Bill Text: IL HB3855 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Creates the First 2017 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0201 [HB3855 Detail]

Download: Illinois-2017-HB3855-Chaptered.html



Public Act 100-0201
HB3855 EnrolledLRB100 05985 AMC 16014 b
AN ACT to revise the law by combining multiple enactments
and making technical corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Nature of this Act.
(a) This Act may be cited as the First 2017 General
Revisory Act.
(b) This Act is not intended to make any substantive change
in the law. It reconciles conflicts that have arisen from
multiple amendments and enactments and makes technical
corrections and revisions in the law.
This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
(c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not
include other versions of the Section to be found in Public
Acts not included in the list of sources. The list of sources
is not a part of the text of the Section.
(d) Public Acts 99-492 through 99-919 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking or
underscoring because no additional changes are being made in
the material that is being combined.
Section 5. The Statute on Statutes is amended by changing
Section 8 as follows:
(5 ILCS 70/8) (from Ch. 1, par. 1107)
Sec. 8. Omnibus Bond Acts.
(a) A citation to the Omnibus Bond Acts is a citation to
all of the following Acts, collectively, as amended from time
to time: the Bond Authorization Act, the Registered Bond Act,
the Municipal Bond Reform Act, the Local Government Debt Reform
Act, subsection (a) of Section 1-7 of the Property Tax
Extension Limitation Act (now repealed), subsection (a) of
Section 18-190 of the Property Tax Code, the Uniform Facsimile
Signature of Public Officials Act, the Local Government Bond
Validity Act, the Illinois Finance Authority Act, the Public
Funds Investment Act, the Local Government Credit Enhancement
Act, the Local Government Defeasance of Debt Law, the
Intergovernmental Cooperation Act, the Local Government
Financial Planning and Supervision Act, the Special Assessment
Supplemental Bond and Procedures Procedure Act, Section 12-5 of
the Election Code, the State University Certificates of
Participation Act, and any similar Act granting additional
omnibus bond powers to governmental entities generally,
whether enacted before, on, or after June 6, 1989 (the
effective date of Public Act 86-4) this amendatory Act of 1989.
(b) The General Assembly recognizes that the proliferation
of governmental entities has resulted in the enactment of
hundreds of statutory provisions relating to the borrowing and
other powers of governmental entities. The General Assembly
addresses and has addressed problems common to all such
governmental entities so that they have equal access to the
municipal bond market. It has been, and will continue to be,
the intention of the General Assembly to enact legislation
applicable to governmental entities in an omnibus fashion, as
has been done in the provisions of the Omnibus Bond Acts.
(c) It is and always has been the intention of the General
Assembly that the Omnibus Bond Acts are and always have been
supplementary grants of power, cumulative in nature and in
addition to any power or authority granted in any other laws of
the State. The Omnibus Bond Acts are supplementary grants of
power when applied in connection with any similar grant of
power or limitation contained in any other law of the State,
whether or not the other law is enacted or amended after an
Omnibus Bond Act or appears to be more restrictive than an
Omnibus Bond Act, unless the General Assembly expressly
declares in such other law that a specifically named Omnibus
Bond Act does not apply.
(d) All instruments providing for the payment of money
executed by or on behalf of any governmental entity organized
by or under the laws of this State, including without
limitation the State, to carry out a public governmental or
proprietary function, acting through its corporate
authorities, or which any governmental entity has assumed or
agreed to pay, which were:
(1) issued or authorized to be issued by proceedings
adopted by such corporate authorities before June 6, 1989
(the effective date of Public Act 86-4) this amendatory Act
of 1989;
(2) issued or authorized to be issued in accordance
with the procedures set forth in or pursuant to any
authorization contained in any of the Omnibus Bond Acts;
and
(3) issued or authorized to be issued for any purpose
authorized by the laws of this State, are valid and legally
binding obligations of the governmental entity issuing
such instruments, payable in accordance with their terms.
(Source: P.A. 96-15, eff. 6-22-09; revised 9-2-16.)
Section 10. The Regulatory Sunset Act is amended by
changing Section 4.37 as follows:
(5 ILCS 80/4.37)
Sec. 4.37. Acts and Articles repealed on January 1, 2027.
The following Acts are repealed on January 1, 2027:
The Clinical Psychologist Licensing Act.
The Illinois Optometric Practice Act of 1987.
Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
The Boiler and Pressure Vessel Repairer Regulation Act.
(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
99-910, eff. 12-16-16; 99-911, eff. 12-16-16; revised 1-3-17.)
(5 ILCS 80/4.27 rep.)
Section 15. The Regulatory Sunset Act is amended by
repealing Section 4.27.
Section 20. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the
public body, including hearing testimony on a complaint
lodged against an employee of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the public
body is given power to remove the occupant under law or
ordinance.
(4) Evidence or testimony presented in open hearing, or
in closed hearing where specifically authorized by law, to
a quasi-adjudicative body, as defined in this Act, provided
that the body prepares and makes available for public
inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the purpose
of discussing whether a particular parcel should be
acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments, or
investment contracts. This exception shall not apply to the
investment of assets or income of funds deposited into the
Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to respond
to an actual, a threatened, or a reasonably potential
danger to the safety of employees, students, staff, the
public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public body
is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair housing
practices and creating a commission or administrative
agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a hospital,
or other institution providing medical care, that is
operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes as
mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances Act
during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
99-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff.
1-1-17; revised 9-21-16.)
Section 25. The Freedom of Information Act is amended by
changing Sections 7 and 7.5 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information.
The disclosure of information that bears on the public
duties of public employees and officials shall not be
considered an invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the extent
that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public
body that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections if those materials are available
in the library of the correctional facility where the
inmate is confined.
(e-6) Records requested by persons committed to the
Department of Corrections if those materials include
records from staff members' personnel files, staff
rosters, or other staffing assignment information.
(e-7) Records requested by persons committed to the
Department of Corrections if those materials are available
through an administrative request to the Department of
Corrections.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension fund,
from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as
a result of either investing or evaluating a potential
investment of public funds in a private equity fund. The
exemption contained in this item does not apply to the
aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company
within the investment portfolio of a private equity fund,
unless the disclosure of the identity of a privately held
company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by news
media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including but not limited to power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication of
employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including but
not limited to software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to be
used to create electronic or digital signatures under the
Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, or to
tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power Agency
Act and Section 16-111.5 of the Public Utilities Act that
is determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to the
Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request to
the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
98-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
99-642, eff. 7-28-16; revised 10-25-16.)
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by wireless
carriers under the Wireless Emergency Telephone Safety
Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under Brian's Law.
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) (dd) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
8-19-16; revised 9-1-16.)
Section 30. The State Records Act is amended by changing
Section 2 as follows:
(5 ILCS 160/2) (from Ch. 116, par. 43.5)
Sec. 2. For the purposes of this Act:
"Secretary" means Secretary of State.
"Record" or "records" means all books, papers,
born-digital electronic material, digitized electronic
material, electronic material with a combination of digitized
and born-digital material, maps, photographs, databases, or
other official documentary materials, regardless of physical
form or characteristics, made, produced, executed, or received
by any agency in the State in pursuance of State state law or
in connection with the transaction of public business and
preserved or appropriate for preservation by that agency or its
successor as evidence of the organization, function, policies,
decisions, procedures, operations, or other activities of the
State or of the State Government, or because of the
informational data contained therein. Library and museum
material made or acquired and preserved solely for reference or
exhibition purposes, extra copies of documents preserved only
for convenience of reference, and stocks of publications and of
blank forms are not included within the definition of records
as used in this Act. Reports of impaired physicians under
Section 16.04 of the Medical Practice Act or Section 23 of the
Medical Practice Act of 1987 are not included within the
definition of records as used in this Act.
"Born-digital electronic material" means electronic
material created in digital form rather than converted from
print or analog form to digital form.
"Digitized electronic material" means electronic material
converted from print or analog form to digital form.
"Agency" means all parts, boards, and commissions of the
executive branch of the State government, including, but not
limited to, State colleges and universities and their governing
boards and all departments established by the "Civil
Administrative Code of Illinois," as heretofore or hereafter
amended.
"Public Officer" or "public officers" means all officers of
the executive branch of the State government, all officers
created by the "Civil Administrative Code of Illinois," as
heretofore or hereafter amended, and all other officers and
heads, presidents, or chairmen of boards, commissions, and
agencies of the State government.
"Commission" means the State Records Commission.
"Archivist" means the Secretary of State.
(Source: P.A. 99-147, eff. 1-1-16; revised 9-16-16.)
Section 35. The Illinois Notary Public Act is amended by
changing Section 2-106 as follows:
(5 ILCS 312/2-106) (from Ch. 102, par. 202-106)
Sec. 2-106. Appointment Recorded by County Clerk. The
appointment of the applicant as a notary public is complete
when the commission is recorded with the county clerk.
The Secretary of State shall forward the applicant's
commission to the county clerk of the county in which the
applicant resides or, if the applicant is a resident of a state
bordering Illinois, the county in Illinois in which the
applicant's principal place of work or principal place of
business is located. Upon receipt thereof, the county clerk
shall notify the applicant of the action taken by the Secretary
of State, and the applicant shall either appear at the county
clerk's office to record the same and receive the commission or
request by mail to have the commission sent to the applicant
with a specimen signature of the applicant attached to the
request. The applicant shall have a record of the appointment,
and the time when the commission will expire, entered in the
records of the office of the county clerk. When the applicant
appears before the county clerk, the applicant shall pay a fee
of $5, at which time the county clerk shall then deliver the
commission to the applicant.
If the appointment is completed by mail, the applicant
shall pay the county clerk a fee of $10.00, which shall be
submitted with the request to the county clerk. The county
clerk shall then record the appointment and send the commission
by mail to the applicant.
If an applicant does not respond to the notification by the
county clerk within 30 days, the county clerk shall again
notify the applicant that the county clerk has received the
applicant's notary public commission issued by the Secretary of
State. The second notice shall be in substantially the
following form:
"The records of this office indicate that you have not
picked up your notary public commission from the Office of
the County Clerk.
The Illinois Notary Public Law requires you to appear in
person in the clerk's office, record your commission, and
pay a fee of $5.00 to the county clerk or request that your
commission be mailed to you. This request must be
accompanied by a specimen of your signature and a $10.00
fee payable to the county clerk.
Your appointment as a notary is not complete until the
commission is recorded with the county clerk. Furthermore,
if you do not make arrangements with the clerk for
recording and delivery of your commission within 30 days
from the date of this letter, the county clerk will return
your commission to the Secretary of State. Your commission
will be cancelled and your name will be removed from the
list of notaries in the State of Illinois.
I should also like to remind you that any person who
attests to any document as a notary and is not a notary in
good standing with the Office of the Secretary of State is
guilty of official misconduct and may be subject to a fine
or imprisonment.".
The Secretary of State shall cancel the appointment of all
notaries whose commissions are returned to his office by the
county clerks. No application fee will be refunded and no
bonding company is required to issue a refund when an
appointment is cancelled.
(Source: P.A. 91-818, eff. 6-13-00; revised 9-16-16.)
Section 40. The Illinois Public Labor Relations Act is
amended by changing Sections 27 and 28 as follows:
(5 ILCS 315/27) (from Ch. 48, par. 1627)
Sec. 27. Except as provided in Section 18 of this Act
herein, the provisions of the Labor Dispute Act "An Act
relating to disputes concerning terms and conditions of
employment", approved June 19, 1925, as now or hereafter
amended, apply.
(Source: P.A. 83-1012; revised 9-16-16.)
(5 ILCS 315/28)
Sec. 28. Applicability of changes made by Public Act
97-1158 amendatory Act of the 97th General Assembly. Nothing in
Public Act 97-1158 this amendatory Act of the 97th General
Assembly applies to workers or consumers in the Home-Based Home
Based Support Services Program in the Department of Human
Services Division of Developmental Disabilities.
(Source: P.A. 97-1158, eff. 1-29-13; revised 9-16-16.)
Section 45. The State Employee Vacation Time Act is amended
by changing Section 1 as follows:
(5 ILCS 360/1) (from Ch. 127, par. 63b120.1)
Sec. 1. After the effective date of this Act, computation
of vacation time of former State employees re-entering State
service shall be determined as though all previous State
service which qualified for earning of vacation benefits is
continuous with present service.
For purposes of this Section, "State employee" means an
"employee" as that term is defined in Section 2 of the "State
Salary and Annuity Withholding Act".
(Source: P.A. 77-1823; revised 9-1-16.)
Section 50. The State Employee Prevailing Wage Act is
amended by changing Section 1 as follows:
(5 ILCS 370/1) (from Ch. 127, par. 391)
Sec. 1. Whenever any State officer, agency, or authority,
whether funded by State taxes or otherwise, employs an
individual in a capacity or position of such a character as
would be subject to rules or regulations of the Department of
Central Management Services requiring the payment of the
prevailing rate of wages to those holding such a position or
serving in such a capacity if that employment were subject to
the "Personnel Code", the State officer, agency, or authority
shall pay that individual at the prevailing rate,
notwithstanding the nonapplicability of the "Personnel Code".
(Source: P.A. 82-789; revised 9-16-16.)
Section 60. The Illinois Governmental Ethics Act is amended
by changing Section 3-202 as follows:
(5 ILCS 420/3-202) (from Ch. 127, par. 603-202)
Sec. 3-202. When a legislator must take official action on
a legislative matter as to which he has a conflict situation
created by a personal, family, or client legislative interest,
he should consider the possibility of eliminating the interest
creating the conflict situation. If that is not feasible, he
should consider the possibility of abstaining from such
official action. In making his decision as to abstention, the
following factors should be considered: ;
a. whether a substantial threat to his independence of
judgment has been created by the conflict situation;
b. the effect of his participation on public confidence
in the integrity of the legislature;
c. whether his participation is likely to have any
significant effect on the disposition of the matter;
d. the need for his particular contribution, such as
special knowledge of the subject matter, to the effective
functioning of the legislature.
He need not abstain if he decides to participate in a
manner contrary to the economic interest which creates the
conflict situation.
If he does abstain, he should disclose that fact to his
respective legislative body.
(Source: Laws 1967, p. 3401; revised 10-26-16.)
Section 65. The Flag Display Act is amended by changing
Section 10 as follows:
(5 ILCS 465/10)
Sec. 10. Death of resident military member, law enforcement
officer, firefighter, or members of EMS crews.
(a) The Governor shall issue an official notice to fly the
following flags at half-staff upon the death of a resident of
this State killed (i) by hostile fire as a member of the United
States armed forces, (ii) in the line of duty as a law
enforcement officer, (iii) in the line of duty as a
firefighter, or (iv) in the line of duty as a member of an
Emergency Medical Services (EMS) crew, ; or (v) during on duty
training for active military duty: the United States national
flag, the State flag of Illinois, and, in the case of the death
of the member of the United States armed forces, the
appropriate military flag as defined in subsection (b) of
Section 18.6 of the Condominium Property Act. Upon the
Governor's notice, each person or entity required by this Act
to ensure the display of the United States national flag on a
flagstaff shall ensure that the flags described in the notice
are displayed at half-staff on the day designated for the
resident's funeral and the 2 days preceding that day.
(b) The Department of Veterans' Affairs shall notify the
Governor of the death by hostile fire of an Illinois resident
member of the United States armed forces. The Department of
State Police shall notify the Governor of the death in the line
of duty of an Illinois resident law enforcement officer. The
Office of the State Fire Marshal shall notify the Governor of
the death in the line of duty of an Illinois resident
firefighter. The Department of Public Health shall notify the
Governor of the death in the line of duty of an Illinois
resident member of an Emergency Medical Services (EMS) crew.
Notice to the Governor shall include at least the resident's
name and Illinois address, the date designated for the funeral,
and the circumstances of the death.
(c) For the purpose of this Section, the United States
armed forces includes: (i) the United States Army, Navy, Marine
Corps, Air Force, and Coast Guard; (ii) any reserve component
of each of the forces listed in item (i); and (iii) the
National Guard.
(d) Nothing in this Section requires the removal or
relocation of any existing flags currently displayed in the
State. This Section does not apply to a State facility if the
requirements of this Section cannot be satisfied without a
physical modification to that facility.
(Source: P.A. 98-234, eff. 1-1-14; 99-372, eff. 1-1-16; revised
1-24-17.)
Section 70. The Election Code is amended by changing
Sections 3-6, 4-8.5, 5-8.5, 6-35.5, 7-8, 18A-5, 20-5, 20-13,
and 24A-15.1 as follows:
(10 ILCS 5/3-6)
Sec. 3-6. Voting age. Notwithstanding any other provision
of law, a person who is 17 years old on the date of a caucus,
general primary election, or consolidated primary election and
who is otherwise qualified to vote is qualified to vote at that
caucus, general primary, or consolidated primary, including
voting a vote by mail, grace period, or early voting ballot
with respect to that general primary or consolidated primary,
if that person will be 18 years old on the date of the
immediately following general election or consolidated
election for which candidates are nominated at that primary.
References in this Code and elsewhere to the requirement
that a person must be 18 years old to vote shall be interpreted
in accordance with this Section.
For the purposes of this Code Act, an individual who is 17
years of age and who will be 18 years of age on the date of the
general or consolidated election shall be deemed competent to
execute and attest to any voter registration forms. An
individual who is 17 years of age, will be 18 years of age on
the date of the immediately following general or consolidated
election, and is otherwise qualified to vote shall be deemed
eligible to circulate a nominating petition or a petition
proposing a public question.
(Source: P.A. 98-51, eff. 1-1-14; 98-1171, eff. 6-1-15; 99-722,
eff. 8-5-16; revised 10-25-16.)
(10 ILCS 5/4-8.5)
Sec. 4-8.5. Deputy registrar eligibility. Unless otherwise
provided by law, an individual who that is 17 years old or
older who is registered to vote in this State shall be eligible
to serve as a deputy registrar.
(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
(10 ILCS 5/5-8.5)
Sec. 5-8.5. Deputy registrar eligibility. Unless otherwise
provided by law, an individual who that is 17 years old or
older who is registered to vote in this State shall be eligible
to serve as a deputy registrar.
(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
(10 ILCS 5/6-35.5)
Sec. 6-35.5. Deputy registrar eligibility. Unless
otherwise provided by law, an individual who that is 17 years
old or older who is registered to vote in this State shall be
eligible to serve as a deputy registrar.
(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
(10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
Sec. 7-8. The State central committee shall be composed of
one or two members from each congressional district in the
State and shall be elected as follows:
State Central Committee
(a) Within 30 days after January 1, 1984 (the effective
date of Public Act 83-33), this amendatory Act of 1983 the
State central committee of each political party shall certify
to the State Board of Elections which of the following
alternatives it wishes to apply to the State central committee
of that party.
Alternative A. At the primary in 1970 and at the general
primary election held every 4 years thereafter, each primary
elector may vote for one candidate of his party for member of
the State central committee for the congressional district in
which he resides. The candidate receiving the highest number of
votes shall be declared elected State central committeeman from
the district. A political party may, in lieu of the foregoing,
by a majority vote of delegates at any State convention of such
party, determine to thereafter elect the State central
committeemen in the manner following:
At the county convention held by such political party,
State central committeemen shall be elected in the same manner
as provided in this Article for the election of officers of the
county central committee, and such election shall follow the
election of officers of the county central committee. Each
elected ward, township or precinct committeeman shall cast as
his vote one vote for each ballot voted in his ward, township,
part of a township or precinct in the last preceding primary
election of his political party. In the case of a county lying
partially within one congressional district and partially
within another congressional district, each ward, township or
precinct committeeman shall vote only with respect to the
congressional district in which his ward, township, part of a
township or precinct is located. In the case of a congressional
district which encompasses more than one county, each ward,
township or precinct committeeman residing within the
congressional district shall cast as his vote one vote for each
ballot voted in his ward, township, part of a township or
precinct in the last preceding primary election of his
political party for one candidate of his party for member of
the State central committee for the congressional district in
which he resides and the Chairman of the county central
committee shall report the results of the election to the State
Board of Elections. The State Board of Elections shall certify
the candidate receiving the highest number of votes elected
State central committeeman for that congressional district.
The State central committee shall adopt rules to provide
for and govern the procedures to be followed in the election of
members of the State central committee.
After August 6, 1999 (the effective date of Public Act
91-426) this amendatory Act of the 91st General Assembly,
whenever a vacancy occurs in the office of Chairman of a State
central committee, or at the end of the term of office of
Chairman, the State central committee of each political party
that has selected Alternative A shall elect a Chairman who
shall not be required to be a member of the State Central
Committee. The Chairman shall be a registered voter in this
State and of the same political party as the State central
committee.
Alternative B. Each congressional committee shall, within
30 days after the adoption of this alternative, appoint a
person of the sex opposite that of the incumbent member for
that congressional district to serve as an additional member of
the State central committee until his or her successor is
elected at the general primary election in 1986. Each
congressional committee shall make this appointment by voting
on the basis set forth in paragraph (e) of this Section. In
each congressional district at the general primary election
held in 1986 and every 4 years thereafter, the male candidate
receiving the highest number of votes of the party's male
candidates for State central committeeman, and the female
candidate receiving the highest number of votes of the party's
female candidates for State central committeewoman, shall be
declared elected State central committeeman and State central
committeewoman from the district. At the general primary
election held in 1986 and every 4 years thereafter, if all a
party's candidates for State central committeemen or State
central committeewomen from a congressional district are of the
same sex, the candidate receiving the highest number of votes
shall be declared elected a State central committeeman or State
central committeewoman from the district, and, because of a
failure to elect one male and one female to the committee, a
vacancy shall be declared to exist in the office of the second
member of the State central committee from the district. This
vacancy shall be filled by appointment by the congressional
committee of the political party, and the person appointed to
fill the vacancy shall be a resident of the congressional
district and of the sex opposite that of the committeeman or
committeewoman elected at the general primary election. Each
congressional committee shall make this appointment by voting
on the basis set forth in paragraph (e) of this Section.
The Chairman of a State central committee composed as
provided in this Alternative B must be selected from the
committee's members.
Except as provided for in Alternative A with respect to the
selection of the Chairman of the State central committee, under
both of the foregoing alternatives, the State central committee
of each political party shall be composed of members elected or
appointed from the several congressional districts of the
State, and of no other person or persons whomsoever. The
members of the State central committee shall, within 41 days
after each quadrennial election of the full committee, meet in
the city of Springfield and organize by electing a chairman,
and may at such time elect such officers from among their own
number (or otherwise), as they may deem necessary or expedient.
The outgoing chairman of the State central committee of the
party shall, 10 days before the meeting, notify each member of
the State central committee elected at the primary of the time
and place of such meeting. In the organization and proceedings
of the State central committee, each State central committeeman
and State central committeewoman shall have one vote for each
ballot voted in his or her congressional district by the
primary electors of his or her party at the primary election
immediately preceding the meeting of the State central
committee. Whenever a vacancy occurs in the State central
committee of any political party, the vacancy shall be filled
by appointment of the chairmen of the county central committees
of the political party of the counties located within the
congressional district in which the vacancy occurs and, if
applicable, the ward and township committeemen of the political
party in counties of 2,000,000 or more inhabitants located
within the congressional district. If the congressional
district in which the vacancy occurs lies wholly within a
county of 2,000,000 or more inhabitants, the ward and township
committeemen of the political party in that congressional
district shall vote to fill the vacancy. In voting to fill the
vacancy, each chairman of a county central committee and each
ward and township committeeman in counties of 2,000,000 or more
inhabitants shall have one vote for each ballot voted in each
precinct of the congressional district in which the vacancy
exists of his or her county, township, or ward cast by the
primary electors of his or her party at the primary election
immediately preceding the meeting to fill the vacancy in the
State central committee. The person appointed to fill the
vacancy shall be a resident of the congressional district in
which the vacancy occurs, shall be a qualified voter, and, in a
committee composed as provided in Alternative B, shall be of
the same sex as his or her predecessor. A political party may,
by a majority vote of the delegates of any State convention of
such party, determine to return to the election of State
central committeeman and State central committeewoman by the
vote of primary electors. Any action taken by a political party
at a State convention in accordance with this Section shall be
reported to the State Board of Elections by the chairman and
secretary of such convention within 10 days after such action.
Ward, Township and Precinct Committeemen
(b) At the primary in 1972 and at the general primary
election every 4 years thereafter, each primary elector in
cities having a population of 200,000 or over may vote for one
candidate of his party in his ward for ward committeeman. Each
candidate for ward committeeman must be a resident of and in
the ward where he seeks to be elected ward committeeman. The
one having the highest number of votes shall be such ward
committeeman of such party for such ward. At the primary
election in 1970 and at the general primary election every 4
years thereafter, each primary elector in counties containing a
population of 2,000,000 or more, outside of cities containing a
population of 200,000 or more, may vote for one candidate of
his party for township committeeman. Each candidate for
township committeeman must be a resident of and in the township
or part of a township (which lies outside of a city having a
population of 200,000 or more, in counties containing a
population of 2,000,000 or more), and in which township or part
of a township he seeks to be elected township committeeman. The
one having the highest number of votes shall be such township
committeeman of such party for such township or part of a
township. At the primary in 1970 and at the general primary
election every 2 years thereafter, each primary elector, except
in counties having a population of 2,000,000 or over, may vote
for one candidate of his party in his precinct for precinct
committeeman. Each candidate for precinct committeeman must be
a bona fide resident of the precinct where he seeks to be
elected precinct committeeman. The one having the highest
number of votes shall be such precinct committeeman of such
party for such precinct. The official returns of the primary
shall show the name of the committeeman of each political
party.
Terms of Committeemen. All precinct committeemen elected
under the provisions of this Article shall continue as such
committeemen until the date of the primary to be held in the
second year after their election. Except as otherwise provided
in this Section for certain State central committeemen who have
2 year terms, all State central committeemen, township
committeemen and ward committeemen shall continue as such
committeemen until the date of primary to be held in the fourth
year after their election. However, a vacancy exists in the
office of precinct committeeman when a precinct committeeman
ceases to reside in the precinct in which he was elected and
such precinct committeeman shall thereafter neither have nor
exercise any rights, powers or duties as committeeman in that
precinct, even if a successor has not been elected or
appointed.
(c) The Multi-Township Central Committee shall consist of
the precinct committeemen of such party, in the multi-township
assessing district formed pursuant to Section 2-10 of the
Property Tax Code and shall be organized for the purposes set
forth in Section 45-25 of the Township Code. In the
organization and proceedings of the Multi-Township Central
Committee each precinct committeeman shall have one vote for
each ballot voted in his precinct by the primary electors of
his party at the primary at which he was elected.
County Central Committee
(d) The county central committee of each political party in
each county shall consist of the various township committeemen,
precinct committeemen and ward committeemen, if any, of such
party in the county. In the organization and proceedings of the
county central committee, each precinct committeeman shall
have one vote for each ballot voted in his precinct by the
primary electors of his party at the primary at which he was
elected; each township committeeman shall have one vote for
each ballot voted in his township or part of a township as the
case may be by the primary electors of his party at the primary
election for the nomination of candidates for election to the
General Assembly immediately preceding the meeting of the
county central committee; and in the organization and
proceedings of the county central committee, each ward
committeeman shall have one vote for each ballot voted in his
ward by the primary electors of his party at the primary
election for the nomination of candidates for election to the
General Assembly immediately preceding the meeting of the
county central committee.
Cook County Board of Review Election District Committee
(d-1) Each board of review election district committee of
each political party in Cook County shall consist of the
various township committeemen and ward committeemen, if any, of
that party in the portions of the county composing the board of
review election district. In the organization and proceedings
of each of the 3 election district committees, each township
committeeman shall have one vote for each ballot voted in his
or her township or part of a township, as the case may be, by
the primary electors of his or her party at the primary
election immediately preceding the meeting of the board of
review election district committee; and in the organization and
proceedings of each of the 3 election district committees, each
ward committeeman shall have one vote for each ballot voted in
his or her ward or part of that ward, as the case may be, by the
primary electors of his or her party at the primary election
immediately preceding the meeting of the board of review
election district committee.
Congressional Committee
(e) The congressional committee of each party in each
congressional district shall be composed of the chairmen of the
county central committees of the counties composing the
congressional district, except that in congressional districts
wholly within the territorial limits of one county, the
precinct committeemen, township committeemen and ward
committeemen, if any, of the party representing the precincts
within the limits of the congressional district, shall compose
the congressional committee. A State central committeeman in
each district shall be a member and the chairman or, when a
district has 2 State central committeemen, a co-chairman of the
congressional committee, but shall not have the right to vote
except in case of a tie.
In the organization and proceedings of congressional
committees composed of precinct committeemen or township
committeemen or ward committeemen, or any combination thereof,
each precinct committeeman shall have one vote for each ballot
voted in his precinct by the primary electors of his party at
the primary at which he was elected, each township committeeman
shall have one vote for each ballot voted in his township or
part of a township as the case may be by the primary electors
of his party at the primary election immediately preceding the
meeting of the congressional committee, and each ward
committeeman shall have one vote for each ballot voted in each
precinct of his ward located in such congressional district by
the primary electors of his party at the primary election
immediately preceding the meeting of the congressional
committee; and in the organization and proceedings of
congressional committees composed of the chairmen of the county
central committees of the counties within such district, each
chairman of such county central committee shall have one vote
for each ballot voted in his county by the primary electors of
his party at the primary election immediately preceding the
meeting of the congressional committee.
Judicial District Committee
(f) The judicial district committee of each political party
in each judicial district shall be composed of the chairman of
the county central committees of the counties composing the
judicial district.
In the organization and proceedings of judicial district
committees composed of the chairmen of the county central
committees of the counties within such district, each chairman
of such county central committee shall have one vote for each
ballot voted in his county by the primary electors of his party
at the primary election immediately preceding the meeting of
the judicial district committee.
Circuit Court Committee
(g) The circuit court committee of each political party in
each judicial circuit outside Cook County shall be composed of
the chairmen of the county central committees of the counties
composing the judicial circuit.
In the organization and proceedings of circuit court
committees, each chairman of a county central committee shall
have one vote for each ballot voted in his county by the
primary electors of his party at the primary election
immediately preceding the meeting of the circuit court
committee.
Judicial Subcircuit Committee
(g-1) The judicial subcircuit committee of each political
party in each judicial subcircuit in a judicial circuit divided
into subcircuits shall be composed of (i) the ward and township
committeemen of the townships and wards composing the judicial
subcircuit in Cook County and (ii) the precinct committeemen of
the precincts composing the judicial subcircuit in any county
other than Cook County.
In the organization and proceedings of each judicial
subcircuit committee, each township committeeman shall have
one vote for each ballot voted in his township or part of a
township, as the case may be, in the judicial subcircuit by the
primary electors of his party at the primary election
immediately preceding the meeting of the judicial subcircuit
committee; each precinct committeeman shall have one vote for
each ballot voted in his precinct or part of a precinct, as the
case may be, in the judicial subcircuit by the primary electors
of his party at the primary election immediately preceding the
meeting of the judicial subcircuit committee; and each ward
committeeman shall have one vote for each ballot voted in his
ward or part of a ward, as the case may be, in the judicial
subcircuit by the primary electors of his party at the primary
election immediately preceding the meeting of the judicial
subcircuit committee.
Municipal Central Committee
(h) The municipal central committee of each political party
shall be composed of the precinct, township or ward
committeemen, as the case may be, of such party representing
the precincts or wards, embraced in such city, incorporated
town or village. The voting strength of each precinct, township
or ward committeeman on the municipal central committee shall
be the same as his voting strength on the county central
committee.
For political parties, other than a statewide political
party, established only within a municipality or township, the
municipal or township managing committee shall be composed of
the party officers of the local established party. The party
officers of a local established party shall be as follows: the
chairman and secretary of the caucus for those municipalities
and townships authorized by statute to nominate candidates by
caucus shall serve as party officers for the purpose of filling
vacancies in nomination under Section 7-61; for municipalities
and townships authorized by statute or ordinance to nominate
candidates by petition and primary election, the party officers
shall be the party's candidates who are nominated at the
primary. If no party primary was held because of the provisions
of Section 7-5, vacancies in nomination shall be filled by the
party's remaining candidates who shall serve as the party's
officers.
Powers
(i) Each committee and its officers shall have the powers
usually exercised by such committees and by the officers
thereof, not inconsistent with the provisions of this Article.
The several committees herein provided for shall not have power
to delegate any of their powers, or functions to any other
person, officer or committee, but this shall not be construed
to prevent a committee from appointing from its own membership
proper and necessary subcommittees.
(j) The State central committee of a political party which
elects its it members by Alternative B under paragraph (a) of
this Section shall adopt a plan to give effect to the delegate
selection rules of the national political party and file a copy
of such plan with the State Board of Elections when approved by
a national political party.
(k) For the purpose of the designation of a proxy by a
Congressional Committee to vote in place of an absent State
central committeeman or committeewoman at meetings of the State
central committee of a political party which elects its members
by Alternative B under paragraph (a) of this Section, the proxy
shall be appointed by the vote of the ward and township
committeemen, if any, of the wards and townships which lie
entirely or partially within the Congressional District from
which the absent State central committeeman or committeewoman
was elected and the vote of the chairmen of the county central
committees of those counties which lie entirely or partially
within that Congressional District and in which there are no
ward or township committeemen. When voting for such proxy, the
county chairman, ward committeeman or township committeeman,
as the case may be, shall have one vote for each ballot voted
in his county, ward or township, or portion thereof within the
Congressional District, by the primary electors of his party at
the primary at which he was elected. However, the absent State
central committeeman or committeewoman may designate a proxy
when permitted by the rules of a political party which elects
its members by Alternative B under paragraph (a) of this
Section.
Notwithstanding any law to the contrary, a person is
ineligible to hold the position of committeeperson in any
committee established pursuant to this Section if he or she is
statutorily ineligible to vote in a general election because of
conviction of a felony. When a committeeperson is convicted of
a felony, the position occupied by that committeeperson shall
automatically become vacant.
(Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-699,
eff. 11-9-07; revised 9-6-16.)
(10 ILCS 5/18A-5)
Sec. 18A-5. Provisional voting; general provisions.
(a) A person who claims to be a registered voter is
entitled to cast a provisional ballot under the following
circumstances:
(1) The person's name does not appear on the official
list of eligible voters for the precinct in which the
person seeks to vote and the person has refused an
opportunity to register at the polling location or another
grace period registration site. The official list is the
centralized statewide voter registration list established
and maintained in accordance with Section 1A-25;
(2) The person's voting status has been challenged by
an election judge, a pollwatcher, or any legal voter and
that challenge has been sustained by a majority of the
election judges;
(3) A federal or State court order extends the time for
closing the polls beyond the time period established by
State law and the person votes during the extended time
period;
(4) The voter registered to vote by mail and is
required by law to present identification when voting
either in person or by early voting ballot, but fails to do
so;
(5) The voter's name appears on the list of voters who
voted during the early voting period, but the voter claims
not to have voted during the early voting period; or
(6) The voter received a vote by mail ballot but did
not return the vote by mail ballot to the election
authority; or
(7) The voter attempted to register to vote on election
day, but failed to provide the necessary documentation.
(b) The procedure for obtaining and casting a provisional
ballot at the polling place shall be as follows:
(1) After first verifying through an examination of the
precinct register that the person's address is within the
precinct boundaries, an election judge at the polling place
shall notify a person who is entitled to cast a provisional
ballot pursuant to subsection (a) that he or she may cast a
provisional ballot in that election. An election judge must
accept any information provided by a person who casts a
provisional ballot that the person believes supports his or
her claim that he or she is a duly registered voter and
qualified to vote in the election. However, if the person's
residence address is outside the precinct boundaries, the
election judge shall inform the person of that fact, give
the person the appropriate telephone number of the election
authority in order to locate the polling place assigned to
serve that address, and instruct the person to go to the
proper polling place to vote.
(2) The person shall execute a written form provided by
the election judge that shall state or contain all of the
following that is available:
(i) an affidavit stating the following:
State of Illinois, County of ................,
Township ............., Precinct ........, Ward
........, I, ......................., do solemnly
swear (or affirm) that: I am a citizen of the
United States; I am 18 years of age or older; I
have resided in this State and in this precinct for
30 days preceding this election; I have not voted
in this election; I am a duly registered voter in
every respect; and I am eligible to vote in this
election. Signature ...... Printed Name of Voter
....... Printed Residence Address of Voter ......
City ...... State .... Zip Code ..... Telephone
Number ...... Date of Birth ....... and Illinois
Driver's License Number ....... or Last 4 digits of
Social Security Number ...... or State
Identification Card Number issued to you by the
Illinois Secretary of State ........
(ii) A box for the election judge to check one of
the 6 reasons why the person was given a provisional
ballot under subsection (a) of this Section 18A-5.
(iii) An area for the election judge to affix his
or her signature and to set forth any facts that
support or oppose the allegation that the person is not
qualified to vote in the precinct in which the person
is seeking to vote.
The written affidavit form described in this
subsection (b)(2) must be printed on a multi-part form
prescribed by the county clerk or board of election
commissioners, as the case may be.
(3) After the person executes the portion of the
written affidavit described in subsection (b)(2)(i) of
this Section, the election judge shall complete the portion
of the written affidavit described in subsection
(b)(2)(iii) and (b)(2)(iv).
(4) The election judge shall give a copy of the
completed written affidavit to the person. The election
judge shall place the original written affidavit in a
self-adhesive clear plastic packing list envelope that
must be attached to a separate envelope marked as a
"provisional ballot envelope". The election judge shall
also place any information provided by the person who casts
a provisional ballot in the clear plastic packing list
envelope. Each county clerk or board of election
commissioners, as the case may be, must design, obtain or
procure self-adhesive clear plastic packing list envelopes
and provisional ballot envelopes that are suitable for
implementing this subsection (b)(4) of this Section.
(5) The election judge shall provide the person with a
provisional ballot, written instructions for casting a
provisional ballot, and the provisional ballot envelope
with the clear plastic packing list envelope affixed to it,
which contains the person's original written affidavit
and, if any, information provided by the provisional voter
to support his or her claim that he or she is a duly
registered voter. An election judge must also give the
person written information that states that any person who
casts a provisional ballot shall be able to ascertain,
pursuant to guidelines established by the State Board of
Elections, whether the provisional vote was counted in the
official canvass of votes for that election and, if the
provisional vote was not counted, the reason that the vote
was not counted.
(6) After the person has completed marking his or her
provisional ballot, he or she shall place the marked ballot
inside of the provisional ballot envelope, close and seal
the envelope, and return the envelope to an election judge,
who shall then deposit the sealed provisional ballot
envelope into a securable container separately identified
and utilized for containing sealed provisional ballot
envelopes. Ballots that are provisional because they are
cast after 7:00 p.m. by court order shall be kept separate
from other provisional ballots. Upon the closing of the
polls, the securable container shall be sealed with
filament tape provided for that purpose, which shall be
wrapped around the box lengthwise and crosswise, at least
twice each way, and each of the election judges shall sign
the seal.
(c) Instead of the affidavit form described in subsection
(b), the county clerk or board of election commissioners, as
the case may be, may design and use a multi-part affidavit form
that is imprinted upon or attached to the provisional ballot
envelope described in subsection (b). If a county clerk or
board of election commissioners elects to design and use its
own multi-part affidavit form, then the county clerk or board
of election commissioners shall establish a mechanism for
accepting any information the provisional voter has supplied to
the election judge to support his or her claim that he or she
is a duly registered voter. In all other respects, a county
clerk or board of election commissioners shall establish
procedures consistent with subsection (b).
(d) The county clerk or board of election commissioners, as
the case may be, shall use the completed affidavit form
described in subsection (b) to update the person's voter
registration information in the State voter registration
database and voter registration database of the county clerk or
board of election commissioners, as the case may be. If a
person is later determined not to be a registered voter based
on Section 18A-15 of this Code, then the affidavit shall be
processed by the county clerk or board of election
commissioners, as the case may be, as a voter registration
application.
(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14;
98-1171, eff. 6-1-15; revised 9-2-16.)
(10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
Sec. 20-5. The election authority shall fold the ballot or
ballots in the manner specified by the statute for folding
ballots prior to their deposit in the ballot box and shall
enclose such ballot in an envelope unsealed to be furnished by
it, which envelope shall bear upon the face thereof the name,
official title and post office address of the election
authority, and upon the other side of such envelope there shall
be printed a certification in substantially the following form:
"CERTIFICATION
I state that I am a resident/former resident of the .......
precinct of the city/village/township of ............,
(Designation to be made by Election Authority) or of the ....
ward in the city of ........... (Designation to be made by
Election Authority) residing at ................ in said
city/village/township in the county of ........... and State of
Illinois; that I am a
1. ( ) member of the United States Service
2. ( ) citizen of the United States temporarily residing
outside the territorial limits of the United States
3. ( ) nonresident civilian citizen
and desire to cast the enclosed ballot pursuant to Article 20
of the The Election Code; that I am lawfully entitled to vote
in such precinct at the ........... election to be held on
............
I further state that I marked the enclosed ballot in
secret.
Under penalties as provided by law pursuant to Article 29
of the The Election Code, the undersigned certifies that the
statements set forth in this certification are true and
correct.
...............(Name)
.....................
(Service Address)
"
.....................
.....................
.....................
"
If the ballot enclosed is to be voted at a primary
election, the certification shall designate the name of the
political party with which the voter is affiliated.
In addition to the above, the election authority shall
provide printed slips giving full instructions regarding the
manner of completing the forms and affidavits for registration
by mail or the manner of marking and returning the ballot in
order that the same may be counted, and shall furnish one of
the printed slips to each of the applicants at the same time
the registration materials or ballot is delivered to him.
In addition to the above, if a ballot to be provided to an
elector pursuant to this Section contains a public question
described in subsection (b) of Section 28-6 and the territory
concerning which the question is to be submitted is not
described on the ballot due to the space limitations of such
ballot, the election authority shall provide a printed copy of
a notice of the public question, which shall include a
description of the territory in the manner required by Section
16-7. The notice shall be furnished to the elector at the same
time the ballot is delivered to the elector.
The envelope in which such registration or such ballot is
mailed to the voter as well as the envelope in which the
registration materials or the ballot is returned by the voter
shall have printed across the face thereof two parallel
horizontal red bars, each one-quarter inch wide, extending from
one side of the envelope to the other side, with an intervening
space of one-quarter inch, the top bar to be one and
one-quarter inches from the top of the envelope, and with the
words "Official Election Balloting Material-VIA AIR MAIL"
between the bars. In the upper right corner of such envelope in
a box, there shall be printed the words: "U.S. Postage Paid 42
USC 1973". All printing on the face of such envelopes shall be
in red, including an appropriate inscription or blank in the
upper left corner of return address of sender.
The envelope in which the ballot is returned to the
election authority may be delivered (i) by mail, postage paid,
(ii) in person, by the spouse, parent, child, brother, or
sister of the voter, or (iii) by a company engaged in the
business of making deliveries of property and licensed as a
motor carrier of property by the Illinois Commerce Commission
under the Illinois Commercial Transportation Law.
Election authorities transmitting ballots by facsimile or
electronic transmission shall, to the extent possible, provide
those applicants with the same instructions, certification,
and other materials required when sending by mail.
(Source: P.A. 98-1171, eff. 6-1-15; revised 10-25-16.)
(10 ILCS 5/20-13) (from Ch. 46, par. 20-13)
Sec. 20-13. If otherwise qualified to vote, any person not
covered by Section Sections 20-2, 20-2.1, or 20-2.2 of this
Article who is not registered to vote and who is temporarily
absent from his county of residence, may make special
application to the election authority having jurisdiction over
his precinct of permanent residence, not less than 5 days
before a presidential election, for a vote by mail ballot to
vote for the president and vice-president only. Such
application shall be furnished by the election authority and
shall be in substantially the following form:
SPECIAL VOTE BY MAIL BALLOT APPLICATION (For use by
non-registered Illinois residents temporarily absent from the
county to vote for the president and vice-president only)
AFFIDAVIT
1. I hereby request a vote by mail ballot to vote for the
president and vice-president only ......... (insert date of
general election)
2. I am a citizen of the United States and a permanent
resident of Illinois.
3. I have maintained, and still maintain, a permanent abode
in Illinois for the past .......... years at: ..........
(House) .......... (Number) .......... (Street) ..........
(City) .......... (Village) .......... (Town)
4. I will not be able to regularly register in person as a
voter because .................... (Give reason for temporary
absence such as "Student", "Temporary job transfer", etc.)
5. I was born .......... (Month) .......... (Day)
.......... (Year) in .................... (State or County);
6. To be filled in only by a person who is foreign-born (If
answer is "yes" in either a. or b. below, fill in appropriate
information in c.):
a. One or both of my parents were United States citizens at
the time of my birth?
(
) YES ( ) NO )
b. My United States citizenship was derived through an act
of the Congress of the United States?
(
) YES ( ) NO
c. The name of the court issuing papers and the date
thereof upon which my United States citizenship was derived is
.................... located in .......... (City) ..........
(State) on .......... (Month) .......... (Day) ..........
(Year)
(For persons who derived citizenship through papers issued
through a parent or spouse, fill in the following)
(1) My parents or spouse's name is:
......... (First) .......... (Middle) .......... (Last)
(2) ........ (Month) .......... (Day) .......... (Year)
is the date of my marriage or my age at which time I
derived my citizenship.
7. I am not registered as a voter in any other county in
the State of Illinois or in any other State.
8. I am not requesting a ballot from any other place and am
not voting in any other manner in this election and I have not
voted and do not intend to vote in this election at any other
address. I request that you mail my ballot to the following
address:
(Print name and complete mailing address)
.........................................
.........................................
.........................................
9. Under penalties as provided by law pursuant to Article
29 of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
......................
Signature of Applicant
The procedures set forth in Sections 20-4 through 20-12 of
this Article, insofar as they may be made applicable, shall be
applicable to vote by mail voting under this Section.
(Source: P.A. 98-1171, eff. 6-1-15; revised 9-6-16.)
(10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
Sec. 24A-15.1. Except as herein provided, discovery
recounts and election contests shall be conducted as otherwise
provided for in this "The Election Code", as amended. The
automatic tabulating equipment shall be tested prior to the
discovery recount or election contest as provided in Section
24A-9, and then the official ballots or ballot cards shall be
recounted on the automatic tabulating equipment. In addition,
(1) the ballot or ballot cards shall be checked for the
presence or absence of judges' initials and other
distinguishing marks, and (2) the ballots marked "Rejected",
"Defective", "Objected to", "Vote by Mail Ballot", and "Early
Ballot" shall be examined to determine the propriety of the
labels, and (3) the "Duplicate Vote by Mail Ballots",
"Duplicate Early Ballots", "Duplicate Overvoted Ballots", and
"Duplicate Damaged Ballots" shall be compared with their
respective originals to determine the correctness of the
duplicates.
Any person who has filed a petition for discovery recount
may request that a redundant count be conducted in those
precincts in which the discovery recount is being conducted.
The additional costs of such a redundant count shall be borne
by the requesting party.
The log of the computer operator and all materials retained
by the election authority in relation to vote tabulation and
canvass shall be made available for any discovery recount or
election contest.
(Source: P.A. 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15;
revised 9-2-16.)
Section 75. The State Budget Law of the Civil
Administrative Code of Illinois is amended by changing Section
50-15 as follows:
(15 ILCS 20/50-15) (was 15 ILCS 20/38.2)
Sec. 50-15. Department accountability reports.
(a) Beginning in the fiscal year which begins July 1, 1992,
each department of State government as listed in Section 5-15
of the Departments of State Government Law (20 ILCS 5/5-15)
shall submit an annual accountability report to the Bureau of
the Budget (now Governor's Office of Management and Budget) at
times designated by the Director of the Bureau of the Budget
(now Governor's Office of Management and Budget). Each
accountability report shall be designed to assist the Bureau
(now Office) in its duties under Sections 2.2 and 2.3 of the
Governor's Office of Management and Budget Act and shall
measure the department's performance based on criteria, goals,
and objectives established by the department with the oversight
and assistance of the Bureau (now Office). Each department
shall also submit interim progress reports at times designated
by the Director of the Bureau (now Office).
(b) (Blank).
(c) The Director of the Bureau (now Office) shall select
not more than 3 departments for a pilot program implementing
the procedures of subsection (a) for budget requests for the
fiscal years beginning July 1, 1990 and July 1, 1991, and each
of the departments elected shall submit accountability reports
for those fiscal years.
By April 1, 1991, the Bureau (now Office) shall recommend
in writing to the Governor any changes in the budget review
process established pursuant to this Section suggested by its
evaluation of the pilot program. The Governor shall submit
changes to the budget review process that the Governor plans to
adopt, based on the report, to the President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives.
(Source: P.A. 94-793, eff. 5-19-06; revised 9-19-16.)
Section 80. The Secretary of State Act is amended by
changing Section 6 as follows:
(15 ILCS 305/6) (from Ch. 124, par. 6)
Sec. 6. The Secretary of State shall keep a current file,
in alphabetical order, of every sanitary district in the State.
Whenever an ordinance for a name change is passed pursuant to
Section 4.1 of the "Sanitary District Act of 1917, as now or
hereafter amended, he shall make the certification required by
that Section.
(Source: P.A. 80-424; revised 9-19-16.)
Section 85. The Illinois Identification Card Act is amended
by changing Sections 1A, 5, and 12 as follows:
(15 ILCS 335/1A)
Sec. 1A. Definitions. As used in this Act:
"Highly restricted personal information" means an
individual's photograph, signature, social security number,
and medical or disability information.
"Identification card making implement" means any material,
hardware, or software that is specifically designed for or
primarily used in the manufacture, assembly, issuance, or
authentication of an official identification card issued by the
Secretary of State.
"Fraudulent identification card" means any identification
card that purports to be an official identification card for
which a computerized number and file have not been created by
the Secretary of State, the United States Government or any
state or political subdivision thereof, or any governmental or
quasi-governmental organization. For the purpose of this Act,
any identification card that resembles an official
identification card in either size, color, photograph
location, or design or uses the word "official", "state",
"Illinois", or the name of any other state or political
subdivision thereof, or any governmental or quasi-governmental
organization individually or in any combination thereof to
describe or modify the term "identification card" or "I.D.
card" anywhere on the card, or uses a shape in the likeness of
Illinois or any other state on the photograph side of the card,
is deemed to be a fraudulent identification card unless the
words "This is not an official Identification Card", appear
prominently upon it in black colored lettering in 12-point 12
point type on the photograph side of the card, and no such card
shall be smaller in size than 3 inches by 4 inches, and the
photograph shall be on the left side of the card only.
"Legal name" means the full given name and surname of an
individual as recorded at birth, recorded at marriage, or
deemed as the correct legal name for use in reporting income by
the Social Security Administration or the name as otherwise
established through legal action that appears on the associated
official document presented to the Secretary of State.
"Personally identifying information" means information
that identifies an individual, including his or her
identification card number, name, address (but not the 5-digit
zip code), and telephone number.
"Homeless person" or "homeless individual" has the same
meaning as defined by the federal McKinney-Vento Homeless
Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
"Youth for whom the Department of Children and Family
Services is legally responsible for" or "foster "Foster child"
means a child or youth whose guardianship or custody has been
accepted by the Department of Children and Family Services
pursuant to the Juvenile Court Act of 1987, the Children and
Family Services Act, the Abused and Neglected Child Reporting
Act, and the Adoption Act. This applies to children for whom
the Department of Children and Family Services has temporary
protective custody, custody or guardianship via court order, or
children whose parents have signed an adoptive surrender or
voluntary placement agreement with the Department.
(Source: P.A. 99-659, eff. 7-28-16; revised 10-3-16.)
(15 ILCS 335/5) (from Ch. 124, par. 25)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of
Illinois may file an application for an identification card, or
for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the
applicant in full and shall set forth the legal name, residence
address and zip code, social security number, birth date, sex
and a brief description of the applicant. The applicant shall
be photographed, unless the Secretary of State has provided by
rule for the issuance of identification cards without
photographs and the applicant is deemed eligible for an
identification card without a photograph under the terms and
conditions imposed by the Secretary of State, and he or she
shall also submit any other information as the Secretary may
deem necessary or such documentation as the Secretary may
require to determine the identity of the applicant. In addition
to the residence address, the Secretary may allow the applicant
to provide a mailing address. If the applicant is a judicial
officer as defined in Section 1-10 of the Judicial Privacy Act
or a peace officer, the applicant may elect to have his or her
office or work address in lieu of the applicant's residence or
mailing address. An applicant for an Illinois Person with a
Disability Identification Card must also submit with each
original or renewal application, on forms prescribed by the
Secretary, such documentation as the Secretary may require,
establishing that the applicant is a "person with a disability"
as defined in Section 4A of this Act, and setting forth the
applicant's type and class of disability as set forth in
Section 4A of this Act. For the purposes of this subsection
(a), "peace officer" means any person who by virtue of his or
her office or public employment is vested by law with a duty to
maintain public order or to make arrests for a violation of any
penal statute of this State, whether that duty extends to all
violations or is limited to specific violations.
(b) Beginning on or before July 1, 2015, for each original
or renewal identification card application under this Act, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing an identification card with a
veteran designation under subsection (c-5) of Section 4 of this
Act. The acceptable forms of proof shall include, but are not
limited to, Department of Defense form DD-214. The Illinois
Department of Veterans' Affairs shall advise the Secretary as
to what other forms of proof of a person's status as a veteran
are acceptable.
The Illinois Department of Veterans' Affairs shall confirm
the status of the applicant as an honorably discharged veteran
before the Secretary may issue the identification card.
For purposes of this subsection (b):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit.
"Veteran" means a person who has served in the armed forces
and was discharged or separated under honorable conditions.
(c) Beginning July 1, 2017, all applicants for standard
Illinois Identification Cards and Illinois Person with a
Disability Identification Cards shall provide proof of lawful
status in the United States as defined in 6 CFR 37.3, as
amended. Applicants who are unable to provide the Secretary
with proof of lawful status are ineligible for identification
cards under this Act.
(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
99-511, eff. 1-1-17; 99-544, eff. 7-15-16; revised 9-21-16.)
(15 ILCS 335/12) (from Ch. 124, par. 32)
(Text of Section before amendment by P.A. 99-907)
Sec. 12. Fees concerning standard Standard Illinois
Identification Cards. The fees required under this Act for
standard Illinois Identification Cards must accompany any
application provided for in this Act, and the Secretary shall
collect such fees as follows:
a. Original card...............................$20
b. Renewal card................................20
c. Corrected card..............................10
d. Duplicate card..............................20
e. Certified copy with seal ...................5
f. Search .....................................2
g. Applicant 65 years of age or over ..........No Fee
h. (Blank) ....................................
i. Individual living in Veterans
Home or Hospital ...........................No Fee
j. Original card under 18 years of age..........$10
k. Renewal card under 18 years of age...........$10
l. Corrected card under 18 years of age.........$5
m. Duplicate card under 18 years of age.........$10
n. Homeless person..............................No Fee
o. Duplicate card issued to an active-duty
member of the United States Armed Forces, the
member's spouse, or dependent children
living with the member......................No Fee
p. Duplicate temporary card.....................$5
q. p. First card issued to a youth
for whom the Department of Children
and Family Services is legally responsible
for or a foster child upon turning the age of
16 years old until he or she reaches
they reach the age of 21 years old.......... No Fee
All fees collected under this Act shall be paid into the
Road Fund of the State treasury, except that the following
amounts shall be paid into the General Revenue Fund: (i) 80% of
the fee for an original, renewal, or duplicate Illinois
Identification Card issued on or after January 1, 2005; and
(ii) 80% of the fee for a corrected Illinois Identification
Card issued on or after January 1, 2005.
An individual, who resides in a veterans home or veterans
hospital operated by the State state or federal government, who
makes an application for an Illinois Identification Card to be
issued at no fee, must submit, along with the application, an
affirmation by the applicant on a form provided by the
Secretary of State, that such person resides in a veterans home
or veterans hospital operated by the State state or federal
government.
The application of a homeless individual for an Illinois
Identification Card to be issued at no fee must be accompanied
by an affirmation by a qualified person, as defined in Section
4C of this Act, on a form provided by the Secretary of State,
that the applicant is currently homeless as defined in Section
1A of this Act.
For the application for the first Illinois Identification
Card of a youth for whom the Department of Children and Family
Services is legally responsible for or a foster child to be
issued at no fee, the youth must submit, along with the
application, an affirmation by his or her court appointed
attorney or an employee of the Department of Children and
Family Services on a form provided by the Secretary of State,
that the person is a youth for whom the Department of Children
and Family Services is legally responsible for or a foster
child.
The fee for any duplicate identification card shall be
waived for any person who presents the Secretary of State's
Office with a police report showing that his or her
identification card was stolen.
The fee for any duplicate identification card shall be
waived for any person age 60 or older whose identification card
has been lost or stolen.
As used in this Section, "active-duty member of the United
States Armed Forces" means a member of the Armed Services or
Reserve Forces of the United States or a member of the Illinois
National Guard who is called to active duty pursuant to an
executive order of the President of the United States, an act
of the Congress of the United States, or an order of the
Governor.
(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16;
revised 9-21-16.)
(Text of Section after amendment by P.A. 99-907)
Sec. 12. Fees concerning standard Standard Illinois
Identification Cards. The fees required under this Act for
standard Illinois Identification Cards must accompany any
application provided for in this Act, and the Secretary shall
collect such fees as follows:
a. Original card...............................$20
b. Renewal card................................20
c. Corrected card..............................10
d. Duplicate card..............................20
e. Certified copy with seal ...................5
f. Search .....................................2
g. Applicant 65 years of age or over ..........No Fee
h. (Blank) ....................................
i. Individual living in Veterans
Home or Hospital ...........................No Fee
j. Original card under 18 years of age..........$10
k. Renewal card under 18 years of age...........$10
l. Corrected card under 18 years of age.........$5
m. Duplicate card under 18 years of age.........$10
n. Homeless person..............................No Fee
o. Duplicate card issued to an active-duty
member of the United States Armed Forces, the
member's spouse, or dependent children
living with the member......................No Fee
p. Duplicate temporary card.....................$5
q. p. First card issued to a youth
for whom the Department of Children
and Family Services is legally responsible
for or a foster child upon turning the age of
16 years old until he or she reaches
they reach the age of 21 years old.......... No Fee
r. p. Original card issued to a committed
person upon release on parole,
mandatory supervised release,
aftercare release, final
discharge, or pardon from the
Department of Corrections or
Department of Juvenile Justice..............No Fee
s. q. Limited-term Illinois Identification
Card issued to a committed person
upon release on parole, mandatory
supervised release, aftercare
release, final discharge, or pardon
from the Department of
Corrections or Department of
Juvenile Justice............................No Fee
All fees collected under this Act shall be paid into the
Road Fund of the State treasury, except that the following
amounts shall be paid into the General Revenue Fund: (i) 80% of
the fee for an original, renewal, or duplicate Illinois
Identification Card issued on or after January 1, 2005; and
(ii) 80% of the fee for a corrected Illinois Identification
Card issued on or after January 1, 2005.
An individual, who resides in a veterans home or veterans
hospital operated by the State state or federal government, who
makes an application for an Illinois Identification Card to be
issued at no fee, must submit, along with the application, an
affirmation by the applicant on a form provided by the
Secretary of State, that such person resides in a veterans home
or veterans hospital operated by the State state or federal
government.
The application of a homeless individual for an Illinois
Identification Card to be issued at no fee must be accompanied
by an affirmation by a qualified person, as defined in Section
4C of this Act, on a form provided by the Secretary of State,
that the applicant is currently homeless as defined in Section
1A of this Act.
For the application for the first Illinois Identification
Card of a youth for whom the Department of Children and Family
Services is legally responsible for or a foster child to be
issued at no fee, the youth must submit, along with the
application, an affirmation by his or her court appointed
attorney or an employee of the Department of Children and
Family Services on a form provided by the Secretary of State,
that the person is a youth for whom the Department of Children
and Family Services is legally responsible for or a foster
child.
The fee for any duplicate identification card shall be
waived for any person who presents the Secretary of State's
Office with a police report showing that his or her
identification card was stolen.
The fee for any duplicate identification card shall be
waived for any person age 60 or older whose identification card
has been lost or stolen.
As used in this Section, "active-duty member of the United
States Armed Forces" means a member of the Armed Services or
Reserve Forces of the United States or a member of the Illinois
National Guard who is called to active duty pursuant to an
executive order of the President of the United States, an act
of the Congress of the United States, or an order of the
Governor.
(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16;
99-907, eff. 7-1-17; revised 1-3-17.)
Section 90. The State Comptroller Act is amended by
changing Section 22 as follows:
(15 ILCS 405/22) (from Ch. 15, par. 222)
Sec. 22. Transition; Auditor Transition-Auditor of Public
Accounts to comptroller.
(a) Except as otherwise specifically provided by law, the
comptroller shall succeed to all rights, powers, duties and
liabilities of the Auditor of Public Accounts in effect on
January 7, 1973. Warrants outstanding on the effective date of
this Act shall be governed by the law in effect on January 7,
1973, except for such provisions of this Act as may be made
applicable to such warrants by regulation adopted by the
comptroller with the approval of the State Treasurer. All
books, records, equipment, property, and personnel held by, in
the custody of or employed by the Auditor of Public Accounts on
that date shall be transferred to the comptroller on the
effective date of this Act. This transfer of personnel from the
office of Auditor of Public Accounts to the office of the
comptroller shall in no way affect the status of such personnel
under the "Personnel Code" or the State Employees Retirement
System or as respects any employment benefits to which they
were entitled on the day immediately preceding the transfer.
(b) In order to achieve a smooth and orderly transition
from the system of accounts and reports maintained or provided
by or for the Auditor of Public Accounts to the new uniform
accounting system and the expanded reporting and
accountability for public funds required by this Act, and the
warrant and payroll procedures required by this Act which may
be different from those provided by the law in effect on
January 7, 1973, the comptroller may, by interim regulations,
provide for the gradual changeover to the new systems, forms
and procedures. The complete implementation of the new uniform
accounting system and of the forms and procedures for reporting
and documentation by all State agencies and the handling of
warrants and payroll, as provided by this Act, must be
finalized and in effect no later than July 1, 1974.
(c) The Warrant Escheat Fund, a special fund of which the
State Treasurer is ex officio ex-officio custodian, as
heretofore established by law is retained.
(Source: P.A. 77-2807; revised 9-19-16.)
Section 95. The Department of Agriculture Law of the Civil
Administrative Code of Illinois is amended by changing Section
205-15 as follows:
(20 ILCS 205/205-15) (was 20 ILCS 205/40.7 and 205/40.8)
Sec. 205-15. Promotional activities.
(a) The Department has the power to encourage and promote,
in every practicable manner, the interests of agriculture,
including horticulture, the livestock industry, dairying,
cheese making, poultry, bee keeping, forestry, the production
of wool, and all other allied industries. In furtherance of the
duties set forth in this Section, the Department may establish
trust funds and bank accounts in adequately protected financial
institutions to receive and disburse monies in connection with
the conduct of food shows, food expositions, trade shows, and
other promotional activities and to sell at cost, to qualified
applicants, signs designating farms that have been owned for
100 years or more, 150 years or more, or 200 years or more by
lineal or collateral descendants of the same family as
"Centennial Farms", "Sesquicentennial Farms", or "Bicentennial
Farms" respectively. The Department shall provide applications
for the signs, which shall be submitted with the required fee.
"Centennial Farms", "Sesquicentennial Farms", and
"Bicentennial Farms" signs shall not contain within their
design the name, picture, or other likeness of any elected
public official or any appointed public official.
(b) The Department has the power to promote improved
methods of conducting the several industries described in
subsection (a) with a view to increasing the production and
facilitating the distribution thereof at the least cost.
(c) The Department may sell at cost, to qualified
applicants, signs designating an agribusiness that has been
operated for 100 years or more or more than 150 years or more
as the same agribusiness. As used in this subsection (c),
"agribusiness" means a business or businesses under the same
name or ownership that are collectively associated with the
production, processing, and distribution of agricultural
products. The Department shall provide applications for the
signs, which shall be submitted with the required fee.
(Source: P.A. 99-823, eff. 1-1-17; 99-824, eff. 8-16-16;
revised 10-11-16.)
Section 100. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Sections 5-23 and 10-15
as follows:
(20 ILCS 301/5-23)
Sec. 5-23. Drug Overdose Prevention Program.
(a) Reports of drug overdose.
(1) The Director of the Division of Alcoholism and
Substance Abuse shall publish annually a report on drug
overdose trends statewide that reviews State death rates
from available data to ascertain changes in the causes or
rates of fatal and nonfatal drug overdose. The report shall
also provide information on interventions that would be
effective in reducing the rate of fatal or nonfatal drug
overdose and shall include an analysis of drug overdose
information reported to the Department of Public Health
pursuant to subsection (e) of Section 3-3013 of the
Counties Code, Section 6.14g of the Hospital Licensing Act,
and subsection (j) of Section 22-30 of the School Code.
(2) The report may include:
(A) Trends in drug overdose death rates.
(B) Trends in emergency room utilization related
to drug overdose and the cost impact of emergency room
utilization.
(C) Trends in utilization of pre-hospital and
emergency services and the cost impact of emergency
services utilization.
(D) Suggested improvements in data collection.
(E) A description of other interventions effective
in reducing the rate of fatal or nonfatal drug
overdose.
(F) A description of efforts undertaken to educate
the public about unused medication and about how to
properly dispose of unused medication, including the
number of registered collection receptacles in this
State, mail-back programs, and drug take-back events.
(b) Programs; drug overdose prevention.
(1) The Director may establish a program to provide for
the production and publication, in electronic and other
formats, of drug overdose prevention, recognition, and
response literature. The Director may develop and
disseminate curricula for use by professionals,
organizations, individuals, or committees interested in
the prevention of fatal and nonfatal drug overdose,
including, but not limited to, drug users, jail and prison
personnel, jail and prison inmates, drug treatment
professionals, emergency medical personnel, hospital
staff, families and associates of drug users, peace
officers, firefighters, public safety officers, needle
exchange program staff, and other persons. In addition to
information regarding drug overdose prevention,
recognition, and response, literature produced by the
Department shall stress that drug use remains illegal and
highly dangerous and that complete abstinence from illegal
drug use is the healthiest choice. The literature shall
provide information and resources for substance abuse
treatment.
The Director may establish or authorize programs for
prescribing, dispensing, or distributing opioid
antagonists for the treatment of drug overdose. Such
programs may include the prescribing of opioid antagonists
for the treatment of drug overdose to a person who is not
at risk of opioid overdose but who, in the judgment of the
health care professional, may be in a position to assist
another individual during an opioid-related drug overdose
and who has received basic instruction on how to administer
an opioid antagonist.
(2) The Director may provide advice to State and local
officials on the growing drug overdose crisis, including
the prevalence of drug overdose incidents, programs
promoting the disposal of unused prescription drugs,
trends in drug overdose incidents, and solutions to the
drug overdose crisis.
(c) Grants.
(1) The Director may award grants, in accordance with
this subsection, to create or support local drug overdose
prevention, recognition, and response projects. Local
health departments, correctional institutions, hospitals,
universities, community-based organizations, and
faith-based organizations may apply to the Department for a
grant under this subsection at the time and in the manner
the Director prescribes.
(2) In awarding grants, the Director shall consider the
necessity for overdose prevention projects in various
settings and shall encourage all grant applicants to
develop interventions that will be effective and viable in
their local areas.
(3) The Director shall give preference for grants to
proposals that, in addition to providing life-saving
interventions and responses, provide information to drug
users on how to access drug treatment or other strategies
for abstaining from illegal drugs. The Director shall give
preference to proposals that include one or more of the
following elements:
(A) Policies and projects to encourage persons,
including drug users, to call 911 when they witness a
potentially fatal drug overdose.
(B) Drug overdose prevention, recognition, and
response education projects in drug treatment centers,
outreach programs, and other organizations that work
with, or have access to, drug users and their families
and communities.
(C) Drug overdose recognition and response
training, including rescue breathing, in drug
treatment centers and for other organizations that
work with, or have access to, drug users and their
families and communities.
(D) The production and distribution of targeted or
mass media materials on drug overdose prevention and
response, the potential dangers of keeping unused
prescription drugs in the home, and methods to properly
dispose of unused prescription drugs.
(E) Prescription and distribution of opioid
antagonists.
(F) The institution of education and training
projects on drug overdose response and treatment for
emergency services and law enforcement personnel.
(G) A system of parent, family, and survivor
education and mutual support groups.
(4) In addition to moneys appropriated by the General
Assembly, the Director may seek grants from private
foundations, the federal government, and other sources to
fund the grants under this Section and to fund an
evaluation of the programs supported by the grants.
(d) Health care professional prescription of opioid
antagonists.
(1) A health care professional who, acting in good
faith, directly or by standing order, prescribes or
dispenses an opioid antagonist to: (a) a patient who, in
the judgment of the health care professional, is capable of
administering the drug in an emergency, or (b) a person who
is not at risk of opioid overdose but who, in the judgment
of the health care professional, may be in a position to
assist another individual during an opioid-related drug
overdose and who has received basic instruction on how to
administer an opioid antagonist shall not, as a result of
his or her acts or omissions, be subject to: (i) any
disciplinary or other adverse action under the Medical
Practice Act of 1987, the Physician Assistant Practice Act
of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
or any other professional licensing statute or (ii) any
criminal liability, except for willful and wanton
misconduct.
(2) A person who is not otherwise licensed to
administer an opioid antagonist may in an emergency
administer without fee an opioid antagonist if the person
has received the patient information specified in
paragraph (4) of this subsection and believes in good faith
that another person is experiencing a drug overdose. The
person shall not, as a result of his or her acts or
omissions, be (i) liable for any violation of the Medical
Practice Act of 1987, the Physician Assistant Practice Act
of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
or any other professional licensing statute, or (ii)
subject to any criminal prosecution or civil liability,
except for willful and wanton misconduct.
(3) A health care professional prescribing an opioid
antagonist to a patient shall ensure that the patient
receives the patient information specified in paragraph
(4) of this subsection. Patient information may be provided
by the health care professional or a community-based
organization, substance abuse program, or other
organization with which the health care professional
establishes a written agreement that includes a
description of how the organization will provide patient
information, how employees or volunteers providing
information will be trained, and standards for documenting
the provision of patient information to patients.
Provision of patient information shall be documented in the
patient's medical record or through similar means as
determined by agreement between the health care
professional and the organization. The Director of the
Division of Alcoholism and Substance Abuse, in
consultation with statewide organizations representing
physicians, pharmacists, advanced practice nurses,
physician assistants, substance abuse programs, and other
interested groups, shall develop and disseminate to health
care professionals, community-based organizations,
substance abuse programs, and other organizations training
materials in video, electronic, or other formats to
facilitate the provision of such patient information.
(4) For the purposes of this subsection:
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids
acting on those receptors, including, but not limited to,
naloxone hydrochloride or any other similarly acting drug
approved by the U.S. Food and Drug Administration.
"Health care professional" means a physician licensed
to practice medicine in all its branches, a licensed
physician assistant with prescriptive authority, a
licensed advanced practice nurse with prescriptive
authority, an advanced practice nurse or physician
assistant who practices in a hospital, hospital affiliate,
or ambulatory surgical treatment center and possesses
appropriate clinical privileges in accordance with the
Nurse Practice Act, or a pharmacist licensed to practice
pharmacy under the Pharmacy Practice Act.
"Patient" includes a person who is not at risk of
opioid overdose but who, in the judgment of the physician,
advanced practice nurse, or physician assistant, may be in
a position to assist another individual during an overdose
and who has received patient information as required in
paragraph (2) of this subsection on the indications for and
administration of an opioid antagonist.
"Patient information" includes information provided to
the patient on drug overdose prevention and recognition;
how to perform rescue breathing and resuscitation; opioid
antagonist dosage and administration; the importance of
calling 911; care for the overdose victim after
administration of the overdose antagonist; and other
issues as necessary.
(e) Drug overdose response policy.
(1) Every State and local government agency that
employs a law enforcement officer or fireman as those terms
are defined in the Line of Duty Compensation Act must
possess opioid antagonists and must establish a policy to
control the acquisition, storage, transportation, and
administration of such opioid antagonists and to provide
training in the administration of opioid antagonists. A
State or local government agency that employs a fireman as
defined in the Line of Duty Compensation Act but does not
respond to emergency medical calls or provide medical
services shall be exempt from this subsection.
(2) Every publicly or privately owned ambulance,
special emergency medical services vehicle, non-transport
vehicle, or ambulance assist vehicle, as described in the
Emergency Medical Services (EMS) Systems Act, which
responds to requests for emergency services or transports
patients between hospitals in emergency situations must
possess opioid antagonists.
(3) Entities that are required under paragraphs (1) and
(2) to possess opioid antagonists may also apply to the
Department for a grant to fund the acquisition of opioid
antagonists and training programs on the administration of
opioid antagonists.
(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
99-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)
(20 ILCS 301/10-15)
Sec. 10-15. Qualification and appointment of members. The
membership of the Illinois Advisory Council shall consist of:
(a) A State's Attorney designated by the President of
the Illinois State's Attorneys Association.
(b) A judge designated by the Chief Justice of the
Illinois Supreme Court.
(c) A Public Defender appointed by the President of the
Illinois Public Defender Defenders Association.
(d) A local law enforcement officer appointed by the
Governor.
(e) A labor representative appointed by the Governor.
(f) An educator appointed by the Governor.
(g) A physician licensed to practice medicine in all
its branches appointed by the Governor with due regard for
the appointee's knowledge of the field of alcoholism and
other drug abuse and dependency.
(h) 4 members of the Illinois House of Representatives,
2 each appointed by the Speaker and Minority Leader.
(i) 4 members of the Illinois Senate, 2 each appointed
by the President and Minority Leader.
(j) The President of the Illinois Alcoholism and Drug
Dependence Association.
(k) An advocate for the needs of youth appointed by the
Governor.
(l) The President of the Illinois State Medical Society
or his or her designee.
(m) The President of the Illinois Hospital Association
or his or her designee.
(n) The President of the Illinois Nurses Association or
a registered nurse designated by the President.
(o) The President of the Illinois Pharmacists
Association or a licensed pharmacist designated by the
President.
(p) The President of the Illinois Chapter of the
Association of Labor-Management Labor Management
Administrators and Consultants on Alcoholism.
(p-1) The President of the Community Behavioral
Healthcare Association of Illinois or his or her designee.
(q) The Attorney General or his or her designee.
(r) The State Comptroller or his or her designee.
(s) 20 public members, 8 appointed by the Governor, 3
of whom shall be representatives of alcoholism or other
drug abuse and dependency treatment programs and one of
whom shall be a representative of a manufacturer or
importing distributor of alcoholic liquor licensed by the
State of Illinois, and 3 public members appointed by each
of the President and Minority Leader of the Senate and the
Speaker and Minority Leader of the House.
(t) The Director, Secretary, or other chief
administrative officer, ex officio, or his or her designee,
of each of the following: the Department on Aging, the
Department of Children and Family Services, the Department
of Corrections, the Department of Juvenile Justice, the
Department of Healthcare and Family Services, the
Department of Revenue, the Department of Public Health, the
Department of Financial and Professional Regulation, the
Department of State Police, the Administrative Office of
the Illinois Courts, the Criminal Justice Information
Authority, and the Department of Transportation.
(u) Each of the following, ex officio, or his or her
designee: the Secretary of State, the State Superintendent
of Education, and the Chairman of the Board of Higher
Education.
The public members may not be officers or employees of the
executive branch of State government; however, the public
members may be officers or employees of a State college or
university or of any law enforcement agency. In appointing
members, due consideration shall be given to the experience of
appointees in the fields of medicine, law, prevention,
correctional activities, and social welfare. Vacancies in the
public membership shall be filled for the unexpired term by
appointment in like manner as for original appointments, and
the appointive members shall serve until their successors are
appointed and have qualified. Vacancies among the public
members appointed by the legislative leaders shall be filled by
the leader of the same house and of the same political party as
the leader who originally appointed the member.
Each non-appointive member may designate a representative
to serve in his place by written notice to the Department. All
General Assembly members shall serve until their respective
successors are appointed or until termination of their
legislative service, whichever occurs first. The terms of
office for each of the members appointed by the Governor shall
be for 3 years, except that of the members first appointed, 3
shall be appointed for a term of one year, and 4 shall be
appointed for a term of 2 years. The terms of office of each of
the public members appointed by the legislative leaders shall
be for 2 years.
(Source: P.A. 94-1033, eff. 7-1-07; revised 9-12-16.)
Section 105. The Personnel Code is amended by changing
Section 10 as follows:
(20 ILCS 415/10) (from Ch. 127, par. 63b110)
Sec. 10. Duties and powers of the Commission. The Civil
Service Commission shall have duties and powers as follows:
(1) Upon written recommendations by the Director of the
Department of Central Management Services to exempt from
jurisdiction B of this Act positions which, in the judgment
of the Commission, involve either principal administrative
responsibility for the determination of policy or
principal administrative responsibility for the way in
which policies are carried out. This authority may not be
exercised, however, with respect to the position of
Assistant Director of Healthcare and Family Services in the
Department of Healthcare and Family Services.
(2) To require such special reports from the Director
as it may consider desirable.
(3) To disapprove original rules or any part thereof
within 90 days and any amendment thereof within 30 days
after the submission of such rules to the Civil Service
Commission by the Director, and to disapprove any
amendments thereto in the same manner.
(4) To approve or disapprove within 60 days from date
of submission the position classification plan P.A.
submitted by the Director as provided in the rules, and any
revisions thereof within 30 days from the date of
submission.
(5) To hear appeals of employees who do not accept the
allocation of their positions under the position
classification plan.
(6) To hear and determine written charges filed seeking
the discharge, demotion of employees and suspension
totaling more than thirty days in any 12-month period, as
provided in Section 11 hereof, and appeals from transfers
from one geographical area in the State to another, and in
connection therewith to administer oaths, subpoena
witnesses, and compel the production of books and papers.
(7) The fees of subpoenaed witnesses under this Act for
attendance and travel shall be the same as fees of
witnesses before the circuit courts of the State, such fees
to be paid when the witness is excused from further
attendance. Whenever a subpoena is issued the Commission
may require that the cost of service and the fee of the
witness shall be borne by the party at whose insistence the
witness is summoned. The Commission has the power, at its
discretion, to require a deposit from such party to cover
the cost of service and witness fees and the payment of the
legal witness fee and mileage to the witness served with
the subpoena. A subpoena issued under this Act shall be
served in the same manner as a subpoena issued out of a
court.
Upon the failure or refusal to obey a subpoena, a
petition shall be prepared by the party serving the
subpoena for enforcement in the circuit court of the county
in which the person to whom the subpoena was directed
either resides or has his or her principal place of
business.
Not less than five days before the petition is filed in
the appropriate court, it shall be served on the person
along with a notice of the time and place the petition is
to be presented.
Following a hearing on the petition, the circuit court
shall have jurisdiction to enforce subpoenas issued
pursuant to this Section.
On motion and for good cause shown the Commission may
quash or modify any subpoena.
(8) To make an annual report regarding the work of the
Commission to the Governor, such report to be a public
report.
(9) If any violation of this Act is found, the
Commission shall direct compliance in writing.
(10) To appoint a full-time executive secretary and
such other employees, experts, and special assistants as
may be necessary to carry out the powers and duties of the
Commission under this Act and employees, experts, and
special assistants so appointed by the Commission shall be
subject to the provisions of jurisdictions A, B and C of
this Act. These powers and duties supersede any contrary
provisions herein contained.
(11) To make rules to carry out and implement their
powers and duties under this Act, with authority to amend
such rules from time to time.
(12) To hear or conduct investigations as it deems
necessary of appeals of layoff filed by employees appointed
under Jurisdiction B after examination provided that such
appeals are filed within 15 calendar days following the
effective date of such layoff and are made on the basis
that the provisions of the Personnel Code or of the Rules
of the Department of Central Management Services relating
to layoff have been violated or have not been complied
with.
All hearings shall be public. A decision shall be
rendered within 60 days after receipt of the transcript of
the proceedings. The Commission shall order the
reinstatement of the employee if it is proven that the
provisions of the Personnel Code or of the rules Rules of
the Department of Central Management Services relating to
layoff have been violated or have not been complied with.
In connection therewith the Commission may administer
oaths, subpoena witnesses, and compel the production of
books and papers.
(13) Whenever the Civil Service Commission is
authorized or required by law to consider some aspect of
criminal history record information for the purpose of
carrying out its statutory powers and responsibilities,
then, upon request and payment of fees in conformance with
the requirements of Section 2605-400 of the Department of
State Police Law (20 ILCS 2605/2605-400), the Department of
State Police is authorized to furnish, pursuant to positive
identification, such information contained in State files
as is necessary to fulfill the request.
(Source: P.A. 95-331, eff. 8-21-07; revised 9-6-16.)
Section 110. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing the heading of Article 605 as follows:
(20 ILCS 605/Art. 605 heading)
ARTICLE 605. DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
COMMUNITY AFFAIRS
Section 115. The Technology Advancement and Development
Act is amended by changing Section 1004 as follows:
(20 ILCS 700/1004) (from Ch. 127, par. 3701-4)
Sec. 1004. Duties and powers. The Department of Commerce
and Economic Opportunity shall establish and administer any of
the programs authorized under this Act subject to the
availability of funds appropriated by the General Assembly. The
Department may make awards from general revenue fund
appropriations, federal reimbursement funds, and the
Technology Cooperation Fund, as provided under the provisions
of this Act. The Department, in addition to those powers
granted under the Civil Administrative Code of Illinois, is
granted the following powers to help administer the provisions
of this Act:
(a) To provide financial assistance as direct or
participation grants, loans, or qualified security
investments to, or on behalf of, eligible applicants.
Loans, grants, and investments shall be made for the
purpose of increasing research and development,
commercializing technology, adopting advanced production
and processing techniques, and promoting job creation and
retention within Illinois;
(b) To enter into agreements, accept funds or grants,
and engage in cooperation with agencies of the federal
government, local units of government, universities,
research foundations or institutions, regional economic
development corporations, or other organizations for the
purposes of this Act;
(c) To enter into contracts, agreements, and memoranda
of understanding; and to provide funds for participation
agreements or to make any other agreements or contracts or
to invest, grant, or loan funds to any participating
intermediary organizations, including, not-for-profit
entities, for-profit entities, State agencies or
authorities, government owned and contract operated
facilities, institutions of higher education, other public
or private development corporations, or other entities
necessary or desirable to further the purpose of this Act.
Any such agreement or contract by an intermediary
organization to deliver programs authorized under this Act
may include terms and provisions, including, but not
limited to, organization and development of documentation,
review and approval of projects, servicing and
disbursement of funds, and other related activities;
(d) To fix, determine, charge, and collect any
premiums, fees, charges, costs, and expenses, including,
without limitation, any application fees, commitment fees,
program fees, financing charges, or publication fees in
connection with the Department's activities under this
Act;
(e) To establish forms for applications,
notifications, contracts, or any other agreements, and to
promulgate procedures, rules, or regulations deemed
necessary and appropriate;
(f) To establish and regulate the terms and conditions
of the Department's agreements and to consent, subject to
the provisions of any agreement with another party, to the
modification or restructuring of any agreement to which the
Department is a party;
(g) To require that recipients of financial assistance
shall at all times keep proper books of record and account
in accordance with generally accepted accounting
principles consistently applied, with such books open for
reasonable Department inspection and audits, including,
without limitation, the making of copies thereof;
(h) To require applicants or grantees receiving funds
under this Act to permit the Department to: (i) inspect and
audit any books, records or papers related to the project
in the custody or control of the applicant, including the
making of copies or extracts thereof, and (ii) inspect or
appraise any of the applicant's or grantee's business
assets;
(i) To require applicants or grantees, upon written
request by the Department, to issue any necessary
authorization to the appropriate federal, State, or local
authority for the release of information concerning a
business or business project financed under the provisions
of this Act, with the information requested to include, but
not be limited to, financial reports, returns, or records
relating to that business or business project;
(i-5) To provide staffing, administration, and related
support required to manage the programs authorized under
this Act and to pay for staffing and administration as
appropriated by the General Assembly. Administrative
responsibilities may include, but are not limited to,
research and identification of the needs of commerce and
industry in this State; design of comprehensive statewide
plans and programs; direction, management, and control of
specific projects; and communication and cooperation with
entities about technology commercialization and business
modernization;
(j) To take whatever actions are necessary or
appropriate to protect the State's interest in the event of
bankruptcy, default, foreclosure or noncompliance with the
terms and conditions of financial assistance or
participation required under this Act, including the power
to sell, dispose, lease or rent, upon terms and conditions
determined by the Director to be appropriate, real or
personal property which the Department may receive as a
result thereof; and
(k) To exercise Exercise such other powers as are
necessary to carry out the purposes of this Act.
(Source: P.A. 94-91, eff. 7-1-05; revised 9-6-16.)
Section 120. The Illinois Lottery Law is amended by
changing Sections 10.8 and 21.6 as follows:
(20 ILCS 1605/10.8)
Sec. 10.8. Specialty retailers license.
(a) "Veterans service organization" means an organization
that:
(1) is formed by and for United States military
veterans;
(2) is chartered by the United States Congress and
incorporated in the State of Illinois;
(3) maintains a state headquarters office in the State
of Illinois; and
(4) is not funded by the State of Illinois or by any
county in this State.
(b) The Department shall establish a special
classification of retailer license to facilitate the
year-round sale of the instant scratch-off lottery game
established by the General Assembly in Section 21.6. The fees
set forth in Section 10.2 do not apply to a specialty retailer
license.
The holder of a specialty retailer license (i) shall be a
veterans service organization, (ii) may sell only specialty
lottery tickets established for the benefit of the Illinois
Veterans Assistance Fund in the State treasury, (iii) is
required to purchase those tickets up front at face value from
the Illinois Lottery, and (iv) must sell those tickets at face
value. Specialty retailers may obtain a refund from the
Department for any unsold specialty tickets that they have
purchased for resale, as set forth in the specialty retailer
agreement.
Specialty retailers shall receive a sales commission equal
to 2% of the face value of specialty game tickets purchased
from the Department, less adjustments for unsold tickets
returned to the Illinois Lottery for credit. Specialty
retailers may not cash winning tickets, but are entitled to a
1% bonus in connection with the sale of a winning specialty
game ticket having a price value of $1,000 or more.
(Source: P.A. 96-1105, eff. 7-19-10; 97-464, eff. 10-15-11;
revised 9-2-16.)
(20 ILCS 1605/21.6)
Sec. 21.6. Scratch-off for Illinois veterans.
(a) The Department shall offer a special instant
scratch-off game for the benefit of Illinois veterans. The game
shall commence on January 1, 2006 or as soon thereafter, at the
discretion of the Director, as is reasonably practical. The
operation of the game shall be governed by this Act and any
rules adopted by the Department. If any provision of this
Section is inconsistent with any other provision of this Act,
then this Section governs.
(b) The Illinois Veterans Assistance Fund is created as a
special fund in the State treasury. The net revenue from the
Illinois veterans scratch-off game shall be deposited into the
Fund for appropriation by the General Assembly solely to the
Department of Veterans' Veterans Affairs for making grants,
funding additional services, or conducting additional research
projects relating to each of the following:
(i) veterans' post traumatic stress disorder;
(ii) veterans' homelessness;
(iii) the health insurance costs of veterans;
(iv) veterans' disability benefits, including but not
limited to, disability benefits provided by veterans
service organizations and veterans assistance commissions
or centers;
(v) the long-term care of veterans; provided that,
beginning with moneys appropriated for fiscal year 2008, no
more than 20% of such moneys shall be used for health
insurance costs; and
(vi) veteran employment and employment training.
In order to expend moneys from this special fund, beginning
with moneys appropriated for fiscal year 2008, the Director of
Veterans' Affairs shall appoint a 3-member funding
authorization committee. The Director shall designate one of
the members as chairperson. The committee shall meet on a
quarterly basis, at a minimum, and shall authorize expenditure
of moneys from the special fund by a two-thirds vote. Decisions
of the committee shall not take effect unless and until
approved by the Director of Veterans' Affairs. Each member of
the committee shall serve until a replacement is named by the
Director of Veterans' Affairs. One member of the committee
shall be a member of the Veterans' Advisory Council.
Moneys collected from the special instant scratch-off game
shall be used only as a supplemental financial resource and
shall not supplant existing moneys that the Department of
Veterans' Veterans Affairs may currently expend for the
purposes set forth in items (i) through (v).
Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and from gifts, grants, and awards
from any public or private entity, must be deposited into the
Fund. Any interest earned on moneys in the Fund must be
deposited into the Fund.
For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in the prizes and the actual administrative
expenses of the Department solely related to the scratch-off
game under this Section.
(c) During the time that tickets are sold for the Illinois
veterans scratch-off game, the Department shall not
unreasonably diminish the efforts devoted to marketing any
other instant scratch-off lottery game.
(d) The Department may adopt any rules necessary to
implement and administer the provisions of this Section.
(Source: P.A. 97-464, eff. 10-15-11; 97-740, eff. 7-5-12;
98-499, eff. 8-16-13; revised 9-2-16.)
Section 125. The Military Code of Illinois is amended by
changing Section 28 as follows:
(20 ILCS 1805/28) (from Ch. 129, par. 220.28)
Sec. 28. When the Commander-in-Chief proclaims a time of
public danger or when an emergency exists, the . The Adjutant
General may purchase or authorize the purchase of stores and
supplies in accordance with the emergency purchase provisions
in the Illinois Procurement Code.
(Source: P.A. 99-557, eff. 1-1-17; revised 9-8-16.)
Section 130. The State Guard Act is amended by changing
Sections 53 and 54 as follows:
(20 ILCS 1815/53) (from Ch. 129, par. 281)
Sec. 53. Any officer, warrant officer, or enlisted man in
the Illinois State Guard who knowingly makes any false
certificate or return to any superior officer authorized to
call for such certificate or return, as to the state of his
command, or as to the quartermaster, subsistence, or ordnance
ordinance stores to it issued, or any officer who knowingly
musters any officer, warrant officer, or enlisted man by other
than his proper name, or who permits any officer, warrant
officer, or enlisted man to substitute or sign another name
than his own, or who enters the name of any man not duly or
lawfully commissioned or enlisted in the muster or payroll of
the State of Illinois, or who certifies falsely as to any
actual duty performed or amounts due, or who in any other way
makes or permits any false muster or return, or who, having
drawn money from the State for public use, shall apply it or
any part thereof to any use not duly authorized, may be
punished as a court martial shall direct.
(Source: P.A. 80-1495; revised 9-8-16.)
(20 ILCS 1815/54) (from Ch. 129, par. 282)
Sec. 54. Any officer, warrant officer, or enlisted man who
willfully wilfully or through neglect suffers to be lost,
spoiled, or damaged, any quartermaster, subsistence, or
ordnance ordinance stores for which he is responsible or
accountable, or who secretes, sells, or pawns, or attempts to
secrete, sell, or pawn, any such stores or any other military
property of the State, or by it issued, may be punished as a
court martial shall direct.
(Source: P.A. 80-1495; revised 9-8-16.)
Section 135. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-367 and 2310-371.5 as
follows:
(20 ILCS 2310/2310-367)
Sec. 2310-367. Health Data Task Force; purpose;
implementation plan.
(a) In accordance with the recommendations of the 2007
State Health Improvement Plan, it is the policy of the State
that, to the extent possible and consistent with privacy and
other laws, State public health data and health-related
administrative data are to be used to understand and report on
the scope of health problems, plan prevention programs, and
evaluate program effectiveness at the State and community
level. It is a priority to use data to address racial, ethnic,
and other health disparities. This system is intended to
support State and community level public health planning, and
is not intended to supplant or replace data-use agreements
between State agencies and academic researchers for more
specific research needs.
(b) Within 30 days after August 24, 2007 (the effective
date of Public Act 95-418), a Health Data Task Force shall be
convened to create a system for public access to integrated
health data. The Task Force shall consist of the following: the
Director of Public Health or his or her designee; the Director
of Healthcare and Family Services or his or her designee; the
Secretary of Human Services or his or her designee; the
Director of the Department on Aging or his or her designee; the
Director of Children and Family Services or his or her
designee; the State Superintendent of Education or his or her
designee; and other State officials as deemed appropriate by
the Governor.
The Task Force shall be advised by a public advisory group
consisting of community health data users, minority health
advocates, local public health departments, and private data
suppliers such as hospitals and other health care providers.
Each member of the Task Force shall appoint 3 members of the
public advisory group. The public advisory group shall assist
the Task Force in setting goals, articulating user needs, and
setting priorities for action.
The Department of Public Health is primarily responsible
for providing staff and administrative support to the Task
Force. The other State agencies represented on the Task Force
shall work cooperatively with the Department of Public Health
to provide administrative support to the Task Force. The
Department of Public Health shall have ongoing responsibility
for monitoring the implementation of the plan and shall have
ongoing responsibility to identify new or emerging data or
technology needs.
The State agencies represented on the Task Force shall
review their health data, data collection, and dissemination
policies for opportunities to coordinate and integrate data and
make data available within and outside State government in
support of this State policy. To the extent possible, existing
data infrastructure shall be used to create this system of
public access to data. The Illinois Department of Healthcare
Health Care and Family Services data warehouse and the Illinois
Department of Public Health IPLAN Data System may be the
foundation of this system.
(c) The Task Force shall produce a plan with a phased and
prioritized implementation timetable focusing on assuring
access to improving the quality of data necessary to understand
health disparities. The Task Force shall submit an initial
report to the General Assembly no later than July 1, 2008, and
shall make annual reports to the General Assembly on or before
July 1 of each year through 2011 of the progress toward
implementing the plan.
(Source: P.A. 97-813, eff. 7-13-12; revised 9-8-16.)
(20 ILCS 2310/2310-371.5) (was 20 ILCS 2310/371)
Sec. 2310-371.5. Heartsaver AED Fund; grants. Subject to
appropriation, the Department of Public Health has the power to
make matching grants from the Heartsaver AED Fund, a special
fund created in the State treasury, to any school in the State,
public park district, forest preserve district, conservation
district, sheriff's office, municipal police department,
municipal recreation department, public library, college, or
university to assist in the purchase of an Automated External
Defibrillator. Applicants for AED grants must demonstrate that
they have funds to pay 50% of the cost of the AEDs for which
matching grant moneys are sought. Any school, public park
district, forest preserve district, conservation district,
sheriff's office, municipal police department, municipal
recreation department, public library, college, or university
applying for the grant shall not receive more than one grant
from the Heartsaver AED Fund each fiscal year. The State
Treasurer shall accept and deposit into the Fund all gifts,
grants, transfers, appropriations, and other amounts from any
legal source, public or private, that are designated for
deposit into the Fund.
(Source: P.A. 99-246, eff. 1-1-16; 99-501, eff. 3-18-16;
revised 3-21-16.)
Section 140. The State Police Act is amended by changing
Section 7 and by setting forth and renumbering multiple
versions of Section 40 as follows:
(20 ILCS 2610/7) (from Ch. 121, par. 307.7)
Sec. 7. As soon as practicable after the members of the
Board have been appointed, they shall meet and shall organize
by electing a chairman and a secretary. The initial chairman
and secretary, and their successors, shall be elected by the
Board from among its members for a term of two years or for the
remainder of their term of office as a member of the Board,
whichever which ever is the shorter. Three members of the Board
shall constitute a quorum for the transaction of business. The
Board shall hold regular quarterly meetings and such other
meetings as may be called by the chairman.
(Source: P.A. 80-1305; revised 10-5-16.)
(20 ILCS 2610/38)
Sec. 38 40. Disposal of medications. The Department may by
rule authorize State Police officers to dispose of any unused
medications under Section 18 of the Safe Pharmaceutical
Disposal Act.
(Source: P.A. 99-648, eff. 1-1-17; revised 10-4-16.)
(20 ILCS 2610/40)
Sec. 40. Training; administration of epinephrine.
(a) This Section, along with Section 10.19 of the Illinois
Police Training Act, may be referred to as the Annie LeGere
Law.
(b) For the purposes of this Section, "epinephrine
auto-injector" means a single-use device used for the automatic
injection of a pre-measured dose of epinephrine into the human
body prescribed in the name of the Department.
(c) The Department may conduct or approve a training
program for State Police officers to recognize and respond to
anaphylaxis, including, but not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Department.
(d) The Department may authorize a State Police officer who
has completed the training program under subsection (c) to
carry, administer, or assist with the administration of
epinephrine auto-injectors whenever he or she is performing
official duties.
(e) The Department must establish a written policy to
control the acquisition, storage, transportation,
administration, and disposal of epinephrine auto-injectors
before it allows any State Police officer to carry and
administer epinephrine auto-injectors.
(f) A physician, physician's assistant with prescriptive
authority, or advanced practice registered nurse with
prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of the
Department to be maintained for use when necessary.
(g) When a State Police officer administers epinephrine
auto-injector in good faith, the officer and the Department,
and its employees and agents, incur no liability, except for
willful and wanton conduct, as a result of any injury or death
arising from the use of an epinephrine auto-injector.
(Source: P.A. 99-711, eff. 1-1-17.)
Section 145. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement and sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),
(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),
(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),
(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),
(xii) Probation (730 ILCS 5/5-1-18),
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) brought against a defendant where the
defendant is not arrested prior to or as a direct
result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered by
a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury.
An order of supervision successfully completed by the
petitioner is not a conviction. An order of qualified
probation (as defined in subsection (a)(1)(J))
successfully completed by the petitioner is not a
conviction. An order of supervision or an order of
qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively considered
the "last sentence" regardless of whether they were
ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner was
charged or for which the petitioner was arrested and
released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief under
this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act, or Section 10 of the Steroid Control
Act. For the purpose of this Section, "successful
completion" of an order of qualified probation under
Section 10-102 of the Illinois Alcoholism and Other
Drug Dependency Act and Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act means that the
probation was terminated satisfactorily and the
judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act, but
any index issued by the circuit court clerk before the
entry of the order to seal shall not be affected.
(L) "Sexual offense committed against a minor"
includes but is not limited to the offenses of indecent
solicitation of a child or criminal sexual abuse when
the victim of such offense is under 18 years of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697) this amendatory Act of
the 99th General Assembly, the law enforcement agency
issuing the citation shall automatically expunge, on or
before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the law
enforcement agency issuing the citation. Commencing 180
days after July 29, 2016 (the effective date of Public Act
99-697) this amendatory Act of the 99th General Assembly,
the clerk of the circuit court shall expunge, upon order of
the court, or in the absence of a court order on or before
January 1 and July 1 of each year, the court records of a
person found in the circuit court to have committed a civil
law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the clerk's
possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the offender
has no other conviction for violating Section 11-501 or
11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance, except
Section 11-14 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012,
or Section 125 of the Stalking No Contact Order
Act, or Section 219 of the Civil No Contact Order
Act, or a similar provision of a local ordinance;
(iv) offenses which are Class A misdemeanors
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) the sealing of the records of an arrest which
results in the petitioner being charged with a felony
offense or records of a charge not initiated by arrest
for a felony offense unless:
(i) the charge is amended to a misdemeanor and
is otherwise eligible to be sealed pursuant to
subsection (c);
(ii) the charge is brought along with another
charge as a part of one case and the charge results
in acquittal, dismissal, or conviction when the
conviction was reversed or vacated, and another
charge brought in the same case results in a
disposition for a misdemeanor offense that is
eligible to be sealed pursuant to subsection (c) or
a disposition listed in paragraph (i), (iii), or
(iv) of this subsection;
(iii) the charge results in first offender
probation as set forth in subsection (c)(2)(E);
(iv) the charge is for a felony offense listed
in subsection (c)(2)(F) or the charge is amended to
a felony offense listed in subsection (c)(2)(F);
(v) the charge results in acquittal,
dismissal, or the petitioner's release without
conviction; or
(vi) the charge results in a conviction, but
the conviction was reversed or vacated.
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision of
a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Department, other criminal justice agencies, the
prosecutor, and the trial court concerning such arrest, if
any, by removing his or her name from all such records in
connection with the arrest and conviction, if any, and by
inserting in the records the name of the offender, if known
or ascertainable, in lieu of the aggrieved's name. The
records of the circuit court clerk shall be sealed until
further order of the court upon good cause shown and the
name of the aggrieved person obliterated on the official
index required to be kept by the circuit court clerk under
Section 16 of the Clerks of Courts Act, but the order shall
not affect any index issued by the circuit court clerk
before the entry of the order. Nothing in this Section
shall limit the Department of State Police or other
criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has
used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Department of State Police concerning the offense
shall not be sealed. The court, upon good cause shown,
shall make the records of the circuit court clerk in
connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear
and convincing evidence that the petitioner was factually
innocent of the charge, the court that finds the petitioner
factually innocent of the charge shall enter an expungement
order for the conviction for which the petitioner has been
determined to be innocent as provided in subsection (b) of
Section 5-5-4 of the Unified Code of Corrections.
(7) Nothing in this Section shall prevent the
Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, Section 70
of the Methamphetamine Control and Community Protection
Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Alcoholism and Other Drug Abuse and Dependency Act, or
Section 10 of the Steroid Control Act.
(8) If the petitioner has been granted a certificate of
innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and of
minors prosecuted as adults.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions for the following
offenses:
(i) Class 4 felony convictions for:
Prostitution under Section 11-14 of the
Criminal Code of 1961 or the Criminal Code of
2012.
Possession of cannabis under Section 4 of
the Cannabis Control Act.
Possession of a controlled substance under
Section 402 of the Illinois Controlled
Substances Act.
Offenses under the Methamphetamine
Precursor Control Act.
Offenses under the Steroid Control Act.
Theft under Section 16-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Retail theft under Section 16A-3 or
paragraph (a) of 16-25 of the Criminal Code of
1961 or the Criminal Code of 2012.
Deceptive practices under Section 17-1 of
the Criminal Code of 1961 or the Criminal Code
of 2012.
Forgery under Section 17-3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Possession of burglary tools under Section
19-2 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(ii) Class 3 felony convictions for:
Theft under Section 16-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Retail theft under Section 16A-3 or
paragraph (a) of 16-25 of the Criminal Code of
1961 or the Criminal Code of 2012.
Deceptive practices under Section 17-1 of
the Criminal Code of 1961 or the Criminal Code
of 2012.
Forgery under Section 17-3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Possession with intent to manufacture or
deliver a controlled substance under Section
401 of the Illinois Controlled Substances Act.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)).
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level Test
of General Educational Development, during the period
of his or her sentence, aftercare release, or mandatory
supervised release. This subparagraph shall apply only
to a petitioner who has not completed the same
educational goal prior to the period of his or her
sentence, aftercare release, or mandatory supervised
release. If a petition for sealing eligible records
filed under this subparagraph is denied by the court,
the time periods under subparagraph (B) or (C) shall
apply to any subsequent petition for sealing filed by
the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent felony
offense, order the unsealing of prior felony conviction
records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for the
sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. In a county of
3,000,000 or more inhabitants, no fee shall be required to
be paid by a petitioner if the records sought to be
expunged or sealed were arrests resulting in release
without charging or arrests or charges not initiated by
arrest resulting in acquittal, dismissal, or conviction
when the conviction was reversed or vacated, unless
excluded by subsection (a)(3)(B). The provisions of this
paragraph (1.5), other than this sentence, are inoperative
on and after January 1, 2018 or one year after January 1,
2017 (the effective date of Public Act 99-881) this
amendatory Act of the 99th General Assembly, whichever is
later.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph (10)
of subsection (a) of Section 3-3-2 of the Unified Code of
Corrections, the certificate shall be attached to the
petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, the Department of State Police,
the arresting agency and the chief legal officer of the
unit of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the basis
of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency, or
the chief legal officer files an objection to the
petition to expunge or seal within 60 days from the
date of service of the petition, the court shall enter
an order granting or denying the petition.
(7) Hearings. If an objection is filed, the court shall
set a date for a hearing and notify the petitioner and all
parties entitled to notice of the petition of the hearing
date at least 30 days prior to the hearing. Prior to the
hearing, the State's Attorney shall consult with the
Department as to the appropriateness of the relief sought
in the petition to expunge or seal. At the hearing, the
court shall hear evidence on whether the petition should or
should not be granted, and shall grant or deny the petition
to expunge or seal the records based on the evidence
presented at the hearing. The court may consider the
following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Department, in a form and manner
prescribed by the Department, to the petitioner, to the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, to the arresting agency, to the
chief legal officer of the unit of local government
effecting the arrest, and to such other criminal justice
agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Department, and any other agency as ordered by
the court, within 60 days of the date of service of
the order, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to
paragraph (12) of subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Department, or the agency
receiving such inquiry, shall reply as it does in
response to inquiries when no records ever
existed.
(B) Upon entry of an order to expunge records
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
pursuant to paragraph (12) of subsection (d) of
this Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
under paragraph (12) of subsection (d) of this
Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these records
from anyone not authorized by law to access the
records, the court, the Department, or the agency
receiving the inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Department, and the court
shall seal the records (as defined in subsection
(a)(1)(K)). In response to an inquiry for such records,
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(D) The Department shall send written notice to the
petitioner of its compliance with each order to expunge
or seal records within 60 days of the date of service
of that order or, if a motion to vacate, modify, or
reconsider is filed, within 60 days of service of the
order resolving the motion, if that order requires the
Department to expunge or seal records. In the event of
an appeal from the circuit court order, the Department
shall send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(10) Fees. The Department may charge the petitioner a
fee equivalent to the cost of processing any order to
expunge or seal records. Notwithstanding any provision of
the Clerks of Courts Act to the contrary, the circuit court
clerk may charge a fee equivalent to the cost associated
with the sealing or expungement of records by the circuit
court clerk. From the total filing fee collected for the
petition to seal or expunge, the circuit court clerk shall
deposit $10 into the Circuit Court Clerk Operation and
Administrative Fund, to be used to offset the costs
incurred by the circuit court clerk in performing the
additional duties required to serve the petition to seal or
expunge on all parties. The circuit court clerk shall
collect and forward the Department of State Police portion
of the fee to the Department and it shall be deposited in
the State Police Services Fund.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this Section
shall not be considered void because it fails to comply
with the provisions of this Section or because of any error
asserted in a motion to vacate, modify, or reconsider. The
circuit court retains jurisdiction to determine whether
the order is voidable and to vacate, modify, or reconsider
its terms based on a motion filed under paragraph (12) of
this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to notice
of the petition must fully comply with the terms of the
order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records until
there is a final order on the motion for relief or, in the
case of an appeal, the issuance of that court's mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5, 2013
(the effective date of Public Act 98-163) and to all orders
ruling on a petition to expunge or seal on or after August
5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the
arresting authority, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
99-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.
7-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
Section 150. The Illinois Uniform Conviction Information
Act is amended by changing Section 3 as follows:
(20 ILCS 2635/3) (from Ch. 38, par. 1603)
Sec. 3. Definitions. Whenever used in this Act, and for the
purposes of this Act, unless the context clearly indicates
otherwise:
(A) "Accurate" means factually correct, containing no
mistake or error of a material nature.
(B) The phrase "administer the criminal laws" includes any
of the following activities: intelligence gathering,
surveillance, criminal investigation, crime detection and
prevention (including research), apprehension, detention,
pretrial or post-trial release, prosecution, the correctional
supervision or rehabilitation of accused persons or criminal
offenders, criminal identification activities, data analysis
and research done by the sentencing commission, or the
collection, maintenance or dissemination of criminal history
record information.
(C) "The Authority" means the Illinois Criminal Justice
Information Authority.
(D) "Automated" means the utilization of computers,
telecommunication lines, or other automatic data processing
equipment for data collection or storage, analysis,
processing, preservation, maintenance, dissemination, or
display and is distinguished from a system in which such
activities are performed manually.
(E) "Complete" means accurately reflecting all the
criminal history record information about an individual that is
required to be reported to the Department pursuant to Section
2.1 of the Criminal Identification Act.
(F) "Conviction information" means data reflecting a
judgment of guilt or nolo contendere. The term includes all
prior and subsequent criminal history events directly relating
to such judgments, such as, but not limited to: (1) the
notation of arrest; (2) the notation of charges filed; (3) the
sentence imposed; (4) the fine imposed; and (5) all related
probation, parole, and release information. Information ceases
to be "conviction information" when a judgment of guilt is
reversed or vacated.
For purposes of this Act, continuances to a date certain in
furtherance of an order of supervision granted under Section
5-6-1 of the Unified Code of Corrections or an order of
probation granted under either Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and Community
Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961 or the Criminal Code of
2012, Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Alcoholism and Other Drug
Abuse and Dependency Act, or Section 10 of the Steroid Control
Act shall not be deemed "conviction information".
(G) "Criminal history record information" means data
identifiable to an individual, including information collected
under Section 4.5 of the Criminal Identification Act, and
consisting of descriptions or notations of arrests,
detentions, indictments, informations, pretrial proceedings,
trials, or other formal events in the criminal justice system
or descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and the
nature of any disposition arising therefrom, including
sentencing, court or correctional supervision, rehabilitation
and release. The term does not apply to statistical records and
reports in which individuals individual are not identified and
from which their identities are not ascertainable, or to
information that is for criminal investigative or intelligence
purposes.
(H) "Criminal justice agency" means (1) a government agency
or any subunit thereof which is authorized to administer the
criminal laws and which allocates a substantial part of its
annual budget for that purpose, or (2) an agency supported by
public funds which is authorized as its principal function to
administer the criminal laws and which is officially designated
by the Department as a criminal justice agency for purposes of
this Act.
(I) "The Department" means the Illinois Department of State
Police.
(J) "Director" means the Director of the Illinois
Department of State Police.
(K) "Disseminate" means to disclose or transmit conviction
information in any form, oral, written, or otherwise.
(L) "Exigency" means pending danger or the threat of
pending danger to an individual or property.
(M) "Non-criminal justice agency" means a State agency,
Federal agency, or unit of local government that is not a
criminal justice agency. The term does not refer to private
individuals, corporations, or non-governmental agencies or
organizations.
(M-5) "Request" means the submission to the Department, in
the form and manner required, the necessary data elements or
fingerprints, or both, to allow the Department to initiate a
search of its criminal history record information files.
(N) "Requester" means any private individual, corporation,
organization, employer, employment agency, labor organization,
or non-criminal justice agency that has made a request pursuant
to this Act to obtain conviction information maintained in the
files of the Department of State Police regarding a particular
individual.
(O) "Statistical information" means data from which the
identity of an individual cannot be ascertained,
reconstructed, or verified and to which the identity of an
individual cannot be linked by the recipient of the
information.
(P) "Sentencing commission" means the Sentencing Policy
Advisory Council.
(Source: P.A. 98-528, eff. 1-1-15; 99-880, eff. 8-22-16;
revised 10-27-16.)
Section 155. The Department of Veterans Affairs Act is
amended by changing Section 20 as follows:
(20 ILCS 2805/20)
Sec. 20. Illinois Discharged Servicemember Task Force. The
Illinois Discharged Servicemember Task Force is hereby created
within the Department of Veterans' Veterans Affairs. The Task
Force shall investigate the re-entry process for service
members who return to civilian life after being engaged in an
active theater. The investigation shall include the effects of
post-traumatic stress disorder, homelessness, disabilities,
and other issues the Task Force finds relevant to the re-entry
process. For fiscal year 2012, the Task Force shall include the
availability of prosthetics in its investigation. For fiscal
year 2014, the Task Force shall include the needs of women
veterans with respect to issues including, but not limited to,
compensation, rehabilitation, outreach, health care, and
issues facing women veterans in the community, and to offer
recommendations on how best to alleviate these needs which
shall be included in the Task Force Annual Report for 2014. The
Task Force shall include the following members:
(a) a representative of the Department of Veterans'
Veterans Affairs, who shall chair the committee;
(b) a representative from the Department of Military
Affairs;
(c) a representative from the Office of the Illinois
Attorney General;
(d) a member of the General Assembly appointed by the
Speaker of the House;
(e) a member of the General Assembly appointed by the
House Minority Leader;
(f) a member of the General Assembly appointed by the
President of the Senate;
(g) a member of the General Assembly appointed by the
Senate Minority Leader;
(h) 4 members chosen by the Department of Veterans'
Veterans Affairs, who shall represent statewide veterans'
organizations or veterans' homeless shelters;
(i) one member appointed by the Lieutenant Governor;
and
(j) a representative of the United States Department of
Veterans Affairs shall be invited to participate.
Vacancies in the Task Force shall be filled by the initial
appointing authority. Task Force members shall serve without
compensation, but may be reimbursed for necessary expenses
incurred in performing duties associated with the Task Force.
By July 1, 2008 and by July 1 of each year thereafter, the
Task Force shall present an annual report of its findings to
the Governor, the Attorney General, the Director of Veterans'
Affairs, the Lieutenant Governor, and the Secretary of the
United States Department of Veterans Affairs.
If the Task Force becomes inactive because active theaters
cease, the Director of Veterans' Veterans Affairs may
reactivate the Task Force if active theaters are reestablished.
(Source: P.A. 97-414, eff. 1-1-12; 98-310, eff. 8-12-13;
revised 9-8-16.)
Section 160. The Illinois Finance Authority Act is amended
by changing Section 825-65 and the heading of Article 835 as
follows:
(20 ILCS 3501/825-65)
Sec. 825-65. Clean Coal, Coal, Energy Efficiency, and
Renewable Energy Project Financing.
(a) Findings and declaration of policy.
(i) It is hereby found and declared that Illinois has
abundant coal resources and, in some areas of Illinois, the
demand for power exceeds the generating capacity.
Incentives to encourage the construction of coal-fueled
electric generating plants in Illinois to ensure power
generating capacity into the future and to advance clean
coal technology and the use of Illinois coal are in the
best interests of all of the citizens of Illinois.
(ii) It is further found and declared that Illinois has
abundant potential and resources to develop renewable
energy resource projects and that there are many
opportunities to invest in cost-effective energy
efficiency projects throughout the State. The development
of those projects will create jobs and investment as well
as decrease environmental impacts and promote energy
independence in Illinois. Accordingly, the development of
those projects is in the best interests of all of the
citizens of Illinois.
(iii) The Authority is authorized to issue bonds to
help finance Clean Coal, Coal, Energy Efficiency, and
Renewable Energy projects pursuant to this Section.
(b) Definitions.
(i) "Clean Coal Project" means (A) "clean coal
facility", as defined in Section 1-10 of the Illinois Power
Agency Act; (B) "clean coal SNG facility", as defined in
Section 1-10 of the Illinois Power Agency Act; (C)
transmission lines and associated equipment that transfer
electricity from points of supply to points of delivery for
projects described in this subsection (b); (D) pipelines or
other methods to transfer carbon dioxide from the point of
production to the point of storage or sequestration for
projects described in this subsection (b); or (E) projects
to provide carbon abatement technology for existing
generating facilities.
(ii) "Coal Project" means new electric generating
facilities or new gasification facilities, as defined in
Section 605-332 of the Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of
Illinois, which may include mine-mouth power plants,
projects that employ the use of clean coal technology,
projects to provide scrubber technology for existing
energy generating plants, or projects to provide electric
transmission facilities or new gasification facilities.
(iii) "Energy Efficiency Project" means measures that
reduce the amount of electricity or natural gas required to
achieve a given end use, consistent with Section 1-10 of
the Illinois Power Agency Act. "Energy Efficiency Project"
also includes measures that reduce the total Btus of
electricity and natural gas needed to meet the end use or
uses consistent with Section 1-10 of the Illinois Power
Agency Act.
(iv) "Renewable Energy Project" means (A) a project
that uses renewable energy resources, as defined in Section
1-10 of the Illinois Power Agency Act; (B) a project that
uses environmentally preferable technologies and practices
that result in improvements to the production of renewable
fuels, including but not limited to, cellulosic
conversion, water and energy conservation, fractionation,
alternative feedstocks, or reduced greenhouse green house
gas emissions; (C) transmission lines and associated
equipment that transfer electricity from points of supply
to points of delivery for projects described in this
subsection (b); or (D) projects that use technology for the
storage of renewable energy, including, without
limitation, the use of battery or electrochemical storage
technology for mobile or stationary applications.
(c) Creation of reserve funds. The Authority may establish
and maintain one or more reserve funds to enhance bonds issued
by the Authority for a Clean Coal Project, a Coal Project, an
Energy Efficiency Project, or a Renewable Energy Project. There
may be one or more accounts in these reserve funds in which
there may be deposited:
(1) any proceeds of the bonds issued by the Authority
required to be deposited therein by the terms of any
contract between the Authority and its bondholders or any
resolution of the Authority;
(2) any other moneys or funds of the Authority that it
may determine to deposit therein from any other source; and
(3) any other moneys or funds made available to the
Authority. Subject to the terms of any pledge to the owners
of any bonds, moneys in any reserve fund may be held and
applied to the payment of principal, premium, if any, and
interest of such bonds.
(d) Powers and duties. The Authority has the power:
(1) To issue bonds in one or more series pursuant to
one or more resolutions of the Authority for any Clean Coal
Project, Coal Project, Energy Efficiency Project, or
Renewable Energy Project authorized under this Section,
within the authorization set forth in subsection (e).
(2) To provide for the funding of any reserves or other
funds or accounts deemed necessary by the Authority in
connection with any bonds issued by the Authority.
(3) To pledge any funds of the Authority or funds made
available to the Authority that may be applied to such
purpose as security for any bonds or any guarantees,
letters of credit, insurance contracts or similar credit
support or liquidity instruments securing the bonds.
(4) To enter into agreements or contracts with third
parties, whether public or private, including, without
limitation, the United States of America, the State or any
department or agency thereof, to obtain any
appropriations, grants, loans or guarantees that are
deemed necessary or desirable by the Authority. Any such
guarantee, agreement or contract may contain terms and
provisions necessary or desirable in connection with the
program, subject to the requirements established by the
Act.
(5) To exercise such other powers as are necessary or
incidental to the foregoing.
(e) Clean Coal Project, Coal Project, Energy Efficiency
Project, and Renewable Energy Project bond authorization and
financing limits. In addition to any other bonds authorized to
be issued under Sections 801-40(w), 825-60, 830-25 and 845-5,
the Authority may have outstanding, at any time, bonds for the
purpose enumerated in this Section 825-65 in an aggregate
principal amount that shall not exceed $3,000,000,000, subject
to the following limitations: (i) up to $300,000,000 may be
issued to finance projects, as described in clause (C) of
subsection (b)(i) and clause (C) of subsection (b)(iv) of this
Section 825-65; (ii) up to $500,000,000 may be issued to
finance projects, as described in clauses (D) and (E) of
subsection (b)(i) of this Section 825-65; (iii) up to
$2,000,000,000 may be issued to finance Clean Coal Projects, as
described in clauses (A) and (B) of subsection (b)(i) of this
Section 825-65 and Coal Projects, as described in subsection
(b)(ii) of this Section 825-65; and (iv) up to $2,000,000,000
may be issued to finance Energy Efficiency Projects, as
described in subsection (b)(iii) of this Section 825-65 and
Renewable Energy Projects, as described in clauses (A), (B),
and (D) of subsection (b)(iii) of this Section 825-65. An
application for a loan financed from bond proceeds from a
borrower or its affiliates for a Clean Coal Project, a Coal
Project, Energy Efficiency Project, or a Renewable Energy
Project may not be approved by the Authority for an amount in
excess of $450,000,000 for any borrower or its affiliates. A
Clean Coal Project or Coal Project must be located within the
State. An Energy Efficiency Project may be located within the
State or outside the State, provided that, if the Energy
Efficiency Project is located outside of the State, it must be
owned, operated, leased, or managed by an entity located within
the State or any entity affiliated with an entity located
within the State. These bonds shall not constitute an
indebtedness or obligation of the State of Illinois and it
shall be plainly stated on the face of each bond that it does
not constitute an indebtedness or obligation of the State of
Illinois, but is payable solely from the revenues, income or
other assets of the Authority pledged therefor.
(f) The bonding authority granted under this Section is in
addition to and not limited by the provisions of Section 845-5.
(Source: P.A. 98-90, eff. 7-15-13; revised 9-8-16.)
(20 ILCS 3501/Art. 835 heading)
ARTICLE 835 .
VETERANS ASSISTANCE
(Source: P.A. 99-509, eff. 6-24-16; revised 10-26-16.)
Section 165. The Alton Lake Heritage Parkway Corridor Law
is amended by changing Section 1005 as follows:
(20 ILCS 3905/1005) (from Ch. 105, par. 905)
Sec. 1005. Advisory Commission. The State of Illinois, in
carrying forward its duties to preserve or enhance the quality
of this Parkway Corridor, shall establish the Alton Lake
Heritage Parkway Advisory Commission. Beginning on January 1,
1994 (the effective date of Public Act 88-274) this amendatory
Act of 1993, the Commission shall be known as, and its name
shall be changed to, the Alton Lake Heritage Parkway Corridor
Advisory Commission.
The Commission shall consist of 10 members, one each from
Alton and Godfrey Townships in Madison County, one each from
Quarry and Elsah Townships in Jersey County, one each from the
cities of Alton, Elsah, and Grafton, one from the Village of
Godfrey, and one each from Madison and Jersey Counties. The
Supervisor of each Township, the Mayor of each municipality,
and the County Board Chairman of each county shall appoint the
members from their respective township, municipality, or
county. The Mississippi River Parkway Advisory Council shall
serve as a technical advisory body to the Commission.
The Commission will develop a land management plan that it
will recommend to the General Assembly by November 1, 1992.
The plan shall be subject to a public informational meeting
prior to it being sent to the General Assembly. Thereafter the
Commission is authorized to facilitate, coordinate, make
recommendations for implementing, and assist in implementing
the land management plan in the parkway corridor and its
viewshed, conservation, and open land-agricultural cores.
The Commission may raise, accept, and expend funds from
public and private sources for the purpose of developing,
facilitating and coordinating and making recommendations for
the implementation of, and assisting in the implementation of,
the land management plan in the parkway corridor.
Using funds that it receives as authorized by this Section,
the Commission may select and contract with a multidiscipline
design consultant to assist the Commission in the design and
development of the parkway corridor.
The Commission is authorized to cooperate with
not-for-profit corporations empowered to establish trusts to
acquire and hold title to scenic easements and other interests
in land for the purposes of this Article and implementation of
the land management plan in the parkway corridor.
(Source: P.A. 87-215; 87-867; 87-964; 88-45; 88-274; revised
9-19-16.)
Section 170. The Illinois Health Facilities Planning Act is
amended by changing Section 8.5 as follows:
(20 ILCS 3960/8.5)
(Section scheduled to be repealed on December 31, 2019)
Sec. 8.5. Certificate of exemption for change of ownership
of a health care facility; discontinuation of a health care
facility or category of service; public notice and public
hearing.
(a) Upon a finding that an application for a change of
ownership is complete, the State Board shall publish a legal
notice on one day in a newspaper of general circulation in the
area or community to be affected and afford the public an
opportunity to request a hearing. If the application is for a
facility located in a Metropolitan Statistical Area, an
additional legal notice shall be published in a newspaper of
limited circulation, if one exists, in the area in which the
facility is located. If the newspaper of limited circulation is
published on a daily basis, the additional legal notice shall
be published on one day. The applicant shall pay the cost
incurred by the Board in publishing the change of ownership
notice in newspapers as required under this subsection. The
legal notice shall also be posted on the Health Facilities and
Services Review Board's web site and sent to the State
Representative and State Senator of the district in which the
health care facility is located. An application for change of
ownership of a hospital shall not be deemed complete without a
signed certification that for a period of 2 years after the
change of ownership transaction is effective, the hospital will
not adopt a charity care policy that is more restrictive than
the policy in effect during the year prior to the transaction.
An application for a change of ownership need not contain
signed transaction documents so long as it includes the
following key terms of the transaction: names and background of
the parties; structure of the transaction; the person who will
be the licensed or certified entity after the transaction; the
ownership or membership interests in such licensed or certified
entity both prior to and after the transaction; fair market
value of assets to be transferred; and the purchase price or
other form of consideration to be provided for those assets.
The issuance of the certificate of exemption shall be
contingent upon the applicant submitting a statement to the
Board within 90 days after the closing date of the transaction,
or such longer period as provided by the Board, certifying that
the change of ownership has been completed in accordance with
the key terms contained in the application. If such key terms
of the transaction change, a new application shall be required.
Where a change of ownership is among related persons, and
there are no other changes being proposed at the health care
facility that would otherwise require a permit or exemption
under this Act, the applicant shall submit an application
consisting of a standard notice in a form set forth by the
Board briefly explaining the reasons for the proposed change of
ownership. Once such an application is submitted to the Board
and reviewed by the Board staff, the Board Chair shall take
action on an application for an exemption for a change of
ownership among related persons within 45 days after the
application has been deemed complete, provided the application
meets the applicable standards under this Section. If the Board
Chair has a conflict of interest or for other good cause, the
Chair may request review by the Board. Notwithstanding any
other provision of this Act, for purposes of this Section, a
change of ownership among related persons means a transaction
where the parties to the transaction are under common control
or ownership before and after the transaction is completed.
Nothing in this Act shall be construed as authorizing the
Board to impose any conditions, obligations, or limitations,
other than those required by this Section, with respect to the
issuance of an exemption for a change of ownership, including,
but not limited to, the time period before which a subsequent
change of ownership of the health care facility could be
sought, or the commitment to continue to offer for a specified
time period any services currently offered by the health care
facility.
(a-3) Upon a finding that an application to close a health
care facility is complete, the State Board shall publish a
legal notice on 3 consecutive days in a newspaper of general
circulation in the area or community to be affected and afford
the public an opportunity to request a hearing. If the
application is for a facility located in a Metropolitan
Statistical Area, an additional legal notice shall be published
in a newspaper of limited circulation, if one exists, in the
area in which the facility is located. If the newspaper of
limited circulation is published on a daily basis, the
additional legal notice shall be published on 3 consecutive
days. The legal notice shall also be posted on the Health
Facilities and Services Review Board's web site and sent to the
State Representative and State Senator of the district in which
the health care facility is located. In addition, the health
care facility shall provide notice of closure to the local
media that the health care facility would routinely notify
about facility events. No later than 90 days after a
discontinuation of a health facility, the applicant must submit
a statement to the State Board certifying that the
discontinuation is complete.
(a-5) Upon a finding that an application to discontinue a
category of service is complete and provides the requested
information, as specified by the State Board, an exemption
shall be issued. No later than 30 days after the issuance of
the exemption, the health care facility must give written
notice of the discontinuation of the category of service to the
State Senator and State Representative serving the legislative
district in which the health care facility is located. No later
than 90 days after a discontinuation of a category of service,
the applicant must submit a statement to the State Board
certifying that the discontinuation is complete.
(b) If a public hearing is requested, it shall be held at
least 15 days but no more than 30 days after the date of
publication of the legal notice in the community in which the
facility is located. The hearing shall be held in the affected
area or community in a place of reasonable size and
accessibility and a full and complete written transcript of the
proceedings shall be made. All interested persons attending the
hearing shall be given a reasonable opportunity to present
their positions in writing or orally. The applicant shall
provide a summary of the proposal for distribution at the
public hearing.
(c) For the purposes of this Section "newspaper of limited
circulation" means a newspaper intended to serve a particular
or defined population of a specific geographic area within a
Metropolitan Statistical Area such as a municipality, town,
village, township, or community area, but does not include
publications of professional and trade associations.
(Source: P.A. 98-1086, eff. 8-26-14; 99-154, eff. 7-28-15;
99-527, eff. 1-1-17; 99-551, eff. 7-15-16; revised 9-13-16.)
Section 175. The Illinois Latino Family Commission Act is
amended by changing Section 5 as follows:
(20 ILCS 3983/5)
Sec. 5. Legislative findings Findings. It is the policy of
this State to promote family preservation and to strengthen
families.
Latinos are well represented among the families of
Illinois. The Illinois Latino population is the fifth largest
in the nation. Over 14% of the estimated 12,000,000 people that
live in Illinois are Latinos. According to the 2000 Census
figures, more than 1,750,000 Latinos make Illinois their home.
This figure represents a 69.2% increase from the 1990 Census
figures compared to about 3.5% for non-Latinos. The Latino
population explosion accounted for two-thirds of the total
population change in Illinois and it is visible throughout the
State.
In Cook County alone, the Latino population has increased
to about 1,071,740. In the 6 county region including Cook
County, nearly 69% of new residents were Hispanic. Roughly
23.7% of Kane County residents are Latino. In Lake County,
Latinos make up 14.4% of the total county population.
Latinos are not only the fastest growing ethnic group in
the State, they are also the youngest. The median age for
Latinos in Illinois is 25, compared to 36 for non-Latinos.
Despite unprecedented population growth, Latinos lag behind in
major indicators of well-being relative to education, health,
employment, and child welfare, as well as representation
throughout the State. Moreover, Latino children and families
present unique linguistic, cultural, and immigration issues
for the State.
Latinos have a well-established presence in the child
welfare system. Of the total 86,973 children that were reported
abused or neglected in Fiscal Year 2001, about 8,442 or 9.7%
were Hispanic children. About 25% of these hotline reports were
indicated, for a total of 2,155 Latino children in Fiscal Year
2001. As of August 2003, there were about 1,367 open Latino
child abuse cases in Illinois. This figure is only slightly
lower than the 1,491 open Latino child cases reported for the
previous fiscal year. Hispanic cases make up about 6% of all
open child cases (excluding adoption assistance and home of
parent living arrangement). Latino families receiving services
make up about 16% of all intact family cases. It is estimated
that between 60% and 80% of all Latino families involved with
the Illinois Department of Children Child and Family Services
(IDCFS) will need bilingual services at some point during the
time their case is open. However, IDCFS struggles to meet the
demand for bilingual services. There are similar examples
throughout the State demonstrating that Illinois lacks a
unified and comprehensive strategy for addressing the unique
needs of Latino families.
Latino families remain outside of the margins of
opportunities in the State. There are tremendous challenges
faced by Latino families and children in the State. Clearly,
the growing Latino presence demands that government, child and
family advocates, and other key stakeholders come together to
identify and implement policy strategies that can create an
infrastructure of support for Latino families in the State.
Building this needed infrastructure of policies must involve
multiple State agencies. The Illinois Latino Family Commission
shall lead the effort, advising the Governor and assisting
State agencies with this task.
(Source: P.A. 95-619, eff. 9-14-07; revised 9-16-16.)
Section 180. The Fair Practices in Contracting Task Force
Act is amended by changing Section 5 as follows:
(20 ILCS 5080/5)
(Section scheduled to be repealed on January 2, 2019)
Sec. 5. Purpose and members.
(a) There is created the Fair Practices in Contracting Task
Force to:
(1) thoroughly survey African-American-owned business
participation in State procurement;
(2) study African-American-owned subcontractors'
ability to be paid in a timely manner and the communication
processes between subcontractors and prime contractors and
the State;
(3) research solutions and methods to address the
disparity in procurement awards; and
(4) produce a final report summarizing the Task Force's
findings and detailing recommended statutory or
constitutional strategies to recognize best practices.
(b) The Task Force shall consist of the following members:
(1) One member of the House of Representatives,
appointed by the Speaker of the House of Representatives;
(2) One member of the House of Representatives,
appointed by the Minority Leader of the House of
Representatives;
(3) One member of the Senate, appointed by the
President of the Senate;
(4) One member of the Senate, appointed by the Minority
Leader of the Senate;
(5) Four members appointed by the Governor, 3 of whom
must be from the Department of Central Management Services,
the Department of Transportation, or the Department of
Healthcare Health and Family Services, and one of whom must
be a member of the Illinois African-American Family
Commission; and
(6) Four members of the public, representing
minority-owned businesses, appointed by the Governor.
(c) Members shall serve without compensation.
(Source: P.A. 99-451, eff. 6-1-16; revised 9-12-16.)
Section 185. The Judicial Note Act is amended by changing
Section 2 as follows:
(25 ILCS 60/2) (from Ch. 63, par. 42.62)
Sec. 2. The sponsor of each bill referred to in Section 1,
shall present a copy of the bill, with his requirements for a
judicial note, to the Supreme Court. The judicial note shall be
prepared by the Supreme Court and furnished to the sponsor of
the bill within 5 calendar days thereafter; except that
whenever, because of the complexity of the measure, additional
time is required for the preparation of the judicial note the
Supreme Court may so inform the sponsor of the bill and he may
approve an extension of the time within which the note should
be furnished, not to extend, however, beyond June 15 the odd
numbered year following the date of request. Whenever any
measure by which a judicial note is requested affects effects
more than one county, circuit, or judicial district, such
effect must be set forth in the judicial note.
(Source: P.A. 84-1395; revised 9-6-16.)
Section 190. The Housing Affordability Impact Note Act is
amended by changing Section 10 as follows:
(25 ILCS 82/10)
Sec. 10. Preparation. The sponsor of each bill, or the
agency proposing a rule, to which Section Sec. 5 applies, shall
present a copy of the bill or proposed rule, with the request
for a housing affordability impact note, to the Illinois
Housing Development Authority. The housing affordability
impact note shall be prepared by the Illinois Housing
Development Authority and submitted to the sponsor of the bill
or the agency within 5 calendar days, except that whenever,
because of the complexity of the measure, additional time is
required for the preparation of the housing affordability
impact note, the Illinois Housing Development Authority may
inform the sponsor of the bill or the agency, and the sponsor
or agency may approve an extension of the time within which the
note is to be submitted, not to extend, however, beyond June
15, following the date of the request. The Illinois Housing
Development Authority may seek assistance from a Statewide
trade organization representing the real estate or home
building industry in the preparation of a housing affordability
impact note. If, in the opinion of the Illinois Housing
Development Authority, there is insufficient information to
prepare a reliable estimate of the anticipated impact, a
statement to that effect can be filed and shall meet the
requirements of this Act.
(Source: P.A. 87-1149; 88-61; revised 9-7-16.)
Section 195. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.595 and
5.875 and by changing Sections 6z-9 and 8g as follows:
(30 ILCS 105/5.595)
Sec. 5.595. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 99-576,
eff. 7-15-16.)
(30 ILCS 105/5.595a)
Sec. 5.595a 5.595. The Local Legacy Fund.
(Source: P.A. 93-328, eff. 1-1-04; revised 10-4-16.)
(30 ILCS 105/5.874)
Sec. 5.874 5.875. The Child Bereavement Fund.
(Source: P.A. 99-703, eff. 7-29-16; revised 10-4-16.)
(30 ILCS 105/5.875)
Sec. 5.875. The Roadside Monarch Habitat Fund.
(Source: P.A. 99-723, eff. 8-5-16.)
(30 ILCS 105/5.876)
Sec. 5.876 5.875. The State Military Justice Fund.
(Source: P.A. 99-796, eff. 1-1-17; revised 10-4-16.)
(30 ILCS 105/6z-9) (from Ch. 127, par. 142z-9)
Sec. 6z-9. (a) The Build Illinois Fund is created in the
State Treasury. All tax revenues and other moneys from whatever
source which by law are required to be deposited in the Build
Illinois Fund shall be paid into the Build Illinois Fund upon
their collection, payment or other receipt as provided by law,
including the pledge set forth in Section 12 of the Build
Illinois Bond Act. All tax revenues and other moneys paid into
the Build Illinois Fund shall be promptly invested by the State
Treasurer in accordance with law, and all interest or other
earnings accruing or received thereon shall be credited to and
paid into the Build Illinois Fund. No tax revenues or other
moneys, interest or earnings paid into the Build Illinois Fund
shall be transferred or allocated by the Comptroller or
Treasurer to any other fund, nor shall the Governor authorize
any such transfer or allocation, nor shall any tax revenues or
other moneys, interest or earnings paid into the Build Illinois
Fund be used, temporarily or otherwise, for interfund
borrowing, or be otherwise used or appropriated, except as
expressly authorized and provided in Section 8.25 of this Act
for the sole purposes and subject to the priorities,
limitations and conditions prescribed therein.
(b) The tax revenues and other moneys shall be paid into
the Build Illinois Fund pursuant to Section 6z-17 of this Act,
Section 28 of the "Illinois Horse Racing Act of 1975", as
amended, Section 9 of the "Use Tax Act", as amended, Section 9
of the "Service Use Tax Act", as amended, Section 9 of the
"Service Occupation Tax Act", as amended, Section 3 of the
"Retailers' Occupation Tax Act", as amended, Section 4.05 of
the "Chicago World's Fair - 1992 Authority Act", as amended,
and Sections 3 and 6 of the "The Hotel Operators' Occupation
Tax Act", as amended.
(Source: P.A. 91-51, eff. 6-30-99; revised 9-8-16.)
(30 ILCS 105/8g)
Sec. 8g. Fund transfers.
(a) In addition to any other transfers that may be provided
for by law, as soon as may be practical after June 9, 1999 (the
effective date of Public Act 91-25) this amendatory Act of the
91st General Assembly, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $10,000,000 from
the General Revenue Fund to the Motor Vehicle License Plate
Fund created by Public Act 91-37 Senate Bill 1028 of the 91st
General Assembly.
(b) In addition to any other transfers that may be provided
for by law, as soon as may be practical after June 9, 1999 (the
effective date of Public Act 91-25) this amendatory Act of the
91st General Assembly, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $25,000,000 from
the General Revenue Fund to the Fund for Illinois' Future
created by Public Act 91-38 Senate Bill 1066 of the 91st
General Assembly.
(c) In addition to any other transfers that may be provided
for by law, on August 30 of each fiscal year's license period,
the Illinois Liquor Control Commission shall direct and the
State Comptroller and State Treasurer shall transfer from the
General Revenue Fund to the Youth Alcoholism and Substance
Abuse Prevention Fund an amount equal to the number of retail
liquor licenses issued for that fiscal year multiplied by $50.
(d) The payments to programs required under subsection (d)
of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
be made, pursuant to appropriation, from the special funds
referred to in the statutes cited in that subsection, rather
than directly from the General Revenue Fund.
Beginning January 1, 2000, on the first day of each month,
or as soon as may be practical thereafter, the State
Comptroller shall direct and the State Treasurer shall transfer
from the General Revenue Fund to each of the special funds from
which payments are to be made under Section 28.1(d) of the
Illinois Horse Racing Act of 1975 an amount equal to 1/12 of
the annual amount required for those payments from that special
fund, which annual amount shall not exceed the annual amount
for those payments from that special fund for the calendar year
1998. The special funds to which transfers shall be made under
this subsection (d) include, but are not necessarily limited
to, the Agricultural Premium Fund; the Metropolitan
Exposition, Auditorium and Office Building Fund; the Fair and
Exposition Fund; the Illinois Standardbred Breeders Fund; the
Illinois Thoroughbred Breeders Fund; and the Illinois
Veterans' Rehabilitation Fund.
(e) In addition to any other transfers that may be provided
for by law, as soon as may be practical after May 17, 2000 (the
effective date of Public Act 91-704) this amendatory Act of the
91st General Assembly, but in no event later than June 30,
2000, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $15,000,000 from the
General Revenue Fund to the Fund for Illinois' Future.
(f) In addition to any other transfers that may be provided
for by law, as soon as may be practical after May 17, 2000 (the
effective date of Public Act 91-704) this amendatory Act of the
91st General Assembly, but in no event later than June 30,
2000, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $70,000,000 from the
General Revenue Fund to the Long-Term Care Provider Fund.
(f-1) In fiscal year 2002, in addition to any other
transfers that may be provided for by law, at the direction of
and upon notification from the Governor, the State Comptroller
shall direct and the State Treasurer shall transfer amounts not
exceeding a total of $160,000,000 from the General Revenue Fund
to the Long-Term Care Provider Fund.
(g) In addition to any other transfers that may be provided
for by law, on July 1, 2001, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
(h) In each of fiscal years 2002 through 2004, but not
thereafter, in addition to any other transfers that may be
provided for by law, the State Comptroller shall direct and the
State Treasurer shall transfer $5,000,000 from the General
Revenue Fund to the Tourism Promotion Fund.
(i) On or after July 1, 2001 and until May 1, 2002, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2002.
(i-1) On or after July 1, 2002 and until May 1, 2003, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2003.
(j) On or after July 1, 2001 and no later than June 30,
2002, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Statistical Services Revolving Fund:
From the General Revenue Fund.................$8,450,000
From the Public Utility Fund..................1,700,000
From the Transportation Regulatory Fund.......2,650,000
From the Title III Social Security and
Employment Fund..............................3,700,000
From the Professions Indirect Cost Fund.......4,050,000
From the Underground Storage Tank Fund........550,000
From the Agricultural Premium Fund............750,000
From the State Pensions Fund..................200,000
From the Road Fund............................2,000,000
From the Illinois Health Facilities
Planning Fund................................1,000,000
From the Savings and Residential Finance
Regulatory Fund..............................130,800
From the Appraisal Administration Fund........28,600
From the Pawnbroker Regulation Fund...........3,600
From the Auction Regulation
Administration Fund..........................35,800
From the Bank and Trust Company Fund..........634,800
From the Real Estate License
Administration Fund..........................313,600
(k) In addition to any other transfers that may be provided
for by law, as soon as may be practical after December 20, 2001
(the effective date of Public Act 92-505) this amendatory Act
of the 92nd General Assembly, the State Comptroller shall
direct and the State Treasurer shall transfer the sum of
$2,000,000 from the General Revenue Fund to the Teachers Health
Insurance Security Fund.
(k-1) In addition to any other transfers that may be
provided for by law, on July 1, 2002, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
(k-2) In addition to any other transfers that may be
provided for by law, on July 1, 2003, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
(k-3) On or after July 1, 2002 and no later than June 30,
2003, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Statistical Services Revolving Fund:
Appraisal Administration Fund.................$150,000
General Revenue Fund..........................10,440,000
Savings and Residential Finance
Regulatory Fund...........................200,000
State Pensions Fund...........................100,000
Bank and Trust Company Fund...................100,000
Professions Indirect Cost Fund................3,400,000
Public Utility Fund...........................2,081,200
Real Estate License Administration Fund.......150,000
Title III Social Security and
Employment Fund...........................1,000,000
Transportation Regulatory Fund................3,052,100
Underground Storage Tank Fund.................50,000
(l) In addition to any other transfers that may be provided
for by law, on July 1, 2002, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(m) In addition to any other transfers that may be provided
for by law, on July 1, 2002 and on January 8, 2004 (the
effective date of Public Act 93-648) this amendatory Act of the
93rd General Assembly, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
(n) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,800,000 from the General
Revenue Fund to the DHS Recoveries Trust Fund.
(o) On or after July 1, 2003, and no later than June 30,
2004, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Vehicle Inspection Fund:
From the Underground Storage Tank Fund .......$35,000,000.
(p) On or after July 1, 2003 and until May 1, 2004, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred from the Tobacco Settlement Recovery Fund to the
General Revenue Fund at the direction of and upon notification
from the Governor, but in any event on or before June 30, 2004.
(q) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Illinois Military Family Relief Fund.
(r) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,922,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(s) In addition to any other transfers that may be provided
for by law, on or after July 1, 2003, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$4,800,000 from the Statewide Economic Development Fund to the
General Revenue Fund.
(t) In addition to any other transfers that may be provided
for by law, on or after July 1, 2003, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$50,000,000 from the General Revenue Fund to the Budget
Stabilization Fund.
(u) On or after July 1, 2004 and until May 1, 2005, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2005.
(v) In addition to any other transfers that may be provided
for by law, on July 1, 2004, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
(w) In addition to any other transfers that may be provided
for by law, on July 1, 2004, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,445,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(x) In addition to any other transfers that may be provided
for by law, on January 15, 2005, or as soon thereafter as may
be practical, the State Comptroller shall direct and the State
Treasurer shall transfer to the General Revenue Fund the
following sums:
From the State Crime Laboratory Fund, $200,000;
From the State Police Wireless Service Emergency Fund,
$200,000;
From the State Offender DNA Identification System
Fund, $800,000; and
From the State Police Whistleblower Reward and
Protection Fund, $500,000.
(y) Notwithstanding any other provision of law to the
contrary, in addition to any other transfers that may be
provided for by law on June 30, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the remaining balance from
the designated funds into the General Revenue Fund and any
future deposits that would otherwise be made into these funds
must instead be made into the General Revenue Fund:
(1) the Keep Illinois Beautiful Fund;
(2) the Metropolitan Fair and Exposition Authority
Reconstruction Fund;
(3) the New Technology Recovery Fund;
(4) the Illinois Rural Bond Bank Trust Fund;
(5) the ISBE School Bus Driver Permit Fund;
(6) the Solid Waste Management Revolving Loan Fund;
(7) the State Postsecondary Review Program Fund;
(8) the Tourism Attraction Development Matching Grant
Fund;
(9) the Patent and Copyright Fund;
(10) the Credit Enhancement Development Fund;
(11) the Community Mental Health and Developmental
Disabilities Services Provider Participation Fee Trust
Fund;
(12) the Nursing Home Grant Assistance Fund;
(13) the By-product Material Safety Fund;
(14) the Illinois Student Assistance Commission Higher
EdNet Fund;
(15) the DORS State Project Fund;
(16) the School Technology Revolving Fund;
(17) the Energy Assistance Contribution Fund;
(18) the Illinois Building Commission Revolving Fund;
(19) the Illinois Aquaculture Development Fund;
(20) the Homelessness Prevention Fund;
(21) the DCFS Refugee Assistance Fund;
(22) the Illinois Century Network Special Purposes
Fund; and
(23) the Build Illinois Purposes Fund.
(z) In addition to any other transfers that may be provided
for by law, on July 1, 2005, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
(aa) In addition to any other transfers that may be
provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $9,000,000 from
the General Revenue Fund to the Presidential Library and Museum
Operating Fund.
(bb) In addition to any other transfers that may be
provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $6,803,600 from
the General Revenue Fund to the Securities Audit and
Enforcement Fund.
(cc) In addition to any other transfers that may be
provided for by law, on or after July 1, 2005 and until May 1,
2006, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2006.
(dd) In addition to any other transfers that may be
provided for by law, on April 1, 2005, or as soon thereafter as
may be practical, at the direction of the Director of Public
Aid (now Director of Healthcare and Family Services), the State
Comptroller shall direct and the State Treasurer shall transfer
from the Public Aid Recoveries Trust Fund amounts not to exceed
$14,000,000 to the Community Mental Health Medicaid Trust Fund.
(ee) Notwithstanding any other provision of law, on July 1,
2006, or as soon thereafter as practical, the State Comptroller
shall direct and the State Treasurer shall transfer the
remaining balance from the Illinois Civic Center Bond Fund to
the Illinois Civic Center Bond Retirement and Interest Fund.
(ff) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Director of the Governor's Office of Management and Budget, the
State Comptroller shall direct and the State Treasurer shall
transfer amounts not exceeding a total of $1,900,000 from the
General Revenue Fund to the Illinois Capital Revolving Loan
Fund.
(gg) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until May 1,
2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2007.
(hh) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
DCFS Children's Services Fund.................$2,200,000
Department of Corrections Reimbursement
and Education Fund........................$1,500,000
Supplemental Low-Income Energy
Assistance Fund..............................$75,000
(ii) In addition to any other transfers that may be
provided for by law, on or before August 31, 2006, the Governor
and the State Comptroller may agree to transfer the surplus
cash balance from the General Revenue Fund to the Budget
Stabilization Fund and the Pension Stabilization Fund in equal
proportions. The determination of the amount of the surplus
cash balance shall be made by the Governor, with the
concurrence of the State Comptroller, after taking into account
the June 30, 2006 balances in the general funds and the actual
or estimated spending from the general funds during the lapse
period. Notwithstanding the foregoing, the maximum amount that
may be transferred under this subsection (ii) is $50,000,000.
(jj) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,250,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(kk) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(ll) In addition to any other transfers that may be
provided for by law, on the first day of each calendar quarter
of the fiscal year beginning July 1, 2006, or as soon
thereafter as practical, the State Comptroller shall direct and
the State Treasurer shall transfer from the General Revenue
Fund amounts equal to one-fourth of $20,000,000 to the
Renewable Energy Resources Trust Fund.
(mm) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,320,000 from the General
Revenue Fund to the I-FLY Fund.
(nn) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the African-American HIV/AIDS Response Fund.
(oo) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts identified as net receipts
from the sale of all or part of the Illinois Student Assistance
Commission loan portfolio from the Student Loan Operating Fund
to the General Revenue Fund. The maximum amount that may be
transferred pursuant to this Section is $38,800,000. In
addition, no transfer may be made pursuant to this Section that
would have the effect of reducing the available balance in the
Student Loan Operating Fund to an amount less than the amount
remaining unexpended and unreserved from the total
appropriations from the Fund estimated to be expended for the
fiscal year. The State Treasurer and Comptroller shall transfer
the amounts designated under this Section as soon as may be
practical after receiving the direction to transfer from the
Governor.
(pp) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $2,000,000 from the General
Revenue Fund to the Illinois Veterans Assistance Fund.
(qq) In addition to any other transfers that may be
provided for by law, on and after July 1, 2007 and until May 1,
2008, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2008.
(rr) In addition to any other transfers that may be
provided for by law, on and after July 1, 2007 and until June
30, 2008, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
DCFS Children's Services Fund.................$2,200,000
Department of Corrections Reimbursement
and Education Fund........................$1,500,000
Supplemental Low-Income Energy
Assistance Fund..............................$75,000
(ss) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,250,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(tt) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(uu) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,320,000 from the General
Revenue Fund to the I-FLY Fund.
(vv) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the African-American HIV/AIDS Response Fund.
(ww) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,500,000 from the General
Revenue Fund to the Predatory Lending Database Program Fund.
(xx) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(yy) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $4,000,000 from the General
Revenue Fund to the Digital Divide Elimination Infrastructure
Fund.
(zz) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(aaa) In addition to any other transfers that may be
provided for by law, on and after July 1, 2008 and until May 1,
2009, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2009.
(bbb) In addition to any other transfers that may be
provided for by law, on and after July 1, 2008 and until June
30, 2009, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
DCFS Children's Services Fund.............$2,200,000
Department of Corrections Reimbursement
and Education Fund........................$1,500,000
Supplemental Low-Income Energy
Assistance Fund..............................$75,000
(ccc) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $7,450,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(ddd) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(eee) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(fff) In addition to any other transfers that may be
provided for by law, on and after July 1, 2009 and until May 1,
2010, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2010.
(ggg) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $7,450,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(hhh) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(iii) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $100,000 from the General
Revenue Fund to the Heartsaver AED Fund.
(jjj) In addition to any other transfers that may be
provided for by law, on and after July 1, 2009 and until June
30, 2010, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$17,000,000 from the General Revenue Fund to the DCFS
Children's Services Fund.
(lll) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Communications Revolving Fund.
(mmm) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $9,700,000 from the General
Revenue Fund to the Senior Citizens Real Estate Deferred Tax
Revolving Fund.
(nnn) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $565,000 from the FY09
Budget Relief Fund to the Horse Racing Fund.
(ooo) In addition to any other transfers that may be
provided by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $600,000 from the General
Revenue Fund to the Temporary Relocation Expenses Revolving
Fund.
(ppp) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(qqq) In addition to any other transfers that may be
provided for by law, on and after July 1, 2010 and until May 1,
2011, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2011.
(rrr) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,675,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(sss) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(ttt) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $100,000 from the General
Revenue Fund to the Heartsaver AED Fund.
(uuu) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Communications Revolving Fund.
(vvv) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the Illinois Capital Revolving Loan Fund.
(www) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $17,000,000 from the
General Revenue Fund to the DCFS Children's Services Fund.
(xxx) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $2,000,000 from the Digital
Divide Elimination Infrastructure Fund, of which $1,000,000
shall go to the Workforce, Technology, and Economic Development
Fund and $1,000,000 to the Public Utility Fund.
(yyy) In addition to any other transfers that may be
provided for by law, on and after July 1, 2011 and until May 1,
2012, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2012.
(zzz) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,000,000 from the General
Revenue Fund to the Illinois Veterans Assistance Fund.
(aaaa) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,000,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(bbbb) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(cccc) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $14,100,000 from the
General Revenue Fund to the State Garage Revolving Fund.
(dddd) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $4,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(eeee) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Senior Citizens Real Estate Deferred Tax
Revolving Fund.
(Source: P.A. 96-45, eff. 7-15-09; 96-820, eff. 11-18-09;
96-959, eff. 7-1-10; 97-72, eff. 7-1-11; 97-641, eff. 12-19-11;
revised 9-8-16.)
Section 200. The Natural Heritage Fund Act is amended by
changing Section 5 as follows:
(30 ILCS 150/5) (from Ch. 105, par. 735)
Sec. 5. Interest proceeds Proceeds. The Governor shall
request and the General Assembly may annually appropriate from
the Natural Heritage Fund an amount not to exceed to the annual
investment income earned by the Trust Fund to the Department
and any portion of the investment income earned in preceding
years that was not transferred for the purposes set forth in
Section 4. Upon the Director's request, the Comptroller and the
State Treasurer shall transfer amounts not to exceed the actual
investment income earned from the Trust Fund to the Natural
Heritage Fund from time to time as needed for expenditures from
the Natural Heritage Fund in accordance with appropriations.
(Source: P.A. 87-1197; revised 9-7-16.)
Section 205. The Illinois Procurement Code is amended by
changing Sections 40-30 and 45-67 as follows:
(30 ILCS 500/40-30)
Sec. 40-30. Purchase option. Initial leases of all space in
entire, free-standing buildings shall include an option to
purchase exercisable exerciseable by the State, unless the
purchasing officer determines that inclusion of such purchase
option is not in the State's best interest and makes that
determination in writing along with the reasons for making that
determination and publishes the written determination in the
appropriate volume of the Illinois Procurement Bulletin.
Leases from governmental units and not-for-profit entities are
exempt from the requirements of this Section.
(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised
9-9-16.)
(30 ILCS 500/45-67)
Sec. 45-67. Encouragement to hire qualified veterans. A
chief procurement officer may, as part of any solicitation,
encourage potential contractors to consider hiring qualified
veterans and to notify them of any available financial
incentives or other advantages associated with hiring such
persons. In establishing internal guidelines in furtherance of
this Section, the Department of Central Management Services may
work with an interagency advisory committee consisting of
representatives from the Department of Veterans' Veterans
Affairs, the Department of Employment Security, the Department
of Commerce and Economic Opportunity, and the Department of
Revenue and consisting of 8 members of the General Assembly, 2
of whom are appointed by the Speaker of the House of
Representatives, 2 of whom are appointed by the President of
the Senate, 2 of whom are appointed by the Minority Leader of
the House of Representatives, and 2 of whom are appointed by
the Minority Leader of the Senate.
For the purposes of this Section, "qualified veteran" means
an Illinois resident who: (i) was a member of the Armed Forces
of the United States, a member of the Illinois National Guard,
or a member of any reserve component of the Armed Forces of the
United States; (ii) served on active duty in connection with
Operation Desert Storm, Operation Enduring Freedom, or
Operation Iraqi Freedom; and (iii) was honorably discharged.
The Department of Central Management Services must report
to the Governor and to the General Assembly by December 31 of
each year on the activities undertaken by chief procurement
officers and the Department of Central Management Services to
encourage potential contractors to consider hiring qualified
veterans. The report must include the number of vendors who
have hired qualified veterans.
(Source: P.A. 98-1076, eff. 1-1-15; revised 9-9-16.)
Section 210. The Grant Accountability and Transparency Act
is amended by changing Section 75 as follows:
(30 ILCS 708/75)
(Section scheduled to be repealed on July 16, 2020)
Sec. 75. State program exceptions.
(a) With the exception of the audit requirements set forth
in 2 CFR 200.102, exceptions may be allowed for classes of
State or federal pass-through awards or non-federal entities
subject to the requirements of this Act when such exceptions
are not prohibited by State or federal law. However, in the
interest of maximum uniformity, exceptions from the
requirements of this Act shall be permitted only in unusual or
exceptional circumstances.
(b) The Governor's Office of Management and Budget, with
the advice and technical assistance of the Illinois Single
Audit Commission, shall adopt rules governing the criteria that
shall be used to determine when an exception may be issued. The
Governor's Office of Management and Budget shall publish any
allowed exceptions in the Catalog Catalogue of State Financial
Assistance within 30 days of the exception being allowed.
(Source: P.A. 98-706, eff. 7-16-14; revised 9-9-16.)
Section 215. The State Mandates Act is amended by changing
Sections 7 and 8.40 as follows:
(30 ILCS 805/7) (from Ch. 85, par. 2207)
Sec. 7. Review of existing mandates.
(a) Beginning with the 2019 catalog and every other year
thereafter, concurrently with, or within 3 months subsequent to
the publication of a catalog of State mandates as prescribed in
subsection (b) of Section 4, the Department shall submit to the
Governor and the General Assembly a review and report on
mandates enacted in the previous 2 years and remaining in
effect at the time of submittal of the report. The Department
may fulfill its responsibilities for compiling the report by
entering into a contract for service.
Beginning with the 2017 catalog and every 10 years
thereafter, concurrently with, or within 3 months subsequent to
the publication of a catalog of State mandates as prescribed in
subsection (b) of Section 4, the Department shall submit to the
Governor and the General Assembly a review and report on all
effective mandates at the time of submittal of the reports.
(b) The report shall include for each mandate the factual
information specified in subsection (b) of Section 4 for the
catalog. The report may also include the following: (1) extent
to which the enactment of the mandate was requested, supported,
encouraged or opposed by local governments or their respective
organization; (2) whether the mandate continues to meet a
Statewide policy objective or has achieved the initial policy
intent in whole or in part; (3) amendments if any are required
to make the mandate more effective; (4) whether the mandate
should be retained or rescinded; (5) whether State financial
participation in helping meet the identifiable increased local
costs arising from the mandate should be initiated, and if so,
recommended ratios and phasing-in schedules; and (6) any other
information or recommendations which the Department considers
pertinent; and (7) any comments about the mandate submitted by
affected units of government.
(c) The appropriate committee of each house of the General
Assembly shall review the report and shall initiate such
legislation or other action as it deems necessary.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader, the
Secretary of the Senate, the members of the committees required
to review the report under subsection (c) and the Legislative
Research Unit, as required by Section 3.1 of the General
Assembly Organization Act "An Act to revise the law in relation
to the General Assembly", approved February 25, 1874, as
amended, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 99-789, eff. 8-12-16; revised 10-25-16.)
(30 ILCS 805/8.40)
Sec. 8.40. Exempt mandate.
(a) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 99-683, 99-745, or 99-905
this amendatory Act of the 99th General Assembly.
(b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Section 40 of the State Police Act
and Section 10.19 of the Illinois Police Training Act.
(Source: P.A. 99-683, eff. 7-29-16; 99-711, eff. 1-1-17;
99-745, eff. 8-5-16; 99-905, eff. 11-29-16; revised 12-7-16.)
Section 220. The Illinois Income Tax Act is amended by
changing Sections 304, 507GG, and 709.5 as follows:
(35 ILCS 5/304) (from Ch. 120, par. 3-304)
Sec. 304. Business income of persons other than residents.
(a) In general. The business income of a person other than
a resident shall be allocated to this State if such person's
business income is derived solely from this State. If a person
other than a resident derives business income from this State
and one or more other states, then, for tax years ending on or
before December 30, 1998, and except as otherwise provided by
this Section, such person's business income shall be
apportioned to this State by multiplying the income by a
fraction, the numerator of which is the sum of the property
factor (if any), the payroll factor (if any) and 200% of the
sales factor (if any), and the denominator of which is 4
reduced by the number of factors other than the sales factor
which have a denominator of zero and by an additional 2 if the
sales factor has a denominator of zero. For tax years ending on
or after December 31, 1998, and except as otherwise provided by
this Section, persons other than residents who derive business
income from this State and one or more other states shall
compute their apportionment factor by weighting their
property, payroll, and sales factors as provided in subsection
(h) of this Section.
(1) Property factor.
(A) The property factor is a fraction, the numerator of
which is the average value of the person's real and
tangible personal property owned or rented and used in the
trade or business in this State during the taxable year and
the denominator of which is the average value of all the
person's real and tangible personal property owned or
rented and used in the trade or business during the taxable
year.
(B) Property owned by the person is valued at its
original cost. Property rented by the person is valued at 8
times the net annual rental rate. Net annual rental rate is
the annual rental rate paid by the person less any annual
rental rate received by the person from sub-rentals.
(C) The average value of property shall be determined
by averaging the values at the beginning and ending of the
taxable year but the Director may require the averaging of
monthly values during the taxable year if reasonably
required to reflect properly the average value of the
person's property.
(2) Payroll factor.
(A) The payroll factor is a fraction, the numerator of
which is the total amount paid in this State during the
taxable year by the person for compensation, and the
denominator of which is the total compensation paid
everywhere during the taxable year.
(B) Compensation is paid in this State if:
(i) The individual's service is performed entirely
within this State;
(ii) The individual's service is performed both
within and without this State, but the service
performed without this State is incidental to the
individual's service performed within this State; or
(iii) Some of the service is performed within this
State and either the base of operations, or if there is
no base of operations, the place from which the service
is directed or controlled is within this State, or the
base of operations or the place from which the service
is directed or controlled is not in any state in which
some part of the service is performed, but the
individual's residence is in this State.
(iv) Compensation paid to nonresident professional
athletes.
(a) General. The Illinois source income of a
nonresident individual who is a member of a
professional athletic team includes the portion of the
individual's total compensation for services performed
as a member of a professional athletic team during the
taxable year which the number of duty days spent within
this State performing services for the team in any
manner during the taxable year bears to the total
number of duty days spent both within and without this
State during the taxable year.
(b) Travel days. Travel days that do not involve
either a game, practice, team meeting, or other similar
team event are not considered duty days spent in this
State. However, such travel days are considered in the
total duty days spent both within and without this
State.
(c) Definitions. For purposes of this subpart
(iv):
(1) The term "professional athletic team"
includes, but is not limited to, any professional
baseball, basketball, football, soccer, or hockey
team.
(2) The term "member of a professional
athletic team" includes those employees who are
active players, players on the disabled list, and
any other persons required to travel and who travel
with and perform services on behalf of a
professional athletic team on a regular basis.
This includes, but is not limited to, coaches,
managers, and trainers.
(3) Except as provided in items (C) and (D) of
this subpart (3), the term "duty days" means all
days during the taxable year from the beginning of
the professional athletic team's official
pre-season training period through the last game
in which the team competes or is scheduled to
compete. Duty days shall be counted for the year in
which they occur, including where a team's
official pre-season training period through the
last game in which the team competes or is
scheduled to compete, occurs during more than one
tax year.
(A) Duty days shall also include days on
which a member of a professional athletic team
performs service for a team on a date that does
not fall within the foregoing period (e.g.,
participation in instructional leagues, the
"All Star Game", or promotional "caravans").
Performing a service for a professional
athletic team includes conducting training and
rehabilitation activities, when such
activities are conducted at team facilities.
(B) Also included in duty days are game
days, practice days, days spent at team
meetings, promotional caravans, preseason
training camps, and days served with the team
through all post-season games in which the team
competes or is scheduled to compete.
(C) Duty days for any person who joins a
team during the period from the beginning of
the professional athletic team's official
pre-season training period through the last
game in which the team competes, or is
scheduled to compete, shall begin on the day
that person joins the team. Conversely, duty
days for any person who leaves a team during
this period shall end on the day that person
leaves the team. Where a person switches teams
during a taxable year, a separate duty-day
calculation shall be made for the period the
person was with each team.
(D) Days for which a member of a
professional athletic team is not compensated
and is not performing services for the team in
any manner, including days when such member of
a professional athletic team has been
suspended without pay and prohibited from
performing any services for the team, shall not
be treated as duty days.
(E) Days for which a member of a
professional athletic team is on the disabled
list and does not conduct rehabilitation
activities at facilities of the team, and is
not otherwise performing services for the team
in Illinois, shall not be considered duty days
spent in this State. All days on the disabled
list, however, are considered to be included in
total duty days spent both within and without
this State.
(4) The term "total compensation for services
performed as a member of a professional athletic
team" means the total compensation received during
the taxable year for services performed:
(A) from the beginning of the official
pre-season training period through the last
game in which the team competes or is scheduled
to compete during that taxable year; and
(B) during the taxable year on a date which
does not fall within the foregoing period
(e.g., participation in instructional leagues,
the "All Star Game", or promotional caravans).
This compensation shall include, but is not
limited to, salaries, wages, bonuses as described
in this subpart, and any other type of compensation
paid during the taxable year to a member of a
professional athletic team for services performed
in that year. This compensation does not include
strike benefits, severance pay, termination pay,
contract or option year buy-out payments,
expansion or relocation payments, or any other
payments not related to services performed for the
team.
For purposes of this subparagraph, "bonuses"
included in "total compensation for services
performed as a member of a professional athletic
team" subject to the allocation described in
Section 302(c)(1) are: bonuses earned as a result
of play (i.e., performance bonuses) during the
season, including bonuses paid for championship,
playoff or "bowl" games played by a team, or for
selection to all-star league or other honorary
positions; and bonuses paid for signing a
contract, unless the payment of the signing bonus
is not conditional upon the signee playing any
games for the team or performing any subsequent
services for the team or even making the team, the
signing bonus is payable separately from the
salary and any other compensation, and the signing
bonus is nonrefundable.
(3) Sales factor.
(A) The sales factor is a fraction, the numerator of
which is the total sales of the person in this State during
the taxable year, and the denominator of which is the total
sales of the person everywhere during the taxable year.
(B) Sales of tangible personal property are in this
State if:
(i) The property is delivered or shipped to a
purchaser, other than the United States government,
within this State regardless of the f. o. b. point or
other conditions of the sale; or
(ii) The property is shipped from an office, store,
warehouse, factory or other place of storage in this
State and either the purchaser is the United States
government or the person is not taxable in the state of
the purchaser; provided, however, that premises owned
or leased by a person who has independently contracted
with the seller for the printing of newspapers,
periodicals or books shall not be deemed to be an
office, store, warehouse, factory or other place of
storage for purposes of this Section. Sales of tangible
personal property are not in this State if the seller
and purchaser would be members of the same unitary
business group but for the fact that either the seller
or purchaser is a person with 80% or more of total
business activity outside of the United States and the
property is purchased for resale.
(B-1) Patents, copyrights, trademarks, and similar
items of intangible personal property.
(i) Gross receipts from the licensing, sale, or
other disposition of a patent, copyright, trademark,
or similar item of intangible personal property, other
than gross receipts governed by paragraph (B-7) of this
item (3), are in this State to the extent the item is
utilized in this State during the year the gross
receipts are included in gross income.
(ii) Place of utilization.
(I) A patent is utilized in a state to the
extent that it is employed in production,
fabrication, manufacturing, or other processing in
the state or to the extent that a patented product
is produced in the state. If a patent is utilized
in more than one state, the extent to which it is
utilized in any one state shall be a fraction equal
to the gross receipts of the licensee or purchaser
from sales or leases of items produced,
fabricated, manufactured, or processed within that
state using the patent and of patented items
produced within that state, divided by the total of
such gross receipts for all states in which the
patent is utilized.
(II) A copyright is utilized in a state to the
extent that printing or other publication
originates in the state. If a copyright is utilized
in more than one state, the extent to which it is
utilized in any one state shall be a fraction equal
to the gross receipts from sales or licenses of
materials printed or published in that state
divided by the total of such gross receipts for all
states in which the copyright is utilized.
(III) Trademarks and other items of intangible
personal property governed by this paragraph (B-1)
are utilized in the state in which the commercial
domicile of the licensee or purchaser is located.
(iii) If the state of utilization of an item of
property governed by this paragraph (B-1) cannot be
determined from the taxpayer's books and records or
from the books and records of any person related to the
taxpayer within the meaning of Section 267(b) of the
Internal Revenue Code, 26 U.S.C. 267, the gross
receipts attributable to that item shall be excluded
from both the numerator and the denominator of the
sales factor.
(B-2) Gross receipts from the license, sale, or other
disposition of patents, copyrights, trademarks, and
similar items of intangible personal property, other than
gross receipts governed by paragraph (B-7) of this item
(3), may be included in the numerator or denominator of the
sales factor only if gross receipts from licenses, sales,
or other disposition of such items comprise more than 50%
of the taxpayer's total gross receipts included in gross
income during the tax year and during each of the 2
immediately preceding tax years; provided that, when a
taxpayer is a member of a unitary business group, such
determination shall be made on the basis of the gross
receipts of the entire unitary business group.
(B-5) For taxable years ending on or after December 31,
2008, except as provided in subsections (ii) through (vii),
receipts from the sale of telecommunications service or
mobile telecommunications service are in this State if the
customer's service address is in this State.
(i) For purposes of this subparagraph (B-5), the
following terms have the following meanings:
"Ancillary services" means services that are
associated with or incidental to the provision of
"telecommunications services", including but not
limited to "detailed telecommunications billing",
"directory assistance", "vertical service", and "voice
mail services".
"Air-to-Ground Radiotelephone service" means a
radio service, as that term is defined in 47 CFR 22.99,
in which common carriers are authorized to offer and
provide radio telecommunications service for hire to
subscribers in aircraft.
"Call-by-call Basis" means any method of charging
for telecommunications services where the price is
measured by individual calls.
"Communications Channel" means a physical or
virtual path of communications over which signals are
transmitted between or among customer channel
termination points.
"Conference bridging service" means an "ancillary
service" that links two or more participants of an
audio or video conference call and may include the
provision of a telephone number. "Conference bridging
service" does not include the "telecommunications
services" used to reach the conference bridge.
"Customer Channel Termination Point" means the
location where the customer either inputs or receives
the communications.
"Detailed telecommunications billing service"
means an "ancillary service" of separately stating
information pertaining to individual calls on a
customer's billing statement.
"Directory assistance" means an "ancillary
service" of providing telephone number information,
and/or address information.
"Home service provider" means the facilities based
carrier or reseller with which the customer contracts
for the provision of mobile telecommunications
services.
"Mobile telecommunications service" means
commercial mobile radio service, as defined in Section
20.3 of Title 47 of the Code of Federal Regulations as
in effect on June 1, 1999.
"Place of primary use" means the street address
representative of where the customer's use of the
telecommunications service primarily occurs, which
must be the residential street address or the primary
business street address of the customer. In the case of
mobile telecommunications services, "place of primary
use" must be within the licensed service area of the
home service provider.
"Post-paid telecommunication service" means the
telecommunications service obtained by making a
payment on a call-by-call basis either through the use
of a credit card or payment mechanism such as a bank
card, travel card, credit card, or debit card, or by
charge made to a telephone number which is not
associated with the origination or termination of the
telecommunications service. A post-paid calling
service includes telecommunications service, except a
prepaid wireless calling service, that would be a
prepaid calling service except it is not exclusively a
telecommunication service.
"Prepaid telecommunication service" means the
right to access exclusively telecommunications
services, which must be paid for in advance and which
enables the origination of calls using an access number
or authorization code, whether manually or
electronically dialed, and that is sold in
predetermined units or dollars of which the number
declines with use in a known amount.
"Prepaid Mobile telecommunication service" means a
telecommunications service that provides the right to
utilize mobile wireless service as well as other
non-telecommunication services, including but not
limited to ancillary services, which must be paid for
in advance that is sold in predetermined units or
dollars of which the number declines with use in a
known amount.
"Private communication service" means a
telecommunication service that entitles the customer
to exclusive or priority use of a communications
channel or group of channels between or among
termination points, regardless of the manner in which
such channel or channels are connected, and includes
switching capacity, extension lines, stations, and any
other associated services that are provided in
connection with the use of such channel or channels.
"Service address" means:
(a) The location of the telecommunications
equipment to which a customer's call is charged and
from which the call originates or terminates,
regardless of where the call is billed or paid;
(b) If the location in line (a) is not known,
service address means the origination point of the
signal of the telecommunications services first
identified by either the seller's
telecommunications system or in information
received by the seller from its service provider
where the system used to transport such signals is
not that of the seller; and
(c) If the locations in line (a) and line (b)
are not known, the service address means the
location of the customer's place of primary use.
"Telecommunications service" means the electronic
transmission, conveyance, or routing of voice, data,
audio, video, or any other information or signals to a
point, or between or among points. The term
"telecommunications service" includes such
transmission, conveyance, or routing in which computer
processing applications are used to act on the form,
code or protocol of the content for purposes of
transmission, conveyance or routing without regard to
whether such service is referred to as voice over
Internet protocol services or is classified by the
Federal Communications Commission as enhanced or value
added. "Telecommunications service" does not include:
(a) Data processing and information services
that allow data to be generated, acquired, stored,
processed, or retrieved and delivered by an
electronic transmission to a purchaser when such
purchaser's primary purpose for the underlying
transaction is the processed data or information;
(b) Installation or maintenance of wiring or
equipment on a customer's premises;
(c) Tangible personal property;
(d) Advertising, including but not limited to
directory advertising; .
(e) Billing and collection services provided
to third parties;
(f) Internet access service;
(g) Radio and television audio and video
programming services, regardless of the medium,
including the furnishing of transmission,
conveyance and routing of such services by the
programming service provider. Radio and television
audio and video programming services shall include
but not be limited to cable service as defined in
47 USC 522(6) and audio and video programming
services delivered by commercial mobile radio
service providers, as defined in 47 CFR 20.3;
(h) "Ancillary services"; or
(i) Digital products "delivered
electronically", including but not limited to
software, music, video, reading materials or ring
tones.
"Vertical service" means an "ancillary service"
that is offered in connection with one or more
"telecommunications services", which offers advanced
calling features that allow customers to identify
callers and to manage multiple calls and call
connections, including "conference bridging services".
"Voice mail service" means an "ancillary service"
that enables the customer to store, send or receive
recorded messages. "Voice mail service" does not
include any "vertical services" that the customer may
be required to have in order to utilize the "voice mail
service".
(ii) Receipts from the sale of telecommunications
service sold on an individual call-by-call basis are in
this State if either of the following applies:
(a) The call both originates and terminates in
this State.
(b) The call either originates or terminates
in this State and the service address is located in
this State.
(iii) Receipts from the sale of postpaid
telecommunications service at retail are in this State
if the origination point of the telecommunication
signal, as first identified by the service provider's
telecommunication system or as identified by
information received by the seller from its service
provider if the system used to transport
telecommunication signals is not the seller's, is
located in this State.
(iv) Receipts from the sale of prepaid
telecommunications service or prepaid mobile
telecommunications service at retail are in this State
if the purchaser obtains the prepaid card or similar
means of conveyance at a location in this State.
Receipts from recharging a prepaid telecommunications
service or mobile telecommunications service is in
this State if the purchaser's billing information
indicates a location in this State.
(v) Receipts from the sale of private
communication services are in this State as follows:
(a) 100% of receipts from charges imposed at
each channel termination point in this State.
(b) 100% of receipts from charges for the total
channel mileage between each channel termination
point in this State.
(c) 50% of the total receipts from charges for
service segments when those segments are between 2
customer channel termination points, 1 of which is
located in this State and the other is located
outside of this State, which segments are
separately charged.
(d) The receipts from charges for service
segments with a channel termination point located
in this State and in two or more other states, and
which segments are not separately billed, are in
this State based on a percentage determined by
dividing the number of customer channel
termination points in this State by the total
number of customer channel termination points.
(vi) Receipts from charges for ancillary services
for telecommunications service sold to customers at
retail are in this State if the customer's primary
place of use of telecommunications services associated
with those ancillary services is in this State. If the
seller of those ancillary services cannot determine
where the associated telecommunications are located,
then the ancillary services shall be based on the
location of the purchaser.
(vii) Receipts to access a carrier's network or
from the sale of telecommunication services or
ancillary services for resale are in this State as
follows:
(a) 100% of the receipts from access fees
attributable to intrastate telecommunications
service that both originates and terminates in
this State.
(b) 50% of the receipts from access fees
attributable to interstate telecommunications
service if the interstate call either originates
or terminates in this State.
(c) 100% of the receipts from interstate end
user access line charges, if the customer's
service address is in this State. As used in this
subdivision, "interstate end user access line
charges" includes, but is not limited to, the
surcharge approved by the federal communications
commission and levied pursuant to 47 CFR 69.
(d) Gross receipts from sales of
telecommunication services or from ancillary
services for telecommunications services sold to
other telecommunication service providers for
resale shall be sourced to this State using the
apportionment concepts used for non-resale
receipts of telecommunications services if the
information is readily available to make that
determination. If the information is not readily
available, then the taxpayer may use any other
reasonable and consistent method.
(B-7) For taxable years ending on or after December 31,
2008, receipts from the sale of broadcasting services are
in this State if the broadcasting services are received in
this State. For purposes of this paragraph (B-7), the
following terms have the following meanings:
"Advertising revenue" means consideration received
by the taxpayer in exchange for broadcasting services
or allowing the broadcasting of commercials or
announcements in connection with the broadcasting of
film or radio programming, from sponsorships of the
programming, or from product placements in the
programming.
"Audience factor" means the ratio that the
audience or subscribers located in this State of a
station, a network, or a cable system bears to the
total audience or total subscribers for that station,
network, or cable system. The audience factor for film
or radio programming shall be determined by reference
to the books and records of the taxpayer or by
reference to published rating statistics provided the
method used by the taxpayer is consistently used from
year to year for this purpose and fairly represents the
taxpayer's activity in this State.
"Broadcast" or "broadcasting" or "broadcasting
services" means the transmission or provision of film
or radio programming, whether through the public
airwaves, by cable, by direct or indirect satellite
transmission, or by any other means of communication,
either through a station, a network, or a cable system.
"Film" or "film programming" means the broadcast
on television of any and all performances, events, or
productions, including but not limited to news,
sporting events, plays, stories, or other literary,
commercial, educational, or artistic works, either
live or through the use of video tape, disc, or any
other type of format or medium. Each episode of a
series of films produced for television shall
constitute separate "film" notwithstanding that the
series relates to the same principal subject and is
produced during one or more tax periods.
"Radio" or "radio programming" means the broadcast
on radio of any and all performances, events, or
productions, including but not limited to news,
sporting events, plays, stories, or other literary,
commercial, educational, or artistic works, either
live or through the use of an audio tape, disc, or any
other format or medium. Each episode in a series of
radio programming produced for radio broadcast shall
constitute a separate "radio programming"
notwithstanding that the series relates to the same
principal subject and is produced during one or more
tax periods.
(i) In the case of advertising revenue from
broadcasting, the customer is the advertiser and
the service is received in this State if the
commercial domicile of the advertiser is in this
State.
(ii) In the case where film or radio
programming is broadcast by a station, a network,
or a cable system for a fee or other remuneration
received from the recipient of the broadcast, the
portion of the service that is received in this
State is measured by the portion of the recipients
of the broadcast located in this State.
Accordingly, the fee or other remuneration for
such service that is included in the Illinois
numerator of the sales factor is the total of those
fees or other remuneration received from
recipients in Illinois. For purposes of this
paragraph, a taxpayer may determine the location
of the recipients of its broadcast using the
address of the recipient shown in its contracts
with the recipient or using the billing address of
the recipient in the taxpayer's records.
(iii) In the case where film or radio
programming is broadcast by a station, a network,
or a cable system for a fee or other remuneration
from the person providing the programming, the
portion of the broadcast service that is received
by such station, network, or cable system in this
State is measured by the portion of recipients of
the broadcast located in this State. Accordingly,
the amount of revenue related to such an
arrangement that is included in the Illinois
numerator of the sales factor is the total fee or
other total remuneration from the person providing
the programming related to that broadcast
multiplied by the Illinois audience factor for
that broadcast.
(iv) In the case where film or radio
programming is provided by a taxpayer that is a
network or station to a customer for broadcast in
exchange for a fee or other remuneration from that
customer the broadcasting service is received at
the location of the office of the customer from
which the services were ordered in the regular
course of the customer's trade or business.
Accordingly, in such a case the revenue derived by
the taxpayer that is included in the taxpayer's
Illinois numerator of the sales factor is the
revenue from such customers who receive the
broadcasting service in Illinois.
(v) In the case where film or radio programming
is provided by a taxpayer that is not a network or
station to another person for broadcasting in
exchange for a fee or other remuneration from that
person, the broadcasting service is received at
the location of the office of the customer from
which the services were ordered in the regular
course of the customer's trade or business.
Accordingly, in such a case the revenue derived by
the taxpayer that is included in the taxpayer's
Illinois numerator of the sales factor is the
revenue from such customers who receive the
broadcasting service in Illinois.
(B-8) Gross receipts from winnings under the Illinois
Lottery Law from the assignment of a prize under Section
13.1 of the Illinois Lottery Law are received in this
State. This paragraph (B-8) applies only to taxable years
ending on or after December 31, 2013.
(C) For taxable years ending before December 31, 2008,
sales, other than sales governed by paragraphs (B), (B-1),
(B-2), and (B-8) are in this State if:
(i) The income-producing activity is performed in
this State; or
(ii) The income-producing activity is performed
both within and without this State and a greater
proportion of the income-producing activity is
performed within this State than without this State,
based on performance costs.
(C-5) For taxable years ending on or after December 31,
2008, sales, other than sales governed by paragraphs (B),
(B-1), (B-2), (B-5), and (B-7), are in this State if any of
the following criteria are met:
(i) Sales from the sale or lease of real property
are in this State if the property is located in this
State.
(ii) Sales from the lease or rental of tangible
personal property are in this State if the property is
located in this State during the rental period. Sales
from the lease or rental of tangible personal property
that is characteristically moving property, including,
but not limited to, motor vehicles, rolling stock,
aircraft, vessels, or mobile equipment are in this
State to the extent that the property is used in this
State.
(iii) In the case of interest, net gains (but not
less than zero) and other items of income from
intangible personal property, the sale is in this State
if:
(a) in the case of a taxpayer who is a dealer
in the item of intangible personal property within
the meaning of Section 475 of the Internal Revenue
Code, the income or gain is received from a
customer in this State. For purposes of this
subparagraph, a customer is in this State if the
customer is an individual, trust or estate who is a
resident of this State and, for all other
customers, if the customer's commercial domicile
is in this State. Unless the dealer has actual
knowledge of the residence or commercial domicile
of a customer during a taxable year, the customer
shall be deemed to be a customer in this State if
the billing address of the customer, as shown in
the records of the dealer, is in this State; or
(b) in all other cases, if the
income-producing activity of the taxpayer is
performed in this State or, if the
income-producing activity of the taxpayer is
performed both within and without this State, if a
greater proportion of the income-producing
activity of the taxpayer is performed within this
State than in any other state, based on performance
costs.
(iv) Sales of services are in this State if the
services are received in this State. For the purposes
of this section, gross receipts from the performance of
services provided to a corporation, partnership, or
trust may only be attributed to a state where that
corporation, partnership, or trust has a fixed place of
business. If the state where the services are received
is not readily determinable or is a state where the
corporation, partnership, or trust receiving the
service does not have a fixed place of business, the
services shall be deemed to be received at the location
of the office of the customer from which the services
were ordered in the regular course of the customer's
trade or business. If the ordering office cannot be
determined, the services shall be deemed to be received
at the office of the customer to which the services are
billed. If the taxpayer is not taxable in the state in
which the services are received, the sale must be
excluded from both the numerator and the denominator of
the sales factor. The Department shall adopt rules
prescribing where specific types of service are
received, including, but not limited to, publishing,
and utility service.
(D) For taxable years ending on or after December 31,
1995, the following items of income shall not be included
in the numerator or denominator of the sales factor:
dividends; amounts included under Section 78 of the
Internal Revenue Code; and Subpart F income as defined in
Section 952 of the Internal Revenue Code. No inference
shall be drawn from the enactment of this paragraph (D) in
construing this Section for taxable years ending before
December 31, 1995.
(E) Paragraphs (B-1) and (B-2) shall apply to tax years
ending on or after December 31, 1999, provided that a
taxpayer may elect to apply the provisions of these
paragraphs to prior tax years. Such election shall be made
in the form and manner prescribed by the Department, shall
be irrevocable, and shall apply to all tax years; provided
that, if a taxpayer's Illinois income tax liability for any
tax year, as assessed under Section 903 prior to January 1,
1999, was computed in a manner contrary to the provisions
of paragraphs (B-1) or (B-2), no refund shall be payable to
the taxpayer for that tax year to the extent such refund is
the result of applying the provisions of paragraph (B-1) or
(B-2) retroactively. In the case of a unitary business
group, such election shall apply to all members of such
group for every tax year such group is in existence, but
shall not apply to any taxpayer for any period during which
that taxpayer is not a member of such group.
(b) Insurance companies.
(1) In general. Except as otherwise provided by
paragraph (2), business income of an insurance company for
a taxable year shall be apportioned to this State by
multiplying such income by a fraction, the numerator of
which is the direct premiums written for insurance upon
property or risk in this State, and the denominator of
which is the direct premiums written for insurance upon
property or risk everywhere. For purposes of this
subsection, the term "direct premiums written" means the
total amount of direct premiums written, assessments and
annuity considerations as reported for the taxable year on
the annual statement filed by the company with the Illinois
Director of Insurance in the form approved by the National
Convention of Insurance Commissioners or such other form as
may be prescribed in lieu thereof.
(2) Reinsurance. If the principal source of premiums
written by an insurance company consists of premiums for
reinsurance accepted by it, the business income of such
company shall be apportioned to this State by multiplying
such income by a fraction, the numerator of which is the
sum of (i) direct premiums written for insurance upon
property or risk in this State, plus (ii) premiums written
for reinsurance accepted in respect of property or risk in
this State, and the denominator of which is the sum of
(iii) direct premiums written for insurance upon property
or risk everywhere, plus (iv) premiums written for
reinsurance accepted in respect of property or risk
everywhere. For purposes of this paragraph, premiums
written for reinsurance accepted in respect of property or
risk in this State, whether or not otherwise determinable,
may, at the election of the company, be determined on the
basis of the proportion which premiums written for
reinsurance accepted from companies commercially domiciled
in Illinois bears to premiums written for reinsurance
accepted from all sources, or, alternatively, in the
proportion which the sum of the direct premiums written for
insurance upon property or risk in this State by each
ceding company from which reinsurance is accepted bears to
the sum of the total direct premiums written by each such
ceding company for the taxable year. The election made by a
company under this paragraph for its first taxable year
ending on or after December 31, 2011, shall be binding for
that company for that taxable year and for all subsequent
taxable years, and may be altered only with the written
permission of the Department, which shall not be
unreasonably withheld.
(c) Financial organizations.
(1) In general. For taxable years ending before
December 31, 2008, business income of a financial
organization shall be apportioned to this State by
multiplying such income by a fraction, the numerator of
which is its business income from sources within this
State, and the denominator of which is its business income
from all sources. For the purposes of this subsection, the
business income of a financial organization from sources
within this State is the sum of the amounts referred to in
subparagraphs (A) through (E) following, but excluding the
adjusted income of an international banking facility as
determined in paragraph (2):
(A) Fees, commissions or other compensation for
financial services rendered within this State;
(B) Gross profits from trading in stocks, bonds or
other securities managed within this State;
(C) Dividends, and interest from Illinois
customers, which are received within this State;
(D) Interest charged to customers at places of
business maintained within this State for carrying
debit balances of margin accounts, without deduction
of any costs incurred in carrying such accounts; and
(E) Any other gross income resulting from the
operation as a financial organization within this
State. In computing the amounts referred to in
paragraphs (A) through (E) of this subsection, any
amount received by a member of an affiliated group
(determined under Section 1504(a) of the Internal
Revenue Code but without reference to whether any such
corporation is an "includible corporation" under
Section 1504(b) of the Internal Revenue Code) from
another member of such group shall be included only to
the extent such amount exceeds expenses of the
recipient directly related thereto.
(2) International Banking Facility. For taxable years
ending before December 31, 2008:
(A) Adjusted Income. The adjusted income of an
international banking facility is its income reduced
by the amount of the floor amount.
(B) Floor Amount. The floor amount shall be the
amount, if any, determined by multiplying the income of
the international banking facility by a fraction, not
greater than one, which is determined as follows:
(i) The numerator shall be:
The average aggregate, determined on a
quarterly basis, of the financial organization's
loans to banks in foreign countries, to foreign
domiciled borrowers (except where secured
primarily by real estate) and to foreign
governments and other foreign official
institutions, as reported for its branches,
agencies and offices within the state on its
"Consolidated Report of Condition", Schedule A,
Lines 2.c., 5.b., and 7.a., which was filed with
the Federal Deposit Insurance Corporation and
other regulatory authorities, for the year 1980,
minus
The average aggregate, determined on a
quarterly basis, of such loans (other than loans of
an international banking facility), as reported by
the financial institution for its branches,
agencies and offices within the state, on the
corresponding Schedule and lines of the
Consolidated Report of Condition for the current
taxable year, provided, however, that in no case
shall the amount determined in this clause (the
subtrahend) exceed the amount determined in the
preceding clause (the minuend); and
(ii) the denominator shall be the average
aggregate, determined on a quarterly basis, of the
international banking facility's loans to banks in
foreign countries, to foreign domiciled borrowers
(except where secured primarily by real estate)
and to foreign governments and other foreign
official institutions, which were recorded in its
financial accounts for the current taxable year.
(C) Change to Consolidated Report of Condition and
in Qualification. In the event the Consolidated Report
of Condition which is filed with the Federal Deposit
Insurance Corporation and other regulatory authorities
is altered so that the information required for
determining the floor amount is not found on Schedule
A, lines 2.c., 5.b. and 7.a., the financial institution
shall notify the Department and the Department may, by
regulations or otherwise, prescribe or authorize the
use of an alternative source for such information. The
financial institution shall also notify the Department
should its international banking facility fail to
qualify as such, in whole or in part, or should there
be any amendment or change to the Consolidated Report
of Condition, as originally filed, to the extent such
amendment or change alters the information used in
determining the floor amount.
(3) For taxable years ending on or after December 31,
2008, the business income of a financial organization shall
be apportioned to this State by multiplying such income by
a fraction, the numerator of which is its gross receipts
from sources in this State or otherwise attributable to
this State's marketplace and the denominator of which is
its gross receipts everywhere during the taxable year.
"Gross receipts" for purposes of this subparagraph (3)
means gross income, including net taxable gain on
disposition of assets, including securities and money
market instruments, when derived from transactions and
activities in the regular course of the financial
organization's trade or business. The following examples
are illustrative:
(i) Receipts from the lease or rental of real or
tangible personal property are in this State if the
property is located in this State during the rental
period. Receipts from the lease or rental of tangible
personal property that is characteristically moving
property, including, but not limited to, motor
vehicles, rolling stock, aircraft, vessels, or mobile
equipment are from sources in this State to the extent
that the property is used in this State.
(ii) Interest income, commissions, fees, gains on
disposition, and other receipts from assets in the
nature of loans that are secured primarily by real
estate or tangible personal property are from sources
in this State if the security is located in this State.
(iii) Interest income, commissions, fees, gains on
disposition, and other receipts from consumer loans
that are not secured by real or tangible personal
property are from sources in this State if the debtor
is a resident of this State.
(iv) Interest income, commissions, fees, gains on
disposition, and other receipts from commercial loans
and installment obligations that are not secured by
real or tangible personal property are from sources in
this State if the proceeds of the loan are to be
applied in this State. If it cannot be determined where
the funds are to be applied, the income and receipts
are from sources in this State if the office of the
borrower from which the loan was negotiated in the
regular course of business is located in this State. If
the location of this office cannot be determined, the
income and receipts shall be excluded from the
numerator and denominator of the sales factor.
(v) Interest income, fees, gains on disposition,
service charges, merchant discount income, and other
receipts from credit card receivables are from sources
in this State if the card charges are regularly billed
to a customer in this State.
(vi) Receipts from the performance of services,
including, but not limited to, fiduciary, advisory,
and brokerage services, are in this State if the
services are received in this State within the meaning
of subparagraph (a)(3)(C-5)(iv) of this Section.
(vii) Receipts from the issuance of travelers
checks and money orders are from sources in this State
if the checks and money orders are issued from a
location within this State.
(viii) Receipts from investment assets and
activities and trading assets and activities are
included in the receipts factor as follows:
(1) Interest, dividends, net gains (but not
less than zero) and other income from investment
assets and activities from trading assets and
activities shall be included in the receipts
factor. Investment assets and activities and
trading assets and activities include but are not
limited to: investment securities; trading account
assets; federal funds; securities purchased and
sold under agreements to resell or repurchase;
options; futures contracts; forward contracts;
notional principal contracts such as swaps;
equities; and foreign currency transactions. With
respect to the investment and trading assets and
activities described in subparagraphs (A) and (B)
of this paragraph, the receipts factor shall
include the amounts described in such
subparagraphs.
(A) The receipts factor shall include the
amount by which interest from federal funds
sold and securities purchased under resale
agreements exceeds interest expense on federal
funds purchased and securities sold under
repurchase agreements.
(B) The receipts factor shall include the
amount by which interest, dividends, gains and
other income from trading assets and
activities, including but not limited to
assets and activities in the matched book, in
the arbitrage book, and foreign currency
transactions, exceed amounts paid in lieu of
interest, amounts paid in lieu of dividends,
and losses from such assets and activities.
(2) The numerator of the receipts factor
includes interest, dividends, net gains (but not
less than zero), and other income from investment
assets and activities and from trading assets and
activities described in paragraph (1) of this
subsection that are attributable to this State.
(A) The amount of interest, dividends, net
gains (but not less than zero), and other
income from investment assets and activities
in the investment account to be attributed to
this State and included in the numerator is
determined by multiplying all such income from
such assets and activities by a fraction, the
numerator of which is the gross income from
such assets and activities which are properly
assigned to a fixed place of business of the
taxpayer within this State and the denominator
of which is the gross income from all such
assets and activities.
(B) The amount of interest from federal
funds sold and purchased and from securities
purchased under resale agreements and
securities sold under repurchase agreements
attributable to this State and included in the
numerator is determined by multiplying the
amount described in subparagraph (A) of
paragraph (1) of this subsection from such
funds and such securities by a fraction, the
numerator of which is the gross income from
such funds and such securities which are
properly assigned to a fixed place of business
of the taxpayer within this State and the
denominator of which is the gross income from
all such funds and such securities.
(C) The amount of interest, dividends,
gains, and other income from trading assets and
activities, including but not limited to
assets and activities in the matched book, in
the arbitrage book and foreign currency
transactions (but excluding amounts described
in subparagraphs (A) or (B) of this paragraph),
attributable to this State and included in the
numerator is determined by multiplying the
amount described in subparagraph (B) of
paragraph (1) of this subsection by a fraction,
the numerator of which is the gross income from
such trading assets and activities which are
properly assigned to a fixed place of business
of the taxpayer within this State and the
denominator of which is the gross income from
all such assets and activities.
(D) Properly assigned, for purposes of
this paragraph (2) of this subsection, means
the investment or trading asset or activity is
assigned to the fixed place of business with
which it has a preponderance of substantive
contacts. An investment or trading asset or
activity assigned by the taxpayer to a fixed
place of business without the State shall be
presumed to have been properly assigned if:
(i) the taxpayer has assigned, in the
regular course of its business, such asset
or activity on its records to a fixed place
of business consistent with federal or
state regulatory requirements;
(ii) such assignment on its records is
based upon substantive contacts of the
asset or activity to such fixed place of
business; and
(iii) the taxpayer uses such records
reflecting assignment of such assets or
activities for the filing of all state and
local tax returns for which an assignment
of such assets or activities to a fixed
place of business is required.
(E) The presumption of proper assignment
of an investment or trading asset or activity
provided in subparagraph (D) of paragraph (2)
of this subsection may be rebutted upon a
showing by the Department, supported by a
preponderance of the evidence, that the
preponderance of substantive contacts
regarding such asset or activity did not occur
at the fixed place of business to which it was
assigned on the taxpayer's records. If the
fixed place of business that has a
preponderance of substantive contacts cannot
be determined for an investment or trading
asset or activity to which the presumption in
subparagraph (D) of paragraph (2) of this
subsection does not apply or with respect to
which that presumption has been rebutted, that
asset or activity is properly assigned to the
state in which the taxpayer's commercial
domicile is located. For purposes of this
subparagraph (E), it shall be presumed,
subject to rebuttal, that taxpayer's
commercial domicile is in the state of the
United States or the District of Columbia to
which the greatest number of employees are
regularly connected with the management of the
investment or trading income or out of which
they are working, irrespective of where the
services of such employees are performed, as of
the last day of the taxable year.
(4) (Blank).
(5) (Blank).
(c-1) Federally regulated exchanges. For taxable years
ending on or after December 31, 2012, business income of a
federally regulated exchange shall, at the option of the
federally regulated exchange, be apportioned to this State by
multiplying such income by a fraction, the numerator of which
is its business income from sources within this State, and the
denominator of which is its business income from all sources.
For purposes of this subsection, the business income within
this State of a federally regulated exchange is the sum of the
following:
(1) Receipts attributable to transactions executed on
a physical trading floor if that physical trading floor is
located in this State.
(2) Receipts attributable to all other matching,
execution, or clearing transactions, including without
limitation receipts from the provision of matching,
execution, or clearing services to another entity,
multiplied by (i) for taxable years ending on or after
December 31, 2012 but before December 31, 2013, 63.77%; and
(ii) for taxable years ending on or after December 31,
2013, 27.54%.
(3) All other receipts not governed by subparagraphs
(1) or (2) of this subsection (c-1), to the extent the
receipts would be characterized as "sales in this State"
under item (3) of subsection (a) of this Section.
"Federally regulated exchange" means (i) a "registered
entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B),
or (C), (ii) an "exchange" or "clearing agency" within the
meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such
entities regulated under any successor regulatory structure to
the foregoing, and (iv) all taxpayers who are members of the
same unitary business group as a federally regulated exchange,
determined without regard to the prohibition in Section
1501(a)(27) of this Act against including in a unitary business
group taxpayers who are ordinarily required to apportion
business income under different subsections of this Section;
provided that this subparagraph (iv) shall apply only if 50% or
more of the business receipts of the unitary business group
determined by application of this subparagraph (iv) for the
taxable year are attributable to the matching, execution, or
clearing of transactions conducted by an entity described in
subparagraph (i), (ii), or (iii) of this paragraph.
In no event shall the Illinois apportionment percentage
computed in accordance with this subsection (c-1) for any
taxpayer for any tax year be less than the Illinois
apportionment percentage computed under this subsection (c-1)
for that taxpayer for the first full tax year ending on or
after December 31, 2013 for which this subsection (c-1) applied
to the taxpayer.
(d) Transportation services. For taxable years ending
before December 31, 2008, business income derived from
furnishing transportation services shall be apportioned to
this State in accordance with paragraphs (1) and (2):
(1) Such business income (other than that derived from
transportation by pipeline) shall be apportioned to this
State by multiplying such income by a fraction, the
numerator of which is the revenue miles of the person in
this State, and the denominator of which is the revenue
miles of the person everywhere. For purposes of this
paragraph, a revenue mile is the transportation of 1
passenger or 1 net ton of freight the distance of 1 mile
for a consideration. Where a person is engaged in the
transportation of both passengers and freight, the
fraction above referred to shall be determined by means of
an average of the passenger revenue mile fraction and the
freight revenue mile fraction, weighted to reflect the
person's
(A) relative railway operating income from total
passenger and total freight service, as reported to the
Interstate Commerce Commission, in the case of
transportation by railroad, and
(B) relative gross receipts from passenger and
freight transportation, in case of transportation
other than by railroad.
(2) Such business income derived from transportation
by pipeline shall be apportioned to this State by
multiplying such income by a fraction, the numerator of
which is the revenue miles of the person in this State, and
the denominator of which is the revenue miles of the person
everywhere. For the purposes of this paragraph, a revenue
mile is the transportation by pipeline of 1 barrel of oil,
1,000 cubic feet of gas, or of any specified quantity of
any other substance, the distance of 1 mile for a
consideration.
(3) For taxable years ending on or after December 31,
2008, business income derived from providing
transportation services other than airline services shall
be apportioned to this State by using a fraction, (a) the
numerator of which shall be (i) all receipts from any
movement or shipment of people, goods, mail, oil, gas, or
any other substance (other than by airline) that both
originates and terminates in this State, plus (ii) that
portion of the person's gross receipts from movements or
shipments of people, goods, mail, oil, gas, or any other
substance (other than by airline) that originates in one
state or jurisdiction and terminates in another state or
jurisdiction, that is determined by the ratio that the
miles traveled in this State bears to total miles
everywhere and (b) the denominator of which shall be all
revenue derived from the movement or shipment of people,
goods, mail, oil, gas, or any other substance (other than
by airline). Where a taxpayer is engaged in the
transportation of both passengers and freight, the
fraction above referred to shall first be determined
separately for passenger miles and freight miles. Then an
average of the passenger miles fraction and the freight
miles fraction shall be weighted to reflect the taxpayer's:
(A) relative railway operating income from total
passenger and total freight service, as reported to the
Surface Transportation Board, in the case of
transportation by railroad; and
(B) relative gross receipts from passenger and
freight transportation, in case of transportation
other than by railroad.
(4) For taxable years ending on or after December 31,
2008, business income derived from furnishing airline
transportation services shall be apportioned to this State
by multiplying such income by a fraction, the numerator of
which is the revenue miles of the person in this State, and
the denominator of which is the revenue miles of the person
everywhere. For purposes of this paragraph, a revenue mile
is the transportation of one passenger or one net ton of
freight the distance of one mile for a consideration. If a
person is engaged in the transportation of both passengers
and freight, the fraction above referred to shall be
determined by means of an average of the passenger revenue
mile fraction and the freight revenue mile fraction,
weighted to reflect the person's relative gross receipts
from passenger and freight airline transportation.
(e) Combined apportionment. Where 2 or more persons are
engaged in a unitary business as described in subsection
(a)(27) of Section 1501, a part of which is conducted in this
State by one or more members of the group, the business income
attributable to this State by any such member or members shall
be apportioned by means of the combined apportionment method.
(f) Alternative allocation. If the allocation and
apportionment provisions of subsections (a) through (e) and of
subsection (h) do not, for taxable years ending before December
31, 2008, fairly represent the extent of a person's business
activity in this State, or, for taxable years ending on or
after December 31, 2008, fairly represent the market for the
person's goods, services, or other sources of business income,
the person may petition for, or the Director may, without a
petition, permit or require, in respect of all or any part of
the person's business activity, if reasonable:
(1) Separate accounting;
(2) The exclusion of any one or more factors;
(3) The inclusion of one or more additional factors
which will fairly represent the person's business
activities or market in this State; or
(4) The employment of any other method to effectuate an
equitable allocation and apportionment of the person's
business income.
(g) Cross reference. For allocation of business income by
residents, see Section 301(a).
(h) For tax years ending on or after December 31, 1998, the
apportionment factor of persons who apportion their business
income to this State under subsection (a) shall be equal to:
(1) for tax years ending on or after December 31, 1998
and before December 31, 1999, 16 2/3% of the property
factor plus 16 2/3% of the payroll factor plus 66 2/3% of
the sales factor;
(2) for tax years ending on or after December 31, 1999
and before December 31, 2000, 8 1/3% of the property factor
plus 8 1/3% of the payroll factor plus 83 1/3% of the sales
factor;
(3) for tax years ending on or after December 31, 2000,
the sales factor.
If, in any tax year ending on or after December 31, 1998 and
before December 31, 2000, the denominator of the payroll,
property, or sales factor is zero, the apportionment factor
computed in paragraph (1) or (2) of this subsection for that
year shall be divided by an amount equal to 100% minus the
percentage weight given to each factor whose denominator is
equal to zero.
(Source: P.A. 98-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756,
eff. 7-16-14; 99-642, eff. 7-28-16; revised 11-14-16.)
(35 ILCS 5/507GG)
Sec. 507GG. Diabetes Research Checkoff Fund checkoff. For
taxable years ending on or after December 31, 2005, the
Department must print on its standard individual income tax
form a provision indicating that if the taxpayer wishes to
contribute to the Diabetes Research Checkoff Fund, as
authorized by Public Act 94-107, he or she may do so by stating
the amount of the contribution (not less than $1) on the return
and that the contribution will reduce the taxpayer's refund or
increase the amount of payment to accompany the return. Failure
to remit any amount of increased payment shall reduce the
contribution accordingly. This Section does not apply to any
amended return.
(Source: P.A. 94-107, eff. 7-1-05; 95-331, eff. 8-21-07;
revised 9-9-16.)
(35 ILCS 5/709.5)
Sec. 709.5. Withholding by partnerships, Subchapter S
corporations, and trusts.
(a) In general. For each taxable year ending on or after
December 31, 2008, every partnership (other than a publicly
traded partnership under Section 7704 of the Internal Revenue
Code or investment partnership), Subchapter S corporation, and
trust must withhold from each nonresident partner,
shareholder, or beneficiary (other than a partner,
shareholder, or beneficiary who is exempt from tax under
Section 501(a) of the Internal Revenue Code or under Section
205 of this Act, who is included on a composite return filed by
the partnership or Subchapter S corporation for the taxable
year under subsection (f) of Section 502 of this Act), or who
is a retired partner, to the extent that partner's
distributions are exempt from tax under Section 203(a)(2)(F) of
this Act) an amount equal to the sum of (i) the share of
business income of the partnership, Subchapter S corporation,
or trust apportionable to Illinois plus (ii) for taxable years
ending on or after December 31, 2014, the share of nonbusiness
income of the partnership, Subchapter S corporation, or trust
allocated to Illinois under Section 303 of this Act (other than
an amount allocated to the commercial domicile of the taxpayer
under Section 303 of this Act) that is distributable to that
partner, shareholder, or beneficiary under Sections 702 and 704
and Subchapter S of the Internal Revenue Code, whether or not
distributed, (iii) multiplied by the applicable rates of tax
for that partner, shareholder, or beneficiary under
subsections (a) through (d) of Section 201 of this Act, and
(iv) net of the share of any credit under Article 2 of this Act
that is distributable by the partnership, Subchapter S
corporation, or trust and allowable against the tax liability
of that partner, shareholder, or beneficiary for a taxable year
ending on or after December 31, 2014.
(b) Credit for taxes withheld. Any amount withheld under
subsection (a) of this Section and paid to the Department shall
be treated as a payment of the estimated tax liability or of
the liability for withholding under this Section of the
partner, shareholder, or beneficiary to whom the income is
distributable for the taxable year in which that person
incurred a liability under this Act with respect to that
income. The Department shall adopt rules pursuant to which a
partner, shareholder, or beneficiary may claim a credit against
its obligation for withholding under this Section for amounts
withheld under this Section with respect to income
distributable to it by a partnership, Subchapter S corporation,
or trust and allowing its partners, shareholders, or
beneficiaries to claim a credit under this subsection (b) for
those withheld amounts.
(c) Exemption from withholding.
(1) A partnership, Subchapter S corporation, or trust
shall not be required to withhold tax under subsection (a)
of this Section with respect to any nonresident partner,
shareholder, or beneficiary (other than an individual)
from whom the partnership, S corporation, or trust has
received a certificate, completed in the form and manner
prescribed by the Department, stating that such
nonresident partner, shareholder, or beneficiary shall:
(A) file all returns that the partner,
shareholder, or beneficiary is required to file under
Section 502 of this Act and make timely payment of all
taxes imposed under Section 201 of this Act or under
this Section on the partner, shareholder, or
beneficiary with respect to income of the partnership,
S corporation, or trust; and
(B) be subject to personal jurisdiction in this
State for purposes of the collection of income taxes,
together with related interest and penalties, imposed
on the partner, shareholder, or beneficiary with
respect to the income of the partnership, S
corporation, or trust.
(2) The Department may revoke the exemption provided by
this subsection (c) at any time that it determines that the
nonresident partner, shareholder, or beneficiary is not
abiding by the terms of the certificate. The Department
shall notify the partnership, S corporation, or trust that
it has revoked a certificate by notice left at the usual
place of business of the partnership, S corporation, or
trust or by mail to the last known address of the
partnership, S corporation, or trust.
(3) A partnership, S corporation, or trust that
receives a certificate under this subsection (c) properly
completed by a nonresident partner, shareholder, or
beneficiary shall not be required to withhold any amount
from that partner, shareholder, or beneficiary, the
payment of which would be due under Section 711(a-5) of
this Act after the receipt of the certificate and no
earlier than 60 days after the Department has notified the
partnership, S corporation, or trust that the certificate
has been revoked.
(4) Certificates received by a the partnership, S
corporation, or trust under this subsection (c) must be
retained by the partnership, S corporation, or trust and a
record of such certificates must be provided to the
Department, in a format in which the record is available
for review by the Department, upon request by the
Department. The Department may, by rule, require the record
of certificates to be maintained and provided to the
Department electronically.
(Source: P.A. 97-507, eff. 8-23-11; 98-478, eff. 1-1-14;
revised 9-9-16.)
Section 225. The Tobacco Products Tax Act of 1995 is
amended by changing Section 10-50 as follows:
(35 ILCS 143/10-50)
Sec. 10-50. Violations and penalties. When the amount due
is under $300, any distributor who fails to file a return,
willfully fails or refuses to make any payment to the
Department of the tax imposed by this Act, or files a
fraudulent return, or any officer or agent of a corporation
engaged in the business of distributing tobacco products to
retailers and consumers located in this State who signs a
fraudulent return filed on behalf of the corporation, or any
accountant or other agent who knowingly enters false
information on the return of any taxpayer under this Act is
guilty of a Class 4 felony.
Any person who violates any provision of Section Sections
10-20, 10-21, or 10-22 of this Act, fails to keep books and
records as required under this Act, or willfully violates a
rule or regulation of the Department for the administration and
enforcement of this Act is guilty of a Class 4 felony. A person
commits a separate offense on each day that he or she engages
in business in violation of Section Sections 10-20, 10-21, or
10-22 of this Act.
When the amount due is under $300, any person who accepts
money that is due to the Department under this Act from a
taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department, but who fails to remit the
payment to the Department when due, is guilty of a Class 4
felony.
Any person who violates any provision of Sections 10-20,
10-21 and 10-22 of this Act, fails to keep books and records as
required under this Act, or willfully violates a rule or
regulation of the Department for the administration and
enforcement of this Act is guilty of a business offense and may
be fined up to $5,000. A person commits a separate offense on
each day that he or she engages in business in violation of
Sections 10-20, 10-21 and 10-22 of this Act.
When the amount due is $300 or more, any distributor who
files, or causes to be filed, a fraudulent return, or any
officer or agent of a corporation engaged in the business of
distributing tobacco products to retailers and consumers
located in this State who files or causes to be filed or signs
or causes to be signed a fraudulent return filed on behalf of
the corporation, or any accountant or other agent who knowingly
enters false information on the return of any taxpayer under
this Act is guilty of a Class 3 felony.
When the amount due is $300 or more, any person engaged in
the business of distributing tobacco products to retailers and
consumers located in this State who fails to file a return,
willfully fails or refuses to make any payment to the
Department of the tax imposed by this Act, or accepts money
that is due to the Department under this Act from a taxpayer
for the purpose of acting as the taxpayer's agent to make
payment to the Department but fails to remit such payment to
the Department when due is guilty of a Class 3 felony.
When the amount due is under $300, any retailer who fails
to file a return, willfully fails or refuses to make any
payment to the Department of the tax imposed by this Act, or
files a fraudulent return, or any officer or agent of a
corporation engaged in the retail business of selling tobacco
products to purchasers of tobacco products for use and
consumption located in this State who signs a fraudulent return
filed on behalf of the corporation, or any accountant or other
agent who knowingly enters false information on the return of
any taxpayer under this Act is guilty of a Class A misdemeanor
for a first offense and a Class 4 felony for each subsequent
offense.
When the amount due is $300 or more, any retailer who fails
to file a return, willfully fails or refuses to make any
payment to the Department of the tax imposed by this Act, or
files a fraudulent return, or any officer or agent of a
corporation engaged in the retail business of selling tobacco
products to purchasers of tobacco products for use and
consumption located in this State who signs a fraudulent return
filed on behalf of the corporation, or any accountant or other
agent who knowingly enters false information on the return of
any taxpayer under this Act is guilty of a Class 4 felony.
Any person whose principal place of business is in this
State and who is charged with a violation under this Section
shall be tried in the county where his or her principal place
of business is located unless he or she asserts a right to be
tried in another venue. If the taxpayer does not have his or
her principal place of business in this State, however, the
hearing must be held in Sangamon County unless the taxpayer
asserts a right to be tried in another venue.
Any taxpayer or agent of a taxpayer who with the intent to
defraud purports to make a payment due to the Department by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository, is guilty of a deceptive
practice in violation of Section 17-1 of the Criminal Code of
2012.
A prosecution for a violation described in this Section may
be commenced within 3 years after the commission of the act
constituting the violation.
(Source: P.A. 97-1150, eff. 1-25-13; 98-1055, eff. 1-1-16;
revised 9-12-16.)
Section 230. The Property Tax Code is amended by changing
Sections 11-25, 12-35, 15-176, 21-380, and 31-45 as follows:
(35 ILCS 200/11-25)
Sec. 11-25. Certification procedure. Application for a
pollution control facility certificate shall be filed with the
Pollution Control Board in a manner and form prescribed in
regulations issued by that board. The application shall contain
appropriate and available descriptive information concerning
anything claimed to be entitled in whole or in part to tax
treatment as a pollution control facility. If it is found that
the claimed facility or relevant portion thereof is a pollution
control facility as defined in Section 11-10, the Pollution
Control Board, acting through its Chairman or his or her
specifically authorized delegate, shall enter a finding and
issue a certificate to that effect. The certificate shall
require tax treatment as a pollution control facility, but only
for the portion certified if only a portion is certified. The
effective date of a certificate shall be the date of
application for the certificate or the date of the construction
of the facility, whichever which ever is later.
(Source: P.A. 76-2451; 88-455; revised 9-13-16.)
(35 ILCS 200/12-35)
Sec. 12-35. Notice sent to address of mortgage lender.
Whenever a notice is to be mailed as provided in Section
Sections 12-30, and the address that appears on the assessor's
records is the address of a mortgage lender, or in any event
whenever the notice is mailed by the township assessor or chief
county assessment officer to a taxpayer at or in care of the
address of a mortgage lender, the mortgage lender, within 15
days of the mortgage lender's receipt of the notice, shall mail
a copy of the notice to each mortgagor of the property referred
to in the notice at the last known address of each mortgagor as
shown on the records of the mortgage lender.
(Source: P.A. 86-415; 86-1481; 87-1189; 88-455; revised
9-12-16.)
(35 ILCS 200/15-176)
Sec. 15-176. Alternative general homestead exemption.
(a) For the assessment years as determined under subsection
(j), in any county that has elected, by an ordinance in
accordance with subsection (k), to be subject to the provisions
of this Section in lieu of the provisions of Section 15-175,
homestead property is entitled to an annual homestead exemption
equal to a reduction in the property's equalized assessed value
calculated as provided in this Section.
(b) As used in this Section:
(1) "Assessor" means the supervisor of assessments or
the chief county assessment officer of each county.
(2) "Adjusted homestead value" means the lesser of the
following values:
(A) The property's base homestead value increased
by 7% for each tax year after the base year through and
including the current tax year, or, if the property is
sold or ownership is otherwise transferred, the
property's base homestead value increased by 7% for
each tax year after the year of the sale or transfer
through and including the current tax year. The
increase by 7% each year is an increase by 7% over the
prior year.
(B) The property's equalized assessed value for
the current tax year minus: (i) $4,500 in Cook County
or $3,500 in all other counties in tax year 2003; (ii)
$5,000 in all counties in tax years 2004 and 2005; and
(iii) the lesser of the amount of the general homestead
exemption under Section 15-175 or an amount equal to
the increase in the equalized assessed value for the
current tax year above the equalized assessed value for
1977 in tax year 2006 and thereafter.
(3) "Base homestead value".
(A) Except as provided in subdivision (b)(3)(A-5)
or (b)(3)(B), "base homestead value" means the
equalized assessed value of the property for the base
year prior to exemptions, minus (i) $4,500 in Cook
County or $3,500 in all other counties in tax year
2003, (ii) $5,000 in all counties in tax years 2004 and
2005, or (iii) the lesser of the amount of the general
homestead exemption under Section 15-175 or an amount
equal to the increase in the equalized assessed value
for the current tax year above the equalized assessed
value for 1977 in tax year 2006 and thereafter,
provided that it was assessed for that year as
residential property qualified for any of the
homestead exemptions under Sections 15-170 through
15-175 of this Code, then in force, and further
provided that the property's assessment was not based
on a reduced assessed value resulting from a temporary
irregularity in the property for that year. Except as
provided in subdivision (b)(3)(B), if the property did
not have a residential equalized assessed value for the
base year, then "base homestead value" means the base
homestead value established by the assessor under
subsection (c).
(A-5) On or before September 1, 2007, in Cook
County, the base homestead value, as set forth under
subdivision (b)(3)(A) and except as provided under
subdivision (b) (3) (B), must be recalculated as the
equalized assessed value of the property for the base
year, prior to exemptions, minus:
(1) if the general assessment year for the
property was 2003, the lesser of (i) $4,500 or (ii)
the amount equal to the increase in equalized
assessed value for the 2002 tax year above the
equalized assessed value for 1977;
(2) if the general assessment year for the
property was 2004, the lesser of (i) $4,500 or (ii)
the amount equal to the increase in equalized
assessed value for the 2003 tax year above the
equalized assessed value for 1977;
(3) if the general assessment year for the
property was 2005, the lesser of (i) $5,000 or (ii)
the amount equal to the increase in equalized
assessed value for the 2004 tax year above the
equalized assessed value for 1977.
(B) If the property is sold or ownership is
otherwise transferred, other than sales or transfers
between spouses or between a parent and a child, "base
homestead value" means the equalized assessed value of
the property at the time of the sale or transfer prior
to exemptions, minus: (i) $4,500 in Cook County or
$3,500 in all other counties in tax year 2003; (ii)
$5,000 in all counties in tax years 2004 and 2005; and
(iii) the lesser of the amount of the general homestead
exemption under Section 15-175 or an amount equal to
the increase in the equalized assessed value for the
current tax year above the equalized assessed value for
1977 in tax year 2006 and thereafter, provided that it
was assessed as residential property qualified for any
of the homestead exemptions under Sections 15-170
through 15-175 of this Code, then in force, and further
provided that the property's assessment was not based
on a reduced assessed value resulting from a temporary
irregularity in the property.
(3.5) "Base year" means (i) tax year 2002 in Cook
County or (ii) tax year 2008 or 2009 in all other counties
in accordance with the designation made by the county as
provided in subsection (k).
(4) "Current tax year" means the tax year for which the
exemption under this Section is being applied.
(5) "Equalized assessed value" means the property's
assessed value as equalized by the Department.
(6) "Homestead" or "homestead property" means:
(A) Residential property that as of January 1 of
the tax year is occupied by its owner or owners as his,
her, or their principal dwelling place, or that is a
leasehold interest on which a single family residence
is situated, that is occupied as a residence by a
person who has a legal or equitable interest therein
evidenced by a written instrument, as an owner or as a
lessee, and on which the person is liable for the
payment of property taxes. Residential units in an
apartment building owned and operated as a
cooperative, or as a life care facility, which are
occupied by persons who hold a legal or equitable
interest in the cooperative apartment building or life
care facility as owners or lessees, and who are liable
by contract for the payment of property taxes, shall be
included within this definition of homestead property.
(B) A homestead includes the dwelling place,
appurtenant structures, and so much of the surrounding
land constituting the parcel on which the dwelling
place is situated as is used for residential purposes.
If the assessor has established a specific legal
description for a portion of property constituting the
homestead, then the homestead shall be limited to the
property within that description.
(7) "Life care facility" means a facility as defined in
Section 2 of the Life Care Facilities Act.
(c) If the property did not have a residential equalized
assessed value for the base year as provided in subdivision
(b)(3)(A) of this Section, then the assessor shall first
determine an initial value for the property by comparison with
assessed values for the base year of other properties having
physical and economic characteristics similar to those of the
subject property, so that the initial value is uniform in
relation to assessed values of those other properties for the
base year. The product of the initial value multiplied by the
equalized factor for the base year for homestead properties in
that county, less: (i) $4,500 in Cook County or $3,500 in all
other counties in tax year years 2003; (ii) $5,000 in all
counties in tax years year 2004 and 2005; and (iii) the lesser
of the amount of the general homestead exemption under Section
15-175 or an amount equal to the increase in the equalized
assessed value for the current tax year above the equalized
assessed value for 1977 in tax year 2006 and thereafter, is the
base homestead value.
For any tax year for which the assessor determines or
adjusts an initial value and hence a base homestead value under
this subsection (c), the initial value shall be subject to
review by the same procedures applicable to assessed values
established under this Code for that tax year.
(d) The base homestead value shall remain constant, except
that the assessor may revise it under the following
circumstances:
(1) If the equalized assessed value of a homestead
property for the current tax year is less than the previous
base homestead value for that property, then the current
equalized assessed value (provided it is not based on a
reduced assessed value resulting from a temporary
irregularity in the property) shall become the base
homestead value in subsequent tax years.
(2) For any year in which new buildings, structures, or
other improvements are constructed on the homestead
property that would increase its assessed value, the
assessor shall adjust the base homestead value as provided
in subsection (c) of this Section with due regard to the
value added by the new improvements.
(3) If the property is sold or ownership is otherwise
transferred, the base homestead value of the property shall
be adjusted as provided in subdivision (b)(3)(B). This item
(3) does not apply to sales or transfers between spouses or
between a parent and a child.
(4) the recalculation required in Cook County under
subdivision (b)(3)(A-5).
(e) The amount of the exemption under this Section is the
equalized assessed value of the homestead property for the
current tax year, minus the adjusted homestead value, with the
following exceptions:
(1) In Cook County, the exemption under this Section
shall not exceed $20,000 for any taxable year through tax
year:
(i) 2005, if the general assessment year for the
property is 2003;
(ii) 2006, if the general assessment year for the
property is 2004; or
(iii) 2007, if the general assessment year for the
property is 2005.
(1.1) Thereafter, in Cook County, and in all other
counties, the exemption is as follows:
(i) if the general assessment year for the property
is 2006, then the exemption may not exceed: $33,000 for
taxable year 2006; $26,000 for taxable year 2007;
$20,000 for taxable years 2008 and 2009; $16,000 for
taxable year 2010; and $12,000 for taxable year 2011;
(ii) if the general assessment year for the
property is 2007, then the exemption may not exceed:
$33,000 for taxable year 2007; $26,000 for taxable year
2008; $20,000 for taxable years 2009 and 2010; $16,000
for taxable year 2011; and $12,000 for taxable year
2012; and
(iii) if the general assessment year for the
property is 2008, then the exemption may not exceed:
$33,000 for taxable year 2008; $26,000 for taxable year
2009; $20,000 for taxable years 2010 and 2011; $16,000
for taxable year 2012; and $12,000 for taxable year
2013.
(1.5) In Cook County, for the 2006 taxable year only, the
maximum amount of the exemption set forth under subsection
(e)(1.1)(i) of this Section may be increased: (i) by $7,000 if
the equalized assessed value of the property in that taxable
year exceeds the equalized assessed value of that property in
2002 by 100% or more; or (ii) by $2,000 if the equalized
assessed value of the property in that taxable year exceeds the
equalized assessed value of that property in 2002 by more than
80% but less than 100%.
(2) In the case of homestead property that also
qualifies for the exemption under Section 15-172, the
property is entitled to the exemption under this Section,
limited to the amount of (i) $4,500 in Cook County or
$3,500 in all other counties in tax year 2003, (ii) $5,000
in all counties in tax years 2004 and 2005, or (iii) the
lesser of the amount of the general homestead exemption
under Section 15-175 or an amount equal to the increase in
the equalized assessed value for the current tax year above
the equalized assessed value for 1977 in tax year 2006 and
thereafter.
(f) In the case of an apartment building owned and operated
as a cooperative, or as a life care facility, that contains
residential units that qualify as homestead property under this
Section, the maximum cumulative exemption amount attributed to
the entire building or facility shall not exceed the sum of the
exemptions calculated for each qualified residential unit. The
cooperative association, management firm, or other person or
entity that manages or controls the cooperative apartment
building or life care facility shall credit the exemption
attributable to each residential unit only to the apportioned
tax liability of the owner or other person responsible for
payment of taxes as to that unit. Any person who willfully
refuses to so credit the exemption is guilty of a Class B
misdemeanor.
(g) When married persons maintain separate residences, the
exemption provided under this Section shall be claimed by only
one such person and for only one residence.
(h) In the event of a sale or other transfer in ownership
of the homestead property, the exemption under this Section
shall remain in effect for the remainder of the tax year and be
calculated using the same base homestead value in which the
sale or transfer occurs, but (other than for sales or transfers
between spouses or between a parent and a child) shall be
calculated for any subsequent tax year using the new base
homestead value as provided in subdivision (b)(3)(B). The
assessor may require the new owner of the property to apply for
the exemption in the following year.
(i) The assessor may determine whether property qualifies
as a homestead under this Section by application, visual
inspection, questionnaire, or other reasonable methods. Each
year, at the time the assessment books are certified to the
county clerk by the board of review, the assessor shall furnish
to the county clerk a list of the properties qualified for the
homestead exemption under this Section. The list shall note the
base homestead value of each property to be used in the
calculation of the exemption for the current tax year.
(j) In counties with 3,000,000 or more inhabitants, the
provisions of this Section apply as follows:
(1) If the general assessment year for the property is
2003, this Section applies for assessment years 2003
through 2011. Thereafter, the provisions of Section 15-175
apply.
(2) If the general assessment year for the property is
2004, this Section applies for assessment years 2004
through 2012. Thereafter, the provisions of Section 15-175
apply.
(3) If the general assessment year for the property is
2005, this Section applies for assessment years 2005
through 2013. Thereafter, the provisions of Section 15-175
apply.
In counties with less than 3,000,000 inhabitants, this
Section applies for assessment years (i) 2009, 2010, 2011, and
2012 if tax year 2008 is the designated base year or (ii) 2010,
2011, 2012, and 2013 if tax year 2009 is the designated base
year. Thereafter, the provisions of Section 15-175 apply.
(k) To be subject to the provisions of this Section in lieu
of Section 15-175, a county must adopt an ordinance to subject
itself to the provisions of this Section within 6 months after
August 2, 2010 (the effective date of Public Act 96-1418) this
amendatory Act of the 96th General Assembly. In a county other
than Cook County, the ordinance must designate either tax year
2008 or tax year 2009 as the base year.
(l) Notwithstanding Sections 6 and 8 of the State Mandates
Act, no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 95-644, eff 10-12-07; 96-1418, eff. 8-2-10;
revised 9-13-16.)
(35 ILCS 200/21-380)
Sec. 21-380. Redemption under protest. Any person
redeeming under this Section at a time subsequent to the filing
of a petition under Section 22-30 or 21-445, who desires to
preserve his or her right to defend against the petition for a
tax deed, shall accompany the deposit for redemption with a
writing substantially in the following form:
Redemption Under Protest
Tax Deed Case No. ...........................................
Vol. No. ....................................................
Property Index No.
or Legal Description. ...................................
Original Amount of Tax $. ...................................
Amount Deposited for Redemption $. ..........................
Name of Petitioner. .........................................
Tax Year Included in Judgment. ..............................
Date of Sale. ...............................................
Expiration Date of the Period of Redemption. ................
To the county clerk of ........ County:
This redemption is made under protest for the following
reasons: (here set forth and specify the grounds relied upon
for the objection)
Name of party redeeming. ....................................
Address. ....................................................
Any grounds for the objection not specified at the time of
the redemption under protest shall not be considered by the
court. The specified grounds for the objections shall be
limited to those defenses as would provide sufficient basis to
deny entry of an order for issuance of a tax deed. Nothing in
this Section shall be construed to authorize or revive any
objection to the tax sale or underlying taxes which was
estopped by entry of the order for sale as set forth in Section
22-75.
The person protesting shall present to the county clerk 3
copies of the written protest signed by himself or herself. The
clerk shall write or stamp the date of receipt upon the copies
and sign them. He or she shall retain one of the copies,
another he or she shall deliver to the person making the
redemption, who shall file the copy with the clerk of the court
in which the tax deed petition is pending, and the third he or
she shall forward to the petitioner named therein.
The county clerk shall enter the redemption as provided in
Section 21-230 and shall note the redemption under protest. The
redemption money so deposited shall not be distributed to the
holder of the certificate of purchase but shall be retained by
the county clerk pending disposition of the petition filed
under Section 22-30.
Redemption under protest constitutes the appearance of the
person protesting in the proceedings under Sections Section
22-30 through 22-55 and that person shall present a defense to
the petition for tax deed at the time which the court directs.
Failure to appear and defend shall constitute a waiver of the
protest and the court shall order the redemption money
distributed to the holder of the certificate of purchase upon
surrender of that certificate and shall dismiss the
proceedings.
When the party redeeming appears and presents a defense,
the court shall hear and determine the matter. If the defense
is not sustained, the court shall order the protest stricken
and direct the county clerk to distribute the redemption money
upon surrender of the certificate of purchase and shall order
the party redeeming to pay the petitioner reasonable expenses,
actually incurred, including the cost of withheld redemption
money, together with a reasonable attorneys fee. Upon a finding
sustaining the protest in whole or in part, the court may
declare the sale to be a sale in error under Section 21-310 or
Section 22-45, and shall direct the county clerk to return all
or part of the redemption money or deposit to the party
redeeming.
(Source: P.A. 86-286; 86-413; 86-418; 86-949; 86-1028;
86-1158; 86-1481; 87-145; 87-236; 87-435; 87-895; 87-1189;
88-455; revised 9-14-16.)
(35 ILCS 200/31-45)
Sec. 31-45. Exemptions. The following deeds or trust
documents shall be exempt from the provisions of this Article
except as provided in this Section:
(a) Deeds representing real estate transfers made
before January 1, 1968, but recorded after that date and
trust documents executed before January 1, 1986, but
recorded after that date.
(b) Deeds to or trust documents relating to (1)
property acquired by any governmental body or from any
governmental body, (2) property or interests transferred
between governmental bodies, or (3) property acquired by or
from any corporation, society, association, foundation or
institution organized and operated exclusively for
charitable, religious or educational purposes. However,
deeds or trust documents, other than those in which the
Administrator of Veterans Veterans' Affairs of the United
States is the grantee pursuant to a foreclosure proceeding,
shall not be exempt from filing the declaration.
(c) Deeds or trust documents that secure debt or other
obligation.
(d) Deeds or trust documents that, without additional
consideration, confirm, correct, modify, or supplement a
deed or trust document previously recorded.
(e) Deeds or trust documents where the actual
consideration is less than $100.
(f) Tax deeds.
(g) Deeds or trust documents that release property that
is security for a debt or other obligation.
(h) Deeds of partition.
(i) Deeds or trust documents made pursuant to mergers,
consolidations or transfers or sales of substantially all
of the assets of corporations under plans of reorganization
under the Federal Internal Revenue Code or Title 11 of the
Federal Bankruptcy Act.
(j) Deeds or trust documents made by a subsidiary
corporation to its parent corporation for no consideration
other than the cancellation or surrender of the
subsidiary's stock.
(k) Deeds when there is an actual exchange of real
estate and trust documents when there is an actual exchange
of beneficial interests, except that that money difference
or money's worth paid from one to the other is not exempt
from the tax. These deeds or trust documents, however,
shall not be exempt from filing the declaration.
(l) Deeds issued to a holder of a mortgage, as defined
in Section 15-103 of the Code of Civil Procedure, pursuant
to a mortgage foreclosure proceeding or pursuant to a
transfer in lieu of foreclosure.
(m) A deed or trust document related to the purchase of
a principal residence by a participant in the program
authorized by the Home Ownership Made Easy Act, except that
those deeds and trust documents shall not be exempt from
filing the declaration.
(Source: P.A. 91-555, eff. 1-1-00; revised 9-14-16.)
Section 235. The Local Tax Collection Act is amended by
changing Section 1 as follows:
(35 ILCS 720/1) (from Ch. 120, par. 1901)
Sec. 1. (a) The Department of Revenue and any unit of local
government may agree to the Department's collecting, and
transmitting back to the unit of local government, any tax
lawfully imposed by that unit of local government, the subject
of which is similar to that of a tax imposed by the State and
collected by the Department of Revenue, unless the General
Assembly has specifically required a different method of
collection for such tax. However, the Department may not enter
into a contract with any unit of local government pursuant to
this Act for the collection of any tax based on the sale or use
of tangible personal property generally, not including taxes
based only on the sale or use of specifically limited kinds of
tangible personal property, unless the ordinance adopted by the
unit of local government imposes a sales or use tax which is
substantively identical to and which contains the same
exemptions as the taxes imposed by the unit of local
government's ordinances authorized by the Home Rule or Non-Home
Rule Municipal or County Retailers' Occupation Tax Act, the
Home Rule or Non-Home Rule Municipal or County Use Tax, or any
other Retailers' Occupation Tax Act or Law that is administered
by the Department of Revenue, as interpreted by the Department
through its regulations as those Acts and as those regulations
may from time to time be amended.
(b) Regarding the collection of a tax pursuant to this
Section, the Department and any person subject to a tax
collected by the Department pursuant to this Section shall, as
much as practicable, have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties,
definitions of terms and procedures, as those set forth in the
Act imposing the State tax, the subject of which is similar to
the tax being collected by the Department pursuant to this
Section. The Department and unit of local government shall
specifically agree in writing to such rights, remedies,
privileges, immunities, powers, duties, conditions,
restrictions, limitations, penalties, definitions of terms and
procedures, as well as any other terms deemed necessary or
advisable. All terms so agreed upon shall be incorporated into
an ordinance of such unit of local government, and the
Department shall not collect the tax pursuant to this Section
until such ordinance takes effect.
(c) (1) The Department shall forthwith pay over to the
State Treasurer, ex officio, as trustee, all taxes and
penalties collected hereunder. On or before the 25th day of
each calendar month, the Department shall prepare and certify
to the Comptroller the disbursement of stated sums of money to
named units of local government from which retailers or other
taxpayers have paid taxes or penalties hereunder to the
Department during the second preceding calendar month.
(i) The amount to be paid to each unit of local government
shall equal the taxes and penalties collected by the Department
for the unit of local government pursuant to this Section
during the second preceding calendar month (not including
credit memoranda), plus an amount the Department determines is
necessary to offset any amounts which were erroneously paid to
a different taxing body, and not including (i) an amount equal
to the amount of refunds made during the second preceding
calendar month by the Department of behalf of such county or
municipality and (ii) any amount which the Department
determines is necessary to offset any amounts which are payable
to a different taxing body but were erroneously paid to the
municipality or county, less 2% of the balance, or any greater
amount of the balance as provided in the agreement between the
Department and the unit of local government required under this
Section, which sum shall be retained by the State Treasurer.
(ii) With respect to the amount to be retained by the State
Treasurer pursuant to subparagraph (i), the Department, at the
time of each monthly disbursement to the units of local
government, shall prepare and certify to the Comptroller the
amount so retained by the State Treasurer, which shall be
transferred into the Tax Compliance and Administration Fund and
used by the Department, subject to appropriation, to cover the
costs incurred by the Department in collecting taxes and
penalties.
(2) Within 10 days after receiving the certifications
described in paragraph (1), the Comptroller shall issue orders
for payment of the amounts specified in subparagraph (i) of
paragraph (1).
(d) Any unit of local government which imposes a tax
collected by the Department pursuant to this Section must file
a certified copy of the ordinance imposing the tax with the
Department within 10 days after its passage. Beginning on June
30, 2016 (the effective date of Public Act 99-517) this
amendatory Act of the 99th General Assembly, an ordinance or
resolution imposing or discontinuing a tax collected by the
Department under this Section or effecting a change in the rate
thereof shall either (i) be adopted and a certified copy
thereof filed with the Department on or before the first day of
April, whereupon the Department shall proceed to administer and
enforce the tax imposition, discontinuance, or rate change as
of the first day of July next following the adoption and
filing; or (ii) be adopted and certified copy thereof filed
with the Department on or before the first day of October,
whereupon the Department shall proceed to administer and
enforce the tax imposition, discontinuance, or rate change as
of the first day of January next following the adoption and
filing.
(e) It is declared to be the law of this State, pursuant to
paragraph (g) of Section 6 of Article VII of the Illinois
Constitution, that Public Act 85-1215 this amendatory Act of
1988 is a denial of the power of a home rule unit to fail to
comply with the requirements of subsection paragraphs (d) and
(e) of this Section.
(Source: P.A. 99-517, eff. 6-30-16; revised 10-31-16.)
Section 240. The Illinois Pension Code is amended by
changing Sections 1-113, 1-113.4, 1-160, 4-106.1, 4-121,
8-107.2, 8-114, 9-121.6, 11-116, 11-125.5, 18-125, and 22A-111
as follows:
(40 ILCS 5/1-113) (from Ch. 108 1/2, par. 1-113)
Sec. 1-113. Investment authority of certain pension funds,
not including those established under Article 3 or 4. The
investment authority of a board of trustees of a retirement
system or pension fund established under this Code shall, if so
provided in the Article establishing such retirement system or
pension fund, embrace the following investments:
(1) Bonds, notes and other direct obligations of the
United States Government; bonds, notes and other
obligations of any United States Government agency or
instrumentality, whether or not guaranteed; and
obligations the principal and interest of which are
guaranteed unconditionally by the United States Government
or by an agency or instrumentality thereof.
(2) Obligations of the Inter-American Development
Bank, the International Bank for Reconstruction and
Development, the African Development Bank, the
International Finance Corporation, and the Asian
Development Bank.
(3) Obligations of any state, or of any political
subdivision in Illinois, or of any county or city in any
other state having a population as shown by the last
federal census of not less than 30,000 inhabitants provided
that such political subdivision is not permitted by law to
become indebted in excess of 10% of the assessed valuation
of property therein and has not defaulted for a period
longer than 30 days in the payment of interest and
principal on any of its general obligations or indebtedness
during a period of 10 calendar years immediately preceding
such investment.
(4) Nonconvertible bonds, debentures, notes and other
corporate obligations of any corporation created or
existing under the laws of the United States or any state,
district or territory thereof, provided there has been no
default on the obligations of the corporation or its
predecessor(s) during the 5 calendar years immediately
preceding the purchase. Up to 5% of the assets of a pension
fund established under Article 9 of this Code may be
invested in nonconvertible bonds, debentures, notes, and
other corporate obligations of corporations created or
existing under the laws of a foreign country, provided
there has been no default on the obligations of the
corporation or its predecessors during the 5 calendar years
immediately preceding the date of purchase.
(5) Obligations guaranteed by the Government of
Canada, or by any Province of Canada, or by any Canadian
city with a population of not less than 150,000
inhabitants, provided (a) they are payable in United States
currency and are exempt from any Canadian withholding tax;
(b) the investment in any one issue of bonds shall not
exceed 10% of the amount outstanding; and (c) the total
investments at book value in Canadian securities shall be
limited to 5% of the total investment account of the board
at book value.
(5.1) Direct obligations of the State of Israel for the
payment of money, or obligations for the payment of money
which are guaranteed as to the payment of principal and
interest by the State of Israel, or common or preferred
stock or notes issued by a bank owned or controlled in
whole or in part by the State of Israel, on the following
conditions:
(a) The total investments in such obligations
shall not exceed 5% of the book value of the aggregate
investments owned by the board;
(b) The State of Israel shall not be in default in
the payment of principal or interest on any of its
direct general obligations on the date of such
investment;
(c) The bonds, stock or notes, and interest thereon
shall be payable in currency of the United States;
(d) The bonds shall (1) contain an option for the
redemption thereof after 90 days from date of purchase
or (2) either become due 5 years from the date of their
purchase or be subject to redemption 120 days after the
date of notice for redemption;
(e) The investment in these obligations has been
approved in writing by investment counsel employed by
the board, which counsel shall be a national or state
bank or trust company authorized to do a trust business
in the State of Illinois, or an investment advisor
qualified under the federal Federal Investment
Advisers Advisors Act of 1940 and registered under the
Illinois Securities Law Act of 1953;
(f) The fund or system making the investment shall
have at least $5,000,000 of net present assets.
(6) Notes secured by mortgages under Sections 203, 207,
220 and 221 of the National Housing Act which are insured
by the Federal Housing Commissioner, or his successor
assigns, or debentures issued by such Commissioner, which
are guaranteed as to principal and interest by the Federal
Housing Administration, or agency of the United States
Government, provided the aggregate investment shall not
exceed 20% of the total investment account of the board at
book value, and provided further that the investment in
such notes under Sections 220 and 221 shall in no event
exceed one-half of the maximum investment in notes under
this paragraph.
(7) Loans to veterans guaranteed in whole or part by
the United States Government pursuant to Title III of the
Act of Congress known as the "Servicemen's Readjustment Act
of 1944," 58 Stat. 284, 38 U.S.C. 693, as amended or
supplemented from time to time, provided such guaranteed
loans are liens upon real estate.
(8) Common and preferred stocks and convertible debt
securities authorized for investment of trust funds under
the laws of the State of Illinois, provided:
(a) the common stocks, except as provided in
subparagraph (g), are listed on a national securities
exchange or board of trade, as defined in the federal
Securities Exchange Act of 1934, or quoted in the
National Association of Securities Dealers Automated
Quotation System (NASDAQ);
(b) the securities are of a corporation created or
existing under the laws of the United States or any
state, district or territory thereof, except that up to
5% of the assets of a pension fund established under
Article 9 of this Code may be invested in securities
issued by corporations created or existing under the
laws of a foreign country, if those securities are
otherwise in conformance with this paragraph (8);
(c) the corporation is not in arrears on payment of
dividends on its preferred stock;
(d) the total book value of all stocks and
convertible debt owned by any pension fund or
retirement system shall not exceed 40% of the aggregate
book value of all investments of such pension fund or
retirement system, except for a pension fund or
retirement system governed by Article 9 or 17, where
the total of all stocks and convertible debt shall not
exceed 50% of the aggregate book value of all fund
investments, and except for a pension fund or
retirement system governed by Article 13, where the
total market value of all stocks and convertible debt
shall not exceed 65% of the aggregate market value of
all fund investments;
(e) the book value of stock and convertible debt
investments in any one corporation shall not exceed 5%
of the total investment account at book value in which
such securities are held, determined as of the date of
the investment, and the investments in the stock of any
one corporation shall not exceed 5% of the total
outstanding stock of such corporation, and the
investments in the convertible debt of any one
corporation shall not exceed 5% of the total amount of
such debt that may be outstanding;
(f) the straight preferred stocks or convertible
preferred stocks and convertible debt securities are
issued or guaranteed by a corporation whose common
stock qualifies for investment by the board; and
(g) that any common stocks not listed or quoted as
provided in subdivision (8)(a) 8(a) above be limited to
the following types of institutions: (a) any bank which
is a member of the Federal Deposit Insurance
Corporation having capital funds represented by
capital stock, surplus and undivided profits of at
least $20,000,000; (b) any life insurance company
having capital funds represented by capital stock,
special surplus funds and unassigned surplus totalling
at least $50,000,000; and (c) any fire or casualty
insurance company, or a combination thereof, having
capital funds represented by capital stock, net
surplus and voluntary reserves of at least
$50,000,000.
(9) Withdrawable accounts of State chartered and
federal chartered savings and loan associations insured by
the Federal Savings and Loan Insurance Corporation;
deposits or certificates of deposit in State and national
banks insured by the Federal Deposit Insurance
Corporation; and share accounts or share certificate
accounts in a State or federal credit union, the accounts
of which are insured as required by the Illinois Credit
Union Act or the Federal Credit Union Act, as applicable.
No bank or savings and loan association shall receive
investment funds as permitted by this subsection (9),
unless it has complied with the requirements established
pursuant to Section 6 of the Public Funds Investment Act.
(10) Trading, purchase or sale of listed options on
underlying securities owned by the board.
(11) Contracts and agreements supplemental thereto
providing for investments in the general account of a life
insurance company authorized to do business in Illinois.
(12) Conventional mortgage pass-through securities
which are evidenced by interests in Illinois
owner-occupied residential mortgages, having not less than
an "A" rating from at least one national securities rating
service. Such mortgages may have loan-to-value ratios up to
95%, provided that any amount over 80% is insured by
private mortgage insurance. The pool of such mortgages
shall be insured by mortgage guaranty or equivalent
insurance, in accordance with industry standards.
(13) Pooled or commingled funds managed by a national
or State bank which is authorized to do a trust business in
the State of Illinois, shares of registered investment
companies as defined in the federal Investment Company Act
of 1940 which are registered under that Act, and separate
accounts of a life insurance company authorized to do
business in Illinois, where such pooled or commingled
funds, shares, or separate accounts are comprised of common
or preferred stocks, bonds, or money market instruments.
(14) Pooled or commingled funds managed by a national
or state bank which is authorized to do a trust business in
the State of Illinois, separate accounts managed by a life
insurance company authorized to do business in Illinois,
and commingled group trusts managed by an investment
adviser registered under the federal Investment Advisers
Advisors Act of 1940 (15 U.S.C. 80b-1 et seq.) and under
the Illinois Securities Law of 1953, where such pooled or
commingled funds, separate accounts or commingled group
trusts are comprised of real estate or loans upon real
estate secured by first or second mortgages. The total
investment in such pooled or commingled funds, commingled
group trusts and separate accounts shall not exceed 10% of
the aggregate book value of all investments owned by the
fund.
(15) Investment companies which (a) are registered as
such under the Investment Company Act of 1940, (b) are
diversified, open-end management investment companies and
(c) invest only in money market instruments.
(16) Up to 10% of the assets of the fund may be
invested in investments not included in paragraphs (1)
through (15) of this Section, provided that such
investments comply with the requirements and restrictions
set forth in Sections 1-109, 1-109.1, 1-109.2, 1-110, and
1-111 of this Code.
The board shall have the authority to enter into such
agreements and to execute such documents as it determines to be
necessary to complete any investment transaction.
Any limitations herein set forth shall be applicable only
at the time of purchase and shall not require the liquidation
of any investment at any time.
All investments shall be clearly held and accounted for to
indicate ownership by such board. Such board may direct the
registration of securities in its own name or in the name of a
nominee created for the express purpose of registration of
securities by a national or state bank or trust company
authorized to conduct a trust business in the State of
Illinois.
Investments shall be carried at cost or at a value
determined in accordance with generally accepted accounting
principles and accounting procedures approved by such board.
(Source: P.A. 92-53, eff. 7-12-01; revised 9-2-16.)
(40 ILCS 5/1-113.4)
Sec. 1-113.4. List of additional permitted investments for
pension funds with net assets of $5,000,000 or more.
(a) In addition to the items in Sections 1-113.2 and
1-113.3, a pension fund established under Article 3 or 4 that
has net assets of at least $5,000,000 and has appointed an
investment adviser under Section 1-113.5 may, through that
investment adviser, invest a portion of its assets in common
and preferred stocks authorized for investments of trust funds
under the laws of the State of Illinois. The stocks must meet
all of the following requirements:
(1) The common stocks are listed on a national
securities exchange or board of trade (as defined in the
federal Securities Exchange Act of 1934 and set forth in
subdivision G of Section 3 Section 3.G of the Illinois
Securities Law of 1953) or quoted in the National
Association of Securities Dealers Automated Quotation
System National Market System (NASDAQ NMS).
(2) The securities are of a corporation created or
existing under the laws of the United States or any state,
district, or territory thereof and the corporation has been
in existence for at least 5 years.
(3) The corporation has not been in arrears on payment
of dividends on its preferred stock during the preceding 5
years.
(4) The market value of stock in any one corporation
does not exceed 5% of the cash and invested assets of the
pension fund, and the investments in the stock of any one
corporation do not exceed 5% of the total outstanding stock
of that corporation.
(5) The straight preferred stocks or convertible
preferred stocks are issued or guaranteed by a corporation
whose common stock qualifies for investment by the board.
(6) The issuer of the stocks has been subject to the
requirements of Section 12 of the federal Securities
Exchange Act of 1934 and has been current with the filing
requirements of Sections 13 and 14 of that Act during the
preceding 3 years.
(b) A pension fund's total investment in the items
authorized under this Section and Section 1-113.3 shall not
exceed 35% of the market value of the pension fund's net
present assets stated in its most recent annual report on file
with the Illinois Department of Insurance.
(c) A pension fund that invests funds under this Section
shall electronically file with the Division any reports of its
investment activities that the Division may require, at the
times and in the format required by the Division.
(Source: P.A. 90-507, eff. 8-22-97; revised 10-25-16.)
(40 ILCS 5/1-160)
(Text of Section WITH the changes made by P.A. 98-641,
which has been held unconstitutional)
Sec. 1-160. Provisions applicable to new hires.
(a) The provisions of this Section apply to a person who,
on or after January 1, 2011, first becomes a member or a
participant under any reciprocal retirement system or pension
fund established under this Code, other than a retirement
system or pension fund established under Article 2, 3, 4, 5, 6,
15 or 18 of this Code, notwithstanding any other provision of
this Code to the contrary, but do not apply to any self-managed
plan established under this Code, to any person with respect to
service as a sheriff's law enforcement employee under Article
7, or to any participant of the retirement plan established
under Section 22-101. Notwithstanding anything to the contrary
in this Section, for purposes of this Section, a person who
participated in a retirement system under Article 15 prior to
January 1, 2011 shall be deemed a person who first became a
member or participant prior to January 1, 2011 under any
retirement system or pension fund subject to this Section. The
changes made to this Section by Public Act 98-596 are a
clarification of existing law and are intended to be
retroactive to the effective date of Public Act 96-889,
notwithstanding the provisions of Section 1-103.1 of this Code.
(b) "Final average salary" means the average monthly (or
annual) salary obtained by dividing the total salary or
earnings calculated under the Article applicable to the member
or participant during the 96 consecutive months (or 8
consecutive years) of service within the last 120 months (or 10
years) of service in which the total salary or earnings
calculated under the applicable Article was the highest by the
number of months (or years) of service in that period. For the
purposes of a person who first becomes a member or participant
of any retirement system or pension fund to which this Section
applies on or after January 1, 2011, in this Code, "final
average salary" shall be substituted for the following:
(1) In Article 7 (except for service as sheriff's law
enforcement employees), "final rate of earnings".
(2) In Articles 8, 9, 10, 11, and 12, "highest average
annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of
withdrawal".
(3) In Article 13, "average final salary".
(4) In Article 14, "final average compensation".
(5) In Article 17, "average salary".
(6) In Section 22-207, "wages or salary received by him
at the date of retirement or discharge".
(b-5) Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual earnings,
salary, or wages (based on the plan year) of a member or
participant to whom this Section applies shall not exceed
$106,800; however, that amount shall annually thereafter be
increased by the lesser of (i) 3% of that amount, including all
previous adjustments, or (ii) one-half the annual unadjusted
percentage increase (but not less than zero) in the consumer
price index-u for the 12 months ending with the September
preceding each November 1, including all previous adjustments.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100. The new amount resulting from each annual adjustment shall
be determined by the Public Pension Division of the Department
of Insurance and made available to the boards of the retirement
systems and pension funds by November 1 of each year.
(c) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained age
67 (beginning January 1, 2015, age 65 with respect to service
under Article 8, 11, or 12 of this Code that is subject to this
Section) and has at least 10 years of service credit and is
otherwise eligible under the requirements of the applicable
Article.
A member or participant who has attained age 62 (beginning
January 1, 2015, age 60 with respect to service under Article
8, 11, or 12 of this Code that is subject to this Section) and
has at least 10 years of service credit and is otherwise
eligible under the requirements of the applicable Article may
elect to receive the lower retirement annuity provided in
subsection (d) of this Section.
(d) The retirement annuity of a member or participant who
is retiring after attaining age 62 (beginning January 1, 2015,
age 60 with respect to service under Article 8, 11, or 12 of
this Code that is subject to this Section) with at least 10
years of service credit shall be reduced by one-half of 1% for
each full month that the member's age is under age 67
(beginning January 1, 2015, age 65 with respect to service
under Article 8, 11, or 12 of this Code that is subject to this
Section).
(e) Any retirement annuity or supplemental annuity shall be
subject to annual increases on the January 1 occurring either
on or after the attainment of age 67 (beginning January 1,
2015, age 65 with respect to service under Article 8, 11, or 12
of this Code that is subject to this Section) or the first
anniversary (the second anniversary with respect to service
under Article 8 or 11) of the annuity start date, whichever is
later. Each annual increase shall be calculated at 3% or
one-half the annual unadjusted percentage increase (but not
less than zero) in the consumer price index-u for the 12 months
ending with the September preceding each November 1, whichever
is less, of the originally granted retirement annuity. If the
annual unadjusted percentage change in the consumer price
index-u for the 12 months ending with the September preceding
each November 1 is zero or there is a decrease, then the
annuity shall not be increased.
Notwithstanding any provision of this Section to the
contrary, with respect to service under Article 8 or 11 of this
Code that is subject to this Section, no annual increase under
this subsection shall be paid or accrue to any person in year
2025. In all other years, the Fund shall continue to pay annual
increases as provided in this Section.
Notwithstanding Section 1-103.1 of this Code, the changes
in this amendatory Act of the 98th General Assembly are
applicable without regard to whether the employee was in active
service on or after the effective date of this amendatory Act
of the 98th General Assembly.
(f) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after January 1, 2011 shall be in the amount of 66 2/3% of the
retired member's or participant's retirement annuity at the
date of death. In the case of the death of a member or
participant who has not retired and who first became a member
or participant on or after January 1, 2011, eligibility for a
survivor's or widow's annuity shall be determined by the
applicable Article of this Code. The initial benefit shall be
66 2/3% of the earned annuity without a reduction due to age. A
child's annuity of an otherwise eligible child shall be in the
amount prescribed under each Article if applicable. Any
survivor's or widow's annuity shall be increased (1) on each
January 1 occurring on or after the commencement of the annuity
if the deceased member died while receiving a retirement
annuity or (2) in other cases, on each January 1 occurring
after the first anniversary of the commencement of the annuity.
Each annual increase shall be calculated at 3% or one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted survivor's annuity. If the annual
unadjusted percentage change in the consumer price index-u for
the 12 months ending with the September preceding each November
1 is zero or there is a decrease, then the annuity shall not be
increased.
(g) The benefits in Section 14-110 apply only if the person
is a State policeman, a fire fighter in the fire protection
service of a department, or a security employee of the
Department of Corrections or the Department of Juvenile
Justice, as those terms are defined in subsection (b) of
Section 14-110. A person who meets the requirements of this
Section is entitled to an annuity calculated under the
provisions of Section 14-110, in lieu of the regular or minimum
retirement annuity, only if the person has withdrawn from
service with not less than 20 years of eligible creditable
service and has attained age 60, regardless of whether the
attainment of age 60 occurs while the person is still in
service.
(h) If a person who first becomes a member or a participant
of a retirement system or pension fund subject to this Section
on or after January 1, 2011 is receiving a retirement annuity
or retirement pension under that system or fund and becomes a
member or participant under any other system or fund created by
this Code and is employed on a full-time basis, except for
those members or participants exempted from the provisions of
this Section under subsection (a) of this Section, then the
person's retirement annuity or retirement pension under that
system or fund shall be suspended during that employment. Upon
termination of that employment, the person's retirement
annuity or retirement pension payments shall resume and be
recalculated if recalculation is provided for under the
applicable Article of this Code.
If a person who first becomes a member of a retirement
system or pension fund subject to this Section on or after
January 1, 2012 and is receiving a retirement annuity or
retirement pension under that system or fund and accepts on a
contractual basis a position to provide services to a
governmental entity from which he or she has retired, then that
person's annuity or retirement pension earned as an active
employee of the employer shall be suspended during that
contractual service. A person receiving an annuity or
retirement pension under this Code shall notify the pension
fund or retirement system from which he or she is receiving an
annuity or retirement pension, as well as his or her
contractual employer, of his or her retirement status before
accepting contractual employment. A person who fails to submit
such notification shall be guilty of a Class A misdemeanor and
required to pay a fine of $1,000. Upon termination of that
contractual employment, the person's retirement annuity or
retirement pension payments shall resume and, if appropriate,
be recalculated under the applicable provisions of this Code.
(i) (Blank).
(j) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596,
eff. 11-19-13; 98-622, eff. 6-1-14; 98-641, eff. 6-9-14.)
(Text of Section WITHOUT the changes made by P.A. 98-641,
which has been held unconstitutional)
Sec. 1-160. Provisions applicable to new hires.
(a) The provisions of this Section apply to a person who,
on or after January 1, 2011, first becomes a member or a
participant under any reciprocal retirement system or pension
fund established under this Code, other than a retirement
system or pension fund established under Article 2, 3, 4, 5, 6,
15 or 18 of this Code, notwithstanding any other provision of
this Code to the contrary, but do not apply to any self-managed
plan established under this Code, to any person with respect to
service as a sheriff's law enforcement employee under Article
7, or to any participant of the retirement plan established
under Section 22-101. Notwithstanding anything to the contrary
in this Section, for purposes of this Section, a person who
participated in a retirement system under Article 15 prior to
January 1, 2011 shall be deemed a person who first became a
member or participant prior to January 1, 2011 under any
retirement system or pension fund subject to this Section. The
changes made to this Section by Public Act 98-596 this
amendatory Act of the 98th General Assembly are a clarification
of existing law and are intended to be retroactive to January
1, 2011 (the effective date of Public Act 96-889),
notwithstanding the provisions of Section 1-103.1 of this Code.
(b) "Final average salary" means the average monthly (or
annual) salary obtained by dividing the total salary or
earnings calculated under the Article applicable to the member
or participant during the 96 consecutive months (or 8
consecutive years) of service within the last 120 months (or 10
years) of service in which the total salary or earnings
calculated under the applicable Article was the highest by the
number of months (or years) of service in that period. For the
purposes of a person who first becomes a member or participant
of any retirement system or pension fund to which this Section
applies on or after January 1, 2011, in this Code, "final
average salary" shall be substituted for the following:
(1) In Article 7 (except for service as sheriff's law
enforcement employees), "final rate of earnings".
(2) In Articles 8, 9, 10, 11, and 12, "highest average
annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of
withdrawal".
(3) In Article 13, "average final salary".
(4) In Article 14, "final average compensation".
(5) In Article 17, "average salary".
(6) In Section 22-207, "wages or salary received by him
at the date of retirement or discharge".
(b-5) Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual earnings,
salary, or wages (based on the plan year) of a member or
participant to whom this Section applies shall not exceed
$106,800; however, that amount shall annually thereafter be
increased by the lesser of (i) 3% of that amount, including all
previous adjustments, or (ii) one-half the annual unadjusted
percentage increase (but not less than zero) in the consumer
price index-u for the 12 months ending with the September
preceding each November 1, including all previous adjustments.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100. The new amount resulting from each annual adjustment shall
be determined by the Public Pension Division of the Department
of Insurance and made available to the boards of the retirement
systems and pension funds by November 1 of each year.
(c) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained age
67 (beginning January 1, 2015, age 65 with respect to service
under Article 12 of this Code that is subject to this Section)
and has at least 10 years of service credit and is otherwise
eligible under the requirements of the applicable Article.
A member or participant who has attained age 62 (beginning
January 1, 2015, age 60 with respect to service under Article
12 of this Code that is subject to this Section) and has at
least 10 years of service credit and is otherwise eligible
under the requirements of the applicable Article may elect to
receive the lower retirement annuity provided in subsection (d)
of this Section.
(d) The retirement annuity of a member or participant who
is retiring after attaining age 62 (beginning January 1, 2015,
age 60 with respect to service under Article 12 of this Code
that is subject to this Section) with at least 10 years of
service credit shall be reduced by one-half of 1% for each full
month that the member's age is under age 67 (beginning January
1, 2015, age 65 with respect to service under Article 12 of
this Code that is subject to this Section).
(e) Any retirement annuity or supplemental annuity shall be
subject to annual increases on the January 1 occurring either
on or after the attainment of age 67 (beginning January 1,
2015, age 65 with respect to service under Article 12 of this
Code that is subject to this Section) or the first anniversary
of the annuity start date, whichever is later. Each annual
increase shall be calculated at 3% or one-half the annual
unadjusted percentage increase (but not less than zero) in the
consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted retirement annuity. If the annual
unadjusted percentage change in the consumer price index-u for
the 12 months ending with the September preceding each November
1 is zero or there is a decrease, then the annuity shall not be
increased.
(f) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after January 1, 2011 shall be in the amount of 66 2/3% of the
retired member's or participant's retirement annuity at the
date of death. In the case of the death of a member or
participant who has not retired and who first became a member
or participant on or after January 1, 2011, eligibility for a
survivor's or widow's annuity shall be determined by the
applicable Article of this Code. The initial benefit shall be
66 2/3% of the earned annuity without a reduction due to age. A
child's annuity of an otherwise eligible child shall be in the
amount prescribed under each Article if applicable. Any
survivor's or widow's annuity shall be increased (1) on each
January 1 occurring on or after the commencement of the annuity
if the deceased member died while receiving a retirement
annuity or (2) in other cases, on each January 1 occurring
after the first anniversary of the commencement of the annuity.
Each annual increase shall be calculated at 3% or one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted survivor's annuity. If the annual
unadjusted percentage change in the consumer price index-u for
the 12 months ending with the September preceding each November
1 is zero or there is a decrease, then the annuity shall not be
increased.
(g) The benefits in Section 14-110 apply only if the person
is a State policeman, a fire fighter in the fire protection
service of a department, or a security employee of the
Department of Corrections or the Department of Juvenile
Justice, as those terms are defined in subsection (b) of
Section 14-110. A person who meets the requirements of this
Section is entitled to an annuity calculated under the
provisions of Section 14-110, in lieu of the regular or minimum
retirement annuity, only if the person has withdrawn from
service with not less than 20 years of eligible creditable
service and has attained age 60, regardless of whether the
attainment of age 60 occurs while the person is still in
service.
(h) If a person who first becomes a member or a participant
of a retirement system or pension fund subject to this Section
on or after January 1, 2011 is receiving a retirement annuity
or retirement pension under that system or fund and becomes a
member or participant under any other system or fund created by
this Code and is employed on a full-time basis, except for
those members or participants exempted from the provisions of
this Section under subsection (a) of this Section, then the
person's retirement annuity or retirement pension under that
system or fund shall be suspended during that employment. Upon
termination of that employment, the person's retirement
annuity or retirement pension payments shall resume and be
recalculated if recalculation is provided for under the
applicable Article of this Code.
If a person who first becomes a member of a retirement
system or pension fund subject to this Section on or after
January 1, 2012 and is receiving a retirement annuity or
retirement pension under that system or fund and accepts on a
contractual basis a position to provide services to a
governmental entity from which he or she has retired, then that
person's annuity or retirement pension earned as an active
employee of the employer shall be suspended during that
contractual service. A person receiving an annuity or
retirement pension under this Code shall notify the pension
fund or retirement system from which he or she is receiving an
annuity or retirement pension, as well as his or her
contractual employer, of his or her retirement status before
accepting contractual employment. A person who fails to submit
such notification shall be guilty of a Class A misdemeanor and
required to pay a fine of $1,000. Upon termination of that
contractual employment, the person's retirement annuity or
retirement pension payments shall resume and, if appropriate,
be recalculated under the applicable provisions of this Code.
(i) (Blank).
(j) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596,
eff. 11-19-13; 98-622, eff. 6-1-14; revised 3-24-16.)
(40 ILCS 5/4-106.1) (from Ch. 108 1/2, par. 4-106.1)
Sec. 4-106.1. Discontinuation of fire protection district;
annexation to fire protection district; dissolution and
reestablishment of inactive firefighters' pension funds.
(a) Whenever a fire protection district which has
established a pension fund under this Article is discontinued
under the Fire Protection District Act "An Act in Relation to
Fire Protection Districts", and the municipality assuming the
obligations of the district is required to and has established
a Firefighters' Pension Fund under this Article, the assets of
the fund established by the district shall be transferred to
the "Board of Trustees of the Firefighters' Firefighters
Pension Fund" of the municipality. The Firefighters'
Firefighter's Pension Fund of the municipality shall assume all
accrued liabilities of the district's pension fund, and all
accrued rights, benefits and future expectancies of the
members, retired employees and beneficiaries of the district's
fund shall remain unimpaired.
(b) If a municipal fire department for which a pension fund
has been established under this Article is discontinued and the
affected territory is annexed by a fire protection district,
and the fire protection district is required to and has
established a firefighters' pension fund under this Article,
then the assets of the firefighters' pension fund established
by the municipality shall be transferred to the board of
trustees of the pension fund of the fire protection district.
The firefighters' pension fund of the fire protection district
shall assume all liabilities of the municipality's
firefighters' pension fund, and all of the accrued rights,
benefits, and future expectancies of the members, retired
employees, and beneficiaries of the municipality's
firefighters' pension fund shall remain unimpaired.
(c) The corporate authorities of a municipality for which a
pension fund has been established under this Article may, by
resolution or ordinance, dissolve the fund if an independent
auditor has certified to the authorities that the fund has no
liabilities, participants, or beneficiaries entitled to
benefits, and the authorities shall reestablish the fund if a
firefighter of the municipality seeks to establish service
credit in the fund or if reestablishment of the fund is
required upon a former firefighter's reinstatement of
creditable service under subsection (g) of Section 4-109.3 of
this Code.
The Public Pension Division of the Department of Insurance
shall adopt rules regarding the process and procedures for (i)
dissolving a pension fund under this Section and (ii)
redistributing assets and reestablishing the fund if
reestablishment of the fund is necessary.
(Source: P.A. 97-99, eff. 1-1-12; revised 9-2-16.)
(40 ILCS 5/4-121) (from Ch. 108 1/2, par. 4-121)
Sec. 4-121. Board created. There is created in each
municipality or fire protection district a board of trustees to
be known as the "Board of Trustees of the Firefighters' Pension
Fund". The membership of the board for each municipality shall
be, respectively, as follows: in cities, the treasurer, clerk,
marshal, or chief officer of the fire department, and the
comptroller if there is one, or if not, the mayor; in each
township, village or incorporated town, the president of the
municipality's board of trustees, the village or town clerk,
village or town attorney, village or town treasurer, and the
chief officer of the fire department; and in each fire
protection district, the president and other 2 members of its
board of trustees and the marshal or chief of its fire
department or service, as the case may be; and in all the
municipalities above designated 3 additional persons chosen
from their active firefighters and one other person who has
retired under the "Firemen's Pension Fund Act of 1919", or this
Article. Notwithstanding any provision of this Section to the
contrary, the term of office of each member of a board
established on or before the 3rd Monday in April, 2006 shall
terminate on the 3rd Monday in April, 2006, but all incumbent
members shall continue to exercise all of the powers and be
subject to all of the duties of a member of the board until all
the new members of the board take office.
Beginning on the 3rd Monday in April, 2006, the board for
each municipality or fire protection district shall consist of
5 members. Two members of the board shall be appointed by the
mayor or president of the board of trustees of the municipality
or fire protection district involved. Two members of the board
shall be active participants of the pension fund who are
elected from the active participants of the fund. One member of
the board shall be a person who is retired under the Firemen's
Pension Fund Act of 1919 or this Article who is elected from
persons retired under the Firemen's Pension Fund Act of 1919 or
this Article.
For the purposes of this Section, a firefighter receiving a
disability pension shall be considered a retired firefighter.
In the event that there are no retired firefighters under the
Fund or if none is willing to serve on the board, then an
additional active firefighter shall be elected to the board in
lieu of the retired firefighter that would otherwise be
elected.
If the regularly constituted fire department of a
municipality is dissolved and Section 4-106.1 is not
applicable, the board shall continue to exist and administer
the Fund so long as there continues to be any annuitant or
deferred pensioner in the Fund. In such cases, elections shall
continue to be held as specified in this Section, except that:
(1) deferred pensioners shall be deemed to be active members
for the purposes of such elections; (2) any otherwise
unfillable positions on the board, including ex officio
positions, shall be filled by election from the remaining
firefighters and deferred pensioners of the Fund, to the extent
possible; and (3) if the membership of the board falls below 3
persons, the Illinois Director of Insurance or his designee
shall be deemed a member of the board, ex officio.
The members chosen from the active and retired firefighters
shall be elected by ballot at elections to be held on the 3rd
Monday in April of the applicable years under the Australian
ballot system, at such place or places, in the municipality,
and under such regulations as shall be prescribed by the board.
No person shall cast more than one vote for each candidate
for whom he or she is eligible to vote. In the elections for
board members to be chosen from the active firefighters, all
active firefighters and no others may vote. In the elections
for board members to be chosen from retired firefighters, the
retired firefighters and no others may vote.
Each member of the board so elected shall hold office for a
term of 3 years and until his or her successor has been duly
elected and qualified.
The board shall canvass the ballots and declare which
persons have been elected and for what term or terms
respectively. In case of a tie vote between 2 or more
candidates, the board shall determine by lot which candidate or
candidates have been elected and for what term or terms
respectively. In the event of the failure, resignation, or
inability to act of any board member, a successor shall be
elected for the unexpired term at a special election called by
the board and conducted in the same manner as a regular
election.
The board shall elect annually from its members a president
and secretary.
Board members shall not receive or have any right to
receive any salary from a pension fund for services performed
as board members.
(Source: P.A. 96-1000, eff. 7-2-10; revised 9-20-16.)
(40 ILCS 5/8-107.2) (from Ch. 108 1/2, par. 8-107.2)
Sec. 8-107.2. House of Correction Employees' Pension Act.
"House of Correction Employees' Pension Act": "An Act to
provide for the setting apart, formation and disbursement of a
house of correction employees pension fund in cities having a
population exceeding 150,000 inhabitants", approved June 10,
1911, as amended, and as continued in, or superseded by the
"Illinois Pension Code", approved March 18, 1963, under Article
19, Division 1, Sections Secs. 19-101 to 19-119, both
inclusive, as amended.
(Source: P.A. 81-1509; revised 9-2-16.)
(40 ILCS 5/8-114) (from Ch. 108 1/2, par. 8-114)
Sec. 8-114. Present employee. "Present employee":
(a) Any employee of an employer, or the board, on the day
before the effective date.
(b) Any person who becomes an employee of the Board of
Education on the day before the effective date and who on June
30, 1923, was a contributor to any municipal pension fund in
operation in the city on that date under the Public School
Employees' Pension Act of 1903. Any such employee shall be
considered a municipal employee during the entire time he has
been in the service of the employer.
(c) Any person who becomes an employee of the municipal
court or law department or Board of Election Commissioners on
the day before the effective date, and who on December 31,
1959, was a participant in either of the funds in operation in
the city on December 31, 1959, created under the Court and Law
Department Employees' Annuity Act or the Board of Election
Commissioners Employees' Annuity Act. Any such employee shall
be considered a municipal employee during the entire time he
has been in the service of the municipal court or law
department or Board of Election Commissioners.
(d) Any person who becomes an a employee of the Public
Library on the day before the effective date, and who on
December 31, 1965 was a contributor and participant in the fund
created under the Public Library Employes' Pension Act, in
operation in the city on December 31, 1965. Any such employee
shall be considered a municipal employee during the entire time
he has been in the service of the Public Library.
(Source: P.A. 91-357, eff. 7-29-99; revised 9-2-16.)
(40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6)
Sec. 9-121.6. Alternative annuity for county officers.
(a) Any county officer elected by vote of the people may
elect to establish alternative credits for an alternative
annuity by electing in writing to make additional optional
contributions in accordance with this Section and procedures
established by the board. Such elected county officer may
discontinue making the additional optional contributions by
notifying the Fund in writing in accordance with this Section
and procedures established by the board.
Additional optional contributions for the alternative
annuity shall be as follows:
(1) For service after the option is elected, an
additional contribution of 3% of salary shall be
contributed to the Fund on the same basis and under the
same conditions as contributions required under Sections
9-170 and 9-176.
(2) For service before the option is elected, an
additional contribution of 3% of the salary for the
applicable period of service, plus interest at the
effective rate from the date of service to the date of
payment. All payments for past service must be paid in full
before credit is given. No additional optional
contributions may be made for any period of service for
which credit has been previously forfeited by acceptance of
a refund, unless the refund is repaid in full with interest
at the effective rate from the date of refund to the date
of repayment.
(b) In lieu of the retirement annuity otherwise payable
under this Article, any county officer elected by vote of the
people who (1) has elected to participate in the Fund and make
additional optional contributions in accordance with this
Section, and (2) has attained age 60 with at least 10 years of
service credit, or has attained age 65 with at least 8 years of
service credit, may elect to have his retirement annuity
computed as follows: 3% of the participant's salary at the time
of termination of service for each of the first 8 years of
service credit, plus 4% of such salary for each of the next 4
years of service credit, plus 5% of such salary for each year
of service credit in excess of 12 years, subject to a maximum
of 80% of such salary. To the extent such elected county
officer has made additional optional contributions with
respect to only a portion of his years of service credit, his
retirement annuity will first be determined in accordance with
this Section to the extent such additional optional
contributions were made, and then in accordance with the
remaining Sections of this Article to the extent of years of
service credit with respect to which additional optional
contributions were not made.
(c) In lieu of the disability benefits otherwise payable
under this Article, any county officer elected by vote of the
people who (1) has elected to participate in the Fund, and (2)
has become permanently disabled and as a consequence is unable
to perform the duties of his office, and (3) was making
optional contributions in accordance with this Section at the
time the disability was incurred, may elect to receive a
disability annuity calculated in accordance with the formula in
subsection (b). For the purposes of this subsection, such
elected county officer shall be considered permanently
disabled only if: (i) disability occurs while in service as an
elected county officer and is of such a nature as to prevent
him from reasonably performing the duties of his office at the
time; and (ii) the board has received a written certification
by at least 2 licensed physicians appointed by it stating that
such officer is disabled and that the disability is likely to
be permanent.
(d) Refunds of additional optional contributions shall be
made on the same basis and under the same conditions as
provided under Sections Section 9-164, 9-166, and 9-167.
Interest shall be credited at the effective rate on the same
basis and under the same conditions as for other contributions.
Optional contributions under this Section shall be included in
the amount of employee contributions used to compute the tax
levy under Section 9-169.
(e) The effective date of this plan of optional alternative
benefits and contributions shall be January 1, 1988, or the
date upon which approval is received from the U.S. Internal
Revenue Service, whichever is later. The plan of optional
alternative benefits and contributions shall not be available
to any former county officer or employee receiving an annuity
from the Fund on the effective date of the plan, unless he
re-enters service as an elected county officer and renders at
least 3 years of additional service after the date of re-entry.
(f) Any elected county officer who was entitled to receive
a stipend from the State on or after July 1, 2009 and on or
before June 30, 2010 may establish earnings credit for the
amount of stipend not received, if the elected county official
applies in writing to the fund within 6 months after July 2,
2010 (the effective date of Public Act 96-961) this amendatory
Act of the 96th General Assembly and pays to the fund an amount
equal to (i) employee contributions on the amount of stipend
not received, (ii) employer contributions determined by the
Board equal to the employer's normal cost of the benefit on the
amount of stipend not received, plus (iii) interest on items
(i) and (ii) at the actuarially assumed rate.
(g) The plan of optional alternative benefits and
contributions authorized under this Section applies only to
county officers elected by vote of the people on or before
January 1, 2008 (the effective date of Public Act 95-654).
(Source: P.A. 95-369, eff. 8-23-07; 95-654, eff. 1-1-08;
95-876, eff. 8-21-08; 96-961, eff. 7-2-10; revised 9-2-16.)
(40 ILCS 5/11-116) (from Ch. 108 1/2, par. 11-116)
Sec. 11-116. Salary. "Salary": Annual salary of an employee
as follows:
(a) Beginning on the effective date and prior to July 1,
1947, $3,000 shall be the maximum amount of annual salary of
any employee to be considered for the purposes of this Article;
and beginning on July 1, 1947 and prior to July 1, 1953 said
maximum amount shall be $4,800; and beginning on July 1, 1953
and prior to July 8, 1957, said maximum amount shall be $6,000;
and beginning on July 8, 1957, if appropriated, fixed or
arranged on an annual basis, the actual sum payable during the
year if the employee worked the full normal working time in his
position, at the rate of compensation, exclusive of overtime
and final vacation, appropriated or fixed as salary or wages
for service in the position;
(b) If appropriated, fixed or arranged on other than an
annual basis, beginning July 8, 1957, the applicable schedules
specified in Section 11-217 shall be used for conversion of the
salary to an annual basis;
(c) Beginning July 1, 1951, if the city provides lodging
for an employee without charge, his salary shall be considered
to be $120 a year more than the amount payable as salary for
the year. The salary of an employee for whom daily meals are
provided by the city shall be considered to be $120 a year more
for each such daily meal than the amount payable as his salary
for the year; .
(d) Beginning September 1, 1981, the salary of a person who
was or is an employee of a Board of Education on or after that
date shall include the amount of employee contributions, if
any, picked up by the employer for that employee under Section
11-170.1.
(Source: P.A. 85-964; revised 9-2-16.)
(40 ILCS 5/11-125.5) (from Ch. 108 1/2, par. 11-125.5)
Sec. 11-125.5. Transfer of creditable service to Article 8,
9, or 13 Fund.
(a) Any city officer as defined in Section 8-243.2 of this
Code, any county officer elected by vote of the people (and
until March 1, 1993 any other person in accordance with Section
9-121.11) who is a participant in the pension fund established
under Article 9 of this Code, and any elected sanitary district
commissioner who is a participant in a pension fund established
under Article 13 of this Code, may apply for transfer of his
credits and creditable service accumulated under this Fund to
such Article 8, 9, or 13 fund. Such creditable service shall be
transferred forthwith. Payments by this Fund to the Article 8,
9, or 13 fund shall be made at the same time and shall consist
of:
(1) the amounts accumulated to the credit of the
applicant, including interest, on the books of the Fund on
the date of transfer, but excluding any additional or
optional credits, which credits shall be refunded to the
applicant; and
(2) municipality credits computed and credited under
this Article, including interest, on the books of the Fund
on the date the applicant terminated service under the
Fund.
Participation in this Fund as to any credits transferred
under this Section shall terminate on the date of transfer.
(b) Any such elected city officer, county officer, or
sanitary district commissioner who has credits and creditable
service under the Fund may establish additional credits and
creditable service for periods during which he could have
elected to participate participant but did not so elect.
Credits and creditable service may be established by payment to
the Fund of an amount equal to the contributions he would have
made if he had elected to participate, plus interest to the
date of payment.
(c) Any such elected city officer, county officer, or
sanitary district commissioner may reinstate credits and
creditable service terminated upon receipt of a separation
benefit, by payment to the Fund of the amount of the separation
benefit plus interest thereon to the date of payment.
(Source: P.A. 86-1488; 87-1265; revised 9-9-16.)
(40 ILCS 5/18-125) (from Ch. 108 1/2, par. 18-125)
Sec. 18-125. Retirement annuity amount.
(a) The annual retirement annuity for a participant who
terminated service as a judge prior to July 1, 1971 shall be
based on the law in effect at the time of termination of
service.
(b) Except as provided in subsection (b-5), effective July
1, 1971, the retirement annuity for any participant in service
on or after such date shall be 3 1/2% of final average salary,
as defined in this Section, for each of the first 10 years of
service, and 5% of such final average salary for each year of
service in on excess of 10.
For purposes of this Section, final average salary for a
participant who first serves as a judge before August 10, 2009
(the effective date of Public Act 96-207) shall be:
(1) the average salary for the last 4 years of credited
service as a judge for a participant who terminates service
before July 1, 1975.
(2) for a participant who terminates service after June
30, 1975 and before July 1, 1982, the salary on the last
day of employment as a judge.
(3) for any participant who terminates service after
June 30, 1982 and before January 1, 1990, the average
salary for the final year of service as a judge.
(4) for a participant who terminates service on or
after January 1, 1990 but before July 14, 1995 (the
effective date of Public Act 89-136) this amendatory Act of
1995, the salary on the last day of employment as a judge.
(5) for a participant who terminates service on or
after July 14, 1995 (the effective date of Public Act
89-136) this amendatory Act of 1995, the salary on the last
day of employment as a judge, or the highest salary
received by the participant for employment as a judge in a
position held by the participant for at least 4 consecutive
years, whichever is greater.
However, in the case of a participant who elects to
discontinue contributions as provided in subdivision (a)(2) of
Section 18-133, the time of such election shall be considered
the last day of employment in the determination of final
average salary under this subsection.
For a participant who first serves as a judge on or after
August 10, 2009 (the effective date of Public Act 96-207) and
before January 1, 2011 (the effective date of Public Act
96-889), final average salary shall be the average monthly
salary obtained by dividing the total salary of the participant
during the period of: (1) the 48 consecutive months of service
within the last 120 months of service in which the total
compensation was the highest, or (2) the total period of
service, if less than 48 months, by the number of months of
service in that period.
The maximum retirement annuity for any participant shall be
85% of final average salary.
(b-5) Notwithstanding any other provision of this Article,
for a participant who first serves as a judge on or after
January 1, 2011 (the effective date of Public Act 96-889), the
annual retirement annuity is 3% of the participant's final
average salary for each year of service. The maximum retirement
annuity payable shall be 60% of the participant's final average
salary.
For a participant who first serves as a judge on or after
January 1, 2011 (the effective date of Public Act 96-889),
final average salary shall be the average monthly salary
obtained by dividing the total salary of the judge during the
96 consecutive months of service within the last 120 months of
service in which the total salary was the highest by the number
of months of service in that period; however, beginning January
1, 2011, the annual salary may not exceed $106,800, except that
that amount shall annually thereafter be increased by the
lesser of (i) 3% of that amount, including all previous
adjustments, or (ii) the annual unadjusted percentage increase
(but not less than zero) in the consumer price index-u for the
12 months ending with the September preceding each November 1.
"Consumer price index-u" means the index published by the
Bureau of Labor Statistics of the United States Department of
Labor that measures the average change in prices of goods and
services purchased by all urban consumers, United States city
average, all items, 1982-84 = 100. The new amount resulting
from each annual adjustment shall be determined by the Public
Pension Division of the Department of Insurance and made
available to the Board by November 1st of each year.
(c) The retirement annuity for a participant who retires
prior to age 60 with less than 28 years of service in the
System shall be reduced 1/2 of 1% for each month that the
participant's age is under 60 years at the time the annuity
commences. However, for a participant who retires on or after
December 10, 1999 (the effective date of Public Act 91-653)
this amendatory Act of the 91st General Assembly, the
percentage reduction in retirement annuity imposed under this
subsection shall be reduced by 5/12 of 1% for every month of
service in this System in excess of 20 years, and therefore a
participant with at least 26 years of service in this System
may retire at age 55 without any reduction in annuity.
The reduction in retirement annuity imposed by this
subsection shall not apply in the case of retirement on account
of disability.
(d) Notwithstanding any other provision of this Article,
for a participant who first serves as a judge on or after
January 1, 2011 (the effective date of Public Act 96-889) and
who is retiring after attaining age 62, the retirement annuity
shall be reduced by 1/2 of 1% for each month that the
participant's age is under age 67 at the time the annuity
commences.
(Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11;
96-1000, eff. 7-2-10; 96-1490, eff. 1-1-11; revised 9-9-16.)
(40 ILCS 5/22A-111) (from Ch. 108 1/2, par. 22A-111)
Sec. 22A-111. The Board shall manage the investments of any
pension fund, retirement system, or education fund for the
purpose of obtaining a total return on investments for the long
term. It also shall perform such other functions as may be
assigned or directed by the General Assembly.
The authority of the board to manage pension fund
investments and the liability shall begin when there has been a
physical transfer of the pension fund investments to the board
and placed in the custody of the board's custodian.
The authority of the board to manage monies from the
education fund for investment and the liability of the board
shall begin when there has been a physical transfer of
education fund investments to the board and placed in the
custody of the board's custodian.
The board may not delegate its management functions, but it
may, but is not required to, arrange to compensate for
personalized investment advisory service for any or all
investments under its control with any national or state bank
or trust company authorized to do a trust business and
domiciled in Illinois, other financial institution organized
under the laws of Illinois, or an investment advisor who is
qualified under the Federal Investment Advisers Advisors Act of
1940 and is registered under the Illinois Securities Law of
1953. Nothing contained herein shall prevent the Board from
subscribing to general investment research services available
for purchase or use by others. The Board shall also have the
authority to compensate for accounting services.
This Section shall not be construed to prohibit the
Illinois State Board of Investment from directly investing
pension assets in public market investments, private
investments, real estate investments, or other investments
authorized by this Code.
(Source: P.A. 99-708, eff. 7-29-16; revised 10-27-16.)
Section 245. The Public Building Commission Act is amended
by changing Section 20.5 as follows:
(50 ILCS 20/20.5)
(Section scheduled to be repealed on June 1, 2018)
Sec. 20.5. Procedures for design-build selection.
(a) The Commission must use a two-phase procedure for the
selection of the successful design-build entity. Phase I of the
procedure will evaluate and shortlist the design-build
entities based on qualifications, and Phase II will evaluate
the technical and cost proposals.
(b) The Commission shall include in the request for
proposal the evaluating factors to be used in Phase I. These
factors are in addition to any prequalification requirements of
design-build entities that the Commission has set forth. Each
request for proposal shall establish the relative importance
assigned to each evaluation factor and subfactor, including any
weighting of criteria to be employed by the Commission. The
Commission must maintain a record of the evaluation scoring to
be disclosed in event of a protest regarding the solicitation.
The Commission shall include the following criteria in
every Phase I evaluation of design-build entities: (1)
experience of personnel; (2) successful experience with
similar project types; (3) financial capability; (4)
timeliness of past performance; (5) experience with similarly
sized projects; (6) successful reference checks of the firm;
(7) commitment to assign personnel for the duration of the
project and qualifications of the entity's consultants; and (8)
ability or past performance in meeting or exhausting good faith
efforts to meet the utilization goals for minority and women
business enterprises established by the corporate authorities
of the Commission and in complying with Section 2-105 of the
Illinois Human Rights Act. The Commission may include any
additional relevant criteria in Phase I that it deems necessary
for a proper qualification review. The Commission may include
any additional relevant criteria in Phase I that it deems
necessary for a proper qualification review.
The Commission may not consider any design-build entity for
evaluation or award if the entity has any pecuniary interest in
the project or has other relationships or circumstances,
including but not limited to, long-term leasehold, mutual
performance, or development contracts with the Commission,
that may give the design-build entity a financial or tangible
advantage over other design-build entities in the preparation,
evaluation, or performance of the design-build contract or that
create the appearance of impropriety. No design-build proposal
shall be considered that does not include an entity's plan to
comply with the requirements established in the minority and
women business enterprises and economically disadvantaged
firms established by the corporate authorities of the
Commission and with Section 2-105 of the Illinois Human Rights
Act.
Upon completion of the qualifications evaluation, the
Commission shall create a shortlist of the most highly
qualified design-build entities. The Commission, in its
discretion, is not required to shortlist the maximum number of
entities as identified for Phase II evaluation, provided
however, no less than 2 design-build entities nor more than 6
are selected to submit Phase II proposals.
The Commission shall notify the entities selected for the
shortlist in writing. This notification shall commence the
period for the preparation of the Phase II technical and cost
evaluations. The Commission must allow sufficient time for the
shortlist entities to prepare their Phase II submittals
considering the scope and detail requested by the Commission.
(c) The Commission shall include in the request for
proposal the evaluating factors to be used in the technical and
cost submission components of Phase II. Each request for
proposal shall establish, for both the technical and cost
submission components of Phase II, the relative importance
assigned to each evaluation factor and subfactor, including any
weighting of criteria to be employed by the Commission. The
Commission must maintain a record of the evaluation scoring to
be disclosed in event of a protest regarding the solicitation.
The Commission shall include the following criteria in
every Phase II technical evaluation of design-build entities:
(1) compliance with objectives of the project; (2) compliance
of proposed services to the request for proposal requirements;
(3) quality of products or materials proposed; (4) quality of
design parameters; (5) design concepts; (6) innovation in
meeting the scope and performance criteria; and (7)
constructability of the proposed project. The Commission may
include any additional relevant technical evaluation factors
it deems necessary for proper selection.
The Commission shall include the following criteria in
every Phase II cost evaluation: the guaranteed maximum project
cost and the time of completion. The Commission may include any
additional relevant technical evaluation factors it deems
necessary for proper selection. The guaranteed maximum project
cost criteria weighing factor shall not exceed 30%.
The Commission shall directly employ or retain a licensed
design professional to evaluate the technical and cost
submissions to determine if the technical submissions are in
accordance with generally accepted industry standards.
Upon completion of the technical submissions and cost
submissions evaluation, the Commission may award the
design-build contract to the highest overall ranked entity.
(d) This Section is repealed on June 1, 2018; provided that
any design-build contracts entered into before such date or any
procurement of a project under this Act commenced before such
date, and the contracts resulting from those procurements,
shall remain effective.
(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
eff. 1-7-14; revised 9-20-16.)
Section 250. The Public Officer Prohibited Activities Act
is amended by changing Section 3 as follows:
(50 ILCS 105/3) (from Ch. 102, par. 3)
Sec. 3. Prohibited interest in contracts.
(a) No person holding any office, either by election or
appointment under the laws or Constitution of this State, may
be in any manner financially interested directly in his own
name or indirectly in the name of any other person,
association, trust, or corporation, in any contract or the
performance of any work in the making or letting of which such
officer may be called upon to act or vote. No such officer may
represent, either as agent or otherwise, any person,
association, trust, or corporation, with respect to any
application or bid for any contract or work in regard to which
such officer may be called upon to vote. Nor may any such
officer take or receive, or offer to take or receive, either
directly or indirectly, any money or other thing of value as a
gift or bribe or means of influencing his vote or action in his
official character. Any contract made and procured in violation
hereof is void. This Section shall not apply to any person
serving on an advisory panel or commission, to any director
serving on a hospital district board as provided under
subsection (a-5) of Section 13 of the Hospital District Law, or
to any person serving as both a contractual employee and as a
member of a public hospital board as provided under Article 11
of the Illinois Municipal Code in a municipality with a
population between 13,000 and 16,000 that is located in a
county with a population between 50,000 and 70,000.
(b) However, any elected or appointed member of the
governing body may provide materials, merchandise, property,
services, or labor, subject to the following provisions under
either paragraph (1) or (2):
(1) If:
A. the contract is with a person, firm,
partnership, association, corporation, or cooperative
association in which such interested member of the
governing body of the municipality has less than a 7
1/2% share in the ownership; and
B. such interested member publicly discloses the
nature and extent of his interest prior to or during
deliberations concerning the proposed award of the
contract; and
C. such interested member abstains from voting on
the award of the contract, though he shall be
considered present for the purposes of establishing a
quorum; and
D. such contract is approved by a majority vote of
those members presently holding office; and
E. the contract is awarded after sealed bids to the
lowest responsible bidder if the amount of the contract
exceeds $1500, or awarded without bidding if the amount
of the contract is less than $1500; and
F. the award of the contract would not cause the
aggregate amount of all such contracts so awarded to
the same person, firm, association, partnership,
corporation, or cooperative association in the same
fiscal year to exceed $25,000.
(2) If:
A. the award of the contract is approved by a
majority vote of the governing body of the municipality
provided that any such interested member shall abstain
from voting; and
B. the amount of the contract does not exceed
$2,000; and
C. the award of the contract would not cause the
aggregate amount of all such contracts so awarded to
the same person, firm, association, partnership,
corporation, or cooperative association in the same
fiscal year to exceed $4,000; and
D. such interested member publicly discloses the
nature and extent of his interest prior to or during
deliberations concerning the proposed award of the
contract; and
E. such interested member abstains from voting on
the award of the contract, though he shall be
considered present for the purposes of establishing a
quorum.
(b-5) In addition to the above exemptions, any elected or
appointed member of the governing body may provide materials,
merchandise, property, services, or labor if:
A. the contract is with a person, firm, partnership,
association, corporation, or cooperative association in
which the interested member of the governing body of the
municipality, advisory panel, or commission has less than a
1% share in the ownership; and
B. the award of the contract is approved by a majority
vote of the governing body of the municipality provided
that any such interested member shall abstain from voting;
and
C. such interested member publicly discloses the
nature and extent of his interest before or during
deliberations concerning the proposed award of the
contract; and
D. such interested member abstains from voting on the
award of the contract, though he shall be considered
present for the purposes of establishing a quorum.
(c) A contract for the procurement of public utility
services by a public entity with a public utility company is
not barred by this Section by one or more members of the
governing body of the public entity being an officer or
employee of the public utility company or holding an ownership
interest of no more than 7 1/2% in the public utility company,
or holding an ownership interest of any size if the public
entity is a municipality with a population of less than 7,500
and the public utility's rates are approved by the Illinois
Commerce Commission. An elected or appointed member of the
governing body of the public entity having such an interest
shall be deemed not to have a prohibited interest under this
Section.
(d) Notwithstanding any other provision of this Section or
any other law to the contrary, until January 1, 1994, a member
of the city council of a municipality with a population under
20,000 may purchase real estate from the municipality, at a
price of not less than 100% of the value of the real estate as
determined by a written MAI certified appraisal or by a written
certified appraisal of a State certified or licensed real
estate appraiser, if the purchase is approved by a unanimous
vote of the city council members then holding office (except
for the member desiring to purchase the real estate, who shall
not vote on the question).
(e) For the purposes of this Section only, a municipal
officer shall not be deemed interested if the officer is an
employee of a company or owns or holds an interest of 1% or
less in the municipal officer's individual name in a company,
or both, that company is involved in the transaction of
business with the municipality, and that company's stock is
traded on a nationally recognized securities market, provided
the interested member: (i) publicly discloses the fact that he
or she is an employee or holds an interest of 1% or less in a
company before deliberation of the proposed award of the
contract; (ii) refrains from evaluating, recommending,
approving, deliberating, or otherwise participating in
negotiation, approval, or both, of the contract, work, or
business; (iii) abstains from voting on the award of the
contract though he or she shall be considered present for
purposes of establishing a quorum; and (iv) the contract is
approved by a majority vote of those members currently holding
office.
A municipal officer shall not be deemed interested if the
officer owns or holds an interest of 1% or less, not in the
officer's individual name but through a mutual fund or
exchange-traded fund, in a company, that company is involved in
the transaction of business with the municipality, and that
company's stock is traded on a nationally recognized securities
market.
(f) Under either of the following circumstances, a
municipal or county officer may hold a position on the board of
a not-for-profit corporation that is interested in a contract,
work, or business of the municipality or county:
(1) If the municipal or county officer is appointed by
the governing body of the municipality or county to
represent the interests of the municipality or county on a
not-for-profit corporation's board, then the municipal or
county officer may actively vote on matters involving
either that board or the municipality or county, at any
time, so long as the membership on the not-for-profit board
is not a paid position, except that the municipal or county
officer may be reimbursed by the not-for-profit
non-for-profit board for expenses incurred as the result of
membership on the not-for-profit non-for-profit board.
(2) If the municipal or county officer is not appointed
to the governing body of a not-for-profit corporation by
the governing body of the municipality or county, then the
municipal or county officer may continue to serve; however,
the municipal or county officer shall abstain from voting
on any proposition before the municipal or county governing
body directly involving the not-for-profit corporation
and, for those matters, shall not be counted as present for
the purposes of a quorum of the municipal or county
governing body.
(Source: P.A. 97-520, eff. 8-23-11; 98-1083, eff. 1-1-15;
revised 9-22-16.)
Section 255. The Local Government Travel Expense Control
Act is amended by changing Sections 10 and 15 as follows:
(50 ILCS 150/10)
Sec. 10. Regulation of travel expenses. All local public
agencies shall, by resolution or ordinance, regulate the
reimbursement of all travel, meal, and lodging expenses of
officers and employees, including, but not limited to: (1) the
types of official business for which travel, meal, and lodging
expenses are allowed; (2) maximum allowable reimbursement for
travel, meal, and lodging expenses; and (3) a standardized form
for submission of travel, meal, and lodging expenses supported
by the minimum documentation required under Section 20 of this
Act. The regulations may allow for approval of expenses that
exceed the maximum allowable travel, meal, or lodging expenses
because of emergency or other extraordinary circumstances. On
and after 180 days after January 1, 2017 (the effective date of
this Act) of the 99th General Assembly, no travel, meal, or
lodging expense shall be approved or paid by a local public
agency unless regulations have been adopted under this Section.
(Source: P.A. 99-604, eff. 1-1-17; revised 10-31-16.)
(50 ILCS 150/15)
Sec. 15. Approval of expenses. On or after 60 days after
January 1, 2017 (the effective date of this Act) of the 99th
General Assembly, expenses for travel, meals, and lodging of:
(1) any officer or employee that exceeds the maximum allowed
under the regulations adopted under Section 10 of this Act; or
(2) any member of the governing board or corporate authorities
of the local public agency, may only be approved by roll call
vote at an open meeting of the governing board or corporate
authorities of the local public agency.
(Source: P.A. 99-604, eff. 1-1-17; revised 10-31-16.)
Section 260. The Local Records Act is amended by changing
Section 6 as follows:
(50 ILCS 205/6) (from Ch. 116, par. 43.106)
Sec. 6. For those agencies comprising counties of 3,000,000
or more inhabitants or located in or coterminous co-terminous
with any such county or a majority of whose inhabitants reside
in any such county, this Act shall be administered by a Local
Records Commission consisting of the president of the county
board of the county wherein the records are kept, the mayor of
the most populous city in such county, the State's attorney of
such county, the County comptroller, the State archivist, and
the State historian. The president of the county board shall be
the chairman of the Commission.
For all other agencies, this Act shall be administered by a
Local Records Commission consisting of a chairman of a county
board, who shall be chairman of the Commission, a mayor or
president of a city, village or incorporated town, a county
auditor, and a State's attorney, all of whom shall be appointed
by the Governor, the State archivist, and the State historian.
A member of either Commission may designate a substitute.
Either Commission may employ such technical, professional
and clerical assistants as are necessary.
Either Commission shall meet upon call of its chairman.
(Source: Laws 1961, p. 3503; revised 9-20-16.)
Section 265. The Illinois Police Training Act is amended by
setting forth, renumbering, and changing multiple versions of
Section 10.19 as follows:
(50 ILCS 705/10.19)
Sec. 10.19. Training; administration of epinephrine.
(a) This Section, along with Section 40 of the State Police
Act, may be referred to as the Annie LeGere Law.
(b) For purposes of this Section, "epinephrine
auto-injector" means a single-use device used for the automatic
injection of a pre-measured dose of epinephrine into the human
body prescribed in the name of a local governmental agency.
(c) The Board shall conduct or approve an optional advanced
training program for police officers to recognize and respond
to anaphylaxis, including the administration of an epinephrine
auto-injector. The training must include, but is not limited
to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Board.
(d) A local governmental agency may authorize a police
officer who has completed an optional advanced training program
under subsection (c) to carry, administer, or assist with the
administration of epinephrine auto-injectors provided by the
local governmental agency whenever he or she is performing
official duties.
(e) A local governmental agency that authorizes its
officers to carry and administer epinephrine auto-injectors
under subsection (d) must establish a policy to control the
acquisition, storage, transportation, administration, and
disposal of epinephrine auto-injectors and to provide
continued training in the administration of epinephrine
auto-injectors.
(f) A physician, physician's assistant with prescriptive
authority, or advanced practice registered nurse with
prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of a
local governmental agency to be maintained for use when
necessary.
(g) When a police officer administers an epinephrine
auto-injector in good faith, the police officer and local
governmental agency, and its employees and agents, incur no
liability, except for willful and wanton conduct, as a result
of any injury or death arising from the use of an epinephrine
auto-injector.
(Source: P.A. 99-711, eff. 1-1-17.)
(50 ILCS 705/10.20)
Sec. 10.20 10.19. Disposal of medications. The Board shall
develop rules and minimum standards for local governmental
agencies that authorize police officers to dispose of unused
medications under Section 18 of the Safe Pharmaceutical
Disposal Act.
(Source: P.A. 99-648, eff. 1-1-17; revised 10-21-16.)
(50 ILCS 705/10.21)
Sec. 10.21 10.19. Training; sexual assault and sexual
abuse.
(a) The Illinois Law Enforcement Training Standards Board
shall conduct or approve training programs in trauma-informed
responses and investigations of sexual assault and sexual
abuse, which include, but is not limited to, the following:
(1) recognizing the symptoms of trauma;
(2) understanding the role trauma has played in a
victim's life;
(3) responding to the needs and concerns of a victim;
(4) delivering services in a compassionate, sensitive,
and nonjudgmental manner;
(5) interviewing techniques in accordance with the
curriculum standards in subsection (f) of this Section;
(6) understanding cultural perceptions and common
myths of sexual assault and sexual abuse; and
(7) report writing techniques in accordance with the
curriculum standards in subsection (f) of this Section.
(b) This training must be presented in all full and
part-time basic law enforcement academies on or before July 1,
2018.
(c) Agencies employing law enforcement officers must
present this training to all law enforcement officers within 3
years after January 1, 2017 (the effective date of Public Act
99-801) this amendatory Act of the 99th General Assembly and
must present in-service training on sexual assault and sexual
abuse response and report writing training requirements every 3
years.
(d) Agencies employing law enforcement officers who
conduct sexual assault and sexual abuse investigations must
provide specialized training to these officers on sexual
assault and sexual abuse investigations within 2 years after
January 1, 2017 (the effective date of Public Act 99-801) this
amendatory Act of the 99th General Assembly and must present
in-service training on sexual assault and sexual abuse
investigations to these officers every 3 years.
(e) Instructors providing this training shall have
successfully completed training on evidence-based,
trauma-informed, victim-centered response to cases of sexual
assault and sexual abuse and have experience responding to
sexual assault and sexual abuse cases.
(f) The Board shall adopt rules, in consultation with the
Office of the Illinois Attorney General and the Department of
State Police, to determine the specific training requirements
for these courses, including, but not limited to, the
following:
(1) evidence-based curriculum standards for report
writing and immediate response to sexual assault and sexual
abuse, including trauma-informed, victim-centered
interview techniques, which have been demonstrated to
minimize retraumatization, for probationary police
officers and all law enforcement officers; and
(2) evidence-based curriculum standards for
trauma-informed, victim-centered investigation and
interviewing techniques, which have been demonstrated to
minimize retraumatization, for cases of sexual assault and
sexual abuse for law enforcement officers who conduct
sexual assault and sexual abuse investigations.
(Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)
Section 270. The Regional Fire Protection Agency Act is
amended by changing Section 25 as follows:
(50 ILCS 741/25)
Sec. 25. Creation of an Agency by petition and referendum.
(a) Petition. A Regional Fire Protection Agency may
exclusively be formed upon petition signed by the lesser of:
(i) at least 8% of the total votes cast for candidates for
Governor in the preceding gubernatorial election in each of the
units of local government governments included in the Regional
Fire Protection Agency; or (ii) at least 500 legal voters in
each of the units of local government to be included in the
Regional Fire Protection Agency. The petition shall be filed in
the circuit court of the county in which the greater part of
the land of the proposed Regional Fire Protection Agency shall
be situated. The petition shall set forth the names of the
units of local government proposed to be included, the name of
the proposed Regional Fire Protection Agency, the benefits of
consolidating the units of local government within a Regional
Fire Protection Agency, the names of the representatives of the
petitioners from each unit of local government who shall be
authorized to serve on the Joint Committee, and up to 3
alternate representatives from each unit of local government in
the event a designated representative ceases to be an elector
of their jurisdiction or resigns from the Joint Committee. Upon
its filing, the petition shall be presented to the court, and
the court shall fix the date and hour for a hearing.
(b) Notice of Hearing. Upon the filing of the petition, the
court shall set a hearing date that is at least 4 weeks, but
not more than 8 weeks, after the date the petition is filed.
The court, clerk, petitioner's counsel, or sheriff shall, upon
order of the court, give notice 21 days before the hearing in
one or more daily or weekly newspapers of general circulation
in each county where an affected unit of local government is
organized. The notice must describe the units of local
government to be included and shall state that if the
conditions required by this Section are met, then the
proposition for the creation of the Agency shall be submitted
to the voters of the units of local government in the proposed
Agency by order of the court.
(c) Hearing and referendum. At the hearing, the court shall
first determine whether the petition is supported by the
required number of valid signatures of legal voters within the
contiguous units of local government. If the petition is
proper, then the court shall remand the matter to a Special
Mediator who shall mediate the negotiations regarding the terms
of an intergovernmental agreement by the members of the Joint
Committee as provided in subsection (d) of this Section. The
Special Mediator shall be a member of the bar of the State of
Illinois or a member of the faculty of an accredited law
school. The Special Mediator shall have practiced law for at
least 7 years and be knowledgeable about municipal, labor,
employment, and election law. The Special Mediator shall be
free of any conflicts of interest. The Special Mediator shall
have strong mediation skills and the temperament and training
to listen well, facilitate communication, and assist with
negotiations. Special Mediators shall have sufficient
experience and familiarity with municipal, labor, employment,
and election law to provide a credible evaluation and
assessment of relative positions. The Special Mediator
assigned to mediate the Joint Committee's negotiations shall be
selected by the members of the Joint Committee from a panel of
7 individuals provided by the Joint Labor Management Committee,
as it is defined in Section 50 of the Fire Department Promotion
Act. The panel shall be randomly selected by the Joint Labor
Management Committee from a master list maintained by the Joint
Labor Management Committee consisting of at least 14 qualified
Special Mediators. If the members fail to agree, the court
shall appoint the Special Mediator. The Joint Committee may
elect to conduct negotiations without the assistance of the
Special Mediator upon a majority vote of the Joint Committee.
To certify a question for referendum, the court must find that:
(i) based upon a preponderance of the evidence, at least 2 of
the 3 Joint Committee representatives appointed by the court
for each unit of local government included in the proposed
Agency have executed an intergovernmental agreement that
includes terms that are in compliance with the requirements
under subsection (d) of this Section; (ii) the terms of an
agreed-upon intergovernmental agreement have been approved by
the requisite governing bodies of each of the units of local
government; and (iii) should the terms of an agreed-upon
intergovernmental agreement change the terms of the collective
bargaining agreement for a bargaining unit of employees of any
local unit of government of the proposed Regional Fire
Protection Agency, any affected collective bargaining units
must also approve all such changes in the terms of the
collective bargaining agreement.
(d) Joint Committee. The court shall allow appointments to
the Joint Committee as follows:
(1) A representative of each unit of local government
included within the proposed service area of the proposed
Agency.
(2) A representative of each collective bargaining
unit that is a party to a collective bargaining agreement
with a unit of local government to provide fire suppression
or emergency medical services, or both, included within the
proposed Agency.
(3) A representative for the petitioners from each unit
of local government included within the proposed Agency, as
designated by the petition, or, if none are designated or
willing to serve, then chosen by the court from among the
legal voters that signed the petition.
(e) Joint Committee Negotiations. After remand, the
Special Mediator shall schedule a meeting of the Joint
Committee and facilitate the members in negotiating the terms
of an intergovernmental agreement. The first order of business
shall be to establish a financial baseline for the current
costs of fire and emergency medical services provided by the
units of local government party to the Joint Committee. To this
end, each unit of local government party to the Joint Committee
shall disclose to the Joint Committee the total aggregate
expenditures it allocates for providing all fire, rescue, and
emergency medical services. These expenditures shall include,
but are not limited to, the following cost factors: (i) all
expenses from the corporate fund and other operational funds
related to fire protection services, whether direct or
indirect, for the current fiscal year; and (ii) all costs,
whether direct or indirect, paid from other funds, including,
but not limited to, capital or building funds, pension funds,
workers' compensation funds, health insurance funds,
enterprise funds, administrative funds, and all other funds
from which money is, or may be, paid or transferred to pay for
the administration and compensation or benefits for employees
or persons assigned to provide fire or emergency medical
services or related services, equipment, and buildings and
their maintenance or operation and debt service for any
expenditures related to these or related cost factors.
The Special Mediator or the court, or both if necessary,
shall facilitate the computation and production of this
financial baseline unless the Joint Committee elects to conduct
negotiations without the assistance of the Special Mediator.
The financial baseline shall serve as the predicate to: (i) the
annual contributions to be made by each unit of local
government to the costs of providing fire and emergency medical
services to the service area established for the proposed
Regional Fire Protection Agency; and (ii) for the court's
findings pursuant to subsection (f) of this Section.
The Joint Committee may take note or give due consideration
to available resources, studies, and plans that may facilitate
the resolution of issues relating to the terms of an agreement.
Negotiations may continue for a period of 90 days or, if the
court determines that additional time will facilitate
agreement, longer.
If no agreement is reached, the court shall dismiss the
petition. If an agreement is reached, the court shall schedule
an evidentiary hearing with notice to determine if the terms of
the agreement are in compliance with the requirements of
subsection (f) of this Section. The expenses of the Special
Mediator shall be apportioned equally among the included units
of local government unless the parties agree otherwise in the
intergovernmental agreement.
If the intergovernmental agreement has been approved by the
governing bodies of at least 2 units of local government
included in the original petition, then the petition may
proceed, provided that the agreement is also executed by at
least 2 of 3 Joint Committee representatives from each affected
unit of local government included in the original petition. The
units of local government that did not consent to inclusion
shall be dismissed, and an amended petition on behalf of the
consenting units of local government shall be scheduled for an
evidentiary hearing.
The persons or entities, or their duly authorized
representatives, that shall have standing to present evidence
at the hearing are the petitioners, the units of local
government that sought to be included in the proposed Agency,
and the representatives of each collective bargaining unit that
is a party to a collective bargaining agreement with a fire
protection jurisdiction within a unit of local government
included within the proposed Agency.
If the court finds, by a preponderance of the evidence,
that the petition is supported by a proper intergovernmental
agreement, the court shall enter an order certifying the
proposition to the proper election officials, who shall submit
the question of the creation of the proposed Agency to the
legal voters of each included unit of local government at the
next election. Notice of the election shall be given and the
election conducted in the manner provided by the general
election law. The notice shall state the boundaries of the
proposed Agency.
The question shall be submitted in substantially the
following form:
Shall the service areas of (names of existing units of
local government to be combined) be combined to create the
(name of the Regional Fire Protection Agency)?
Responses shall be recorded as "Yes" or "No".
A written statement of the election results shall be filed
with the court. If, in each unit of local government included
within the boundaries of the Regional Fire Protection Agency, a
majority of the voters voting on the question favor the
proposition, then the court shall issue an order stating that
the Agency has been approved.
(f) Intergovernmental agreement; minimum standards of
service. The terms of the intergovernmental agreement shall
ensure that all of the following standards of service are met:
(1) The formation of the Agency shall result in no net
increase in the cost of fire protection services and
emergency medical services to the units of local government
in the proposed Agency due to the reduction or elimination
of duplicative administrative costs, operational costs,
equipment costs, or capital expenditures unless members of
the Joint Committee can demonstrate that an increase in the
cost to a participating unit of local government is
justified by a corresponding increase in the level of
services provided under the terms of the intergovernmental
agreement.
(2) The formation of the Agency shall not increase the
average response times in any included unit of local
government.
(3) Agencies shall have no independent ability to levy
taxes and shall rely on the fiscal support and
contributions from component fire protection
jurisdictions, as required under the terms of the
intergovernmental agreement.
(Source: P.A. 98-1095, eff. 8-26-14; revised 9-20-16.)
Section 275. The Counties Code is amended by changing
Sections 3-6012.1, 4-2002.1, 4-11001.5, 5-25013, and 5-43035
as follows:
(55 ILCS 5/3-6012.1)
Sec. 3-6012.1. Court security officers. The sheriff of any
county in Illinois with less than 3,000,000 inhabitants may
hire court security officers in such number as the county board
shall from time to time deem necessary. Court security officers
may be designated by the Sheriff to attend courts and perform
the functions set forth in Section 3-6023. Court security
officers shall have the authority to arrest; however, such
arrest powers shall be limited to performance of their official
duties as court security officers. Court security officers may
carry weapons, upon which they have been trained and qualified
as permitted by law, at their place of employment and to and
from their place of employment with the consent of the Sheriff.
The court security officers shall be sworn officers of the
Sheriff and shall be primarily responsible for the security of
the courthouse and its courtrooms. The court security officers
shall be under the sole control of the sheriff of the county in
which they are hired. No court security officer shall be
subject to the jurisdiction of a Sheriff's Merit Commission
unless the officer was hired through the Sheriff's Merit
Commission's certified applicant process under Section 3-8010
of the Counties Code. They are not regular appointed deputies
under Section 3-6008. The position of court security officer
shall not be considered a rank when seeking initial appointment
as deputy sheriff under Section 3-8011.
Every court security officer hired on or after June 1, 1997
(the effective date of Public Act 89-685) this amendatory Act
of 1996 shall serve a probationary period of 12 months during
which time they may be discharged at the will of the Sheriff.
(Source: P.A. 99-10, eff. 1-1-16; revised 9-20-16.)
(55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
Sec. 4-2002.1. State's attorney fees in counties of
3,000,000 or more population. This Section applies only to
counties with 3,000,000 or more inhabitants.
(a) State's attorneys shall be entitled to the following
fees:
For each conviction in prosecutions on indictments for
first degree murder, second degree murder, involuntary
manslaughter, criminal sexual assault, aggravated criminal
sexual assault, aggravated criminal sexual abuse, kidnapping,
arson and forgery, $60. All other cases punishable by
imprisonment in the penitentiary, $60.
For each conviction in other cases tried before judges of
the circuit court, $30; except that if the conviction is in a
case which may be assigned to an associate judge, whether or
not it is in fact assigned to an associate judge, the fee shall
be $20.
For preliminary examinations for each defendant held to
bail or recognizance, $20.
For each examination of a party bound over to keep the
peace, $20.
For each defendant held to answer in a circuit court on a
charge of paternity, $20.
For each trial on a charge of paternity, $60.
For each case of appeal taken from his county or from the
county to which a change of venue is taken to his county to the
Supreme or Appellate Court when prosecuted or defended by him,
$100.
For each day actually employed in the trial of a case, $50;
in which case the court before whom the case is tried shall
make an order specifying the number of days for which a per
diem shall be allowed.
For each day actually employed in the trial of cases of
felony arising in their respective counties and taken by change
of venue to another county, $50; and the court before whom the
case is tried shall make an order specifying the number of days
for which said per diem shall be allowed; and it is hereby made
the duty of each State's attorney to prepare and try each case
of felony arising when so taken by change of venue.
For assisting in a trial of each case on an indictment for
felony brought by change of venue to their respective counties,
the same fees they would be entitled to if such indictment had
been found for an offense committed in his county, and it shall
be the duty of the State's attorney of the county to which such
cause is taken by change of venue to assist in the trial
thereof.
For each case of forfeited recognizance where the
forfeiture is set aside at the instance of the defense, in
addition to the ordinary costs, $20 for each defendant.
For each proceeding in a circuit court to inquire into the
alleged mental illness of any person, $20 for each defendant.
For each proceeding in a circuit court to inquire into the
alleged dependency or delinquency of any child, $20.
For each day actually employed in the hearing of a case of
habeas corpus in which the people are interested, $50.
All the foregoing fees shall be taxed as costs to be
collected from the defendant, if possible, upon conviction. But
in cases of inquiry into the mental illness of any person
alleged to be mentally ill, in cases on a charge of paternity
and in cases of appeal in the Supreme or Appellate Court, where
judgment is in favor of the accused, the fees allowed the
State's attorney therein shall be retained out of the fines and
forfeitures collected by them in other cases.
Ten per cent of all moneys except revenue, collected by
them and paid over to the authorities entitled thereto, which
per cent together with the fees provided for herein that are
not collected from the parties tried or examined, shall be paid
out of any fines and forfeited recognizances collected by them,
provided however, that in proceedings to foreclose the lien of
delinquent real estate taxes State's attorneys shall receive a
fee, to be credited to the earnings of their office, of 10% of
the total amount realized from the sale of real estate sold in
such proceedings. Such fees shall be paid from the total amount
realized from the sale of the real estate sold in such
proceedings.
State's attorneys shall have a lien for their fees on all
judgments for fines or forfeitures procured by them and on
moneys except revenue received by them until such fees and
earnings are fully paid.
No fees shall be charged on more than 10 counts in any one
indictment or information on trial and conviction; nor on more
than 10 counts against any one defendant on pleas of guilty.
The Circuit Court may direct that of all monies received,
by restitution or otherwise, which monies are ordered paid to
the Department of Healthcare and Family Services (formerly
Department of Public Aid) or the Department of Human Services
(acting as successor to the Department of Public Aid under the
Department of Human Services Act) as a direct result of the
efforts of the State's attorney and which payments arise from
Civil or Criminal prosecutions involving the Illinois Public
Aid Code or the Criminal Code, the following amounts shall be
paid quarterly by the Department of Healthcare and Family
Services or the Department of Human Services to the General
Corporate Fund of the County in which the prosecution or cause
of action took place:
(1) where the monies result from child support
obligations, not less than 25% of the federal share of the
monies received,
(2) where the monies result from other than child
support obligations, not less than 25% of the State's share
of the monies received.
In addition to any other amounts to which State's Attorneys
are entitled under this Section, State's Attorneys are entitled
to $10 of the fine that is imposed under Section 5-9-1.17 of
the Unified Code of Corrections, as set forth in that Section.
(b) A municipality shall be entitled to a $25 prosecution
fee for each conviction for a violation of the Illinois Vehicle
Code prosecuted by the municipal attorney pursuant to Section
16-102 of that Code which is tried before a circuit or
associate judge and shall be entitled to a $25 prosecution fee
for each conviction for a violation of a municipal vehicle
ordinance prosecuted by the municipal attorney which is tried
before a circuit or associate judge. Such fee shall be taxed as
costs to be collected from the defendant, if possible, upon
conviction. A municipality shall have a lien for such
prosecution fees on all judgments or fines procured by the
municipal attorney from prosecutions for violations of the
Illinois Vehicle Code and municipal vehicle ordinances.
For the purposes of this subsection (b), "municipal vehicle
ordinance" means any ordinance enacted pursuant to Sections
11-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois
Municipal Code or any ordinance enacted by a municipality which
is similar to a provision of Chapter 11 of the Illinois Vehicle
Code.
(c) State's attorneys shall be entitled to a $2 fee to be
paid by the defendant on a judgment of guil