates was filed with a law enforcement agency in a timely
manner.
(l) A roadway equipped with an automated speed enforcement
system shall be posted with a sign conforming to the national
Manual on Uniform Traffic Control Devices that is visible to
approaching traffic stating that vehicle speeds are being
photo-enforced and indicating the speed limit. The
municipality shall install such additional signage as it
determines is necessary to give reasonable notice to drivers as
to where automated speed enforcement systems are installed.
(m) A roadway where a new automated speed enforcement
system is installed shall be posted with signs providing 30
days notice of the use of a new automated speed enforcement
system prior to the issuance of any citations through the
automated speed enforcement system.
(n) The compensation paid for an automated speed
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(o) A municipality shall make a certified report to the
Secretary of State pursuant to Section 6-306.5 of this Code

whenever a registered owner of a vehicle has failed to pay any
fine or penalty due and owing as a result of a combination of 5
offenses for automated speed or traffic law enforcement system
violations.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to
this subsection, the municipality may issue the violation to
the lessee of the vehicle in the same manner as it would issue
a violation to a registered owner of a vehicle pursuant to this
Section, and the lessee may be held liable for the violation.
(q) A municipality using an automated speed enforcement
system must provide notice to drivers by publishing the
locations of all safety zones where system equipment is
installed on the website of the municipality.
(r) A municipality operating an automated speed
enforcement system shall conduct a statistical analysis to
assess the safety impact of the system. The statistical

analysis shall be based upon the best available crash, traffic,
and other data, and shall cover a period of time before and
after installation of the system sufficient to provide a
statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be
made available to the public and shall be published on the
website of the municipality.
(s) This Section applies only to municipalities with a
population of 1,000,000 or more inhabitants.
(Source: P.A. 97-672, eff. 7-1-12; 97-674, eff. 7-1-12; revised
8-3-12.)
(625 ILCS 5/11-501.01)
Sec. 11-501.01. Additional administrative sanctions.
(a) After a finding of guilt and prior to any final
sentencing or an order for supervision, for an offense based
upon an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists

and the extent of the problem, and undergo the imposition of
treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be paid
for by the individual required to undergo the professional
evaluation.
(b) Any person who is found guilty of or pleads guilty to
violating Section 11-501, including any person receiving a
disposition of court supervision for violating that Section,
may be required by the Court to attend a victim impact panel
offered by, or under contract with, a county State's Attorney's
office, a probation and court services department, Mothers
Against Drunk Driving, or the Alliance Against Intoxicated
Motorists. All costs generated by the victim impact panel shall
be paid from fees collected from the offender or as may be
determined by the court.
(c) Every person found guilty of violating Section 11-501,
whose operation of a motor vehicle while in violation of that
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of this
Section.
(d) The Secretary of State shall revoke the driving
privileges of any person convicted under Section 11-501 or a
similar provision of a local ordinance.
(e) The Secretary of State shall require the use of

ignition interlock devices on all vehicles owned by a person
who has been convicted of a second or subsequent offense of
Section 11-501 or a similar provision of a local ordinance. The
person must pay to the Secretary of State DUI Administration
Fund an amount not to exceed $30 for each month that he or she
uses the device. The Secretary shall establish by rule and
regulation the procedures for certification and use of the
interlock system, the amount of the fee, and the procedures,
terms, and conditions relating to these fees.
(f) In addition to any other penalties and liabilities, a
person who is found guilty of or pleads guilty to violating
Section 11-501, including any person placed on court
supervision for violating Section 11-501, shall be assessed
$750, payable to the circuit clerk, who shall distribute the
money as follows: $350 to the law enforcement agency that made
the arrest, and $400 shall be forwarded to the State Treasurer
for deposit into the General Revenue Fund. If the person has
been previously convicted of violating Section 11-501 or a
similar provision of a local ordinance, the fine shall be
$1,000, and the circuit clerk shall distribute $200 to the law
enforcement agency that made the arrest and $800 to the State
Treasurer for deposit into the General Revenue Fund. In the
event that more than one agency is responsible for the arrest,
the amount payable to law enforcement agencies shall be shared
equally. Any moneys received by a law enforcement agency under
this subsection (f) shall be used for enforcement and

prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations. Any moneys received
by the Department of State Police under this subsection (f)
shall be deposited into the State Police DUI Fund and shall be
used to purchase law enforcement equipment that will assist in
the prevention of alcohol related criminal violence throughout
the State.
(g) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury. All moneys received by the
Secretary of State Police under subsection (f) of this Section
shall be deposited into the Secretary of State Police DUI Fund
and, subject to appropriation, shall be used for enforcement
and prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities to assist in the prevention of

alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations.
(h) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be the
sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's
state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
(i) In addition to any other fine or penalty required by
law, an individual convicted of a violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,

Section 5-16 of the Boat Registration and Safety Act, or a
similar provision, whose operation of a motor vehicle,
snowmobile, or watercraft while in violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision proximately caused an incident resulting in
an appropriate emergency response, shall be required to make
restitution to a public agency for the costs of that emergency
response. The restitution may not exceed $1,000 per public
agency for each emergency response. As used in this subsection
(i), "emergency response" means any incident requiring a
response by a police officer, a firefighter carried on the
rolls of a regularly constituted fire department, or an
ambulance. With respect to funds designated for the Department
of State Police, the moneys shall be remitted by the circuit
court clerk to the State Police within one month after receipt
for deposit into the State Police DUI Fund. With respect to
funds designated for the Department of Natural Resources, the
Department of Natural Resources shall deposit the moneys into
the Conservation Police Operations Assistance Fund.
(Source: P.A. 96-1342, eff. 1-1-11; 97-931, eff. 1-1-13;
97-1050, eff. 1-1-13; revised 8-23-12.)
(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
Sec. 11-1301.1. Persons with disabilities - Parking
privileges - Exemptions.

(a) A motor vehicle bearing registration plates issued to a
person with disabilities, as defined by Section 1-159.1,
pursuant to Section 3-616 or to a disabled veteran pursuant to
subsection (a) of Section 3-609 or a special decal or device
issued pursuant to Section 3-616 or pursuant to Section
11-1301.2 of this Code or a motor vehicle registered in another
jurisdiction, state, district, territory or foreign country
upon which is displayed a registration plate, special decal or
device issued by the other jurisdiction designating the vehicle
is operated by or for a person with disabilities shall be
exempt from the payment of parking meter fees until January 1,
2014, and exempt from any statute or ordinance imposing time
limitations on parking, except limitations of one-half hour or
less, on any street or highway zone, a parking area subject to
regulation under subsection (a) of Section 11-209 of this Code,
or any parking lot or parking place which are owned, leased or
owned and leased by a municipality or a municipal parking
utility; and shall be recognized by state and local authorities
as a valid license plate or parking device and shall receive
the same parking privileges as residents of this State; but,
such vehicle shall be subject to the laws which prohibit
parking in "no stopping" and "no standing" zones in front of or
near fire hydrants, driveways, public building entrances and
exits, bus stops and loading areas, and is prohibited from
parking where the motor vehicle constitutes a traffic hazard,
whereby such motor vehicle shall be moved at the instruction

and request of a law enforcement officer to a location
designated by the officer.
(b) Any motor vehicle bearing registration plates or a
special decal or device specified in this Section or in Section
3-616 of this Code or such parking device as specifically
authorized in Section 11-1301.2 as evidence that the vehicle is
operated by or for a person with disabilities or bearing
registration plates issued to a disabled veteran under
subsection (a) of Section 3-609 may park, in addition to any
other lawful place, in any parking place specifically reserved
for such vehicles by the posting of an official sign as
provided under Section 11-301. Parking privileges granted by
this Section are strictly limited to the person to whom the
special registration plates, special decal or device were
issued and to qualified operators acting under his or her
express direction while the person with disabilities is
present. A person to whom privileges were granted shall, at the
request of a police officer or any other person invested by law
with authority to direct, control, or regulate traffic, present
an identification card with a picture as verification that the
person is the person to whom the special registration plates,
special decal or device was issued.
(c) Such parking privileges granted by this Section are
also extended to motor vehicles of not-for-profit
organizations used for the transportation of persons with
disabilities when such motor vehicles display the decal or

device issued pursuant to Section 11-1301.2 of this Code.
(d) No person shall use any area for the parking of any
motor vehicle pursuant to Section 11-1303 of this Code or where
an official sign controlling such area expressly prohibits
parking at any time or during certain hours.
(e) Beginning January 1, 2014, a vehicle displaying a decal
or device issued under subsection (c-5) of Section 11-1301.2 of
this Code shall be exempt from the payment of fees generated by
parking in a metered space or in a publicly owned parking
structure or area.
(Source: P.A. 96-79, eff. 1-1-10; 97-845, eff. 1-1-13; 97-918,
eff. 1-1-13; revised 8-23-12.)
(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
Sec. 11-1301.2. Special decals for parking; persons with
disabilities.
(a) The Secretary of State shall provide for, by
administrative rules, the design, size, color, and placement of
a person with disabilities motorist decal or device and shall
provide for, by administrative rules, the content and form of
an application for a person with disabilities motorist decal or
device, which shall be used by local authorities in the
issuance thereof to a person with temporary disabilities,
provided that the decal or device is valid for no more than 90
days, subject to renewal for like periods based upon continued
disability, and further provided that the decal or device

clearly sets forth the date that the decal or device expires.
The application shall include the requirement of an Illinois
Identification Card number or a State of Illinois driver's
license number. This decal or device may be used by the
authorized holder to designate and identify a vehicle not owned
or displaying a registration plate as provided in Sections
3-609 and 3-616 of this Act to designate when the vehicle is
being used to transport said person or persons with
disabilities, and thus is entitled to enjoy all the privileges
that would be afforded a person with disabilities licensed
vehicle. Person with disabilities decals or devices issued and
displayed pursuant to this Section shall be recognized and
honored by all local authorities regardless of which local
authority issued such decal or device.
The decal or device shall be issued only upon a showing by
adequate documentation that the person for whose benefit the
decal or device is to be used has a temporary disability as
defined in Section 1-159.1 of this Code.
(b) The local governing authorities shall be responsible
for the provision of such decal or device, its issuance and
designated placement within the vehicle. The cost of such decal
or device shall be at the discretion of such local governing
authority.
(c) The Secretary of State may, pursuant to Section
3-616(c), issue a person with disabilities parking decal or
device to a person with disabilities as defined by Section

1-159.1. Any person with disabilities parking decal or device
issued by the Secretary of State shall be registered to that
person with disabilities in the form to be prescribed by the
Secretary of State. The person with disabilities parking decal
or device shall not display that person's address. One
additional decal or device may be issued to an applicant upon
his or her written request and with the approval of the
Secretary of State. The written request must include a
justification of the need for the additional decal or device.
(c-5) Beginning January 1, 2014, the Secretary shall
provide by administrative rule for the issuance of a separate
and distinct parking decal or device for persons with
disabilities as defined by Section 1-159.1 of this Code. The
authorized holder of a decal or device issued under this
subsection (c-5) shall be exempt from the payment of fees
generated by parking in a metered space, a parking area subject
to paragraph (10) of subsection (a) of Section 11-209 of this
Code, or a publicly owned parking structure or area.
The Secretary shall issue a meter-exempt decal or device to
a person with disabilities who: (i) has been issued
registration plates under Section 3-609 or 3-616 of this Code
or a special decal or device under this Section, (ii) holds a
valid Illinois driver's license, ; and (iii) is unable to do one
or more of the following:
(1) manage, manipulate, or insert coins, or obtain
tickets or tokens in parking meters or ticket machines in

parking lots or parking structures, due to the lack of fine
motor control of both hands;
(2) reach above his or her head to a height of 42
inches from the ground, due to a lack of finger, hand, or
upper extremity strength or mobility;
(3) approach a parking meter due to his or her use of a
wheelchair or other device for mobility; or
(4) walk more than 20 feet due to an orthopedic,
neurological, cardiovascular, or lung condition in which
the degree of debilitation is so severe that it almost
completely impedes the ability to walk.
The application for a meter-exempt parking decal or device
shall contain a statement certified by a licensed physician,
physician assistant, or advanced practice nurse attesting to
the nature and estimated duration of the applicant's condition
and verifying that the applicant meets the physical
qualifications specified in this subsection (c-5).
Notwithstanding the requirements of this subsection (c-5),
the Secretary shall issue a meter-exempt decal or device to a
person who has been issued registration plates under Section
3-616 of this Code or a special decal or device under this
Section, if the applicant is the parent or guardian of a person
with disabilities who is under 18 years of age and incapable of
driving.
(d) Replacement decals or devices may be issued for lost,
stolen, or destroyed decals upon application and payment of a

$10 fee. The replacement fee may be waived for individuals that
have claimed and received a grant under the Senior Citizens and
Disabled Persons Property Tax Relief Act.
(Source: P.A. 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-1000,
eff. 7-2-10; 97-689, eff. 6-14-12; 97-845, eff. 1-1-13; revised
8-3-12.)
(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
Sec. 11-1301.3. Unauthorized use of parking places
reserved for persons with disabilities.
(a) It shall be prohibited to park any motor vehicle which
is not properly displaying registration plates or decals issued
to a person with disabilities, as defined by Section 1-159.1,
pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
disabled veteran pursuant to Section 3-609 of this Act, as
evidence that the vehicle is operated by or for a person with
disabilities or disabled veteran, in any parking place,
including any private or public offstreet parking facility,
specifically reserved, by the posting of an official sign as
designated under Section 11-301, for motor vehicles displaying
such registration plates. It shall be prohibited to park any
motor vehicle in a designated access aisle adjacent to any
parking place specifically reserved for persons with
disabilities, by the posting of an official sign as designated
under Section 11-301, for motor vehicles displaying such
registration plates. When using the parking privileges for

persons with disabilities, the parking decal or device must be
displayed properly in the vehicle where it is clearly visible
to law enforcement personnel, either hanging from the rearview
mirror or placed on the dashboard of the vehicle in clear view.
Disability license plates and parking decals and devices are
not transferable from person to person. Proper usage of the
disability license plate or parking decal or device requires
the authorized holder to be present and enter or exit the
vehicle at the time the parking privileges are being used. It
is a violation of this Section to park in a space reserved for
a person with disabilities if the authorized holder of the
disability license plate or parking decal or device does not
enter or exit the vehicle at the time the parking privileges
are being used. Any motor vehicle properly displaying a
disability license plate or a parking decal or device
containing the International symbol of access issued to persons
with disabilities by any local authority, state, district,
territory or foreign country shall be recognized by State and
local authorities as a valid license plate or device and
receive the same parking privileges as residents of this State.
(a-1) An individual with a vehicle displaying disability
license plates or a parking decal or device issued to a
qualified person with a disability under Sections 3-616,
11-1301.1, or 11-1301.2 or to a disabled veteran under Section
3-609 is in violation of this Section if (i) the person using
the disability license plate or parking decal or device is not

the authorized holder of the disability license plate or
parking decal or device or is not transporting the authorized
holder of the disability license plate or parking decal or
device to or from the parking location and (ii) the person uses
the disability license plate or parking decal or device to
exercise any privileges granted through the disability license
plate or parking decals or devices under this Code.
(a-2) A driver of a vehicle displaying disability license
plates or a parking decal or device issued to a qualified
person with a disability under Section 3-616, 11-1301.1, or
11-1301.2 or to a disabled veteran under Section 3-609 is in
violation of this Section if (i) the person to whom the
disability license plate or parking decal or device was issued
is deceased and (ii) the driver uses the disability license
plate or parking decal or device to exercise any privileges
granted through a disability license plate or parking decal or
device under this Code.
(b) Any person or local authority owning or operating any
public or private offstreet parking facility may, after
notifying the police or sheriff's department, remove or cause
to be removed to the nearest garage or other place of safety
any vehicle parked within a stall or space reserved for use by
a person with disabilities which does not display person with
disabilities registration plates or a special decal or device
as required under this Section.
(c) Any person found guilty of violating the provisions of

subsection (a) shall be fined $250 in addition to any costs or
charges connected with the removal or storage of any motor
vehicle authorized under this Section; but municipalities by
ordinance may impose a fine up to $350 and shall display signs
indicating the fine imposed. If the amount of the fine is
subsequently changed, the municipality shall change the sign to
indicate the current amount of the fine. It shall not be a
defense to a charge under this Section that either the sign
posted pursuant to this Section or the intended accessible
parking place does not comply with the technical requirements
of Section 11-301, Department regulations, or local ordinance
if a reasonable person would be made aware by the sign or
notice on or near the parking place that the place is reserved
for a person with disabilities.
(c-1) Any person found guilty of violating the provisions
of subsection (a-1) a first time shall be fined $600. Any
person found guilty of violating subsection (a-1) a second or
subsequent time shall be fined $1,000. Any person who violates
subsection (a-2) is guilty of a Class A misdemeanor and shall
be fined $2,500. The circuit clerk shall distribute 50% of the
fine imposed on any person who is found guilty of or pleads
guilty to violating this Section, including any person placed
on court supervision for violating this Section, to the law
enforcement agency that issued the citation or made the arrest.
If more than one law enforcement agency is responsible for
issuing the citation or making the arrest, the 50% of the fine

imposed shall be shared equally. If an officer of the Secretary
of State Department of Police arrested a person for a violation
of this Section, 50% of the fine imposed shall be deposited
into the Secretary of State Police Services Fund.
(d) Local authorities shall impose fines as established in
subsections (c) and (c-1) for violations of this Section.
(e) As used in this Section, "authorized holder" means an
individual issued a disability license plate under Section
3-616 of this Code, an individual issued a parking decal or
device under Section 11-1301.2 of this Code, or an individual
issued a disabled veteran's license plate under Section 3-609
of this Code.
(f) Any person who commits a violation of subsection (a-1)
or a similar provision of a local ordinance may have his or her
driving privileges suspended or revoked by the Secretary of
State for a period of time determined by the Secretary of
State. Any person who commits a violation of subsection (a-2)
or a similar provision of a local ordinance shall have his or
her driving privileges revoked by the Secretary of State. The
Secretary of State may also suspend or revoke the disability
license plates or parking decal or device for a period of time
determined by the Secretary of State.
(g) Any police officer may seize the parking decal or
device from any person who commits a violation of this Section.
Any police officer may seize the disability license plate upon
authorization from the Secretary of State. Any police officer

may request that the Secretary of State revoke the parking
decal or device or the disability license plate of any person
who commits a violation of this Section.
(Source: P.A. 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962,
eff. 7-2-10; 96-1000, eff. 7-2-10; 97-844, eff. 1-1-13; 97-845,
eff. 1-1-13; revised 8-3-12.)
(625 ILCS 5/11-1301.5)
Sec. 11-1301.5. Fictitious or unlawfully altered
disability license plate or parking decal or device.
(a) As used in this Section:
"Fictitious disability license plate or parking decal or
device" means any issued disability license plate or parking
decal or device, or any license plate issued to a disabled
veteran under Section 3-609 of this Code, that has been issued
by the Secretary of State or an authorized unit of local
government that was issued based upon false information
contained on the required application.
"False information" means any incorrect or inaccurate
information concerning the name, date of birth, social security
number, driver's license number, physician certification, or
any other information required on the Persons with Disabilities
Certification for Plate or Parking Placard, on the Application
for Replacement Disability Parking Placard, or on the
application for license plates issued to disabled veterans
under Section 3-609 of this Code, that falsifies the content of

the application.
"Unlawfully altered disability license plate or parking
permit or device" means any disability license plate or parking
permit or device, or any license plate issued to a disabled
veteran under Section 3-609 of this Code, issued by the
Secretary of State or an authorized unit of local government
that has been physically altered or changed in such manner that
false information appears on the license plate or parking decal
or device.
"Authorized holder" means an individual issued a
disability license plate under Section 3-616 of this Code or an
individual issued a parking decal or device under Section
11-1301.2 of this Code, or an individual issued a disabled
veteran's license plate under Section 3-609 of this Code.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fictitious or unlawfully
altered disability license plate or parking decal or
device;
(2) to knowingly issue or assist in the issuance of, by
the Secretary of State or unit of local government, any
fictitious disability license plate or parking decal or
device;
(3) to knowingly alter any disability license plate or
parking decal or device;
(4) to knowingly manufacture, possess, transfer, or
provide any documentation used in the application process

whether real or fictitious, for the purpose of obtaining a
fictitious disability license plate or parking decal or
device;
(5) to knowingly provide any false information to the
Secretary of State or a unit of local government in order
to obtain a disability license plate or parking decal or
device;
(6) to knowingly transfer a disability license plate or
parking decal or device for the purpose of exercising the
privileges granted to an authorized holder of a disability
license plate or parking decal or device under this Code in
the absence of the authorized holder; or
(7) who is for a physician, physician assistant, or
advanced practice nurse to knowingly falsify a
certification that a person is a person with disabilities
as defined by Section 1-159.1 of this Code.
(c) Sentence.
(1) Any person convicted of a violation of paragraph
(1), (2), (3), (4), (5), or (7) of subsection (b) of this
Section shall be guilty of a Class A misdemeanor and fined
not less than $1,000 for a first offense and shall be
guilty of a Class 4 felony and fined not less than $2,000
for a second or subsequent offense. Any person convicted of
a violation of subdivision (b)(6) of this Section is guilty
of a Class A misdemeanor and shall be fined not less than
$1,000 for a first offense and not less than $2,000 for a

second or subsequent offense. The circuit clerk shall
distribute one-half of any fine imposed on any person who
is found guilty of or pleads guilty to violating this
Section, including any person placed on court supervision
for violating this Section, to the law enforcement agency
that issued the citation or made the arrest. If more than
one law enforcement agency is responsible for issuing the
citation or making the arrest, one-half of the fine imposed
shall be shared equally.
(2) Any person who commits a violation of this Section
or a similar provision of a local ordinance may have his or
her driving privileges suspended or revoked by the
Secretary of State for a period of time determined by the
Secretary of State. The Secretary of State may suspend or
revoke the parking decal or device or the disability
license plate of any person who commits a violation of this
Section.
(3) Any police officer may seize the parking decal or
device from any person who commits a violation of this
Section. Any police officer may seize the disability
license plate upon authorization from the Secretary of
State. Any police officer may request that the Secretary of
State revoke the parking decal or device or the disability
license plate of any person who commits a violation of this
Section.
(Source: P.A. 96-79, eff. 1-1-10; 97-844, eff. 1-1-13; 97-845,

eff. 1-1-13; revised 8-3-12.)
(625 ILCS 5/11-1302) (from Ch. 95 1/2, par. 11-1302)
Sec. 11-1302. Officers authorized to remove vehicles.
(a) Whenever any police officer finds a vehicle in
violation of any of the provisions of Section 11-1301 such
officer is hereby authorized to move such vehicle, or require
the driver or other person in charge of the vehicle to move the
same, to a position off the roadway.
(b) Any police officer is hereby authorized to remove or
cause to be removed to a place of safety any unattended vehicle
illegally left standing upon any highway, bridge, causeway, or
in a tunnel, in such a position or under such circumstances as
to obstruct the normal movement of traffic.
Whenever the Department finds an abandoned or disabled
vehicle standing upon the paved or main-traveled part of a
highway, which vehicle is or may be expected to interrupt the
free flow of traffic on the highway or interfere with the
maintenance of the highway, the Department is authorized to
move the vehicle to a position off the paved or improved or
main-traveled part of the highway.
(c) Any police officer is hereby authorized to remove or
cause to be removed to the nearest garage or other place of
safety any vehicle found upon a highway when:
1. report has been made that such vehicle has been
stolen or taken without the consent of its owner, or

2. the person or persons in charge of such vehicle are
unable to provide for its custody or removal, or
3. When the person driving or in control of such
vehicle is arrested for an alleged offense for which the
officer is required by law to take the person arrested
before a proper magistrate without unnecessary delay, or
4. When the registration of the vehicle has been
suspended, cancelled, or revoked.
(Source: P.A. 97-743, eff. 1-1-13; revised 8-3-12.)
(625 ILCS 5/12-610.1)
Sec. 12-610.1. Wireless telephones.
(a) As used in this Section, "wireless telephone" means a
device that is capable of transmitting or receiving telephonic
communications without a wire connecting the device to the
telephone network.
(b) A person under the age of 19 years who holds an
instruction permit issued under Section 6-105 or 6-107.1, or a
person under the age of 19 years who holds a graduated license
issued under Section 6-107, may not drive a vehicle on a
roadway while using a wireless phone.
(c) This Section does not apply to a person under the age
of 19 years using a wireless telephone for emergency purposes,
including, but not limited to, an emergency call to a law
enforcement agency, health care provider, fire department, or
other emergency services agency or entity.

(d) If a graduated driver's license holder over the age of
18 committed an offense against traffic regulations governing
the movement of vehicles or any violation of Section 6-107 or
Section 12-603.1 of this Code in the 6 months prior to the
graduated driver's license holder's 18th birthday, and was
subsequently convicted of the violation, the provisions of
paragraph (b) shall continue to apply 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 this
Code.
(e) A person, regardless of age, may not use a wireless
telephone at any time while operating a motor vehicle on a
roadway in a school speed zone established under Section
11-605, on a highway in a construction or maintenance speed
zone established under Section 11-605.1, or within 500 feet of
an emergency scene. As used in this Section, "emergency scene"
means a location where an authorized emergency vehicle as
defined by Section 1-105 of this Code is present and has
activated its oscillating, rotating, or flashing lights. This
subsection (e) does not apply to (i) a person engaged in a
highway construction or maintenance project for which a
construction or maintenance speed zone has been established
under Section 11-605.1, (ii) a person using a wireless
telephone for emergency purposes, including, but not limited

to, law enforcement agency, health care provider, fire
department, or other emergency services agency or entity, (iii)
a law enforcement officer or operator of an emergency vehicle
when performing the officer's or operator's official duties,
(iv) a person using a wireless telephone in voice-operated
mode, which may include the use of a headset, or (v) to a
person using a wireless telephone by pressing a single button
to initiate or terminate a voice communication., or (vi) (v) a
person using an electronic communication device for the sole
purpose of reporting an emergency situation and continued
communication with emergency personnel during the emergency
situation.
(Source: P.A. 96-131, eff. 1-1-10; 97-828, eff. 7-20-12;
97-830, eff. 1-1-13; revised 8-3-12.)
Section 445. The Judicial Privacy Act is amended by
changing Section 4-99 as follows:
(705 ILCS 90/4-99)
Sec. 4-99. Effective date. This Act and this Section take
takes effect 60 days after becoming law, except that Sections
4-18 and 4-20 take effect January 1, 2013.
(Source: P.A. 97-847, eff. 9-22-12; revised 8-3-12.)
Section 450. The Criminal Code of 2012 is amended by
changing Sections 4-8, 14-3, 24-2, 33G-4, 33G-5, 33G-7, and

36.5-5 as follows:
(720 ILCS 5/4-8) (from Ch. 38, par. 4-8)
Sec. 4-8. Ignorance or mistake.
(a) A person's ignorance or mistake as to a matter of
either fact or law, except as provided in Section 4-3(c) above,
is a defense if it negatives the existence of the mental state
which the statute prescribes with respect to an element of the
offense.
(b) A person's reasonable belief that his conduct does not
constitute an offense is a defense if:
(1) the The offense is defined by an administrative
regulation or order which is not known to him and has not
been published or otherwise made reasonably available to
him, and he could not have acquired such knowledge by the
exercise of due diligence pursuant to facts known to him;
or
(2) he He acts in reliance upon a statute which later
is determined to be invalid; or
(3) he He acts in reliance upon an order or opinion of
an Illinois Appellate or Supreme Court, or a United States
appellate court later overruled or reversed; or
(4) he He acts in reliance upon an official
interpretation of the statute, regulation or order
defining the offense, made by a public officer or agency
legally authorized to interpret such statute.

(c) Although a person's ignorance or mistake of fact or
law, or reasonable belief, described in this Section 4-8 is a
defense to the offense charged, he may be convicted of an
included offense of which he would be guilty if the fact or law
were as he believed it to be.
(d) A defense based upon this Section 4-8 is an affirmative
defense.
(Source: Laws 1961, p. 1983; revised 8-3-12.)
(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 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, 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, 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, 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;
(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; and
(q)(1) With prior request to and verbal approval of the
State's Attorney of the county in which the conversation is
anticipated to occur, recording or listening with the aid of an
eavesdropping device to a conversation in which a law
enforcement officer, or any person acting at the direction of a
law enforcement officer, is a party to the conversation and has
consented to the conversation being intercepted or recorded in
the course of an investigation of a drug offense. The State's
Attorney may grant this verbal approval only after determining
that reasonable cause exists to believe that a drug offense
will be committed by a specified individual or individuals
within a designated period of time.
(2) Request for approval. To invoke the exception contained
in this subsection (q), a law enforcement officer shall make a
written or verbal request for approval to the appropriate
State's Attorney. This request for approval shall include

whatever information is deemed necessary by the State's
Attorney but shall include, at a minimum, the following
information about each specified individual whom the law
enforcement officer believes will commit a drug offense:
(A) his or her full or partial name, nickname or alias;
(B) a physical description; or
(C) failing either (A) or (B) of this paragraph (2),
any other supporting information known to the law
enforcement officer at the time of the request that gives
rise to reasonable cause to believe the individual will
commit a drug offense.
(3) Limitations on verbal approval. Each verbal approval by
the State's Attorney under this subsection (q) shall be limited
to:
(A) a recording or interception conducted by a
specified law enforcement officer or person acting at the
direction of a law enforcement officer;
(B) recording or intercepting conversations with the
individuals specified in the request for approval,
provided that the verbal approval shall be deemed to
include the recording or intercepting of conversations
with other individuals, unknown to the law enforcement
officer at the time of the request for approval, who are
acting in conjunction with or as co-conspirators with the
individuals specified in the request for approval in the
commission of a drug offense;

(C) a reasonable period of time but in no event longer
than 24 consecutive hours.
(4) Admissibility of evidence. No part of the contents of
any wire, electronic, or oral communication that has been
recorded or intercepted as a result of this exception may be
received in evidence in any trial, hearing, or other proceeding
in or before any court, grand jury, department, officer,
agency, regulatory body, legislative committee, or other
authority of this State, or a political subdivision of the
State, other than in a prosecution of:
(A) a drug offense;
(B) a forcible felony committed directly in the course
of the investigation of a drug offense for which verbal
approval was given to record or intercept a conversation
under this subsection (q); or
(C) any other forcible felony committed while the
recording or interception was approved in accordance with
this Section (q), but for this specific category of
prosecutions, only if the law enforcement officer or person
acting at the direction of a law enforcement officer who
has consented to the conversation being intercepted or
recorded suffers great bodily injury or is killed during
the commission of the charged forcible felony.
(5) Compliance with the provisions of this subsection is a
prerequisite to the admissibility in evidence of any part of
the contents of any wire, electronic or oral communication that

has been intercepted as a result of this exception, but nothing
in this subsection shall be deemed to prevent a court from
otherwise excluding the evidence on any other ground, nor shall
anything in this subsection be deemed to prevent a court from
independently reviewing the admissibility of the evidence for
compliance with the Fourth Amendment to the U.S. Constitution
or with Article I, Section 6 of the Illinois Constitution.
(6) Use of recordings or intercepts unrelated to drug
offenses. Whenever any wire, electronic, or oral communication
has been recorded or intercepted as a result of this exception
that is not related to a drug offense or a forcible felony
committed in the course of a drug offense, no part of the
contents of the communication and evidence derived from the
communication may be received in evidence in any trial,
hearing, or other proceeding in or before any court, grand
jury, department, officer, agency, regulatory body,
legislative committee, or other authority of this State, or a
political subdivision of the State, nor may it be publicly
disclosed in any way.
(7) Definitions. For the purposes of this subsection (q)
only:
"Drug offense" includes and is limited to a felony
violation of one of the following: (A) the Illinois
Controlled Substances Act, (B) the Cannabis Control Act,
and (C) the Methamphetamine Control and Community
Protection Act.

"Forcible felony" includes and is limited to those
offenses contained in Section 2-8 of the Criminal Code of
1961 as of the effective date of this amendatory Act of the
97th General Assembly, and only as those offenses have been
defined by law or judicial interpretation as of that date.
"State's Attorney" includes and is limited to the
State's Attorney or an assistant State's Attorney
designated by the State's Attorney to provide verbal
approval to record or intercept conversations under this
subsection (q).
(8) Sunset. This subsection (q) is inoperative on and after
January 1, 2015. No conversations intercepted pursuant to this
subsection (q), while operative, shall be inadmissible in a
court of law by virtue of the inoperability of this subsection
(q) on January 1, 2015.
(Source: P.A. 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; 97-333,
eff. 8-12-11; 97-846, eff. 1-1-13; 97-897, eff. 1-1-13; revised
8-23-12.)
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:

(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance of
the duties of their employment or commuting between their
homes and places of employment; and watchmen while actually
engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by an agency certified by the Department of
Financial and Professional Regulation, if their duties
include the carrying of a weapon under the provisions of
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004, while

actually engaged in the performance of the duties of their
employment or commuting between their homes and places of
employment, provided that such commuting is accomplished
within one hour from departure from home or place of
employment, as the case may be. A person shall be
considered eligible for this exemption if he or she has
completed the required 20 hours of training for a private
security contractor, private detective, or private alarm
contractor, or employee of a licensed agency and 20 hours
of required firearm training, and has been issued a firearm
control card by the Department of Financial and
Professional Regulation. Conditions for the renewal of
firearm control cards issued under the provisions of this
Section shall be the same as for those cards issued under
the provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004. The firearm control card shall be carried by the
private security contractor, private detective, or private
alarm contractor, or employee of the licensed agency at all
times when he or she is in possession of a concealable
weapon.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the protection
of persons employed and private property related to such
commercial or industrial operation, while actually engaged
in the performance of his or her duty or traveling between

sites or properties belonging to the employer, and who, as
a security guard, is a member of a security force of at
least 5 persons registered with the Department of Financial
and Professional Regulation; provided that such security
guard has successfully completed a course of study,
approved by and supervised by the Department of Financial
and Professional Regulation, consisting of not less than 40
hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20 hours
of training for a security officer and 20 hours of required
firearm training, and has been issued a firearm control
card by the Department of Financial and Professional
Regulation. Conditions for the renewal of firearm control
cards issued under the provisions of this Section shall be
the same as for those cards issued under the provisions of
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004. The firearm
control card shall be carried by the security guard at all
times when he or she is in possession of a concealable
weapon.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of

any investigation for the Commission.
(8) Persons employed by a financial institution for the
protection of other employees and property related to such
financial institution, while actually engaged in the
performance of their duties, commuting between their homes
and places of employment, or traveling between sites or
properties owned or operated by such financial
institution, provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Financial and Professional
Regulation, consisting of not less than 40 hours of
training which includes theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered to be eligible for this exemption if he
or she has completed the required 20 hours of training for
a security officer and 20 hours of required firearm
training, and has been issued a firearm control card by the
Department of Financial and Professional Regulation.
Conditions for renewal of firearm control cards issued
under the provisions of this Section shall be the same as
for those issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. Such firearm control
card shall be carried by the person so trained at all times
when such person is in possession of a concealable weapon.
For purposes of this subsection, "financial institution"

means a bank, savings and loan association, credit union or
company providing armored car services.
(9) Any person employed by an armored car company to
drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace officers
pursuant to the Peace Officer Fire Investigation Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of the
State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part of
their assigned duties, with the consent of the chief judge
of the circuit for which they are employed.
(13) Court Security Officers while in the performance
of their official duties, or while commuting between their
homes and places of employment, with the consent of the
Sheriff.
(13.5) A person employed as an armed security guard at
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission

who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers or fishermen with a license or
permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in a
non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun
gun or taser or other firearm on the land or in the legal
dwelling of another person as an invitee with that person's
permission.
(c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:

(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state or
are not immediately accessible.
(5) Persons licensed under federal law to manufacture
any weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, or
ammunition for such weapons, and actually engaged in the
business of manufacturing such weapons or ammunition, but
only with respect to activities which are within the lawful
scope of such business, such as the manufacture,
transportation, or testing of such weapons or ammunition.
This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, but only such possession and activities as
are within the lawful scope of a licensed manufacturing

business described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or experimental
activities necessary thereto, of rifles, shotguns, and
weapons made from rifles or shotguns, or ammunition for
such rifles, shotguns or weapons, where engaged in by a
person operating as a contractor or subcontractor pursuant
to a contract or subcontract for the development and supply
of such rifles, shotguns, weapons or ammunition to the
United States government or any branch of the Armed Forces
of the United States, when such activities are necessary
and incident to fulfilling the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
During transportation, any such weapon shall be broken
down in a non-functioning state, or not immediately
accessible.
(7) A person possessing a rifle with a barrel or
barrels less than 16 inches in length if: (A) the person

has been issued a Curios and Relics license from the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
the person is an active member of a bona fide, nationally
recognized military re-enacting group and the modification
is required and necessary to accurately portray the weapon
for historical re-enactment purposes; the re-enactor is in
possession of a valid and current re-enacting group
membership credential; and the overall length of the weapon
as modified is not less than 26 inches.
During transportation, any such weapon shall be broken
down in a non-functioning state, or not immediately
accessible.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a peace
officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordinance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordinance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply of
those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, firearms, or ammunition
for those firearms equipped with those devices, and actually
engaged in the business of manufacturing those devices,
firearms, or ammunition, but only with respect to activities
that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices,
firearms, or ammunition. This exemption does not authorize the

general private possession of any device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities
as are within the lawful scope of a licensed manufacturing
business described in this subsection (g-5). During
transportation, these devices shall be detached from any weapon
or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic
Committee, the International Paralympic Committee, the

International Shooting Sport Federation, or USA Shooting in
connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016 Olympic
and Paralympic Games.
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any exemptions
contained in this Article. The defendant shall have the burden
of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm consigned
to a common carrier operating under license of the State of
Illinois or the federal government, where such transportation,
carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and
nothing in this Article shall prohibit, apply to, or affect the
transportation, carrying, or possession of any pistol,
revolver, stun gun, taser, or other firearm, not the subject of
and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742,
eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11;
97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13;

revised 8-23-12.)
(720 ILCS 5/33G-4)
(Section scheduled to be repealed on June 11, 2017)
Sec. 33G-4. Prohibited activities.
(a) It is unlawful for any person, who intentionally
participates in the operation or management of an enterprise,
directly or indirectly, to:
(1) knowingly do so, directly or indirectly, through a
pattern of predicate activity;
(2) knowingly cause another to violate this Article; or
(3) knowingly conspire to violate this Article.
Notwithstanding any other provision of law, in any
prosecution for a conspiracy to violate this Article, no person
may be convicted of that conspiracy unless an overt act in
furtherance of the agreement is alleged and proved to have been
committed by him, her, or by a coconspirator, but the
commission of the overt act need not itself constitute
predicate activity underlying the specific violation of this
Article.
(b) It is unlawful for any person knowingly to acquire or
maintain, directly or indirectly, through a pattern of
predicate activity any interest in, or control of, to any
degree, of any enterprise, real property, or personal property
of any character, including money.
(c) Nothing in this Article shall be construed as to make

unlawful any activity which is arguably protected or prohibited
by the National Labor Relations Act, the Illinois Educational
Labor Relations Act, the Illinois Public Labor Relations Act,
or the Railway Labor Act.
(d) The following organizations, and any officer or agent
of those organizations acting in his or her official capacity
as an officer or agent, may not be sued in civil actions under
this Article:
(1) a labor organization; or
(2) any business defined in Division D, E, F, G, H, or
I of the Standard Industrial Classification as established
by the Occupational Safety and Health Administration, U.S.
Department of Labor.
(e) Any person prosecuted under this Article may be
convicted and sentenced either:
(1) for the offense of conspiring to violate this
Article, and for any other particular offense or offenses
that may be one of the objects of a conspiracy to violate
this Article; or
(2) for the offense of violating this Article, and for
any other particular offense or offenses that may
constitute predicate activity underlying a violation of
this Article.
(f) The State's Attorney, or a person designated by law to
act for him or her and to perform his or her duties during his
or her absence or disability, may authorize a criminal

prosecution under this Article. Prior to any State's Attorney
authorizing a criminal prosecution under this Article, the
State's Attorney shall adopt rules and procedures governing the
investigation and prosecution of any offense enumerated in this
Article. These rules and procedures shall set forth guidelines
which require that any potential prosecution under this Article
be subject to an internal approval process in which it is
determined, in a written prosecution memorandum prepared by the
State's Attorney's Office, that (1) a prosecution under this
Article is necessary to ensure that the indictment adequately
reflects the nature and extent of the criminal conduct involved
in a way that prosecution only on the underlying predicate
activity would not, and (2) a prosecution under this Article
would provide the basis for an appropriate sentence under all
the circumstances of the case in a way that a prosecution only
on the underlying predicate activity would not. No State's
Attorney, or person designated by law to act for him or her and
to perform his or her duties during his or her absence or
disability, may authorize a criminal prosecution under this
Article prior to reviewing the prepared written prosecution
memorandum. However, any internal memorandum shall remain
protected from disclosure under the attorney-client privilege,
and this provision does not create any enforceable right on
behalf of any defendant or party, nor does it subject the
exercise of prosecutorial discretion to judicial review.
(g) A labor organization and any officer or agent of that

organization acting in his or her capacity as an officer or
agent of the labor organization are exempt from prosecution
under this Article.
(Source: P.A. 97-686, eff. 6-11-12; revised 8-3-12.)
(720 ILCS 5/33G-5)
(Section scheduled to be repealed on June 11, 2017)
Sec. 33G-5. Penalties. Under this Article, notwithstanding
any other provision of law:
(a) Any violation of subsection (a) of Section 33G-4 of
this Article shall be sentenced as a Class X felony with a term
of imprisonment of not less than 7 years and not more than 30
years, or the sentence applicable to the underlying predicate
activity, whichever is higher, and the sentence imposed shall
also include restitution, and/or and or a criminal fine,
jointly and severally, up to $250,000 or twice the gross amount
of any intended proceeds of the violation, if any, whichever is
higher.
(b) Any violation of subsection (b) of Section 33G-4 of
this Article shall be sentenced as a Class X felony, and the
sentence imposed shall also include restitution, and/or and or
a criminal fine, jointly and severally, up to $250,000 or twice
the gross amount of any intended proceeds of the violation, if
any, whichever is higher.
(c) Wherever the unlawful death of any person or persons
results as a necessary or natural consequence of any violation

of this Article, the sentence imposed on the defendant shall
include an enhanced term of imprisonment of at least 25 years
up to natural life, in addition to any other penalty imposed by
the court, provided:
(1) the death or deaths were reasonably foreseeable to
the defendant to be sentenced; and
(2) the death or deaths occurred when the defendant was
otherwise engaged in the violation of this Article as a
whole.
(d) A sentence of probation, periodic imprisonment,
conditional discharge, impact incarceration or county impact
incarceration, court supervision, withheld adjudication, or
any pretrial diversionary sentence or suspended sentence, is
not authorized for a violation of this Article.
(Source: P.A. 97-686, eff. 6-11-12; revised 8-3-12.)
(720 ILCS 5/33G-7)
(Section scheduled to be repealed on June 11, 2017)
Sec. 33G-7. Construction. In interpreting the provisions
of this Article, the court shall construe them in light of the
applicable model jury instructions set forth in the Federal
Criminal Jury Instructions for the Seventh Circuit (1999) for
Title IX of Public Law, 91-452, 84 Stat. 922 (as amended in
Title 18, United States Code, Sections 1961 through 1968),
except to the extent that they are it is inconsistent with the
plain language of this Article.

(Source: P.A. 97-686, eff. 6-11-12; revised 8-3-12.)
(720 ILCS 5/36.5-5)
Sec. 36.5-5. 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, 11-14.3, 11-14.4, 11-18, or 11-18.1
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 DHS State Projects 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, 11-14.3, 11-14.4, 11-15,
11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,

11-19.1, 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. 96-1551, eff. 7-1-11; incorporates 96-1503, eff.
1-27-11, and 97-333, eff. 8-12-11; revised 9-14-11.)
Section 455. The Sexually Violent Persons Commitment Act is
amended by changing Sections 55, 60, and 65 as follows:
(725 ILCS 207/55)
(Text of Section before amendment by P.A. 97-1098)
Sec. 55. Periodic reexamination; report.
(a) If a person has been committed under Section 40 of this
Act and has not been discharged under Section 65 of this Act,
the Department shall submit a written report to the court on
his or her mental condition at least once every 12 months after
an initial commitment under Section 40 for the purpose of
determining whether: (1) the person has made sufficient
progress in treatment to be conditionally released and (2)

whether the person's condition has so changed since the most
recent periodic reexamination (or initial commitment, if there
has not yet been a periodic reexamination) that he or she is no
longer a sexually violent person. At the time of a
reexamination under this Section, the person who has been
committed may retain or, if he or she is indigent and so
requests, the court may appoint a qualified expert or a
professional person to examine him or her.
(b) Any examiner conducting an examination under this
Section shall prepare a written report of the examination no
later than 30 days after the date of the examination. The
examiner shall place a copy of the report in the person's
health care records and shall provide a copy of the report to
the court that committed the person under Section 40. The
examination shall be conducted in conformance with the
standards developed under the Sex Offender Management Board Act
and by an evaluator approved by the Board.
(c) Notwithstanding subsection (a) of this Section, the
court that committed a person under Section 40 may order a
reexamination of the person at any time during the period in
which the person is subject to the commitment order. Any
examiner conducting an examination under this Section shall
prepare a written report of the examination no later than 30
days after the date of the examination.
(d) Petitions for discharge after reexamination must
follow the procedure outlined in Section 65 of this Act.

(Source: P.A. 97-1075, eff. 8-24-12.)
(Text of Section after amendment by P.A. 97-1098)
Sec. 55. Periodic reexamination; report.
(a) If a person has been committed under Section 40 of this
Act and has not been discharged under Section 65 of this Act,
the Department shall submit a written report to the court on
his or her mental condition at least once every 12 months after
an initial commitment under Section 40 for the purpose of
determining whether: (1) the person has made sufficient
progress in treatment to be conditionally released and (2)
whether the person's condition has so changed since the most
recent periodic reexamination (or initial commitment, if there
has not yet been a periodic reexamination) that he or she is no
longer a sexually violent person. At the time of a
reexamination under this Section, the person who has been
committed may retain or, if he or she is indigent and so
requests, the court may appoint a qualified expert or a
professional person to examine him or her.
(b) Any examiner conducting an examination under this
Section shall prepare a written report of the examination no
later than 30 days after the date of the examination. The
examiner shall place a copy of the report in the person's
health care records and shall provide a copy of the report to
the court that committed the person under Section 40. The
examination shall be conducted in conformance with the

standards developed under the Sex Offender Management Board Act
and by an evaluator licensed under the Sex Offender Evaluation
and Treatment Provider Act.
(c) Notwithstanding subsection (a) of this Section, the
court that committed a person under Section 40 may order a
reexamination of the person at any time during the period in
which the person is subject to the commitment order. Any
examiner conducting an examination under this Section shall
prepare a written report of the examination no later than 30
days after the date of the examination.
(d) Petitions for discharge after reexamination must
follow the procedure outlined in Section 65 of this Act.
(Source: P.A. 97-1075, eff. 8-24-12; 97-1098, eff. 1-1-14;
revised 9-28-12.)
(725 ILCS 207/60)
(Text of Section before amendment by P.A. 97-1098)
Sec. 60. Petition for conditional release.
(a) Any person who is committed for institutional care in a
secure facility or other facility under Section 40 of this Act
may petition the committing court to modify its order by
authorizing conditional release if at least 12 months have
elapsed since the initial commitment order was entered, an
order continuing commitment was entered pursuant to Section 65,
the most recent release petition was denied or the most recent
order for conditional release was revoked. The director of the

facility at which the person is placed may file a petition
under this Section on the person's behalf at any time. If the
evaluator on behalf of the Department recommends that the
committed person is appropriate for conditional release, then
the director or designee shall, within 30 days of receipt of
the evaluator's report, file with the committing court notice
of his or her intention whether or not to petition for
conditional release on the committed person's behalf.
(b) If the person files a timely petition without counsel,
the court shall serve a copy of the petition on the Attorney
General or State's Attorney, whichever is applicable and,
subject to paragraph (c)(1) of Section 25 of this Act, appoint
counsel. If the person petitions through counsel, his or her
attorney shall serve the Attorney General or State's Attorney,
whichever is applicable.
(c) Within 20 days after receipt of the petition, upon the
request of the committed person or on the court's own motion,
the court may appoint an examiner having the specialized
knowledge determined by the court to be appropriate, who shall
examine the mental condition of the person and furnish a
written report of the examination to the court within 30 days
after appointment. The examiners shall have reasonable access
to the person for purposes of examination and to the person's
past and present treatment records and patient health care
records. If any such examiner believes that the person is
appropriate for conditional release, the examiner shall report

on the type of treatment and services that the person may need
while in the community on conditional release. The State has
the right to have the person evaluated by experts chosen by the
State. Any examination or evaluation conducted under this
Section shall be in conformance with the standards developed
under the Sex Offender Management Board Act and conducted by an
evaluator approved by the Board. The court shall set a probable
cause hearing as soon as practical after the examiners' reports
are filed. The probable cause hearing shall consist of a review
of the examining evaluators' reports and arguments on behalf of
the parties. If the court finds probable cause to believe the
person has made sufficient progress in treatment to the point
where he or she is no longer substantially probable to engage
in acts of sexual violence if on conditional release, the court
shall set a hearing on the issue.
(d) The court, without a jury, shall hear the petition as
soon as practical after the reports of all examiners are filed
with the court. The court shall grant the petition unless the
State proves by clear and convincing evidence that the person
has not made sufficient progress in treatment to the point
where he or she is no longer substantially probable to engage
in acts of sexual violence if on conditional release. In making
a decision under this subsection, the court must consider the
nature and circumstances of the behavior that was the basis of
the allegation in the petition under paragraph (b)(1) of
Section 15 of this Act, the person's mental history and present

mental condition, and what arrangements are available to ensure
that the person has access to and will participate in necessary
treatment.
(e) Before the court may enter an order directing
conditional release to a less restrictive alternative it must
find the following: (1) the person will be treated by a
Department approved treatment provider, (2) the treatment
provider has presented a specific course of treatment and has
agreed to assume responsibility for the treatment and will
report progress to the Department on a regular basis, and will
report violations immediately to the Department, consistent
with treatment and supervision needs of the respondent, (3)
housing exists that is sufficiently secure to protect the
community, and the person or agency providing housing to the
conditionally released person has agreed in writing to accept
the person, to provide the level of security required by the
court, and immediately to report to the Department if the
person leaves the housing to which he or she has been assigned
without authorization, (4) the person is willing to or has
agreed to comply with the treatment provider, the Department,
and the court, and (5) the person has agreed or is willing to
agree to comply with the behavioral monitoring requirements
imposed by the court and the Department.
(f) If the court finds that the person is appropriate for
conditional release, the court shall notify the Department. The
Department shall prepare a plan that identifies the treatment

and services, if any, that the person will receive in the
community. The plan shall address the person's need, if any,
for supervision, counseling, medication, community support
services, residential services, vocational services, and
alcohol or other drug abuse treatment. The Department may
contract with a county health department, with another public
agency or with a private agency to provide the treatment and
services identified in the plan. The plan shall specify who
will be responsible for providing the treatment and services
identified in the plan. The plan shall be presented to the
court for its approval within 60 days after the court finding
that the person is appropriate for conditional release, unless
the Department and the person to be released request additional
time to develop the plan.
(g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6)
of Section 40 of this Act apply to an order for conditional
release issued under this Section.
(Source: P.A. 96-1128, eff. 1-1-11; 97-1075, eff. 8-24-12.)
(Text of Section after amendment by P.A. 97-1098)
Sec. 60. Petition for conditional release.
(a) Any person who is committed for institutional care in a
secure facility or other facility under Section 40 of this Act
may petition the committing court to modify its order by
authorizing conditional release if at least 12 months have
elapsed since the initial commitment order was entered, an

order continuing commitment was entered pursuant to Section 65,
the most recent release petition was denied or the most recent
order for conditional release was revoked. The director of the
facility at which the person is placed may file a petition
under this Section on the person's behalf at any time. If the
evaluator on behalf of the Department recommends that the
committed person is appropriate for conditional release, then
the director or designee shall, within 30 days of receipt of
the evaluator's report, file with the committing court notice
of his or her intention whether or not to petition for
conditional release on the committed person's behalf.
(b) If the person files a timely petition without counsel,
the court shall serve a copy of the petition on the Attorney
General or State's Attorney, whichever is applicable and,
subject to paragraph (c)(1) of Section 25 of this Act, appoint
counsel. If the person petitions through counsel, his or her
attorney shall serve the Attorney General or State's Attorney,
whichever is applicable.
(c) Within 20 days after receipt of the petition, upon the
request of the committed person or on the court's own motion,
the court may appoint an examiner having the specialized
knowledge determined by the court to be appropriate, who shall
examine the mental condition of the person and furnish a
written report of the examination to the court within 30 days
after appointment. The examiners shall have reasonable access
to the person for purposes of examination and to the person's

past and present treatment records and patient health care
records. If any such examiner believes that the person is
appropriate for conditional release, the examiner shall report
on the type of treatment and services that the person may need
while in the community on conditional release. The State has
the right to have the person evaluated by experts chosen by the
State. Any examination or evaluation conducted under this
Section shall be in conformance with the standards developed
under the Sex Offender Management Board Act and conducted by an
evaluator licensed under the Sex Offender Evaluation and
Treatment Provider Act. The court shall set a probable cause
hearing as soon as practical after the examiners' reports are
filed. The probable cause hearing shall consist of a review of
the examining evaluators' reports and arguments on behalf of
the parties. If the court finds probable cause to believe the
person has made sufficient progress in treatment to the point
where he or she is no longer substantially probable to engage
in acts of sexual violence if on conditional release, the court
shall set a hearing on the issue.
(d) The court, without a jury, shall hear the petition as
soon as practical after the reports of all examiners are filed
with the court. The court shall grant the petition unless the
State proves by clear and convincing evidence that the person
has not made sufficient progress in treatment to the point
where he or she is no longer substantially probable to engage
in acts of sexual violence if on conditional release. In making

a decision under this subsection, the court must consider the
nature and circumstances of the behavior that was the basis of
the allegation in the petition under paragraph (b)(1) of
Section 15 of this Act, the person's mental history and present
mental condition, and what arrangements are available to ensure
that the person has access to and will participate in necessary
treatment.
(e) Before the court may enter an order directing
conditional release to a less restrictive alternative it must
find the following: (1) the person will be treated by a
Department approved treatment provider, (2) the treatment
provider has presented a specific course of treatment and has
agreed to assume responsibility for the treatment and will
report progress to the Department on a regular basis, and will
report violations immediately to the Department, consistent
with treatment and supervision needs of the respondent, (3)
housing exists that is sufficiently secure to protect the
community, and the person or agency providing housing to the
conditionally released person has agreed in writing to accept
the person, to provide the level of security required by the
court, and immediately to report to the Department if the
person leaves the housing to which he or she has been assigned
without authorization, (4) the person is willing to or has
agreed to comply with the treatment provider, the Department,
and the court, and (5) the person has agreed or is willing to
agree to comply with the behavioral monitoring requirements

imposed by the court and the Department.
(f) If the court finds that the person is appropriate for
conditional release, the court shall notify the Department. The
Department shall prepare a plan that identifies the treatment
and services, if any, that the person will receive in the
community. The plan shall address the person's need, if any,
for supervision, counseling, medication, community support
services, residential services, vocational services, and
alcohol or other drug abuse treatment. The Department may
contract with a county health department, with another public
agency or with a private agency to provide the treatment and
services identified in the plan. The plan shall specify who
will be responsible for providing the treatment and services
identified in the plan. The plan shall be presented to the
court for its approval within 60 days after the court finding
that the person is appropriate for conditional release, unless
the Department and the person to be released request additional
time to develop the plan.
(g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6)
of Section 40 of this Act apply to an order for conditional
release issued under this Section.
(Source: P.A. 96-1128, eff. 1-1-11; 97-1075, eff. 8-24-12;
97-1098, eff. 1-1-14; revised 9-28-12.)
(725 ILCS 207/65)
(Text of Section before amendment by P.A. 97-1098)

Sec. 65. Petition for discharge; procedure.
(a)(1) If the Secretary determines at any time that a
person committed under this Act is no longer a sexually violent
person, the Secretary shall authorize the person to petition
the committing court for discharge. If the evaluator on behalf
of the Department recommends that the committed person is no
longer a sexually violent person, then the Secretary or
designee shall, within 30 days of receipt of the evaluator's
report, file with the committing court notice of his or her
determination whether or not to authorize the committed person
to petition the committing court for discharge. The person
shall file the petition with the court and serve a copy upon
the Attorney General or the State's Attorney's office that
filed the petition under subsection (a) of Section 15 of this
Act, whichever is applicable. The court, upon receipt of the
petition for discharge, shall order a hearing to be held as
soon as practical after the date of receipt of the petition.
(2) At a hearing under this subsection, the Attorney
General or State's Attorney, whichever filed the original
petition, shall represent the State. The State has the right to
have the person evaluated by experts chosen by the State. The
examination shall be conducted in conformance with the
standards developed under the Sex Offender Management Board Act
and by an evaluator approved by the Board. The committed person
or the State may elect to have the hearing before a jury. The
State has the burden of proving by clear and convincing

evidence that the petitioner is still a sexually violent
person.
(3) If the court or jury is satisfied that the State has
not met its burden of proof under paragraph (a)(2) of this
Section, the petitioner shall be discharged from the custody or
supervision of the Department. If the court is satisfied that
the State has met its burden of proof under paragraph (a)(2),
the court may proceed under Section 40 of this Act to determine
whether to modify the petitioner's existing commitment order.
(b)(1) A person may petition the committing court for
discharge from custody or supervision without the Secretary's
approval. At the time of an examination under subsection (a) of
Section 55 of this Act, the Secretary shall provide the
committed person with a written notice of the person's right to
petition the court for discharge over the Secretary's
objection. The notice shall contain a waiver of rights. The
Secretary shall forward the notice and waiver form to the court
with the report of the Department's examination under Section
55 of this Act. If the person does not affirmatively waive the
right to petition, the court shall set a probable cause hearing
to determine whether facts exist to believe that since the most
recent periodic reexamination (or initial commitment, if there
has not yet been a periodic reexamination), the condition of
the committed person has so changed that he or she is no longer
a sexually violent person. However, if a person has previously
filed a petition for discharge without the Secretary's approval

and the court determined, either upon review of the petition or
following a hearing, that the person's petition was frivolous
or that the person was still a sexually violent person, then
the court shall deny any subsequent petition under this Section
without a hearing unless the petition contains facts upon which
a court could reasonably find that the condition of the person
had so changed that a hearing was warranted. If a person does
not file a petition for discharge, yet fails to waive the right
to petition under this Section, then the probable cause hearing
consists only of a review of the reexamination reports and
arguments on behalf of the parties. The committed person has a
right to have an attorney represent him or her at the probable
cause hearing, but the person is not entitled to be present at
the probable cause hearing. The probable cause hearing under
this Section must be held as soon as practical after the filing
of the reexamination report under Section 55 of this Act.
(2) If the court determines at the probable cause hearing
under paragraph (b)(1) of this Section that probable cause
exists to believe that since the most recent periodic
reexamination (or initial commitment, if there has not yet been
a periodic reexamination), the condition of the committed
person has so changed that he or she is no longer a sexually
violent person, then the court shall set a hearing on the
issue. At a hearing under this Section, the committed person is
entitled to be present and to the benefit of the protections
afforded to the person under Section 25 of this Act. The

committed person or the State may elect to have a hearing under
this Section before a jury. A verdict of a jury under this
Section is not valid unless it is unanimous. The Attorney
General or State's Attorney, whichever filed the original
petition, shall represent the State at a hearing under this
Section. The State has the right to have the committed person
evaluated by experts chosen by the State. The examination shall
be conducted in conformance with the standards developed under
the Sex Offender Management Board Act and by an evaluator
approved by the Board. At the hearing, the State has the burden
of proving by clear and convincing evidence that the committed
person is still a sexually violent person.
(3) If the court or jury is satisfied that the State has
not met its burden of proof under paragraph (b)(2) of this
Section, the person shall be discharged from the custody or
supervision of the Department. If the court or jury is
satisfied that the State has met its burden of proof under
paragraph (b)(2) of this Section, the court may proceed under
Section 40 of this Act to determine whether to modify the
person's existing commitment order.
(c) This Section applies to petitions pending on the
effective date of this amendatory Act of the 97th General
Assembly and to petitions filed on or after that date. This
provision is severable from the other provisions of this
Section under Section 1.31 of the Statute on Statutes.
(Source: P.A. 96-1128, eff. 1-1-11; 97-1075, eff. 8-24-12.)

(Text of Section after amendment by P.A. 97-1098)
Sec. 65. Petition for discharge; procedure.
(a)(1) If the Secretary determines at any time that a
person committed under this Act is no longer a sexually violent
person, the Secretary shall authorize the person to petition
the committing court for discharge. If the evaluator on behalf
of the Department recommends that the committed person is no
longer a sexually violent person, then the Secretary or
designee shall, within 30 days of receipt of the evaluator's
report, file with the committing court notice of his or her
determination whether or not to authorize the committed person
to petition the committing court for discharge. The person
shall file the petition with the court and serve a copy upon
the Attorney General or the State's Attorney's office that
filed the petition under subsection (a) of Section 15 of this
Act, whichever is applicable. The court, upon receipt of the
petition for discharge, shall order a hearing to be held as
soon as practical after the date of receipt of the petition.
(2) At a hearing under this subsection, the Attorney
General or State's Attorney, whichever filed the original
petition, shall represent the State. The State has the right to
have the person evaluated by experts chosen by the State. The
examination shall be conducted in conformance with the
standards developed under the Sex Offender Management Board Act
and by an evaluator licensed under the Sex Offender Evaluation

and Treatment Provider Act. The committed person or the State
may elect to have the hearing before a jury. The State has the
burden of proving by clear and convincing evidence that the
petitioner is still a sexually violent person.
(3) If the court or jury is satisfied that the State has
not met its burden of proof under paragraph (a)(2) of this
Section, the petitioner shall be discharged from the custody or
supervision of the Department. If the court is satisfied that
the State has met its burden of proof under paragraph (a)(2),
the court may proceed under Section 40 of this Act to determine
whether to modify the petitioner's existing commitment order.
(b)(1) A person may petition the committing court for
discharge from custody or supervision without the Secretary's
approval. At the time of an examination under subsection (a) of
Section 55 of this Act, the Secretary shall provide the
committed person with a written notice of the person's right to
petition the court for discharge over the Secretary's
objection. The notice shall contain a waiver of rights. The
Secretary shall forward the notice and waiver form to the court
with the report of the Department's examination under Section
55 of this Act. If the person does not affirmatively waive the
right to petition, the court shall set a probable cause hearing
to determine whether facts exist to believe that since the most
recent periodic reexamination (or initial commitment, if there
has not yet been a periodic reexamination), the condition of
the committed person has so changed that he or she is no longer

a sexually violent person. However, if a person has previously
filed a petition for discharge without the Secretary's approval
and the court determined, either upon review of the petition or
following a hearing, that the person's petition was frivolous
or that the person was still a sexually violent person, then
the court shall deny any subsequent petition under this Section
without a hearing unless the petition contains facts upon which
a court could reasonably find that the condition of the person
had so changed that a hearing was warranted. If a person does
not file a petition for discharge, yet fails to waive the right
to petition under this Section, then the probable cause hearing
consists only of a review of the reexamination reports and
arguments on behalf of the parties. The committed person has a
right to have an attorney represent him or her at the probable
cause hearing, but the person is not entitled to be present at
the probable cause hearing. The probable cause hearing under
this Section must be held as soon as practical after the filing
of the reexamination report under Section 55 of this Act.
(2) If the court determines at the probable cause hearing
under paragraph (b)(1) of this Section that probable cause
exists to believe that since the most recent periodic
reexamination (or initial commitment, if there has not yet been
a periodic reexamination), the condition of the committed
person has so changed that he or she is no longer a sexually
violent person, then the court shall set a hearing on the
issue. At a hearing under this Section, the committed person is

entitled to be present and to the benefit of the protections
afforded to the person under Section 25 of this Act. The
committed person or the State may elect to have a hearing under
this Section before a jury. A verdict of a jury under this
Section is not valid unless it is unanimous. The Attorney
General or State's Attorney, whichever filed the original
petition, shall represent the State at a hearing under this
Section. The State has the right to have the committed person
evaluated by experts chosen by the State. The examination shall
be conducted in conformance with the standards developed under
the Sex Offender Management Board Act and by an evaluator
licensed under the Sex Offender Evaluation and Treatment
Provider Act. At the hearing, the State has the burden of
proving by clear and convincing evidence that the committed
person is still a sexually violent person.
(3) If the court or jury is satisfied that the State has
not met its burden of proof under paragraph (b)(2) of this
Section, the person shall be discharged from the custody or
supervision of the Department. If the court or jury is
satisfied that the State has met its burden of proof under
paragraph (b)(2) of this Section, the court may proceed under
Section 40 of this Act to determine whether to modify the
person's existing commitment order.
(c) This Section applies to petitions pending on the
effective date of this amendatory Act of the 97th General
Assembly and to petitions filed on or after that date. This

provision is severable from the other provisions of this
Section under Section 1.31 of the Statute on Statutes.
(Source: P.A. 96-1128, eff. 1-1-11; 97-1075, eff. 8-24-12;
97-1098, eff. 1-1-14; revised 9-28-12.)
Section 460. The Unified Code of Corrections is amended by
changing Sections 3-2-2, 3-2-5, 3-3-4, 3-3-9, and 5-5-3.1 as
follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and Duties of the Department.
(1) In addition to the powers, duties and responsibilities
which are otherwise provided by law, the Department shall have
the following powers:
(a) To accept persons committed to it by the courts of
this State for care, custody, treatment and
rehabilitation, and to accept federal prisoners and aliens
over whom the Office of the Federal Detention Trustee is
authorized to exercise the federal detention function for
limited purposes and periods of time.
(b) To develop and maintain reception and evaluation
units for purposes of analyzing the custody and
rehabilitation needs of persons committed to it and to
assign such persons to institutions and programs under its
control or transfer them to other appropriate agencies. In
consultation with the Department of Alcoholism and

Substance Abuse (now the Department of Human Services), the
Department of Corrections shall develop a master plan for
the screening and evaluation of persons committed to its
custody who have alcohol or drug abuse problems, and for
making appropriate treatment available to such persons;
the Department shall report to the General Assembly on such
plan not later than April 1, 1987. The maintenance and
implementation of such plan shall be contingent upon the
availability of funds.
(b-1) To create and implement, on January 1, 2002, a
pilot program to establish the effectiveness of
pupillometer technology (the measurement of the pupil's
reaction to light) as an alternative to a urine test for
purposes of screening and evaluating persons committed to
its custody who have alcohol or drug problems. The pilot
program shall require the pupillometer technology to be
used in at least one Department of Corrections facility.
The Director may expand the pilot program to include an
additional facility or facilities as he or she deems
appropriate. A minimum of 4,000 tests shall be included in
the pilot program. The Department must report to the
General Assembly on the effectiveness of the program by
January 1, 2003.
(b-5) To develop, in consultation with the Department
of State Police, a program for tracking and evaluating each
inmate from commitment through release for recording his or

her gang affiliations, activities, or ranks.
(c) To maintain and administer all State correctional
institutions and facilities under its control and to
establish new ones as needed. Pursuant to its power to
establish new institutions and facilities, the Department
may, with the written approval of the Governor, authorize
the Department of Central Management Services to enter into
an agreement of the type described in subsection (d) of
Section 405-300 of the Department of Central Management
Services Law (20 ILCS 405/405-300). The Department shall
designate those institutions which shall constitute the
State Penitentiary System.
Pursuant to its power to establish new institutions and
facilities, the Department may authorize the Department of
Central Management Services to accept bids from counties
and municipalities for the construction, remodeling or
conversion of a structure to be leased to the Department of
Corrections for the purposes of its serving as a
correctional institution or facility. Such construction,
remodeling or conversion may be financed with revenue bonds
issued pursuant to the Industrial Building Revenue Bond Act
by the municipality or county. The lease specified in a bid
shall be for a term of not less than the time needed to
retire any revenue bonds used to finance the project, but
not to exceed 40 years. The lease may grant to the State
the option to purchase the structure outright.

Upon receipt of the bids, the Department may certify
one or more of the bids and shall submit any such bids to
the General Assembly for approval. Upon approval of a bid
by a constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement
with the county or municipality pursuant to such bid.
(c-5) To build and maintain regional juvenile
detention centers and to charge a per diem to the counties
as established by the Department to defray the costs of
housing each minor in a center. In this subsection (c-5),
"juvenile detention center" means a facility to house
minors during pendency of trial who have been transferred
from proceedings under the Juvenile Court Act of 1987 to
prosecutions under the criminal laws of this State in
accordance with Section 5-805 of the Juvenile Court Act of
1987, whether the transfer was by operation of law or
permissive under that Section. The Department shall
designate the counties to be served by each regional
juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation and employment of committed persons within
its institutions.
(d-5) To provide a pre-release job preparation program
for inmates at Illinois adult correctional centers.
(e) To establish a system of supervision and guidance

of committed persons in the community.
(f) To establish in cooperation with the Department of
Transportation to supply a sufficient number of prisoners
for use by the Department of Transportation to clean up the
trash and garbage along State, county, township, or
municipal highways as designated by the Department of
Transportation. The Department of Corrections, at the
request of the Department of Transportation, shall furnish
such prisoners at least annually for a period to be agreed
upon between the Director of Corrections and the Director
of Transportation. The prisoners used on this program shall
be selected by the Director of Corrections on whatever
basis he deems proper in consideration of their term,
behavior and earned eligibility to participate in such
program - where they will be outside of the prison facility
but still in the custody of the Department of Corrections.
Prisoners convicted of first degree murder, or a Class X
felony, or armed violence, or aggravated kidnapping, or
criminal sexual assault, aggravated criminal sexual abuse
or a subsequent conviction for criminal sexual abuse, or
forcible detention, or arson, or a prisoner adjudged a
Habitual Criminal shall not be eligible for selection to
participate in such program. The prisoners shall remain as
prisoners in the custody of the Department of Corrections
and such Department shall furnish whatever security is
necessary. The Department of Transportation shall furnish

trucks and equipment for the highway cleanup program and
personnel to supervise and direct the program. Neither the
Department of Corrections nor the Department of
Transportation shall replace any regular employee with a
prisoner.
(g) To maintain records of persons committed to it and
to establish programs of research, statistics and
planning.
(h) To investigate the grievances of any person
committed to the Department, to inquire into any alleged
misconduct by employees or committed persons, and to
investigate the assets of committed persons to implement
Section 3-7-6 of this Code; and for these purposes it may
issue subpoenas and compel the attendance of witnesses and
the production of writings and papers, and may examine
under oath any witnesses who may appear before it; to also
investigate alleged violations of a parolee's or
releasee's conditions of parole or release; and for this
purpose it may issue subpoenas and compel the attendance of
witnesses and the production of documents only if there is
reason to believe that such procedures would provide
evidence that such violations have occurred.
If any person fails to obey a subpoena issued under
this subsection, the Director may apply to any circuit
court to secure compliance with the subpoena. The failure
to comply with the order of the court issued in response

thereto shall be punishable as contempt of court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and
development of personnel of the Department. Personnel
assigned by the Department to be responsible for the
custody and control of committed persons or to investigate
the alleged misconduct of committed persons or employees or
alleged violations of a parolee's or releasee's conditions
of parole shall be conservators of the peace for those
purposes, and shall have the full power of peace officers
outside of the facilities of the Department in the
protection, arrest, retaking and reconfining of committed
persons or where the exercise of such power is necessary to
the investigation of such misconduct or violations.
(j) To cooperate with other departments and agencies
and with local communities for the development of standards
and programs for better correctional services in this
State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the committed
persons, institutions and programs of the Department.
(l-5) (Blank).
(m) To make all rules and regulations and exercise all
powers and duties vested by law in the Department.
(n) To establish rules and regulations for

administering a system of sentence credits, established in
accordance with Section 3-6-3, subject to review by the
Prisoner Review Board.
(o) To administer the distribution of funds from the
State Treasury to reimburse counties where State penal
institutions are located for the payment of assistant
state's attorneys' salaries under Section 4-2001 of the
Counties Code.
(p) To exchange information with the Department of
Human Services and the Department of Healthcare and Family
Services for the purpose of verifying living arrangements
and for other purposes directly connected with the
administration of this Code and the Illinois Public Aid
Code.
(q) To establish a diversion program.
The program shall provide a structured environment for
selected technical parole or mandatory supervised release
violators and committed persons who have violated the rules
governing their conduct while in work release. This program
shall not apply to those persons who have committed a new
offense while serving on parole or mandatory supervised
release or while committed to work release.
Elements of the program shall include, but shall not be
limited to, the following:
(1) The staff of a diversion facility shall provide
supervision in accordance with required objectives set

by the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and board
at the facility on a sliding-scale basis according to
the participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and
(C) make appropriate payments toward any other
court-ordered obligations.
(5) Each participant shall complete community
service in addition to employment.
(6) Participants shall take part in such
counseling, educational and other programs as the
Department may deem appropriate.
(7) Participants shall submit to drug and alcohol
screening.
(8) The Department shall promulgate rules
governing the administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact
incarceration program established under Section 3-6038 or

3-15003.5 of the Counties Code.
(r-5) (Blank).
(r-10) To systematically and routinely identify with
respect to each streetgang active within the correctional
system: (1) each active gang; (2) every existing inter-gang
affiliation or alliance; and (3) the current leaders in
each gang. The Department shall promptly segregate leaders
from inmates who belong to their gangs and allied gangs.
"Segregate" means no physical contact and, to the extent
possible under the conditions and space available at the
correctional facility, prohibition of visual and sound
communication. For the purposes of this paragraph (r-10),
"leaders" means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
streetgang, occupy a position of organizer,
supervisor, or other position of management or
leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois

Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution,
in order to manage and supervise inmates who are disruptive
or dangerous and provide for the safety and security of the
staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by mail,
telephone, or other means, between an inmate who, before
commitment to the Department, was a member of an organized
gang and any other person without the need to show cause or
satisfy any other requirement of law before beginning the
monitoring, except as constitutionally required. The
monitoring may be by video, voice, or other method of
recording or by any other means. As used in this
subdivision (1)(t), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by any
privilege recognized by law or by decision, rule, or order
of the Illinois Supreme Court.
(u) To establish a Women's and Children's Pre-release
Community Supervision Program for the purpose of providing
housing and services to eligible female inmates, as
determined by the Department, and their newborn and young

children.
(u-5) To issue an order, whenever a person committed to
the Department absconds or absents himself or herself,
without authority to do so, from any facility or program to
which he or she is assigned. The order shall be certified
by the Director, the Supervisor of the Apprehension Unit,
or any person duly designated by the Director, with the
seal of the Department affixed. The order shall be directed
to all sheriffs, coroners, and police officers, or to any
particular person named in the order. Any order issued
pursuant to this subdivision (1) (u-5) shall be sufficient
warrant for the officer or person named in the order to
arrest and deliver the committed person to the proper
correctional officials and shall be executed the same as
criminal process.
(v) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1, 1998,
consider building and operating a correctional facility within
100 miles of a county of over 2,000,000 inhabitants, especially
a facility designed to house juvenile participants in the
impact incarceration program.
(3) When the Department lets bids for contracts for medical
services to be provided to persons committed to Department
facilities by a health maintenance organization, medical
service corporation, or other health care provider, the bid may

only be let to a health care provider that has obtained an
irrevocable letter of credit or performance bond issued by a
company whose bonds have an investment grade or higher rating
by a bond rating organization.
(4) When the Department lets bids for contracts for food or
commissary services to be provided to Department facilities,
the bid may only be let to a food or commissary services
provider that has obtained an irrevocable letter of credit or
performance bond issued by a company whose bonds have an
investment grade or higher rating by a bond rating
organization.
(Source: P.A. 96-1265, eff. 7-26-10; 97-697, eff. 6-22-12;
97-800, eff. 7-13-12; 97-802, eff. 7-13-12; revised 7-23-12.)
(730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
Sec. 3-2-5. Organization of the Department of Corrections
and the Department of Juvenile Justice.
(a) There shall be a Department of Corrections which shall
be administered by a Director and an Assistant Director
appointed by the Governor under the Civil Administrative Code
of Illinois. The Assistant Director shall be under the
direction of the Director. The Department of Corrections shall
be responsible for all persons committed or transferred to the
Department under Sections 3-10-7 or 5-8-6 of this Code.
(b) There shall be a Department of Juvenile Justice which
shall be administered by a Director appointed by the Governor

under the Civil Administrative Code of Illinois. The Department
of Juvenile Justice shall be responsible for all persons under
17 years of age when sentenced to imprisonment and committed to
the Department under subsection (c) of Section 5-8-6 of this
Code, Section 5-10 of the Juvenile Court Act, or Section 5-750
of the Juvenile Court Act of 1987. Persons under 17 years of
age committed to the Department of Juvenile Justice pursuant to
this Code shall be sight and sound separate from adult
offenders committed to the Department of Corrections.
(c) The Department shall create a gang intelligence unit
under the supervision of the Director. The unit shall be
specifically designed to gather information regarding the
inmate gang population, monitor the activities of gangs, and
prevent the furtherance of gang activities through the
development and implementation of policies aimed at deterring
gang activity. The Director shall appoint a Corrections
Intelligence Coordinator.
All information collected and maintained by the unit shall
be highly confidential, and access to that information shall be
restricted by the Department. The information shall be used to
control and limit the activities of gangs within correctional
institutions under the jurisdiction of the Illinois Department
of Corrections and may be shared with other law enforcement
agencies in order to curb gang activities outside of
correctional institutions under the jurisdiction of the
Department and to assist in the investigations and prosecutions

of gang activity. The Department shall establish and promulgate
rules governing the release of information to outside law
enforcement agencies. Due to the highly sensitive nature of the
information, the information is exempt from requests for
disclosure under the Freedom of Information Act as the
information contained is highly confidential and may be harmful
if disclosed.
(Source: P.A. 97-800, eff. 7-13-12; 97-1083, eff. 8-24-12;
revised 9-20-12.)
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
Sec. 3-3-4. Preparation for Parole Hearing.
(a) The Prisoner Review Board shall consider the parole of
each eligible person committed to the Department of Corrections
at least 30 days prior to the date he shall first become
eligible for parole, and shall consider the parole of each
person committed to the Department of Juvenile Justice as a
delinquent at least 30 days prior to the expiration of the
first year of confinement.
(b) A person eligible for parole shall, no less than 15
days in advance of his parole interview, prepare a parole plan
in accordance with the rules of the Prisoner Review Board. The
person shall be assisted in preparing his parole plan by
personnel of the Department of Corrections, or the Department
of Juvenile Justice in the case of a person committed to that
Department, and may, for this purpose, be released on furlough

under Article 11 or on authorized absence under Section 3-9-4.
The appropriate Department shall also provide assistance in
obtaining information and records helpful to the individual for
his parole hearing. If the person eligible for parole has a
petition or any written submissions prepared on his or her
behalf by an attorney or other representative, the attorney or
representative for the person eligible for parole must serve by
certified mail the State's Attorney of the county where he or
she was prosecuted with the petition or any written submissions
15 days after his or her parole interview. The State's Attorney
shall provide the attorney for the person eligible for parole
with a copy of his or her letter in opposition to parole via
certified mail within 5 business days of the en banc hearing.
(c) Any member of the Board shall have access at all
reasonable times to any committed person and to his master
record file within the Department, and the Department shall
furnish such a report to the Board concerning the conduct and
character of any such person prior to his or her parole
interview.
(d) In making its determination of parole, the Board shall
consider:
(1) material transmitted to the Department of Juvenile
Justice by the clerk of the committing court under Section
5-4-1 or Section 5-10 of the Juvenile Court Act or Section
5-750 of the Juvenile Court Act of 1987;
(2) the report under Section 3-8-2 or 3-10-2;

(3) a report by the Department and any report by the
chief administrative officer of the institution or
facility;
(4) a parole progress report;
(5) a medical and psychological report, if requested by
the Board;
(6) material in writing, or on film, video tape or
other electronic means in the form of a recording submitted
by the person whose parole is being considered;
(7) material in writing, or on film, video tape or
other electronic means in the form of a recording or
testimony submitted by the State's Attorney and the victim
or a concerned citizen pursuant to the Rights of Crime
Victims and Witnesses Act; and
(8) the person's eligibility for commitment under the
Sexually Violent Persons Commitment Act.
(e) The prosecuting State's Attorney's office shall
receive from the Board reasonable written notice not less than
30 days prior to the parole interview and may submit relevant
information by oral argument or testimony of victims and
concerned citizens, or both, in writing, or on film, video tape
or other electronic means or in the form of a recording to the
Board for its consideration. Upon written request of the
State's Attorney's office, the Prisoner Review Board shall hear
protests to parole, except in counties of 1,500,000 or more
inhabitants where there shall be standing objections to all

such petitions. If a State's Attorney who represents a county
of less than 1,500,000 inhabitants requests a protest hearing,
the inmate's counsel or other representative shall also receive
notice of such request. This hearing shall take place the month
following the inmate's parole interview. If the inmate's parole
interview is rescheduled then the Prisoner Review Board shall
promptly notify the State's Attorney of the new date. The
person eligible for parole shall be heard at the next scheduled
en banc hearing date. If the case is to be continued, the
State's Attorney's office and the attorney or representative
for the person eligible for parole will be notified of any
continuance within 5 business days. The State's Attorney may
waive the written notice.
(f) The victim of the violent crime for which the prisoner
has been sentenced shall receive notice of a parole hearing as
provided in paragraph (4) of subsection (d) of Section 4.5 of
the Rights of Crime Victims and Witnesses Act.
(g) Any recording considered under the provisions of
subsection (d)(6), (d)(7) or (e) of this Section shall be in
the form designated by the Board. Such recording shall be both
visual and aural. Every voice on the recording and person
present shall be identified and the recording shall contain
either a visual or aural statement of the person submitting
such recording, the date of the recording and the name of the
person whose parole eligibility is being considered. Such
recordings shall be retained by the Board and shall be deemed

to be submitted at any subsequent parole hearing if the victim
or State's Attorney submits in writing a declaration clearly
identifying such recording as representing the present
position of the victim or State's Attorney regarding the issues
to be considered at the parole hearing.
(h) The Board shall not release any material to the inmate,
the inmate's attorney, any third party, or any other person
containing any information from the victim or from a person
related to the victim by blood, adoption, or marriage who has
written objections, testified at any hearing, or submitted
audio or visual objections to the inmate's parole, unless
provided with a waiver from that objecting party.
(Source: P.A. 96-875, eff. 1-22-10; 97-523, eff. 1-1-12;
97-1075, eff. 8-24-12; 97-1083, eff. 8-24-12; revised
9-20-12.)
(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
Sec. 3-3-9. Violations; changes of conditions; preliminary
hearing; revocation of parole or mandatory supervised release;
revocation hearing.
(a) If prior to expiration or termination of the term of
parole or mandatory supervised release, a person violates a
condition set by the Prisoner Review Board or a condition of
parole or mandatory supervised release under Section 3-3-7 of
this Code to govern that term, the Board may:
(1) continue the existing term, with or without

modifying or enlarging the conditions; or
(2) parole or release the person to a half-way house;
or
(3) revoke the parole or mandatory supervised release
and reconfine the person for a term computed in the
following manner:
(i) (A) For those sentenced under the law in effect
prior to this amendatory Act of 1977, the recommitment
shall be for any portion of the imposed maximum term of
imprisonment or confinement which had not been served
at the time of parole and the parole term, less the
time elapsed between the parole of the person and the
commission of the violation for which parole was
revoked;
(B) Except as set forth in paragraph (C), for those
subject to mandatory supervised release under
paragraph (d) of Section 5-8-1 of this Code, the
recommitment shall be for the total mandatory
supervised release term, less the time elapsed between
the release of the person and the commission of the
violation for which mandatory supervised release is
revoked. The Board may also order that a prisoner serve
up to one year of the sentence imposed by the court
which was not served due to the accumulation of
sentence credit;
(C) For those subject to sex offender supervision

under clause (d)(4) of Section 5-8-1 of this Code, the
reconfinement period for violations of clauses (a)(3)
through (b-1)(15) of Section 3-3-7 shall not exceed 2
years from the date of reconfinement; .
(ii) the person shall be given credit against the
term of reimprisonment or reconfinement for time spent
in custody since he was paroled or released which has
not been credited against another sentence or period of
confinement;
(iii) persons committed under the Juvenile Court
Act or the Juvenile Court Act of 1987 may be continued
under the existing term of parole with or without
modifying the conditions of parole, paroled or
released to a group home or other residential facility,
or recommitted until the age of 21 unless sooner
terminated;
(iv) this Section is subject to the release under
supervision and the reparole and rerelease provisions
of Section 3-3-10.
(b) The Board may revoke parole or mandatory supervised
release for violation of a condition for the duration of the
term and for any further period which is reasonably necessary
for the adjudication of matters arising before its expiration.
The issuance of a warrant of arrest for an alleged violation of
the conditions of parole or mandatory supervised release shall
toll the running of the term until the final determination of

the charge. When parole or mandatory supervised release is not
revoked that period shall be credited to the term, unless a
community-based sanction is imposed as an alternative to
revocation and reincarceration, including a diversion
established by the Illinois Department of Corrections Parole
Services Unit prior to the holding of a preliminary parole
revocation hearing. Parolees who are diverted to a
community-based sanction shall serve the entire term of parole
or mandatory supervised release, if otherwise appropriate.
(b-5) The Board shall revoke parole or mandatory supervised
release for violation of the conditions prescribed in paragraph
(7.6) of subsection (a) of Section 3-3-7.
(c) A person charged with violating a condition of parole
or mandatory supervised release shall have a preliminary
hearing before a hearing officer designated by the Board to
determine if there is cause to hold the person for a revocation
hearing. However, no preliminary hearing need be held when
revocation is based upon new criminal charges and a court finds
probable cause on the new criminal charges or when the
revocation is based upon a new criminal conviction and a
certified copy of that conviction is available.
(d) Parole or mandatory supervised release shall not be
revoked without written notice to the offender setting forth
the violation of parole or mandatory supervised release charged
against him.
(e) A hearing on revocation shall be conducted before at

least one member of the Prisoner Review Board. The Board may
meet and order its actions in panels of 3 or more members. The
action of a majority of the panel shall be the action of the
Board. In consideration of persons committed to the Department
of Juvenile Justice, the member hearing the matter and at least
a majority of the panel shall be experienced in juvenile
matters. A record of the hearing shall be made. At the hearing
the offender shall be permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his behalf.
(f) The Board shall either revoke parole or mandatory
supervised release or order the person's term continued with or
without modification or enlargement of the conditions.
(g) Parole or mandatory supervised release shall not be
revoked for failure to make payments under the conditions of
parole or release unless the Board determines that such failure
is due to the offender's willful refusal to pay.
(Source: P.A. 96-1271, eff. 1-1-11; 97-697, eff. 6-22-12;
revised 8-3-12.)
(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
Sec. 5-5-3.1. Factors in Mitigation.
(a) The following grounds shall be accorded weight in favor
of withholding or minimizing a sentence of imprisonment:
(1) The defendant's criminal conduct neither caused
nor threatened serious physical harm to another.

(2) The defendant did not contemplate that his criminal
conduct would cause or threaten serious physical harm to
another.
(3) The defendant acted under a strong provocation.
(4) There were substantial grounds tending to excuse or
justify the defendant's criminal conduct, though failing
to establish a defense.
(5) The defendant's criminal conduct was induced or
facilitated by someone other than the defendant.
(6) The defendant has compensated or will compensate
the victim of his criminal conduct for the damage or injury
that he sustained.
(7) The defendant has no history of prior delinquency
or criminal activity or has led a law-abiding life for a
substantial period of time before the commission of the
present crime.
(8) The defendant's criminal conduct was the result of
circumstances unlikely to recur.
(9) The character and attitudes of the defendant
indicate that he is unlikely to commit another crime.
(10) The defendant is particularly likely to comply
with the terms of a period of probation.
(11) The imprisonment of the defendant would entail
excessive hardship to his dependents.
(12) The imprisonment of the defendant would endanger
his or her medical condition.

(13) The defendant was intellectually disabled as
defined in Section 5-1-13 of this Code.
(14) The defendant sought or obtained emergency
medical assistance for an overdose and was convicted of a
Class 3 felony or higher possession, manufacture, or
delivery of a controlled, counterfeit, or look-alike
substance or a controlled substance analog under the
Illinois Controlled Substances Act or a Class 2 felony or
higher possession, manufacture or delivery of
methamphetamine under the Methamphetamine Control and
Community Protection Act.
(b) If the court, having due regard for the character of
the offender, the nature and circumstances of the offense and
the public interest finds that a sentence of imprisonment is
the most appropriate disposition of the offender, or where
other provisions of this Code mandate the imprisonment of the
offender, the grounds listed in paragraph (a) of this
subsection shall be considered as factors in mitigation of the
term imposed.
(Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; revised
10-16-12.)
Section 470. The Stalking No Contact Order Act is amended
by changing Section 115 as follows:
(740 ILCS 21/115)

Sec. 115. Notice of orders.
(a) Upon issuance of any stalking no contact order, the
clerk shall immediately, or on the next court day if an
emergency order is issued in accordance with subsection (c) of
Section 95:
(1) enter the order on the record and file it in
accordance with the circuit court procedures; and
(2) provide a file stamped copy of the order to the
respondent, if present, and to the petitioner.
(b) The clerk of the issuing judge shall, or the petitioner
may, on the same day that a stalking no contact order is
issued, file a certified copy of that order with the sheriff or
other law enforcement officials charged with maintaining
Department of State Police records or charged with serving the
order upon the respondent. If the order was issued in
accordance with subsection (c) of Section 95, the clerk shall,
on the next court day, file a certified copy of the order with
the sheriff or other law enforcement officials charged with
maintaining Department of State Police records. If the
respondent, at the time of the issuance of the order, is
committed to the custody of the Illinois Department of
Corrections or is on parole or mandatory supervised release,
the sheriff or other law enforcement officials charged with
maintaining Department of State Police records shall notify the
Department of Corrections within 48 hours of receipt of a copy
of the stalking no contact order from the clerk of the issuing

judge or the petitioner. Such notice shall include the name of
the respondent, the respondent's IDOC inmate number, the
respondent's date of birth, and the LEADS Record Index Number.
(c) Unless the respondent was present in court when the
order was issued, the sheriff, other law enforcement official,
or special process server shall promptly serve that order upon
the respondent and file proof of such service in the manner
provided for service of process in civil proceedings. Instead
of serving the order upon the respondent, however, the sheriff,
other law enforcement official, special process server, or
other persons defined in Section 117 may serve the respondent
with a short form notification as provided in Section 117. If
process has not yet been served upon the respondent, it shall
be served with the order or short form notification if such
service is made by the sheriff, other law enforcement official,
or special process server.
(d) If the person against whom the stalking no contact
order is issued is arrested and the written order is issued in
accordance with subsection (c) of Section 95 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the petition
for stalking no contact order or receipt of the order issued

under Section 95 of this Act.
(e) Any order extending, modifying, or revoking any
stalking no contact order shall be promptly recorded, issued,
and served as provided in this Section.
(f) Upon the request of the petitioner, within 24 hours of
the issuance of a stalking no contact order, the clerk of the
issuing judge shall send written notice of the order along with
a certified copy of the order to any school, daycare, college,
or university at which the petitioner is enrolled.
(Source: P.A. 96-246, eff. 1-1-10; 97-904, eff. 1-1-13;
97-1017, eff. 1-1-13; revised 8-23-12.)
Section 475. The Civil No Contact Order Act is amended by
changing Section 218 as follows:
(740 ILCS 22/218)
Sec. 218. Notice of orders.
(a) Upon issuance of any civil no contact order, the clerk
shall immediately, or on the next court day if an emergency
order is issued in accordance with subsection (c) of Section
214:
(1) enter the order on the record and file it in
accordance with the circuit court procedures; and
(2) provide a file stamped copy of the order to the
respondent, if present, and to the petitioner.
(b) The clerk of the issuing judge shall, or the petitioner

may, on the same day that a civil no contact order is issued,
file a certified copy of that order with the sheriff or other
law enforcement officials charged with maintaining Department
of State Police records or charged with serving the order upon
the respondent. If the order was issued in accordance with
subsection (c) of Section 214, the clerk shall, on the next
court day, file a certified copy of the order with the Sheriff
or other law enforcement officials charged with maintaining
Department of State Police records. If the respondent, at the
time of the issuance of the order, is committed to the custody
of the Illinois Department of Corrections or is on parole or
mandatory supervised release, the sheriff or other law
enforcement officials charged with maintaining Department of
State Police records shall notify the Department of Corrections
within 48 hours of receipt of a copy of the civil no contact
order from the clerk of the issuing judge or the petitioner.
Such notice shall include the name of the respondent, the
respondent's IDOC inmate number, the respondent's date of
birth, and the LEADS Record Index Number.
(c) Unless the respondent was present in court when the
order was issued, the sheriff, other law enforcement official,
or special process server shall promptly serve that order upon
the respondent and file proof of such service in the manner
provided for service of process in civil proceedings. Instead
of serving the order upon the respondent, however, the sheriff,
other law enforcement official, special process server, or

other persons defined in Section 218.1 may serve the respondent
with a short form notification as provided in Section 218.1. If
process has not yet been served upon the respondent, it shall
be served with the order or short form notification if such
service is made by the sheriff, other law enforcement official,
or special process server.
(d) If the person against whom the civil no contact order
is issued is arrested and the written order is issued in
accordance with subsection (c) of Section 214 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the petition
for civil no contact order or receipt of the order issued under
Section 214 of this Act.
(e) Any order extending, modifying, or revoking any civil
no contact order shall be promptly recorded, issued, and served
as provided in this Section.
(f) Upon the request of the petitioner, within 24 hours of
the issuance of a civil no contact order, the clerk of the
issuing judge shall send written notice of the order along with
a certified copy of the order to any school, college, or
university at which the petitioner is enrolled.
(Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13;

revised 8-23-12.)
Section 480. The Crime Victims Compensation Act is amended
by changing Section 7.1 as follows:
(740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
Sec. 7.1. (a) The application shall set out:
(1) the name and address of the victim;
(2) if the victim is deceased, the name and address of
the applicant and his relationship to the victim, the names
and addresses of other persons dependent on the victim for
their support and the extent to which each is so dependent,
and other persons who may be entitled to compensation for a
pecuniary loss;
(3) the date and nature of the crime on which the
application for compensation is based;
(4) the date and place where and the law enforcement
officials to whom notification of the crime was given;
(5) the nature and extent of the injuries sustained by
the victim, and the names and addresses of those giving
medical and hospitalization treatment to the victim;
(6) the pecuniary loss to the applicant and to such
other persons as are specified under item (2) resulting
from the injury or death;
(7) the amount of benefits, payments, or awards, if
any, payable under:

(a) the Workers' Compensation Act,
(b) the Dram Shop Act,
(c) any claim, demand, or cause of action based
upon the crime-related injury or death,
(d) the Federal Medicare program,
(e) the State Public Aid program,
(f) Social Security Administration burial
benefits,
(g) Veterans administration burial benefits,
(h) life, health, accident or liability insurance,
(i) the Criminal Victims' Escrow Account Act,
(j) the Sexual Assault Survivors Emergency
Treatment Act,
(k) restitution, or
(l) from any other source; .
(8) releases authorizing the surrender to the Court of
Claims or Attorney General of reports, documents and other
information relating to the matters specified under this
Act and rules promulgated in accordance with the Act; .
(9) such other information as the Court of Claims or
the Attorney General reasonably requires.
(b) The Attorney General may require that materials
substantiating the facts stated in the application be submitted
with that application.
(c) An applicant, on his own motion, may file an amended
application or additional substantiating materials to correct

inadvertent errors or omissions at any time before the original
application has been disposed of by the Court of Claims. In
either case, the filing of additional information or of an
amended application shall be considered for the purpose of this
Act to have been filed at the same time as the original
application.
(Source: P.A. 97-817, eff. 1-1-13; revised 8-3-12.)
Section 490. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 505 as follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a
proceeding for child support following dissolution of the
marriage by a court that lacked personal jurisdiction over the
absent spouse, a proceeding for modification of a previous
order for child support under Section 510 of this Act, or any
proceeding authorized under Section 501 or 601 of this Act, the
court may order either or both parents owing a duty of support
to a child of the marriage to pay an amount reasonable and
necessary for the support of the child, without regard to
marital misconduct. The duty of support owed to a child
includes the obligation to provide for the reasonable and
necessary educational, physical, mental and emotional health

needs of the child. For purposes of this Section, the term
"child" shall include any child under age 18 and any child
under age 19 who is still attending high school.
(1) The Court shall determine the minimum amount of
support by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 28%
3 32%
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each case
unless the court finds that a deviation from the guidelines
is appropriate after considering the best interest of the
child in light of the evidence, including, but not limited
to, one or more of the following relevant factors:
(a) the financial resources and needs of the child;
(b) the financial resources and needs of the
custodial parent;
(c) the standard of living the child would have
enjoyed had the marriage not been dissolved;
(d) the physical, mental, and emotional needs of
the child;
(d-5) the educational needs of the child; and

(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the court's
finding shall state the amount of support that would have
been required under the guidelines, if determinable. The
court shall include the reason or reasons for the variance
from the guidelines.
(2.5) The court, in its discretion, in addition to
setting child support pursuant to the guidelines and
factors, may order either or both parents owing a duty of
support to a child of the marriage to contribute to the
following expenses, if determined by the court to be
reasonable:
(a) health needs not covered by insurance;
(b) child care;
(c) education; and
(d) extracurricular activities.
(3) "Net income" is defined as the total of all income
from all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);
(b) State income tax (properly calculated
withholding or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions required by
law or as a condition of employment;

(e) Union dues;
(f) Dependent and individual
health/hospitalization insurance premiums and premiums
for life insurance ordered by the court to reasonably
secure payment of ordered child support;
(g) Prior obligations of support or maintenance
actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the
production of income, medical expenditures necessary
to preserve life or health, reasonable expenditures
for the benefit of the child and the other parent,
exclusive of gifts. The court shall reduce net income
in determining the minimum amount of support to be
ordered only for the period that such payments are due
and shall enter an order containing provisions for its
self-executing modification upon termination of such
payment period;
(i) Foster care payments paid by the Department of
Children and Family Services for providing licensed
foster care to a foster child.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to
Section 505.2 of this Act, the premiums for that insurance,
or that portion of the premiums for which the supporting
party is responsible in the case of insurance provided

through an employer's health insurance plan where the
employer pays a portion of the premiums, shall be
subtracted from net income in determining the minimum
amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage by a court that lacked personal
jurisdiction over the absent spouse, and in which the court
is requiring payment of support for the period before the
date an order for current support is entered, there is a
rebuttable presumption that the supporting party's net
income for the prior period was the same as his or her net
income at the time the order for current support is
entered.
(5) If the net income cannot be determined because of
default or any other reason, the court shall order support
in an amount considered reasonable in the particular case.
The final order in all cases shall state the support level
in dollar amounts. However, if the court finds that the
child support amount cannot be expressed exclusively as a
dollar amount because all or a portion of the payor's net
income is uncertain as to source, time of payment, or
amount, the court may order a percentage amount of support
in addition to a specific dollar amount and enter such
other orders as may be necessary to determine and enforce,
on a timely basis, the applicable support ordered.
(6) If (i) the non-custodial parent was properly served

with a request for discovery of financial information
relating to the non-custodial parent's ability to provide
child support, (ii) the non-custodial parent failed to
comply with the request, despite having been ordered to do
so by the court, and (iii) the non-custodial parent is not
present at the hearing to determine support despite having
received proper notice, then any relevant financial
information concerning the non-custodial parent's ability
to provide child support that was obtained pursuant to
subpoena and proper notice shall be admitted into evidence
without the need to establish any further foundation for
its admission.
(a-5) In an action to enforce an order for support based on
the respondent's failure to make support payments as required
by the order, notice of proceedings to hold the respondent in
contempt for that failure may be served on the respondent by
personal service or by regular mail addressed to the
respondent's last known address. The respondent's last known
address may be determined from records of the clerk of the
court, from the Federal Case Registry of Child Support Orders,
or by any other reasonable means.
(b) Failure of either parent to comply with an order to pay
support shall be punishable as in other cases of contempt. In
addition to other penalties provided by law the Court may,
after finding the parent guilty of contempt, order that the
parent be:

(1) placed on probation with such conditions of
probation as the Court deems advisable;
(2) sentenced to periodic imprisonment for a period not
to exceed 6 months; provided, however, that the Court may
permit the parent to be released for periods of time during
the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The Court may further order any part or all of the earnings
of a parent during a sentence of periodic imprisonment paid to
the Clerk of the Circuit Court or to the parent having custody
or to the guardian having custody of the children of the
sentenced parent for the support of said children until further
order of the Court.
If a parent who is found guilty of contempt for failure to
comply with an order to pay support is a person who conducts a
business or who is self-employed, the court in addition to
other penalties provided by law may order that the parent do
one or more of the following: (i) provide to the court monthly
financial statements showing income and expenses from the
business or the self-employment; (ii) seek employment and
report periodically to the court with a diary, listing, or
other memorandum of his or her employment search efforts; or
(iii) report to the Department of Employment Security for job
search services to find employment that will be subject to

withholding for child support.
If there is a unity of interest and ownership sufficient to
render no financial separation between a non-custodial parent
and another person or persons or business entity, the court may
pierce the ownership veil of the person, persons, or business
entity to discover assets of the non-custodial parent held in
the name of that person, those persons, or that business
entity. The following circumstances are sufficient to
authorize a court to order discovery of the assets of a person,
persons, or business entity and to compel the application of
any discovered assets toward payment on the judgment for
support:
(1) the non-custodial parent and the person, persons,
or business entity maintain records together.
(2) the non-custodial parent and the person, persons,
or business entity fail to maintain an arm's length
relationship between themselves with regard to any assets.
(3) the non-custodial parent transfers assets to the
person, persons, or business entity with the intent to
perpetrate a fraud on the custodial parent.
With respect to assets which are real property, no order
entered under this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien
holders who acquire their interests in the property prior to
the time a notice of lis pendens pursuant to the Code of Civil
Procedure or a copy of the order is placed of record in the

office of the recorder of deeds for the county in which the
real property is located.
The court may also order in cases where the parent is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days obligation
or more, that the parent's Illinois driving privileges be
suspended until the court determines that the parent is in
compliance with the order of support. The court may also order
that the parent be issued a family financial responsibility
driving permit that would allow limited driving privileges for
employment and medical purposes in accordance with Section
7-702.1 of the Illinois Vehicle Code. The clerk of the circuit
court shall certify the order suspending the driving privileges
of the parent or granting the issuance of a family financial
responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the
authenticated documents, the Secretary of State shall suspend
the parent's driving privileges until further order of the
court and shall, if ordered by the court, subject to the
provisions of Section 7-702.1 of the Illinois Vehicle Code,
issue a family financial responsibility driving permit to the
parent.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person

convicted under that Act may be sentenced in accordance with
that Act. The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 of that Act or participate in a work alternative
program under Section 50 of that Act. A person may not be
required to participate in a work alternative program under
Section 50 of that Act if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid as of the end
of each month, excluding the child support that was due for
that month to the extent that it was not paid in that month,
shall accrue simple interest as set forth in Section 12-109 of
the Code of Civil Procedure. An order for support entered or
modified on or after January 1, 2006 shall contain a statement
that a support obligation required under the order, or any
portion of a support obligation required under the order, that
becomes due and remains unpaid as of the end of each month,
excluding the child support that was due for that month to the
extent that it was not paid in that month, shall accrue simple
interest as set forth in Section 12-109 of the Code of Civil
Procedure. Failure to include the statement in the order for
support does not affect the validity of the order or the
accrual of interest as provided in this Section.
(c) A one-time charge of 20% is imposable upon the amount
of past-due child support owed on July 1, 1988 which has

accrued under a support order entered by the court. The charge
shall be imposed in accordance with the provisions of Section
10-21 of the Illinois Public Aid Code and shall be enforced by
the court upon petition.
(d) Any new or existing support order entered by the court
under this Section shall be deemed to be a series of judgments
against the person obligated to pay support thereunder, each
such judgment to be in the amount of each payment or
installment of support and each such judgment to be deemed
entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such
judgment shall have the full force, effect and attributes of
any other judgment of this State, including the ability to be
enforced. Notwithstanding any other State or local law to the
contrary, a lien arises by operation of law against the real
and personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial parent.
(e) When child support is to be paid through the clerk of
the court in a county of 1,000,000 inhabitants or less, the
order shall direct the obligor to pay to the clerk, in addition
to the child support payments, all fees imposed by the county
board under paragraph (3) of subsection (u) of Section 27.1 of
the Clerks of Courts Act. Unless paid in cash or pursuant to an
order for withholding, the payment of the fee shall be by a
separate instrument from the support payment and shall be made
to the order of the Clerk.

(f) All orders for support, when entered or modified, shall
include a provision requiring the obligor to notify the court
and, in cases in which a party is receiving child and spouse
services under Article X of the Illinois Public Aid Code, the
Department of Healthcare and Family Services, within 7 days,
(i) of the name and address of any new employer of the obligor,
(ii) whether the obligor has access to health insurance
coverage through the employer or other group coverage and, if
so, the policy name and number and the names of persons covered
under the policy, and (iii) of any new residential or mailing
address or telephone number of the non-custodial parent. In any
subsequent action to enforce a support order, upon a sufficient
showing that a diligent effort has been made to ascertain the
location of the non-custodial parent, service of process or
provision of notice necessary in the case may be made at the
last known address of the non-custodial parent in any manner
expressly provided by the Code of Civil Procedure or this Act,
which service shall be sufficient for purposes of due process.
(g) An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered by
the order will attain the age of 18. However, if the child will
not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the
earlier of the date on which the child's high school graduation
will occur or the date on which the child will attain the age

of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on
that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the
order in the event the child is otherwise emancipated.
(g-5) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support
Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically
continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or
delinquency. That periodic payment shall be in addition to any
periodic payment previously required for satisfaction of the
arrearage or delinquency. The total periodic amount to be paid
toward satisfaction of the arrearage or delinquency may be
enforced and collected by any method provided by law for
enforcement and collection of child support, including but not
limited to income withholding under the Income Withholding for
Support Act. Each order for support entered or modified on or
after the effective date of this amendatory Act of the 93rd
General Assembly must contain a statement notifying the parties
of the requirements of this subsection. Failure to include the

statement in the order for support does not affect the validity
of the order or the operation of the provisions of this
subsection with regard to the order. This subsection shall not
be construed to prevent or affect the establishment or
modification of an order for support of a minor child or the
establishment or modification of an order for support of a
non-minor child or educational expenses under Section 513 of
this Act.
(h) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and to
the clerk of court within 10 days each time the obligor obtains
new employment, and each time the obligor's employment is
terminated for any reason. The report shall be in writing and
shall, in the case of new employment, include the name and
address of the new employer. Failure to report new employment
or the termination of current employment, if coupled with
nonpayment of support for a period in excess of 60 days, is
indirect criminal contempt. For any obligor arrested for
failure to report new employment bond shall be set in the
amount of the child support that should have been paid during
the period of unreported employment. An order entered under
this Section shall also include a provision requiring the
obligor and obligee parents to advise each other of a change in
residence within 5 days of the change except when the court
finds that the physical, mental, or emotional health of a party
or that of a child, or both, would be seriously endangered by

disclosure of the party's address.
(i) The court does not lose the powers of contempt,
driver's license suspension, or other child support
enforcement mechanisms, including, but not limited to,
criminal prosecution as set forth in this Act, upon the
emancipation of the minor child or children.
(Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11;
97-608, eff. 1-1-12; 97-813, eff. 7-13-12; 97-878, eff. 8-2-12;
97-941, eff. 1-1-13; 97-1029, eff. 1-1-13; revised 8-23-12.)
Section 495. The Adoption Act is amended by changing
Section 10 as follows:
(750 ILCS 50/10) (from Ch. 40, par. 1512)
Sec. 10. Forms of consent and surrender; execution and
acknowledgment thereof.
A. The form of consent required for the adoption of a born
child shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
I, ...., (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on .... at ....
That I reside at ...., County of .... and State of ....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and
waive service of summons on me.

That I hereby acknowledge that I have been provided with a
copy of the Birth Parent Rights and Responsibilities-Private
Form before signing this Consent and that I have had time to
read, or have had read to me, this Form. I understand that if I
do not receive any of the rights as described in this Form, it
shall not constitute a basis to revoke this Final and
Irrevocable Consent.
That I do hereby consent and agree to the adoption of such
child.
That I wish to and understand that by signing this consent
I do irrevocably and permanently give up all custody and other
parental rights I have to such child.
That I understand such child will be placed for adoption
and that I cannot under any circumstances, after signing this
document, change my mind and revoke or cancel this consent or
obtain or recover custody or any other rights over such child.
That I have read and understand the above and I am signing it
as my free and voluntary act.
Dated (insert date).
.........................
If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent.
A-1. (1) The form of the Final and Irrevocable Consent to
Adoption by a Specified Person or Persons: Non-DCFS Case set

forth in this subsection A-1 is to be used by legal parents
only. This form is not to be used in cases in which there is a
pending petition under Section 2-13 of the Juvenile Court Act
of 1987.
(2) The form of the Final and Irrevocable Consent to
Adoption by a Specified Person or Persons in a non-DCFS case
shall have the caption of the proceeding in which it is to be
filed and shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS; NON-DCFS CASE
I, ...., (relationship, e.g., mother, father) of ...., a
..male child, state:
1. That such child was born on ...., at ....., City of ...
and State of ....
2. That I reside at ...., County of .... and State of ....
3. That I am of the age of .... years.
4. That I hereby enter my appearance in this proceeding and
waive service of summons on me.
5. That I hereby acknowledge that I have been provided a
copy of the Birth Parent Rights and Responsibilities-Private
Form before signing this Consent and that I have had time to
read, or have had read to me, this Form and that I understand
the Rights and Responsibilities described in this Form. I
understand that if I do not receive any of my rights as
described in said Form, it shall not constitute a basis to
revoke this Final and Irrevocable Consent to Adoption by a

Specified Person.
6. That I do hereby consent and agree to the adoption of
such child by .... (specified persons) only.
7. That I wish to and understand that upon signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child if such child is
adopted by .... (specified person or persons). I hereby
transfer all of my rights to the custody, care and control of
such child to ............................. (specified person
or persons).
8. That I understand such child will be adopted by
....................... (specified person or persons) and that
I cannot under any circumstances, after signing this document,
change my mind and revoke or cancel this consent or obtain or
recover custody or any other rights over such child if
............................ (specified person or persons)
adopt(s) such child; PROVIDED that each specified person has
filed or shall file, within 60 days from the date hereof, a
petition for the adoption of such child.
9. That if the specified person or persons designated
herein do not file a petition for adoption within the
time-frame specified above, or, if said petition for adoption
is filed within the time-frame specified above but the adoption
petition is dismissed with prejudice or the adoption proceeding
is otherwise concluded without an order declaring the child to
be the adopted child of the specified person or persons, then I

understand that I will receive written notice of such
circumstances within 10 business days of their occurrence. I
understand that the notice will be directed to me using the
contact information I have provided in this consent. I
understand that I will have 10 business days from the date that
the written notice is sent to me to respond, within which time
I may request the Court to declare this consent voidable and
return the child to me. I further understand that the Court
will make the final decision of whether or not the child will
be returned to me. If I do not make such request within 10
business days of the date of the notice, then I expressly waive
any other notice or service of process in any legal proceeding
for the adoption of the child.
10. That I expressly acknowledge that nothing in this
Consent impairs the validity and absolute finality of this
Consent under any circumstance other than those described in
paragraph 9 of this Consent.
11. That I understand that I have a remaining duty and
obligation to keep .............. (insert name and address of
the attorney for the specified person or persons) informed of
my current address or other preferred contact information until
this adoption has been finalized. My failure to do so may
result in the termination of my parental rights and the child
being placed for adoption in another home.
12. That I do expressly waive any other notice or service
of process in any of the legal proceedings for the adoption of

the child as long as the adoption proceeding by the specified
person or persons is pending.
13. That I have read and understand the above and I am
signing it as my free and voluntary act.
14. That I acknowledge that this consent is valid even if
the specified person or persons separate or divorce or one of
the specified persons dies prior to the entry of the final
judgment for adoption.
Dated (insert date).
.............................................
Signature of parent.
.............................................
Address of parent.
.............................................
Phone number(s) of parent.
.............................................
Personal email(s) of parent.
.............................................
(3) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Adoption by a Specified
Person or Persons: Non-DCFS Case shall be substantially as
follows:
STATE OF ..............)
) SS.
COUNTY OF .............)

I, .................... (Name of Judge or other person),
..................... (official title, name, and address),
certify that ............., personally known to me to be the
same person whose name is subscribed to the foregoing Final and
Irrevocable Consent for Adoption by a Specified Person or
Persons; non-DCFS case, appeared before me this day in person
and acknowledged that (she)(he) signed and delivered the
consent as (her)(his) free and voluntary act, for the specified
purpose. I am further satisfied that, before signing this
Consent, ........ has read, or has had read to him or her, the
Birth Parent Rights and Responsibilities-Private Form.
A-2. Birth Parent Rights and Responsibilities-Private
Form. The Birth Parent Rights and Responsibilities-Private
Form must be read by, or have been read to, any person
executing a Final and Irrevocable Consent to Adoption under
subsection A, a Final and Irrevocable Consent to Adoption by a
Specified Person or Persons: Non-DCFS Case under subsection
A-1, or a Consent to Adoption of Unborn Child under subsection
B prior to the execution of said Consent. The form of the Birth
Parent Rights and Responsibilities-Private Form shall be
substantially as follows:
Birth Parent Rights and Responsibilities-Private Form
As a birth parent in the State of Illinois, you have the
right:
1. To have your own attorney represent you. The prospective
adoptive parents may agree to pay for the cost of your attorney

in a manner consistent with Illinois law, but they are not
required to do so.
2. To be treated with dignity and respect at all times and
to make decisions free from coercion and pressure.
3. To receive counseling before and after signing a Final
and Irrevocable Consent to Adoption ("Consent"), a Final and
Irrevocable Consent to Adoption by a Specified Person or
Persons: Non-DCFS Case ("Specified Consent"), or a Consent to
Adoption of Unborn Child ("Unborn Consent"). The prospective
adoptive parents may agree to pay for the cost of counseling in
a manner consistent with Illinois law, but they are not
required to do so.
4. To ask to be involved in choosing your child's
prospective adoptive parents and to ask to meet them.
5. To ask your child's prospective adoptive parents any
questions that pertain to your decision to place your child
with them.
6. To see your child before signing a Consent or Specified
Consent.
7. To request contact with your child and/or the child's
prospective adoptive parents, with the understanding that any
promises regarding contact with your child or receipt of
information about the child after signing a Consent, Specified
Consent, or Unborn Consent cannot be enforced under Illinois
law.
8. To receive copies of all documents that you sign and

have those documents provided to you in your preferred
language.
9. To request that your identifying information remain
confidential, unless required otherwise by Illinois law or
court order, and to register with the Illinois Adoption
Registry and Medical Information Exchange.
10. To work with an adoption agency or attorney of your
choice, or change said agency or attorney, provided you
promptly inform all of the parties currently involved.
11. To receive, upon request, a written list of any
promised support, financial or otherwise, from your attorney or
the attorney for your child's prospective adoptive parents.
12. To delay signing a Consent, Specified Consent, or
Unborn Consent if you are not ready to do so.
13. To decline to sign a Consent, Specified Consent, or
Unborn Consent even if you have received financial support from
the prospective adoptive parents.
If you do not receive any of the rights described in this
Form, it shall not be a basis to revoke a Consent, Specified
Consent, or Unborn Consent.
As a Birth Parent in the State of Illinois, you have the
responsibility:
1. To carefully consider your reasons for choosing
adoption.
2. To voluntarily provide all known medical, background,
and family information about yourself and your immediate family

to your child's prospective adoptive parents or their attorney.
For the health of your child, you are strongly encouraged, but
not required, to provide all known medical, background, and
family history information about yourself and your family to
your child's prospective adoptive parents or their attorney.
3. (Birth mothers only) To accurately complete an Affidavit
of Identification, which identifies the father of the child
when known, with the understanding that a birth mother has a
right to decline to identify the birth father.
4. To not accept financial support or reimbursement of
pregnancy related expenses simultaneously from more than one
source.
B. The form of consent required for the adoption of an
unborn child shall be substantially as follows:
CONSENT TO ADOPTION OF UNBORN CHILD
I, ...., state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at .... County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in such adoption
proceeding and waive service of summons on me.
That I hereby acknowledge that I have been provided with a
copy of the Birth Parent Rights and Responsibilities-Private
Form before signing this Consent, and that I have had time to
read, or have had read to me, this Form. I understand that if I

do not receive any of the rights as described in this Form, it
shall not constitute a basis to revoke this Consent to Adoption
of Unborn Child.
That I do hereby consent and agree to the adoption of such
child, and that I have not previously executed a consent or
surrender with respect to such child.
That I wish to and do understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child, except that I
have the right to revoke this consent by giving written notice
of my revocation not later than 72 hours after the birth of the
child.
That I understand such child will be placed for adoption
and that, except as hereinabove provided, I cannot under any
circumstances, after signing this document, change my mind and
revoke or cancel this consent or obtain or recover custody or
any other rights over such child.
That I have read and understand the above and I am signing
it as my free and voluntary act.
Dated (insert date).
........................
B-5. (1) The parent of a child may execute a consent to
standby adoption by a specified person or persons. A consent
under this subsection B-5 shall be acknowledged by a parent
pursuant to subsection H and subsection K of this Section. The
form of consent required for the standby adoption of a born

child effective at a future date when the consenting parent of
the child dies or requests that a final judgment of adoption be
entered shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT
TO STANDBY ADOPTION
I, ..., (relationship, e.g. mother or father) of ...., a
..male child, state:
That the child was born on .... at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and
waive service of summons on me in this action only.
That I do hereby consent and agree to the standby adoption
of the child, and that I have not previously executed a consent
or surrender with respect to the child.
That I wish to and understand that by signing this consent
I do irrevocably and permanently give up all custody and other
parental rights I have to the child, effective upon (my death)
(the child's other parent's death) or upon (my) (the other
parent's) request for the entry of a final judgment for
adoption if ..... (specified person or persons) adopt my child.
That I understand that until (I die) (the child's other
parent dies), I retain all legal rights and obligations
concerning the child, but at that time, I irrevocably give all
custody and other parental rights to .... (specified person or
persons).

I understand my child will be adopted by ....... (specified
person or persons) only and that I cannot, under any
circumstances, after signing this document, change my mind and
revoke or cancel this consent or obtain or recover custody or
any other rights over my child if ..... (specified person or
persons) adopt my child.
I understand that this consent to standby adoption is valid
only if the petition for standby adoption is filed and that if
....... (specified person or persons), for any reason, cannot
or will not file a petition for standby adoption or if his,
her, or their petition for standby adoption is denied, then
this consent is void. I have the right to notice of any other
proceeding that could affect my parental rights.
That I have read and understand the above and I am signing
it as my free and voluntary act.
Dated (insert date).
....................
If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent. A separate consent shall be executed for each child.
(2) If the parent consents to a standby adoption by 2
specified persons, then the form shall contain 2 additional
paragraphs in substantially the following form:
If .... (specified persons) obtain a judgment of
dissolution of marriage before the judgment for adoption is

entered, then ..... (specified person) shall adopt my child. I
understand that I cannot change my mind and revoke this consent
or obtain or recover custody of my child if ..... (specified
persons) obtain a judgment of dissolution of marriage and .....
(specified person) adopts my child. I understand that I cannot
change my mind and revoke this consent if ...... (specified
persons) obtain a judgment of dissolution of marriage before
the adoption is final. I understand that this consent to
adoption has no effect on who will get custody of my child if
..... (specified persons) obtain a judgment of dissolution of
marriage after the adoption is final. I understand that if
either ..... (specified persons) dies before the petition to
adopt my child is granted, then the surviving person may adopt
my child. I understand that I cannot change my mind and revoke
this consent or obtain or recover custody of my child if the
surviving person adopts my child.
A consent to standby adoption by specified persons on this
form shall have no effect on a court's determination of custody
or visitation under the Illinois Marriage and Dissolution of
Marriage Act if the marriage of the specified persons is
dissolved before the adoption is final.
(3) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Standby Adoption shall be
substantially as follows:
STATE OF .....)

) SS.
COUNTY OF ....)
I, ....... (name of Judge or other person) ..... (official
title, name, and address), certify that ......., personally
known to me to be the same person whose name is subscribed to
the foregoing Final and Irrevocable Consent to Standby
Adoption, appeared before me this day in person and
acknowledged that (she) (he) signed and delivered the consent
as (her) (his) free and voluntary act, for the specified
purpose.
I have fully explained that this consent to adoption is
valid only if the petition to adopt is filed, and that if the
specified person or persons, for any reason, cannot or will not
adopt the child or if the adoption petition is denied, then
this consent will be void. I have fully explained that if the
specified person or persons adopt the child, by signing this
consent (she) (he) is irrevocably and permanently
relinquishing all parental rights to the child, and (she) (he)
has stated that such is (her) (his) intention and desire.
Dated (insert date).
Signature ..............................
(4) If a consent to standby adoption is executed in this
form, the consent shall be valid only if the specified person
or persons adopt the child. The consent shall be void if:
(a) the specified person or persons do not file a petition

for standby adoption of the child; or
(b) a court denies the standby adoption petition.
The parent shall not need to take further action to revoke
the consent if the standby adoption by the specified person or
persons does not occur, notwithstanding the provisions of
Section 11 of this Act.
C. The form of surrender to any agency given by a parent of
a born child who is to be subsequently placed for adoption
shall be substantially as follows and shall contain such other
facts and statements as the particular agency shall require.
FINAL AND IRREVOCABLE SURRENDER
FOR PURPOSES OF ADOPTION
I, .... (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on ...., at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child.
That I hereby grant to the Agency full power and authority
to place such child with any person or persons it may in its

sole discretion select to become the adopting parent or parents
and to consent to the legal adoption of such child by such
person or persons; and to take any and all measures which, in
the judgment of the Agency, may be for the best interests of
such child, including authorizing medical, surgical and dental
care and treatment including inoculation and anaesthesia for
such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other rights
over such child.
That I have read and understand the above and I am signing
it as my free and voluntary act.
Dated (insert date).
........................
C-5. The form of a Final and Irrevocable Designated
Surrender for Purposes of Adoption to any agency given by a
parent of a born child who is to be subsequently placed for
adoption is to be used by legal parents only. The form shall be
substantially as follows and shall contain such other facts and
statements as the particular agency shall require:
FINAL AND IRREVOCABLE DESIGNATED SURRENDER
FOR PURPOSES OF ADOPTION

I, .... (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
1. That such child was born on ...., at .....
2. That I reside at ...., County of ...., and State of
.....
3. That I am of the age of .... years.
4. That I do hereby surrender and entrust the entire
custody and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption with
............................. (specified person or persons)
and to consent to the legal adoption of such child and to take
any and all measures which, in the judgment of the Agency, may
be for the best interests of such child, including authorizing
medical, surgical and dental care and treatment including
inoculation and anesthesia for such child.
5. That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
6. That if the petition for adoption is not filed by the
specified person or persons designated herein or, if the
petition for adoption is filed but the adoption petition is
dismissed with prejudice or the adoption proceeding is
otherwise concluded without an order declaring the child to be

the adopted child of each specified person, then I understand
that the Agency will provide notice to me within 10 business
days and that such notice will be directed to me using the
contact information I have provided to the Agency. I understand
that I will have 10 business days from the date that the Agency
sends me its notice to respond, within which time I may choose
to designate other adoptive parent(s). However, I acknowledge
that the Agency has full power and authority to place the child
for adoption with any person or persons it may in its sole
discretion select to become the adopting parent or parents and
to consent to the legal adoption of the child by such person or
persons.
7. That I acknowledge that this surrender is valid even if
the specified persons separate or divorce or one of the
specified persons dies prior to the entry of the final judgment
for adoption.
8. That I expressly acknowledge that the above paragraphs 6
and 7 do not impair the validity and absolute finality of this
surrender under any circumstance.
9. That I understand that I have a remaining obligation to
keep the Agency informed of my current contact information
until the adoption of the child has been finalized if I wish to
be notified in the event the adoption by the specified
person(s) cannot proceed.
10. That I understand I cannot under any circumstances,
after signing this surrender, change my mind and revoke or

cancel this surrender or obtain or recover custody or any other
rights over such child.
11. That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date).
..............................
D. The form of surrender to an agency given by a parent of
an unborn child who is to be subsequently placed for adoption
shall be substantially as follows and shall contain such other
facts and statements as the particular agency shall require.
SURRENDER OF UNBORN CHILD FOR
PURPOSES OF ADOPTION
I, .... (father), state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child, and that I have
not previously executed a consent or surrender with respect to
such child.

That I hereby grant to the Agency full power and authority
to place such child with any person or persons it may in its
sole discretion select to become the adopting parent or parents
and to consent to the legal adoption of such child by such
person or persons; and to take any and all measures which, in
the judgment of the Agency, may be for the best interests of
such child, including authorizing medical, surgical and dental
care and treatment, including inoculation and anaesthesia for
such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other rights
over such child, except that I have the right to revoke this
surrender by giving written notice of my revocation not later
than 72 hours after the birth of such child.
That I have read and understand the above and I am signing
it as my free and voluntary act.
Dated (insert date).
........................
E. The form of consent required from the parents for the
adoption of an adult, when such adult elects to obtain such
consent, shall be substantially as follows:
CONSENT

I, ...., (father) (mother) of ...., an adult, state:
That I reside at ...., County of .... and State of .....
That I do hereby consent and agree to the adoption of such
adult by .... and .....
Dated (insert date).
.........................
F. The form of consent required for the adoption of a child
of the age of 14 years or over, or of an adult, to be given by
such person, shall be substantially as follows:
CONSENT
I, ...., state:
That I reside at ...., County of .... and State of .....
That I am of the age of .... years. That I hereby enter my
appearance in this proceeding and waive service of summons on
me. That I consent and agree to my adoption by .... and .....
Dated (insert date).
........................
G. The form of consent given by an agency to the adoption
by specified persons of a child previously surrendered to it
shall set forth that the agency has the authority to execute
such consent. The form of consent given by a guardian of the
person of a child sought to be adopted, appointed by a court of
competent jurisdiction, shall set forth the facts of such
appointment and the authority of the guardian to execute such
consent.
H. A consent (other than that given by an agency, or

guardian of the person of the child sought to be adopted who
was appointed by a court of competent jurisdiction) shall be
acknowledged by a parent before a judge of a court of competent
jurisdiction or, except as otherwise provided in this Act,
before a representative of an agency, or before a person, other
than the attorney for the prospective adoptive parent or
parents, designated by a court of competent jurisdiction.
I. A surrender, or any other document equivalent to a
surrender, by which a child is surrendered to an agency shall
be acknowledged by the person signing such surrender, or other
document, before a judge of a court of competent jurisdiction,
or, except as otherwise provided in this Act, before a
representative of an agency, or before a person designated by a
court of competent jurisdiction.
J. The form of the certificate of acknowledgment for a
consent, a surrender, or any other document equivalent to a
surrender, shall be substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, .... (Name of judge or other person), .... (official
title, name and location of court or status or position of
other person), certify that ...., personally known to me to be
the same person whose name is subscribed to the foregoing
(consent) (surrender), appeared before me this day in person
and acknowledged that (she) (he) signed and delivered such

(consent) (surrender) as (her) (his) free and voluntary act,
for the specified purpose.
I have fully explained that by signing such (consent)
(surrender) (she) (he) is irrevocably relinquishing all
parental rights to such child or adult and (she) (he) has
stated that such is (her) (his) intention and desire. (Add if
Consent only) I am further satisfied that, before signing this
Consent, ........ has read, or has had read to him or her, the
Birth Parent Rights and Responsibilities-Private Form.
Dated (insert date).
Signature ...............
K. When the execution of a consent or a surrender is
acknowledged before someone other than a judge, such other
person shall have his or her signature on the certificate
acknowledged before a notary public, in form substantially as
follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, a Notary Public, in and for the County of ......, in the
State of ......, certify that ...., personally known to me to
be the same person whose name is subscribed to the foregoing
certificate of acknowledgment, appeared before me in person and
acknowledged that (she) (he) signed such certificate as (her)
(his) free and voluntary act and that the statements made in
the certificate are true.

Dated (insert date).
Signature ...................... Notary Public
(official seal)
There shall be attached a certificate of magistracy, or
other comparable proof of office of the notary public
satisfactory to the court, to a consent signed and acknowledged
in another state.
L. A surrender or consent executed and acknowledged outside
of this State, either in accordance with the law of this State
or in accordance with the law of the place where executed, is
valid.
M. Where a consent or a surrender is signed in a foreign
country, the execution of such consent shall be acknowledged or
affirmed in a manner conformable to the law and procedure of
such country.
N. If the person signing a consent or surrender is in the
military service of the United States, the execution of such
consent or surrender may be acknowledged before a commissioned
officer and the signature of such officer on such certificate
shall be verified or acknowledged before a notary public or by
such other procedure as is then in effect for such division or
branch of the armed forces.
O. (1) The parent or parents of a child in whose interests
a petition under Section 2-13 of the Juvenile Court Act of 1987
is pending may, with the approval of the designated

representative of the Department of Children and Family
Services ("Department" or "DCFS"), execute a consent to
adoption by a specified person or persons:
(a) in whose physical custody the child has resided for
at least 6 months; or
(b) in whose physical custody at least one sibling of
the child who is the subject of this consent has resided
for at least 6 months, and the child who is the subject of
this consent is currently residing in this foster home; or
(c) in whose physical custody a child under one year of
age has resided for at least 3 months.
The court may waive the time frames in subdivisions (a),
(b), and (c) for good cause shown if the court finds it to be in
the child's best interests.
A consent under this subsection O shall be acknowledged by
a parent pursuant to subsection H and subsection K of this
Section.
(2) The final and irrevocable consent to adoption by a
specified person or persons in a Department of Children and
Family Services (DCFS) case shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS: DCFS CASE
I, ......................................, the
.................. (mother or father) of a ....male child,
state:
1. My child ............................ (name of

child) was born on (insert date) at ....................
Hospital in the municipality of ........., in
................ County, State of ...............
2. I reside at ......................, County of
............. and State of ..............
Mail may also be sent to me at this address
............................, in care of .................
My home telephone number is......................
My cell telephone number is......................
My e-mail address is.................................
3. I, ..........................., am .... years old.
4. I enter my appearance in this action for my child to
be adopted by the person or persons specified herein by me
and waive service of summons on me in this action only.
5. I hereby acknowledge that I have been provided a
copy of the Birth Parent Rights and Responsibilities for
DCFS Cases before signing this Consent and that I have had
time to read this form or have it read to me and that I
understand the rights and responsibilities described in
this form. I understand that if I do not receive any of my
rights as described in the form, it shall not constitute a
basis to revoke this Final and Irrevocable Consent to
Adoption by a Specified Person or Persons.
6. I do hereby consent and agree to the adoption of
such child by .......... (specified person or persons)
only.

7. I wish to sign this consent and I understand that by
signing this consent I irrevocably and permanently give up
all my parental rights I have to my child.
8. I understand that this consent allows my child to be
adopted by .......... only and that I cannot under any
circumstances after signing this document change my mind
and revoke or cancel this consent.
9. I understand that this consent will be void if:
(a) the Department places my child with someone
other than the specified person or persons; or
(b) a court denies the adoption petition for the
specified person or persons to adopt my child; or
(c) the DCFS Guardianship Administrator refuses to
consent to my child's adoption by the specified person
or persons on the basis that the adoption is not in my
child's best interests.
I understand that if this consent is void I have
parental rights to my child, subject to any applicable
court orders including those entered under Article II of
the Juvenile Court Act of 1987, unless and until I sign a
new consent or surrender or my parental rights are
involuntarily terminated. I understand that if this
consent is void, my child may be adopted by someone other
than the specified person or persons only if I sign a new
consent or surrender, or my parental rights are
involuntarily terminated. I understand that if this

consent is void, the Department will notify me within 30
days using the addresses and telephone numbers I provided
in paragraph 2 of this form. I understand that if I receive
such a notice, it is very important that I contact the
Department immediately, and preferably within 30 days, to
have input into the plan for my child's future.
10. I understand that if a petition for adoption of my
child is filed by someone other than the specified person
or persons, the Department will notify me within 14 days
after the Department becomes aware of the petition. The
fact that someone other than the specified person or
persons files a petition to adopt my child does not make
this consent void.
11. If a person other than the specified person or
persons files a petition to adopt my child or if the
consent is void under paragraph 9, the Department will send
written notice to me using the mailing address and email
address provided by me in paragraph 2 of this form. The
Department will also contact me using the telephone numbers
I provided in paragraph 2 of this form. It is very
important that I let the Department know if any of my
contact information changes. If I do not let the Department
know if any of my contact information changes, I understand
that I may not receive notification from the Department if
this consent is void or if someone other than the specified
person or persons files a petition to adopt my child. If

any of my contact information changes, I should immediately
notify:
Caseworker's name and telephone number:
............................................................;
Agency name, address, zip code, and telephone number:
............................................................;
Supervisor's name and telephone number:
............................................................;
DCFS Advocacy Office for Children and Families:
800-232-3798.
12. I expressly acknowledge that paragraph 9 (and
paragraphs 8a and 8b, if applicable) do not impair the
validity and finality of this consent under any
circumstances.
13. I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date).
.............................................
Signature of parent
(3) If the parent consents to an adoption by 2 specified
persons, then the form shall contain 2 additional paragraphs in
substantially the following form:
8a. If ............... (specified persons) get a
divorce or are granted a dissolution of a civil union
before the petition to adopt my child is granted, this
consent is valid for ........... (specified person) to

adopt my child. I understand that I cannot change my mind
or revoke this consent or recover custody of my child on
the basis that the specified persons divorce or are granted
a dissolution of a civil union.
8b. I understand that if either ...............
(specified persons) dies before the petition to adopt my
child is granted, this consent remains valid for the
surviving person to adopt my child. I understand that I
cannot change my mind or revoke this consent or recover
custody of my child on the basis that one of the specified
persons dies.
(4) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Adoption by a Specified
Person or Persons: DCFS Case shall be substantially as follows:
STATE OF ..............)
) SS.
COUNTY OF .............)
I, .................... (Name of Judge or other person),
..................... (official title, name, and address),
certify that ............., personally known to me to be the
same person whose name is subscribed to the foregoing Final and
Irrevocable Consent for Adoption by a Specified Person or
Persons: DCFS Case, appeared before me this day in person and
acknowledged that (she)(he) signed and delivered the consent as

(her)(his) free and voluntary act, for the specified purpose.
I have fully explained that by signing this consent this
parent is irrevocably and permanently relinquishing all
parental rights to the child so that the child may be adopted
by a specified person or persons, and this parent has stated
that such is (her)(his) intention and desire. I have fully
explained that this consent is void only if:
(a) the placement is disrupted and the child is moved
to a different placement; or
(b) a court denies the petition for adoption; or
(c) the Department of Children and Family Services
Guardianship Administrator refuses to consent to the
child's adoption by a specified person or persons on the
basis that the adoption is not in the child's best
interests.
Dated (insert date).
...............................
Signature
(5) If a consent to adoption by a specified person or
persons is executed in this form, the following provisions
shall apply. The consent shall be valid only for the specified
person or persons to adopt the child. The consent shall be void
if:
(a) the placement disrupts and the child is moved to
another placement; or
(b) a court denies the petition for adoption; or

(c) the Department of Children and Family Services
Guardianship Administrator refuses to consent to the
child's adoption by the specified person or persons on the
basis that the adoption is not in the child's best
interests.
If the consent is void under this Section, the parent shall
not need to take further action to revoke the consent. No
proceeding for termination of parental rights shall be brought
unless the parent who executed the consent to adoption by a
specified person or persons has been notified of the
proceedings pursuant to Section 7 of this Act or subsection (4)
of Section 2-13 of the Juvenile Court Act of 1987.
(6) The Department of Children and Family Services is
authorized to promulgate rules necessary to implement this
subsection O.
(7) (Blank).
(8) The Department of Children and Family Services shall
promulgate a rule and procedures regarding Consents to Adoption
by a Specified Person or Persons in DCFS cases. The rule and
procedures shall provide for the development of the Birth
Parent Rights and Responsibilities Form for DCFS Cases.
(9) A consent to adoption by specified persons on this
consent form shall have no effect on a court's determination of
custody or visitation under the Illinois Marriage and
Dissolution of Marriage Act or the Illinois Religious Freedom
Protection and Civil Union Act if the marriage or civil union

of the specified persons is dissolved after the adoption is
final.
P. If the person signing a consent is incarcerated or
detained in a correctional facility, prison, jail, detention
center, or other comparable institution, either in this State
or any other jurisdiction, the execution of such consent may be
acknowledged before social service personnel of such
institution, or before a person designated by a court of
competent jurisdiction.
Q. A consent may be acknowledged telephonically, via
audiovisual connection, or other electronic means, provided
that a court of competent jurisdiction has entered an order
approving the execution of the consent in such manner and has
designated an individual to be physically present with the
parent executing such consent in order to verify the identity
of the parent.
R. An agency whose representative is acknowledging a
consent pursuant to this Section shall be a public child
welfare agency, or a child welfare agency, or a child placing
agency that is authorized or licensed in the State or
jurisdiction in which the consent is signed.
S. The form of waiver by a putative or legal father of a
born or unborn child shall be substantially as follows:
FINAL AND IRREVOCABLE
WAIVER OF PARENTAL RIGHTS OF PUTATIVE OR LEGAL FATHER

I, .................... , state under oath or affirm as
follows:
1. That the biological mother ............... has
named me as a possible biological or legal father of her
minor child who was born, or is expected to be born on
..........., ......, in the City/Town of........., State
of ...........
2. That I understand that the biological mother
............. intends to or has placed the child for
adoption.
3. That I reside at ................, in the City/Town
of..........., State of ................
4. That I am ................ years of age and my date
of birth is ..............., .............
5. That I (select one):
..... am married to the biological mother.
..... am not married to the biological mother and
have not been married to the biological mother within
300 days before the child's birth or expected date of
child's birth.
..... am not currently married to the biological
mother, but was married to the biological mother,
within 300 days before the child's birth or expected
date of child's birth.
6. That I (select one):

..... neither admit nor deny that I am the
biological father of the child.
..... deny that I am the biological father of the
child.
7. That I hereby agree to the termination of my
parental rights, if any, without further notice to me of
any proceeding for the adoption of the minor child, even if
I have taken any action to establish parental rights or
take any such action in the future including registering
with any putative father registry.
8. That I understand that by signing this Waiver I do
irrevocably and permanently give up all custody and other
parental rights I may have to such child.
9. That I understand that this Waiver is FINAL AND
IRREVOCABLE and that I am permanently barred from
contesting any proceeding for the adoption of the child
after I sign this Waiver.
10. That I waive any further service of summons or
other pleadings in any proceeding to terminate parental
rights, if any to this child, or any proceeding for
adoption of this child.
11. That I understand that if a final judgment or order
of adoption for this child is not entered, then any
parental rights or responsibilities that I may have remain
intact.
12. That I have read and understand the above and that

I am signing it as my free and voluntary act.
Dated: ................... , ..............
...........................................
Signature
OATH
I have been duly sworn and I state under oath that I have read
and understood this Final and Irrevocable Waiver of Parental
Rights of Putative or Legal Father. The facts contained in it
are true and correct to the best of my knowledge. I have signed
this document as my free and voluntary act in order to
facilitate the adoption of the child.
..............................
Signature
Signed and Sworn before me on
this ............ day
of ..........., 20....
...................
Notary Public
(Source: P.A. 96-601, eff. 8-21-09; 96-1461, eff. 1-1-11;
97-493, eff. 8-22-11; 97-988, eff. 1-1-13; 97-1063, eff.
1-1-13; revised 9-20-12.)

Section 500. 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 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
Reserve 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; 97-333, eff. 8-12-11;

revised 8-3-12.)
Section 505. The Residential Real Property Disclosure Act
is amended by changing Section 78 as follows:
(765 ILCS 77/78)
Sec. 78. Exemption. Borrowers applying for reverse
mortgage financing of residential real estate including under
programs regulated by the Federal Housing Administration
Authority (FHA) that require HUD-certified counseling are
exempt from the program and may submit a HUD counseling
certificate to comply with the program.
(Source: P.A. 95-691, eff. 6-1-08; revised 8-3-12.)
Section 510. The Land Sales Registration Act of 1999 is
amended by changing Section 20-25 as follows:
(765 ILCS 86/20-25)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-25. Real Estate License Administration Fund. All
fees collected for registration and for civil penalties
pursuant to this Act and administrative rules adopted under
this Act shall be deposited into the Real Estate License
Administration Fund. The moneys deposited in the Real Estate
License Administration License Fund shall be appropriated to
the Department for expenses for the administration and

enforcement of this Act.
(Source: P.A. 96-855, eff. 12-31-09; revised 10-18-12.)
Section 515. The Condominium Property Act is amended by
changing Section 22.2 as follows:
(765 ILCS 605/22.2)
Sec. 22.2. Resale approval. In the event of a sale of a
condominium unit by a unit owner, no condominium association
shall exercise any right of refusal, option to purchase, or
right to disapprove the sale, on the basis that the purchaser's
financing is guaranteed by the Federal Housing Administration
Authority.
(Source: P.A. 96-228, eff. 1-1-10; revised 8-3-12.)
Section 520. The Health Care Services Lien Act is amended
by changing Section 30 as follows:
(770 ILCS 23/30)
Sec. 30. Adjudication of rights. On petition filed by the
injured person or the health care professional or health care
provider and on the petitioner's written notice to all
interested adverse parties, the circuit court shall adjudicate
the rights of all interested parties and enforce their liens. A
lien created under the Crime Victims Compensation Act may be
reduced only by the Court of Claims.

A petition filed under this Section may be served upon the
interested adverse parties by personal service, substitute
service, or registered or certified mail.
(Source: P.A. 97-817, eff. 1-1-13; 97-1042, eff. 1-1-13;
revised 8-23-12.)
Section 525. The Illinois Development Credit Corporation
Act is amended by changing Section 6.1 as follows:
(805 ILCS 35/6.1)
Sec. 6.1. All moneys received by the Department of
Financial Institutions under this Act shall be deposited in the
Financial Institution Institutions Fund created under Section
6z-26 of the State Finance Act.
(Source: P.A. 88-13; revised 10-18-12.)
Section 530. The Uniform Limited Partnership Act (2001) is
amended by changing Sections 117 and 1308 as follows:
(805 ILCS 215/117)
Sec. 117. Service of process.
(a) An agent for service of process appointed by a limited
partnership or foreign limited partnership is an agent of the
limited partnership or foreign limited partnership for service
of any process, notice, or demand required or permitted by law
to be served upon the limited partnership or foreign limited

partnership.
(b) If a limited partnership or foreign limited partnership
does not appoint or maintain an agent for service of process in
this State or the agent for service of process cannot with
reasonable diligence be found at the agent's address, the
Secretary of State is an agent of the limited partnership or
foreign limited partnership upon whom process, notice, or
demand may be served.
(c) Service under subsection (b) shall be made by the
person instituting the action by doing all of the following:
(1) serving upon the Secretary of State, or upon any
employee having responsibility for administering this Act,
a copy of the process, notice, or demand, together with any
papers required by law to be delivered in connection with
service and paying the fee prescribed by Section 1302 of
this Act;
(2) transmitting notice of the service upon the
Secretary of State and a copy of the process, notice, or
demand and accompanying papers to the limited partnership
being served, by registered or certified mail:
(A) at the last address of the agent for service of
process for the limited partnership or foreign limited
partnership shown by the records on file in the Office
of the Secretary of State; and
(B) at the address the use of which the person
instituting the action, suit, or proceeding knows or,

on the basis of reasonable inquiry, has reason to
believe, is most likely to result in actual notice; .
(3) attaching an affidavit of compliance with this
Section, in substantially the form that the Secretary of
State may by rule or regulation prescribe, to the process,
notice, or demand.
(d) Service is effected under subsection (c) at the
earliest of:
(1) the date the limited partnership or foreign limited
partnership receives the process, notice, or demand;
(2) the date shown on the return receipt, if signed on
behalf of the limited partnership or foreign limited
partnership; or
(3) five days after the process, notice, or demand is
deposited in the mail, if mailed postpaid and correctly
addressed.
(e) The Secretary of State shall keep a record of each
process, notice, and demand served pursuant to this Section and
record the time of, and the action taken regarding, the
service.
(f) This Section does not affect the right to serve
process, notice, or demand in any other manner provided by law.
(Source: P.A. 97-839, eff. 7-20-12; revised 8-3-12.)
(805 ILCS 215/1308)
Sec. 1308. Department of Business Services Special

Operations Fund.
(a) A special fund in the State Treasury is created and
shall be known as the Department of Business Services Special
Operations Fund. Moneys deposited into the Fund shall, subject
to appropriation, be used by the Department of Business
Services of the Office of the Secretary of State, hereinafter
"Department", to create and maintain the capability to perform
expedited services in response to special requests made by the
public for same day or 24 hour service. Moneys deposited into
the Fund shall be used for, but not limited to, expenditures
for personal services, retirement, Social Security,
contractual services, equipment, electronic data processing,
and telecommunications.
(b) The balance in the Fund at the end of any fiscal year
shall not exceed $600,000 and any amount in excess thereof
shall be transferred to the General Revenue Fund.
(c) All fees payable to the Secretary of State under this
Section shall be deposited into the Fund. No other fees or
charges collected under this Act shall be deposited into the
Fund.
(d) "Expedited services" means services rendered within
the same day, or within 24 hours from the time the request
therefor is submitted by the filer, law firm, service company,
or messenger physically in person or, at the Secretary of
State's discretion, by electronic means, to the Department's
Springfield Office or Chicago Office and includes requests for

certified copies, photocopies, and certificates of existence
or abstracts of computer record made to the Department's
Springfield Office in person or by telephone, or requests for
certificates of existence or abstracts of computer record made
in person or by telephone to the Department's Chicago Office.
(e) Fees for expedited services shall be as follows:
Merger or conversion, $200;
Certificate of limited partnership, $100;
Certificate of amendment, $100;
Reinstatement, $100;
Application for admission to transact business, $100;
Certificate of existence or abstract of computer
record, $20; .
All other filings, copies of documents, annual renewal
reports, and copies of documents of canceled limited
partnerships, $50.
(Source: P.A. 97-839, eff. 7-20-12; revised 8-3-12.)
Section 535. The Uniform Commercial Code is amended by
changing Section 9-516 as follows:
(810 ILCS 5/9-516)
(Text of Section before amendment by P.A. 97-1034)
Sec. 9-516. What constitutes filing; effectiveness of
filing.
(a) What constitutes filing. Except as otherwise provided

in subsection (b), communication of a record to a filing office
and tender of the filing fee or acceptance of the record by the
filing office constitutes filing.
(b) Refusal to accept record; filing does not occur. Filing
does not occur with respect to a record that a filing office
refuses to accept because:
(1) the record is not communicated by a method or
medium of communication authorized by the filing office;
(2) an amount equal to or greater than the applicable
filing fee is not tendered;
(3) the filing office is unable to index the record
because:
(A) in the case of an initial financing statement,
the record does not provide a name for the debtor;
(B) in the case of an amendment or correction
statement, the record:
(i) does not identify the initial financing
statement as required by Section 9-512 or 9-518, as
applicable;
(ii) identifies an initial financing statement
whose effectiveness has lapsed under Section
9-515; or
(iii) identifies an initial financing
statement which was terminated pursuant to Section
9-501.1;
(C) in the case of an initial financing statement

that provides the name of a debtor identified as an
individual or an amendment that provides a name of a
debtor identified as an individual which was not
previously provided in the financing statement to
which the record relates, the record does not identify
the debtor's last name;
(D) in the case of a record filed or recorded in
the filing office described in Section 9-501(a)(1),
the record does not provide a sufficient description of
the real property to which it relates; or
(E) in the case of a record submitted to the filing
office described in Section 9-501(a)(1), the filing
office has reason to believe, from information
contained in the record or from the person that
communicated the record to the office, that: (i) if the
record indicates that the debtor is a transmitting
utility, the debtor does not meet the definition of a
transmitting utility as described in Section
9-102(a)(81); (ii) if the record indicates that the
transaction relating to the record is a
manufactured-home transaction, the transaction does
not meet the definition of a manufactured-home
transaction as described in Section 9-102(a)(54); or
(iii) if the record indicates that the transaction
relating to the record is a public-finance
transaction, the transaction does not meet the

definition of a public-finance transaction as
described in Section 9-102(a)(67);
(3.5) in the case of an initial financing statement or
an amendment, if the filing office believes in good faith
that the record was communicated to the filing office in
violation of Section 9-501.1(a);
(4) in the case of an initial financing statement or an
amendment that adds a secured party of record, the record
does not provide a name and mailing address for the secured
party of record;
(5) in the case of an initial financing statement or an
amendment that provides a name of a debtor which was not
previously provided in the financing statement to which the
amendment relates, the record does not:
(A) provide a mailing address for the debtor;
(B) indicate whether the debtor is an individual or
an organization; or
(C) if the financing statement indicates that the
debtor is an organization, provide:
(i) a type of organization for the debtor;
(ii) a jurisdiction of organization for the
debtor; or
(iii) an organizational identification number
for the debtor or indicate that the debtor has
none;
(6) in the case of an assignment reflected in an

initial financing statement under Section 9-514(a) or an
amendment filed under Section 9-514(b), the record does not
provide a name and mailing address for the assignee; or
(7) in the case of a continuation statement, the record
is not filed within the six-month period prescribed by
Section 9-515(d).
(c) Rules applicable to subsection (b). For purposes of
subsection (b):
(1) a record does not provide information if the filing
office is unable to read or decipher the information; and
(2) a record that does not indicate that it is an
amendment or identify an initial financing statement to
which it relates, as required by Section 9-512, 9-514, or
9-518, is an initial financing statement.
(d) Refusal to accept record; record effective as filed
record. A record that is communicated to the filing office with
tender of the filing fee, but which the filing office refuses
to accept for a reason other than one set forth in subsection
(b), is effective as a filed record except as against a
purchaser of the collateral which gives value in reasonable
reliance upon the absence of the record from the files.
(e) The Secretary of State may refuse to accept a record
for filing under subdivision (b)(3)(E) or (b)(3.5) only if the
refusal is approved by the Department of Business Services of
the Secretary of State and the General Counsel to the Secretary
of State.

(Source: P.A. 97-836, eff. 7-20-12.)
(Text of Section after amendment by P.A. 97-1034)
Sec. 9-516. What constitutes filing; effectiveness of
filing.
(a) What constitutes filing. Except as otherwise provided
in subsection (b), communication of a record to a filing office
and tender of the filing fee or acceptance of the record by the
filing office constitutes filing.
(b) Refusal to accept record; filing does not occur. Filing
does not occur with respect to a record that a filing office
refuses to accept because:
(1) the record is not communicated by a method or
medium of communication authorized by the filing office;
(2) an amount equal to or greater than the applicable
filing fee is not tendered;
(3) the filing office is unable to index the record
because:
(A) in the case of an initial financing statement,
the record does not provide a name for the debtor;
(B) in the case of an amendment or information
statement, the record:
(i) does not identify the initial financing
statement as required by Section 9-512 or 9-518, as
applicable;
(ii) identifies an initial financing statement

whose effectiveness has lapsed under Section
9-515; or
(iii) identifies an initial financing
statement which was terminated pursuant to Section
9-501.1;
(C) in the case of an initial financing statement
that provides the name of a debtor identified as an
individual or an amendment that provides a name of a
debtor identified as an individual which was not
previously provided in the financing statement to
which the record relates, the record does not identify
the debtor's surname;
(D) in the case of a record filed or recorded in
the filing office described in Section 9-501(a)(1),
the record does not provide a sufficient description of
the real property to which it relates; or
(E) in the case of a record submitted to the filing
office described in Section 9-501(a)(1), the filing
office has reason to believe, from information
contained in the record or from the person that
communicated the record to the office, that: (i) if the
record indicates that the debtor is a transmitting
utility, the debtor does not meet the definition of a
transmitting utility as described in Section
9-102(a)(81); (ii) if the record indicates that the
transaction relating to the record is a

manufactured-home transaction, the transaction does
not meet the definition of a manufactured-home
transaction as described in Section 9-102(a)(54); or
(iii) if the record indicates that the transaction
relating to the record is a public-finance
transaction, the transaction does not meet the
definition of a public-finance transaction as
described in Section 9-102(a)(67);
(3.5) in the case of an initial financing statement or
an amendment, if the filing office believes in good faith
that the record was communicated to the filing office in
violation of Section 9-501.1(a);
(4) in the case of an initial financing statement or an
amendment that adds a secured party of record, the record
does not provide a name and mailing address for the secured
party of record;
(5) in the case of an initial financing statement or an
amendment that provides a name of a debtor which was not
previously provided in the financing statement to which the
amendment relates, the record does not:
(A) provide a mailing address for the debtor; or
(B) indicate whether the name provided as the name
of the debtor is the name of an individual or an
organization;
(6) in the case of an assignment reflected in an
initial financing statement under Section 9-514(a) or an

amendment filed under Section 9-514(b), the record does not
provide a name and mailing address for the assignee; or
(7) in the case of a continuation statement, the record
is not filed within the six-month period prescribed by
Section 9-515(d).
(c) Rules applicable to subsection (b). For purposes of
subsection (b):
(1) a record does not provide information if the filing
office is unable to read or decipher the information; and
(2) a record that does not indicate that it is an
amendment or identify an initial financing statement to
which it relates, as required by Section 9-512, 9-514, or
9-518, is an initial financing statement.
(d) Refusal to accept record; record effective as filed
record. A record that is communicated to the filing office with
tender of the filing fee, but which the filing office refuses
to accept for a reason other than one set forth in subsection
(b), is effective as a filed record except as against a
purchaser of the collateral which gives value in reasonable
reliance upon the absence of the record from the files.
(e) The Secretary of State may refuse to accept a record
for filing under subdivision (b)(3)(E) or (b)(3.5) only if the
refusal is approved by the Department of Business Services of
the Secretary of State and the General Counsel to the Secretary
of State.
(Source: P.A. 97-836, eff. 7-20-12; 97-1034, eff. 7-1-13;

revised 9-11-12.)
Section 540. The Recyclable Metal Purchase Registration
Law is amended by changing Section 3 as follows:
(815 ILCS 325/3) (from Ch. 121 1/2, par. 323)
Sec. 3. Records of purchases. Except as provided in Section
5 of this Act every recyclable metal dealer in this State shall
enter into an electronic record-keeping system for each
purchase of recyclable metal or recyclable metal containing
copper the following information:
1. The name and address of the recyclable metal dealer;
2. The date and place of each purchase;
3. The name and address of the person or persons from
whom the recyclable metal was purchased, which shall be
verified from a valid driver's license or other
government-issued photo identification. The recyclable
metal dealer shall make and record a photocopy or
electronic scan of the driver's license or other
government-issued photo identification. If the person
delivering the recyclable metal does not have a valid
driver's license or other government-issued photo
identification, the recyclable metal dealer shall not
complete the transaction;
4. The motor vehicle license number and state of
issuance of the motor vehicle license number of the vehicle

or conveyance on which the recyclable metal was delivered
to the recyclable metal dealer;
5. A description of the recyclable metal purchased,
including the weight and whether it consists of bars,
cable, ingots, rods, tubing, wire, wire scraps, clamps,
connectors, other appurtenances, or some combination
thereof;
6. Photographs or video, or both, of the seller and of
the materials as presented on the scale; and
7. A declaration signed and dated by the person or
persons from whom the recyclable metal was purchased which
states the following:
"I, the undersigned, affirm under penalty of law
that the property that is subject to this transaction
is not to the best of my knowledge stolen property.".
A copy of the recorded information shall be kept in an
electronic record-keeping system by the recyclable metal
dealer. Purchase records shall be retained for a period of 3
years. Photographs shall be retained for a period of 3 months
and video recordings shall be retained for a period of one
month. The electronic record-keeping system shall be made
available for inspection by any law enforcement official or the
representatives of common carriers and persons, firms,
corporations or municipal corporations engaged in either the
generation, transmission or distribution of electric energy or
engaged in telephone, telegraph or other communications, at any

time.
(Source: P.A. 96-507, eff. 8-14-09; 97-923, eff. 1-1-13;
97-924, eff. 1-1-13; revised 8-23-12.)
Section 545. The Consumer Fraud and Deceptive Business
Practices Act is amended by setting forth and renumbering
multiple versions of Section 2MMM as follows:
(815 ILCS 505/2MMM)
Sec. 2MMM. Violations of the Private Business and
Vocational Schools Act of 2012. A school subject to the Private
Business and Vocational Schools Act of 2012 commits an unlawful
practice within the meaning of this Act when it violates
subsection (k) of Section 85 of the Private Business and
Vocational Schools Act of 2012.
(Source: P.A. 97-650, eff. 2-1-12.)
(815 ILCS 505/2PPP)
Sec. 2PPP 2MMM. Internet dating safety. It is an unlawful
practice under this Act for an Internet dating service to fail
to provide notice or falsely indicate that it has performed
criminal background screenings in accordance with the Internet
Dating Safety Act.
(Source: P.A. 97-1056, eff. 8-24-12; revised 1-24-13.)
Section 550. The Day and Temporary Labor Services Act is

amended by changing Section 80 as follows:
(820 ILCS 175/80)
Sec. 80. Child Labor and Day and Temporary Labor Services
Enforcement Fund. All moneys received as fees and civil
penalties under this Act shall be deposited into the Child
Labor and Day and Temporary Labor Services Enforcement Fund and
may be used for the purposes set forth in Section 17.3 of the
Child Labor Law.
(Source: P.A. 92-783, eff. 1-1-03; revised 10-18-12.)
Section 555. The Child Labor Law is amended by changing
Section 17.3 as follows:
(820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
Sec. 17.3. Any employer who violates any of the provisions
of this Act or any rule or regulation issued under the Act
shall be subject to a civil penalty of not to exceed $5,000 for
each such violation. In determining the amount of such penalty,
the appropriateness of such penalty to the size of the business
of the employer charged and the gravity of the violation shall
be considered. The amount of such penalty, when finally
determined, may be
(1) recovered in a civil action brought by the Director
of Labor in any circuit court, in which litigation the
Director of Labor shall be represented by the Attorney

General;
(2) ordered by the court, in an action brought for
violation under Section 19, to be paid to the Director of
Labor.
Any administrative determination by the Department of
Labor of the amount of each penalty shall be final unless
reviewed as provided in Section 17.1 of this Act.
Civil penalties recovered under this Section shall be paid
into the Child Labor and Day and Temporary Labor Services
Enforcement Fund, a special fund which is hereby created in the
State treasury. Moneys in the Fund may be used, subject to
appropriation, for exemplary programs, demonstration projects,
and other activities or purposes related to the enforcement of
this Act or for the activities or purposes related to the
enforcement of the Day and Temporary Labor Services Act.
(Source: P.A. 92-783, eff. 1-1-03; revised 10-18-12.)
Section 560. The Unemployment Insurance Act is amended by
changing Sections 1402 and 1801.1 as follows:
(820 ILCS 405/1402) (from Ch. 48, par. 552)
Sec. 1402. Penalties.
A. If any employer fails, within the time prescribed in
this Act as amended and in effect on October 5, 1980, and the
regulations of the Director, to file a report of wages paid to
each of his workers, or to file a sufficient report of such

wages after having been notified by the Director to do so, for
any period which begins prior to January 1, 1982, he shall pay
to the Department as a penalty a sum determined in accordance
with the provisions of this Act as amended and in effect on
October 5, 1980.
B. Except as otherwise provided in this Section, any
employer who fails to file a report of wages paid to each of
his workers for any period which begins on or after January 1,
1982, within the time prescribed by the provisions of this Act
and the regulations of the Director, or, if the Director
pursuant to such regulations extends the time for filing the
report, fails to file it within the extended time, shall, in
addition to any sum otherwise payable by him under the
provisions of this Act, pay to the Department as a penalty a
sum equal to the lesser of (1) $5 for each $10,000 or fraction
thereof of the total wages for insured work paid by him during
the period or (2) $2,500, for each month or part thereof of
such failure to file the report. With respect to an employer
who has elected to file reports of wages on an annual basis
pursuant to Section 1400.2, in assessing penalties for the
failure to submit all reports by the due date established
pursuant to that Section, the 30-day period immediately
following the due date shall be considered as one month.
If the Director deems an employer's report of wages paid to
each of his workers for any period which begins on or after
January 1, 1982, insufficient, he shall notify the employer to

file a sufficient report. If the employer fails to file such
sufficient report within 30 days after the mailing of the
notice to him, he shall, in addition to any sum otherwise
payable by him under the provisions of this Act, pay to the
Department as a penalty a sum determined in accordance with the
provisions of the first paragraph of this subsection, for each
month or part thereof of such failure to file such sufficient
report after the date of the notice.
For wages paid in calendar years prior to 1988, the penalty
or penalties which accrue under the two foregoing paragraphs
with respect to a report for any period shall not be less than
$100, and shall not exceed the lesser of (1) $10 for each
$10,000 or fraction thereof of the total wages for insured work
paid during the period or (2) $5,000. For wages paid in
calendar years after 1987, the penalty or penalties which
accrue under the 2 foregoing paragraphs with respect to a
report for any period shall not be less than $50, and shall not
exceed the lesser of (1) $10 for each $10,000 or fraction of
the total wages for insured work paid during the period or (2)
$5,000. With respect to an employer who has elected to file
reports of wages on an annual basis pursuant to Section 1400.2,
for purposes of calculating the minimum penalty prescribed by
this Section for failure to file the reports on a timely basis,
a calendar year shall constitute a single period. For reports
of wages paid after 1986, the Director shall not, however,
impose a penalty pursuant to either of the two foregoing

paragraphs on any employer who can prove within 30 working days
after the mailing of a notice of his failure to file such a
report, that (1) the failure to file the report is his first
such failure during the previous 20 consecutive calendar
quarters, and (2) the amount of the total contributions due for
the calendar quarter of such report (or, in the case of an
employer who is required to file the reports on a monthly
basis, the amount of the total contributions due for the
calendar quarter that includes the month of such report) is
less than $500.
For any month which begins on or after January 1, 2013, a
report of the wages paid to each of an employer's workers shall
be due on or before the last day of the month next following
the calendar month in which the wages were paid if the employer
is required to report such wages electronically pursuant to the
regulations of the Director; otherwise a report of the wages
paid to each of the employer's workers shall be due on or
before the last day of the month next following the calendar
quarter in which the wages were paid.
Any employer who wilfully fails to pay any contribution or
part thereof, based upon wages paid prior to 1987, when
required by the provisions of this Act and the regulations of
the Director, with intent to defraud the Director, shall in
addition to such contribution or part thereof pay to the
Department a penalty equal to 50 percent of the amount of such
contribution or part thereof, as the case may be, provided that

the penalty shall not be less than $200.
Any employer who willfully fails to pay any contribution or
part thereof, based upon wages paid in 1987 and in each
calendar year thereafter, when required by the provisions of
this Act and the regulations of the Director, with intent to
defraud the Director, shall in addition to such contribution or
part thereof pay to the Department a penalty equal to 60% of
the amount of such contribution or part thereof, as the case
may be, provided that the penalty shall not be less than $400.
However, all or part of any penalty may be waived by the
Director for good cause shown.
(Source: P.A. 97-689, eff. 6-14-12; 97-791, eff. 1-1-13;
revised 7-23-12.)
(820 ILCS 405/1801.1)
Sec. 1801.1. Directory of New Hires.
A. The Director shall establish and operate an automated
directory of newly hired employees which shall be known as the
"Illinois Directory of New Hires" which shall contain the
information required to be reported by employers to the
Department under subsection B. In the administration of the
Directory, the Director shall comply with any requirements
concerning the Employer New Hire Reporting Program established
by the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. The Director is authorized to use
the information contained in the Directory of New Hires to

administer any of the provisions of this Act.
B. Each employer in Illinois, except a department, agency,
or instrumentality of the United States, shall file with the
Department a report in accordance with rules adopted by the
Department (but in any event not later than 20 days after the
date the employer hires the employee or, in the case of an
employer transmitting reports magnetically or electronically,
by 2 monthly transmissions, if necessary, not less than 12 days
nor more than 16 days apart) providing the following
information concerning each newly hired employee: the
employee's name, address, and social security number, the date
services for remuneration were first performed by the employee,
the employee's projected monthly wages, and the employer's
name, address, Federal Employer Identification Number assigned
under Section 6109 of the Internal Revenue Code of 1986, and
such other information as may be required by federal law or
regulation, provided that each employer may voluntarily file
the address to which the employer wants income withholding
orders to be mailed, if it is different from the address given
on the Federal Employer Identification Number. An employer in
Illinois which transmits its reports electronically or
magnetically and which also has employees in another state may
report all newly hired employees to a single designated state
in which the employer has employees if it has so notified the
Secretary of the United States Department of Health and Human
Services in writing. An employer may, at its option, submit

information regarding any rehired employee in the same manner
as information is submitted regarding a newly hired employee.
Each report required under this subsection shall, to the extent
practicable, be made on an Internal Revenue Service Form W-4
or, at the option of the employer, an equivalent form, and may
be transmitted by first class mail, by telefax, magnetically,
or electronically.
C. An employer which knowingly fails to comply with the
reporting requirements established by this Section shall be
subject to a civil penalty of $15 for each individual whom it
fails to report. An employer shall be considered to have
knowingly failed to comply with the reporting requirements
established by this Section with respect to an individual if
the employer has been notified by the Department that it has
failed to report an individual, and it fails, without
reasonable cause, to supply the required information to the
Department within 21 days after the date of mailing of the
notice. Any individual who knowingly conspires with the newly
hired employee to cause the employer to fail to report the
information required by this Section or who knowingly conspires
with the newly hired employee to cause the employer to file a
false or incomplete report shall be guilty of a Class B
misdemeanor with a fine not to exceed $500 with respect to each
employee with whom the individual so conspires.
D. As used in this Section, "newly hired employee" means an
individual who (i) is an employee within the meaning of Chapter

24 of the Internal Revenue Code of 1986 and (ii) either has not
previously been employed by the employer or was previously
employed by the employer but has been separated from that prior
employment for at least 60 consecutive days; however, "newly
hired employee" does not include an employee of a federal or
State agency performing intelligence or counterintelligence
functions, if the head of that agency has determined that the
filing of the report required by this Section with respect to
the employee could endanger the safety of the employee or
compromise an ongoing investigation or intelligence mission.
Notwithstanding Section 205, and for the purposes of this
Section only, the term "employer" has the meaning given by
Section 3401(d) of the Internal Revenue Code of 1986 and
includes any governmental entity and labor organization as
defined by Section 2(5) of the National Labor Relations Act,
and includes any entity (also known as a hiring hall) which is
used by the organization and an employer to carry out the
requirements described in Section 8(f)(3) of that Act of an
agreement between the organization and the employer.
(Source: P.A. 97-621, eff. 11-18-11; 97-689, eff. 6-14-12;
97-791, eff. 1-1-13; revised 7-23-12.)
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